Chapter II
FOOD PRODUCTION AND TRADING
Section 1. FRESH AND RAW FOOD PRODUCTION AND TRADING
Article 9.- Organizations, households and individuals that produce and/or trade in fresh and raw food must ensure that the places where the food are reared, cultivated or traded in shall not be polluted by surrounding environments and must be isolated from areas where environmental pollution and/or food contamination may occur.
Article 10.- Organizations, households and individuals that produce and/or trade in fresh and raw food must apply measures to treat wastes according to the law provisions on environmental protection.
Article 11.- The use of fertilizers, animal feeds, plant protection drugs, veterinary drugs, food preservatives, growth stimulants, weight gain stimulants, breeding irritators and other substances related to food hygiene and safety must comply with law provisions.
Article 12.- Organizations, households and individuals that produce and/or trade in fresh and raw food shall have the responsibility:
1. To ensure that the food they have produced and/or traded in are not polluted, are preserved at clean places, isolated from places where chemicals, chiefly toxic chemicals, are preserved and other pathogenic sources;
2. To be accountable for the origins of food they have produced and/or traded in.
Section 2. FOOD PROCESSING
Article 13.-
1. Food-processing sites of organizations, households or individuals must be located at places which meet the food hygiene and safety conditions.
2. The food- processing sites must be designed, constructed, installed and operated to satisfy the food hygiene and safety requirements.
Article 14.-
1. Raw materials used for food processing must ensure hygiene and safety according to law provisions.
2. The food-processing establishments must apply all measures to keep food from being contaminated or infected with pathogens which may spread to humans, animals and/or plants.
3. The food-processing establishments must ensure that the processing process is conformable with the law provisions on food hygiene and safety.
Article 15.-
1. The food-processing establishments shall only be permitted to use food additives, food-processing supports and micro-nutrients, which are on the lists of those permitted for use, and must use them within the prescribed dosages or limits.
2. The Health Ministry shall prescribe the lists of food additives, food-processing supports, micro-nutrients, which are permitted for use, and their use dosages or limits.
Article 16.- Organizations, households and individuals, in the course of food processing, shall have the responsibilities:
1. To use equipment and devices with surfaces which directly contact food being manufactured from materials meeting the food hygiene and safety requirements;
2. To use containers, packings, devices, equipment which satisfy the food hygiene and safety requirements and do not cause food pollution;
3. To use water up to the prescribed standards for food processing;
4. To use detergents, disinfectants, antidotal substances safely without adversely affecting human health and lives and without causing environmental pollution.
Section 3. FOOD PRESERVATION, TRANSPORTATION
Article 17.-
1. Food packages must ensure food hygiene and safety requirements, protect food from being polluted and maintain food quality in the preservation and use duration and must be convenient for labeling.
2. Packages directly contacting food must be tested and inspected in terms of food hygiene and safety.
Article 18.-
1. Organizations, households and individuals that produce and/or trade in food must apply appropriate food-preserving methods in order to ensure that food shall not spoil, degenerate, shall retain their quality, tastes and flavors, and not to increase pollutants in food.
2. Agencies performing the State management over food hygiene and safety shall guide the food-preserving methods, prescribe the dosages of food preservatives and the preservation duration for each kind of food.
Article 19.-
1. Food which are preserved by radiation method and circulated in the Vietnamese territory must have their labels inscribed in Vietnamese with "thuc pham duoc bao quan bang phuong phap chieu xa" (Food preserved by radiation method) or with international signs and must be permitted by competent State management agencies in charge of food hygiene and safety for circulation.
2. Organizations, households and individuals shall only be permitted to trade in radiation-preserved food on the list of food preserved by radiation method and within the law-prescribed radiation dosages.
The Health Ministry shall prescribe the list of food preserved by radiation methods.
Article 20.-
1. Genetically modified food food raw materials must have their labels inscribed in Vietnamese with "thuc pham co gen da bien doi" (Genetically modified food).
2. The Government shall prescribe in detail the management and use of genetically modified food.
Article 21.- Organizations, households and individuals, in the course of food transportation, must preserve food and the constituents thereof from being contaminated with biological, chemical and/or physic agents, which are not allowed to appear in food; maintain the quality, hygiene and safety of food sold to consumers.
Article 22.- Means used for transportation of food must ensure the following conditions:
1. Being manufactured from materials which do not pollute food or food packages;
2. Being easily cleansed and cleaned;
3. Being able to easily distinguish assorted food;
4. Being able to combat pollutants, including smoke, dust and to combat contagion among assorted food;
5. Being able to maintain and control conditions to ensure food hygiene and safety in the course of transportation.
Section 4. FOOD IMPORT, EXPORT
Article 23.- Organizations, households and individuals that import and/or export food, food additives, food-processing supports, micro-nutrients, functional food, high-risk food, radiation-preserved food, genetically modified food must bear responsibility for the hygiene and safety of the food they have imported and/or exported; must comply with the provisions of Vietnamese law when importing them; and must comply with the provisions of this Ordinance and the provisions of the importing countries' laws, when exporting them.
Article 24.-
1. Organizations, households and individuals that import and/or export food must have certificates of inspection for satisfaction of food hygiene and safety requirements, issued by competent State bodies.
2. Competent State agencies which conduct the inspection of imported- and exported- food hygiene and safety must be answerable before law for the results of their inspection of food hygiene and safety.
The Government shall prescribe the procedures for inspection of imported- and exported-food hygiene and safety.
Article 25.-
1. Imported, exported food which have already been certified as satisfying the food hygiene and safety requirements by countries which have signed with Vietnam international treaties on mutual recognition in activities of certifying quality, recognizing quality control systems can be inspected if signs of violating the provisions of Vietnamese law on food hygiene and safety are detected.
2. Imported, exported food which have already been certified for standard compatibility, food of production and/or business organizations and individuals that have already been certified as having the food hygiene and safety quality control system compatible with Vietnamese standards or foreign, international standards applied in Vietnam can be entitled to reduction of the number of food hygiene and safety inspections.
Article 26.-
1. Imported food which fail to satisfy the food hygiene and safety requirements can be recovered, recycled, subject to change of use purposes, destroyed or re-exported under decisions of competent State agencies; organizations, households and individuals shall bear all expenses for handling of their imported food which fail to satisfy the requirements.
2. Exported food which fail to satisfy the food hygiene and safety requirements can be re-cycled, subject to change of use purposes, or destroyed under decisions of competent State agencies; households and individuals shall have to bear all expenses for the handling of their exported food which fail to satisfy the requirements.
Article 27.- Food brought along by persons on entry, exit or transit for personal consumption; food used for crew members and passengers on traffic means entering, exiting or transiting Vietnam; food being goods on transit in Vietnam must ensure the food hygiene and safety requirements as provided for in this Ordinance and other relevant legislation.
Section 5. FOOD PRODUCTION AND BUSINESS CONDITIONS
Article 28.-
1. Organizations, households and individuals that produce and/or trade in food must comply with the food hygiene and safety conditions prescribed in Sections 1, 2, 3 and 4 of this Chapter.
2. Organizations, households and individuals that produce and/or trade in high-risk food must be granted certificates of satisfaction of food hygiene and safety conditions by competent State agencies.
The Government shall prescribe the list of high-risk food, the competence and procedures for granting certificates of satisfaction of food hygiene and safety conditions.
Article 29.-
1. Persons who are directly engaged in food production and trading must satisfy the health criteria, not suffer from contagious diseases and have knowledge about food hygiene and safety.
2. The Health Ministry shall prescribe the health criteria, the requirements on knowledge about food hygiene and safety for persons directly involved in food production and trading, which are suitable to each production and/or business line.
Article 30.-
1. Organizations, households and individuals that produce and trade in food shall have to ensure the health criteria of persons directly involved in food production and/or trading at their establishments as provided for by law.
2. The Health Ministry shall stipulate the health examination for persons working at food production and/or business establishments.
Section 6. ANNOUNCEMENT OF FOOD HYGIENE AND SAFETY STANDARDS
Article 31.- Organizations, households and individuals can only produce and/or trade in food which ensure the food hygiene and safety standards.
Article 32.- The competent State agencies shall promulgate food hygiene and safety standards as well as inspection methods, stipulate the food hygiene and safety management over food, food additives, food-processing supports, micro-nutrients, functional food, high-risk food, radiation-preserved food, genetically modified food, food containers, materials for making food packages, wrappings, devices and equipment used in food production and/or trading.
Article 33.-
1. Organizations and individuals that produce and trade in food with business registration must publicize the application of Vietnamese standards or branch standards according to law provisions; in case of publication of the establishment standards, such standards must not be lower than the branch standards and the Vietnamese standards.
2. Organizations and individuals that produce and trade in food with business registration must strictly comply with the standards they have publicized and the food hygiene and safety regulations promulgated by competent State agencies; regularly inspect and take responsibility for food hygiene and safety with regard to the food they produce and/or trade in.
3. Organizations, households and individuals that produce and trade in food without business registration must strictly comply with the law provisions on food hygiene and safety and be responsible for food hygiene and safety with regard to the food they produce and/or trade in.
Section 7. FOOD ADVERTISEMENT AND LABELING
Article 34.-
1. The advertisement of food, food additives, food-processing supports, micro-nutrients, functional food, high-risk food, radiation-preserved food, genetically modified food and food-related matters must comply with the law provisions on advertisement.
The advertisers must bear responsibility for the contents of their advertisements.
2. The contents of advertisements of food, food additives, food-processing supports, micro-nutrients, functional food, high-risk food, radiation-preserved food, genetically modified food and food-related matters must be truthful, accurate, clear and not harmful to producers, traders and consumers.
Article 35.-
1. Pre-packed food must be stuck with food labels. Food labels must be inscribed fully, accurately, clearly and truthfully with food constituents and other contents as prescribed by law; food labels must not be inscribed in any form about food with efficacy of substituting curative medicines.
2. Organizations and individuals that produce or trade in pre-packed food in the Vietnamese territory must inscribe food labels before delivering goods from workshops.
3. Food labels must contain the following basic details:
a) The name of the food;
b) The name and address of the food-producing establishment;
c) The food quantity;
d) The food constituents;
e) Major quality norms of the food;
f) Date of production, use duration, food preservation duration;
g) Instructions on preservation and use of the food;
h) Origin of the food.
Tìm kiếm
Pháp lệnh vệ sinh an toàn thực phẩm năm 2003 (Bản Word)