Chapter III
PROCEDURES FOR AND PROCESS OF INSPECTION
Article 9. Dossier of registering for inspection
1. A dossier of registering for state inspection of foodstuff safety for import foodstuff includes:
a) Registration for import foodstuff inspection made according to Annex I promulgated together with this Circular;
b) Authenticated copy of receipt of technical-regulation conformity announcement or certificate of announcement of conformity with regulations on foodstuff safety which is issued by the Ministry of Health or a competent agency authorized by the Ministry of Health;
c) Notarized copy of goods import contract; enclosed with list of goods (packing list);
d) Authenticated copy and certified by import organizations or individuals; Bill of lading; invoice; declaration of import goods.
2. Case of applying method of simplified inspection, simplified inspection by only inspecting dossier, a dossier of registering for inspection includes: Authenticated copies, or relevant documents to prove as prescribed in Article 7 and Article 8 of this Circular.
Article 10. Inspection agencies
1. Inspection agencies are the testing facilities which are appointed by the Minister of Industry and Trade to perform the state inspection function about foodstuff safety for import foodstuff under the management responsibility of the Ministry of Industry and Trade (hereinafter referred to as inspection agencies).
2. Appointment of inspection agencies in special cases:
In case where a goods owner often gather import foodstuff at a location at a far distance from head office of inspection agencies, the goods owners may suggest the Ministry of Industry and Trade to temporarily appoint specialized agency in the same locality with place of gathering import foodstuff to conduct inspection, actual test of goods lot and notify the concerned parties about the inspection result.
Within five (05) working days after receiving suggestion of goods owner, the Ministry of Industry and Trade will consider and decide a specialized agency to conduct inspection, actual test of goods lot in accordance with regulations and notify the goods owner in writing.
Article 11. Inspection process
The import foodstuff must be taken samples at locations as decided by the inspection agencies (at border gates, places of gathering goods or in preservation warehouses).
1. The inspection agencies as appointed by the Ministry of Industry and Trade will have mission to organize the receipt, consideration of dossier of registering for inspection so as to determine method of inspection to be suitable with each goods lot.
2. To organize the taking of samples at locations where the goods owner has registered for inspection. In case where the goods owner arbitrarily sell or distribute the goods lot out from the gathering place before the inspection agency takes samples for inspection, the inspection agency will send a written notice to customs agencies and the Ministry of Industry and Trade so as to have measures of recall or handling in accordance with regulations.
3. To make record of taking samples according to Annex II promulgated together with this Circular. The record of inspection must be sufficient signatures of concerned parties and kept in dossier of common inspection of the goods lot.
Article 12. Inspection content
The inspection agencies will, base on result of inspection and test (dossier of registering for inspection and information of the import goods lot), to determine specific method of inspection, quantity of samples, number of targets need test, method of test and conduct inspection on samples for foodstuff products which have been issued the receipt of technical-regulation conformity announcement or certificate of conformity with regulations on foodstuff safety as prescribed, including:
1. Content stated in the receipt of technical-regulation conformity announcement with the product sample for inspection in order to decide on the inspection method as prescribed in Chapter II of this Circular.
2. Expiry date and content of labeling.
3. Other safety requirements upon having information about risks or at request in writing of the Ministry of Industry and Trade.
Article 13. Basis to compare with the inspection result
Basis to compare with the inspection result include:
1. The receipt of technical-regulation conformity announcement or certificate of conformity with regulations on foodstuff safety.
2. Regulations, standards, national technical regulations of Vietnam about quality, foodstuff safety and labeling of goods.
Article 14. Conclusion and time limit of conducting inspection
1. Conclusion after inspection
a) If the inspected goods lot satisfies the import requirements as prescribed, the state inspection agencies will issue notification of foodstuff of satisfaction of import requirements according to Annex III or notification of foodstuff of only inspection on dossier according to Annex IV of this Circular;
b) If the inspected goods lot fails to satisfy the import requirements as prescribed, within five (05) working days, the state inspection agencies will send report of testing result and notification of foodstuff of unsatisfactory of import requirements according to Annex V promulgated together with this Circular to goods owners and customs agencies of destination of goods, concurrently report to the Ministry of Industry and Trade enclosed with proposals of measures to handle such goods lot.
2. Time limit of implementation
a) Issuance of certification of goods lot of satisfaction of import requirements;
- For foodstuff under method of strict inspection: Not exceeding five (05) working days after taking samples registered for inspection, plus duration of test in accordance with regulations of test method;
- For foodstuff under method of normal inspection and simplified inspection: Not exceeding three (03) working days after taking samples registered for inspection, plus duration of test in accordance with regulations of test method;
b) Issuance of notification of foodstuff of only inspection on dossier for foodstuff under method of simplified inspection by only inspection on dossier: Not exceeding two (02) working days after receiving a full and valid dossier of registering for inspection;
c) Notification of inspection result under method of strict inspection and notification of goods lot of unsatisfactory of import requirements enclosed with report of test result for each goods lot when handing it to import goods owners and report to the Ministry of Industry and Trade will not exceed five (05) days after having result of inspection.
Within fifteen (15) working days after receiving notification of the inspection agencies for the inspected goods lots failing to satisfy the import requirements, the Ministry of Industry and Trade will decide on handling of such goods lot in accordance with regulations.
Article 15. Inspection charges and fees
1. The goods owners shall pay inspection charges and fees as prescribed by law on charges and fees;
2. Management of inspection charges and fees will comply with the current regulations.
Tìm kiếm
Thông tư 28/2013/TT-BCT quy định kiểm tra nhà nước về an toàn thực phẩm đối với thực phẩm nhập khẩu thuộc trách nhiệm quản lý của Bộ Công thương (Bản Word)
Thông tư 28/2013/TT-BCT quy định kiểm tra nhà nước về an toàn thực phẩm đối với thực phẩm nhập khẩu thuộc trách nhiệm quản lý của Bộ Công thương (Bản Pdf)