Chapter 7.
ASSIGNMENT OF STATE MANAGEMENT RESPONSIBILITIES ON FOOD SAFETY
Article 19. The principles of assignment of state management responsibilities on food safety
1. On the basis of the provisions of the Law on food safety and assurance in accordance with current legal documents.
2. On the basis of the unification of state management on food safety.
3. Ensuring the management throughout the entire process of production, trade of food.
4. Close coordination between ministries, branches.
5. Ensuring the principle of a door, a product, a trading, producing facility is just under the management of a state management agency.
6. Ensuring the science, completion, and feasibility.
7. State management decentralization between central and local government at all levels in the state management on food safety.
8. In the management process, if any problems arise, any interferences arise that can not be clearly defined, the Ministry of Health shall preside over and coordinate with the Ministry of Agriculture and Rural Development, Ministry of Industry and Trade to compile a Joint Circular for specific instructions.
Article 20. Responsibilities of state management on food safety of the Ministry of Health
1. Ministry of Health is responsible before the Government for performing the unified state management on food safety.
2. Within its scope of duties and powers, the Ministry of Health is responsible for:
a) Implementing the regulations on joint responsibility of State management on food safety as provided for in clause 1 of Article 62 of the Law on food safety;
b) Reporting periodically, irregularly with Government on the food safety management based on monitoring and synthesis of reports of the sector managing ministries;
c) Evaluating, developing plan and schedule for compilation, control of national technical standards for all food products, food additives, processing supporting substances, tools and materials for packaging and food containers to meet the requirements on management and in accordance with social - economic development in each period;
d) Presiding over to compile the national technical regulations for products under the jurisdiction specified in Article 62 of the Law on food safety; promulgating the national technical regulations or providing for norms and the safety limit for all food products, food additives, processing supporting substances, tools, packaging materials, food containers;
đ) Appointing the regulation conformity certification organizations for food products, food additives, processing supporting substances, tools, materials for packaging, food containers that have been issued technical regulations on the basis of consultation with the ministries managing branches when necessary;
e) Managing food safety during the process of production, preliminarily processing, food processing, preservation, transportation, export, import and trade for: Food additives, processing supporting substances, bottled water, natural mineral water, functional food, food fortified with micronutrients, tools, materials for packaging, food containers;
g) Specifically providing for the management of functional foods, food additives and food fortified with micronutrients;
h) Organizing the grant of receipt of written publication of regulation conformity, written certification of publication of conformity with food safety regulations, written certification of food advertising content for the foods of their management assigned areas;
i) Organizing and decentralizing the grant of certificates of eligible facilities for food safety to the organizations and individuals producing and trading the products of their assigned areas at Point e, Clause 2 of this Article;
k) Conducting medical certification for food; food additives; food processing supporting substances; tools, packaging materials, food containers when organizations and individuals have requested;
l) Providing for conditions of testing facilities, appointing the units to participate in testing food for State administration under its jurisdiction; appointing the units to perform testing as arbitration and to make final conclusions when having the difference in testing results of the food testing units within and outside the health sector;
m) Providing for food safety conditions for collective kitchens, hotels, resorts, restaurants, establishments trading catering services;
n) Appointing the state inspection agency on imported food safety for the products under their assigned areas at Point e, Clause 2 of this Article and clause 3 of Article 14 of this Decree.
Article 21. Responsibilities of state management on food safety of the Ministry of Agriculture and Rural Development
1. To coordinate in compilation of national technical regulations for food products.
2. To manage food safety for primary production of agricultural, forestry, fisheries and salt products including: The process of planting, breeding, harvesting, fishing, mining agriculture, forestry, fishery products, production of salt.
3. To manage food safety during the production, collection, slaughter, preliminarily processing, processing, storage, transport, export, import and trade of cereals; meat and products from meat; seafood and aqua products; vegetables, fruits and vegetable products, roots and fruits; eggs and egg products; raw milk; honey and honey products; genetically modified food; salt, spice, sugar; tea, coffee; cocoa; pepper; cashew and agricultural products; tools, packaging materials, food containers in its areas assigned for management.
4. To organize the grant of written certification of contents of food advertisements for foods in the areas assigned for management. In case of certifying food advertising content with publication of the health effects, it must be approved by the Ministry of Health.
5. To organize and decentralize the grant of certificates of eligible facilities for food safety to the organizations and individuals producing and trading the products under its assigned areas in clauses 2, 3 and 7 of this Article.
6. To develop and promulgate the regulations on conditions to ensure food safety for the facilities producing, preliminarily processing, processing and trading the products under its assigned areas at clause 3 of this Article on the basis of providing for general conditions to ensure food safety for the facilities producing, trading food issued by the Health Ministry.
7. To manage food safety for wholesale markets, markets of agricultural auction.
8. To provide for conditions of the testing establishments; appoint the testing units and the proofing testing units; announce the testing results for food under the areas assigned for management.
9. To appoint the State inspection agency on imported food safety for the products under the areas assigned for management in clause 3 of this Article and clause 3 of Article 14 of this Decree.
Article 22. Responsibilities of state management on food safety of the Ministry of Industry and Trade
1. To coordinate in compilation of national technical regulations for food products.
2. To manage food safety during the production, processing, storage, transport, export, import and trade for wine, beer, soft drinks, processed milk, vegetable oil, flour making products, starch, bread, jams, candies, containing packages under its management.
3. To organize the grant of written certification of contents of food advertisements for foods in the areas assigned for management. In case of certifying food advertising content with publication of the health effects, it must be approved by the Ministry of Health.
4. To organize and decentralize the grant of certificates of eligible facilities for food safety to the organizations and individuals producing and trading the products in the areas assigned for management in clauses 2, 5 of this Article.
5. To manage food safety for the markets, supermarkets, and the establishments under the system of reservation, distribution of food commodities.
6. To inspect for prevention and combat of fake foods, commercial fraud on the market for all kinds of food, food additives, food processing supporting substances, tools, packaging materials and food containers.
7. To provide for conditions of the testing establishments; appoint the testing units and the proofing testing units; announce the testing results for food under the areas assigned for management.
8. To appoint the State inspection agency on imported food safety for the products under the areas assigned for management in clause 2 of this Article.
Article 23. Responsibilities of state management on food safety of the People's Committees at all levels
1. People's Committees of provinces and cities under central authority implement state management on food safety within the localities, to take responsibility before the government on food safety within their respective localities.
a) To organize and administer the interdisciplinary Steering Committee on hygiene and food safety in the provinces or cities under central authority;
b) To direct the implementation of the provisions of the Government, the ministries, branches on food safety.
2. To promulgate local technical regulations on food safety for local particular food products.
3. The Health Departments take responsibilities before the People's Committees of provinces and cities under central authority for implementing state management on food safety within their respective localities; are the standing contact points of interdisciplinary Steering Committee on food safety at the localities.
a) To be a synthetic contact point to report on food safety situation at the localities for the People's Committees of provinces and cities directly under the Central Government, Ministry of Health;
b) Annually inspect food safety situation in the province; to be a contact point to monitor the risk of food contamination in the area;
c) To inspect, examine products and the facilities manufacturing, trading food additives, processing supporting substances, bottled water, natural mineral water, functional foods, micronutrient fortified foods in the area as decentralized by the Ministry of Health; establishments trading catering services, street food;
d) To preside over and coordinate with the specialized departments to implement the irregular inspection and examination for the entire process of production, trade of food under the management scope of other sectors when having a direction of People's Committee, head of interdisciplinary Steering Committee of hygiene and food safety of provinces and cities directly under the Central Government, Ministry of Health; when detecting food, food additives, processing supporting substances, tools, materials for packaging, containers of food circulated in the area commit acts of violations likely to cause serious effects on the health of consumers; when having a difference in the conclusions of the inspection of the specialized departments; at the proposals of specialized departments;
đ) To organize the reception of written publication of regulation conformity or written certification of publication of conformity with food safety regulations; to certify food advertising content as assigned in clause 2 of Article 4 of this Decree; to issue certificates of edigible facilities for food safety for the facilities producing, trading types of products as assigned by the Ministry of Health;
e) To be responsible for managing food safety in the area, management of safety ensuring conditions for the retail facilities producing, trading food, street food, facilities producing, trading catering services, food safety in the market in the area and the objects as assigned for management.
4. Departments of Agriculture and Rural Development are responsible for:
a) Inspecting, examining products and the facilities producing, trading food as assigned by the Ministry of Agriculture and Rural Development;
b) Organizing to grant certificates of edigible facilities for food safety for the facilities producing, trading types of products as assigned by the Ministry of Agriculture and Rural Development;
c) Organizing the issuance of written certification of food advertising content as assigned by the Ministry of Agriculture and Rural Development;
d) Periodically, irregularly reporting to Standing interdisciplinary Steering Committee (Health Departments) to aggregate, report to the People's Committees of provinces and cities directly under the Central Government, Ministry of Health, Ministry managing branches.
5. Departments of Industry and Trade are responsible for:
a) Inspecting, examining products and the facilities producing, trading food as assigned by the Ministry of Industry and Trade;
b) Organizing to grant certificates of edigible facilities for food safety for the facilities producing, trading types of products as assigned by the Ministry of Industry and Trade;
c) Organizing the issuance of written certification of food advertising content as assigned by the Ministry of Industry and Trade;
d) Inspecting for prevention and combat of fake foods, commercial fraud on the market for all kinds of food, food additives, food processing supporting substances, tools, packaging materials and food containers;
đ) Periodically, irregularly reporting to Standing interdisciplinary Steering Committee (Health Departments) to aggregate, report to the People's Committees of provinces and cities directly under the Central Government, Ministry of Health, Ministry managing branches.
6. People's Committees of districts are responsible before the People's Committees of provinces and cities directly under the Central Government on food safety in the respective areas for.
a) Organizing and administering interdisciplinary Steering Committee on hygiene and food safety in the respective districts;
b) Directing and implementing the provisions of the Government, ministries, branches and People's Committees of provinces and cities directly under the Central Government on food safety;
c) Managing the business of street food, restaurants, and hotels in the area of districts under decentralization.
7. People's Committees of communes, wards are responsible before the People's Committees of districts on food safety in the respective areas for.
a) Organizing and administering interdisciplinary Steering Committee on hygiene and food safety in the communes and wards;
b) Implementing the provisions of the Government, ministries, branches and superior People's Committees of on food safety;
c) Being responsible before the People's Committees of districts on the management of the business activities of street food, restaurants and hotels in the communes, wards under decentralization.
Article 24. Coordination among the ministries managing branches in state management on food safety
The ministries managing branches within their respective State management scope shall coordinate with the Ministry of Health in implementing the state management activities to ensure unified state management of food safety effectively.
1. Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade organize to implement the programs of monitoring, prevention of food safety incidents as prescribed in Article 52 of the Law on food safety under the area assigned.
2. When food poisoning occurs, the Ministry of Health is responsible for organizing emergency, timely treatment for patients got food poisoning. Branches managing ministries shall provide for complete documents of information relating to the origin of food suspected causing poisoning under its management scope; coordinate with the Ministry of Health to investigate the cause and monitor the root cause investigation, conduct the origin access, and handling of food causing poisoning.
Tìm kiếm
Nghị định 38/2012/NĐ-CP hướng dẫn Luật an toàn thực phẩm (Bản Word)
Nghị định 38/2012/NĐ-CP hướng dẫn Luật an toàn thực phẩm (Bản Pdf)