Chương 5 Pháp lệnh 12/2003/PL-UBTVQH11: Kiểm tra, thanh tra về vệ sinh an toàn thực phẩm

Chapter V

FOOD HYGIENE AND SAFETY EXAMINATION AND INSPECTION

Article 44.-

1. The State management agencies in charge of food hygiene and safety shall, within the scope of their tasks and powers, have to examine the observance of law provisions on food hygiene and safety.

2. The Government shall specify the examination of food hygiene and safety in food production and trading.

Article 45.-

1. The food hygiene and safety inspection shall be undertaken by specialized food hygiene and safety inspectorate.

2. The organization and operation of the specialized food hygiene and safety inspectorate shall be defined by the Government.

Article 46.- The specialized food hygiene and safety inspectorate shall have the tasks:

1. To inspect the observance of law provisions on food hygiene and safety by organizations and individuals that produce and/or trade in food;

2. To inspect the observance of food hygiene and safety standards; To verify, conclude on, propose competent authorities to handle violations of the legislation on food hygiene and safety;

3. To suggest, participate in the elaboration of legal documents on food hygiene and safety.

Article 47.- In the course of inspection, the inspection teams and inspectors shall have the following rights and responsibilities:

1. To request concerned organizations and individuals to supply information and materials and give answers on necessary matters in service of the inspection; to request the inspected subjects to supply documents, reports on matters related to the inspection contents; in case of necessity, to be entitled to take samples for testing, to seal documents and evidences related to the inspection contents, to make records on violations related to food hygiene and safety according to law provisions;

2. To request the expertise and conclusion on necessary matters in order to serve the inspection work;

3. To stop acts of violating the regulations on food hygiene and safety, which cause harms or threaten to cause harms to human lives and health, and other acts which cause harms to the interests of the State and the legitimate rights and interests of organizations, individuals;

4. To handle according competence or propose competent State bodies to handle violations of the legislation on food hygiene and safety according to law provisions;

5. To be answerable before law for their conclusions, handling measures of inspection decisions;

6. Other rights and responsibilities according to law provisions.

Article 48.-

1. Organizations, households and individuals that produce and/or trade in food shall have to create conditions for inspection teams and inspectors to perform their tasks of inspection over food hygiene and safety;

2. The inspected organizations, households and individuals must abide by decisions of the inspection teams or inspectors on food hygiene and safety.

Article 49.-

1. Organizations, households and individuals shall have the right to complain about or initiate lawsuits against administrative decisions and/or administrative acts of competent agencies, organizations or individuals in the observance of the legislation on food hygiene and safety.

2. Individuals shall have the right to denounce acts of violating the legislation on food hygiene and safety with competent agencies, organizations and/or individuals.

The competence and procedures for settlement of complaints and denunciations and the procedures to initiate lawsuits, which are prescribed in Clauses 1 and 2 of this Article, shall be effected according to the provisions of law.