Chapter IV
IMPLEMENTATION PROVISIONS
Article 36. Entry into force
1. This Decree shall come into force from October 20, 2018.
2. This Decree supersedes the Government’s Decree No. 178/2013/ND-CP dated November 14, 2013 on penalties for administrative violations against regulations on food safety.
Article 37. Transition clauses
1. Food safety offences committed before the date of entry into force of this Decree and discovered afterwards or under consideration shall be governed by the regulations that are advantageous to the organizations and individuals at fault.
2. Violations relating the product granted the Certificate of Declaration of conformity or the Certificate of Declaration of conformity with the food safety regulations which is still valid as regulated in Clause 1 Article 42 of the Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 shall be handled as follows:
a) If the product granted the Certificate of Declaration of conformity or the Certificate of Declaration of conformity with the food safety regulations as regulated in the Decree No. 15/2018/ND-CP is subject to the product self-declaration, the regulations on products subject to self-declaration hereof shall apply;
b) If the product granted the Certificate of Declaration of conformity or the Certificate of Declaration of conformity with the food safety regulations as regulated in the Decree No. 15/2018/ND-CP is subject to mandatory registration of the product declaration, the regulations on products subject to registration of the product declaration hereof shall apply.
Article 38. Post-market surveillance
1. The Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade and People’s Committees of provinces and central-affiliated cities shall organize post-market surveillance of food safety by means of inspections and supervisions of food safety within the scope of their management as regulated; assign food safety agencies of ministries and people’s committees to assume responsibility for post-market surveillance of food safety.
2. The post-market surveillance of manufacturers, sellers, importers or advertisers of foods must be regularly and consecutively made upon the declaration, production, import, trading or distribution, and advertisement of products, and other activities relating food production, processing, trading and testing, and state inspection of safety of imported foods.
3. Rules for prevention of overlapping of subjects, locations and times of post-market surveillance must be ensured. Overlapping cases shall be handled in accordance with regulations of the law on inspection and determination of duties to perform state management of food safety.
Article 39. Responsibility for implementation
1. The Minister of Health shall instruct, organize and inspect the implementation of this Decree.
2. The Minister of Agriculture and Rural Development and the Minister of Industry and Trade shall instruct, organize and inspect the implementation of this Decree within the scope of their management; cooperate with the Minister of Health in instructing, organizing and inspecting the implementation of this Decree.
3. Ministers, heads of ministerial-level agencies, heads of the Government’s affiliates, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant agencies, organizations and individuals shall be responsible for implementing this Decree./.
Tìm kiếm
Nghị định 115/2018/NĐ-CP quy định xử phạt vi phạm hành chính về an toàn thực phẩm (Bản Word)