Chương III Thông tư 38/2018/TT-BNNPTNT: Tổ chức thực hiện

Chapter III

IMPLEMENTATION ORGANIZATION

Article 19. People’s Committees of centrally-affiliated cities and provinces

1. Designate assessment bodies as prescribed in clause 2 of Article 5 herein based on the recommendations of Departments of Agriculture and Rural Development.

2. Direct Departments of Finance to assess and appeal for approval of annual state budget allocations granted to assessment bodies in accordance with regulations in force.

Article 20. Departments of Agriculture and Rural Developments in provinces and centrally-affiliated cities

1. Counsel provincial People’s Committees to appoint assessment bodies as stipulated in clause 2 of Article 5 herein within their localities.

2. Direct and provide guidance on implementation of this Circular within their jurisdiction on their localities.

3. Report on results of implementation of this Circular to the Ministry of Agriculture and Rural Development (via the National Agro - Forestry - Fisheries Quality Assurance Department) according to the applicable reporting regime.

Article 21. Centrally-affiliated assessment bodies

1. Provide instructions on assessment in the entire system from the local through central level within their remit.

2. Provide guidance on consistent use of materials, forms and methods of assessment by businesses under their delegated authority. Where necessary, propose, design and appeal to the Ministry of Agriculture and Rural Development to promulgate detailed forms and templates of assessment report relevant to the particular characteristics of each business. 

3. Provide professional training and instructions for members of assessment teams.

4. Directly conduct the assessment on and grant the certificate of compliance with food safety regulations to businesses under their authority delegated by the Ministry of Agriculture and Rural Development.

5. Publish the list of businesses conforming or failing to conform to requirements for compliance with food safety regulations under their management on electronic information portals of assessment bodies and the Ministry of Agriculture and Rural Development.

6. Inspect the implementation of this Circular by local assessment bodies.

7. Systematically archive documentation related to the statistics, assessment, evaluation and ranking of businesses within their delegated authority and assigned duties; ensure information security in accordance with regulations in force.

8. Report on results of implementation of this Circular to the Ministry of Agriculture and Rural Development (via the National Agro - Forestry - Fisheries Quality Assurance Department) according to the applicable reporting regime.

Article 22. Local assessment bodies

1. Conduct the assessment, evaluation and ranking of businesses under their authority delegated by the Ministry of Agriculture and Rural Development and within their duties assigned by provincial People’s Committees.

2. Provide professional training and instructions for officers tasked with carrying out assessments.

3. Inform businesses conforming or having yet to conform to requirements for compliance with food safety regulations under their mandate in provinces or cities via mass media.

4. Systematically deposit documentation related to the statistics, assessment and ranking of agro-forestry-fishery food production and trading businesses within their delegated authority or assigned duties.

5. Report on results of implementation of this Circular to the Departments of Agriculture and Rural Development in cities or provinces (via National Agro - Forestry - Fisheries Quality Assurance Subdepartments or entities designated by Departments of Agriculture and Rural Development) according to the applicable reporting regime.

Article 23. Head and members of the assessment team 

1. Head of the assessment team

a) Manage and direct members of the assessment body in order to ensure their compliance with the assessment decision.

b) Ensure objectivity, accuracy and authenticity during the assessment process.

c) Sign on the assessment report, report on assessment results and bear responsibility to the head of the assessment body and legal liability for results of the assessment carried out by the assessment team.

d) Arrive at final conclusions of the assessment team on assessment results.

dd) Protect information about undisclosed business information of assessed businesses and protect confidential assessment results before they are recognized and informed by the assessment body.

2. Members of an assessment body

a) Carry out the assessment and evaluation of relevance of food safety requirements of the assessed business to related regulatory technical regulations.

b) Carry out tasks assigned by the head of the assessment team.

c) Comply with procedures, processes and methods for assessment and sampling; ensure the objectivity, accuracy and authenticity during the assessment and sampling process.

d) Bear responsibility and report on implementation of assigned tasks to the head of the assessment team.

dd) Protect information about undisclosed business information of assessed businesses and protect confidential assessment results before they are recognized and informed by the assessment body.

Article 24. Agro-forestry-fishery food production and trading businesses

1. Assign persons having competence to act as the representative of the assessed business to work with the assessment team.

2. Provide necessary conditions for the assessment team to carry out the assessment and sampling at their workplace; provide a full amount of relevant information, physical samples, documents and materials upon the request of the assessment team.

3. Fully correct defects specified in the assessment report and send written reports to assessment bodies by the deadline defined in the assessment report.

4. Publicly post the assessment report at their workplace.

5. Pay fees for the assessment serving the purposes of granting food safety certificates, fees for the assessment designed for the periodic evaluation of conformance to requirements for compliance with food safety regulations, and fees for the assessment serving the purposes of testing food safety knowledge in accordance with regulations in force.

6. Recall and handle products that do not satisfy food safety requirements in accordance with regulations in force.

7. Have the right to file complaints to the assessment body in case they do not agree to assessment results informed by the assessment team.

8. Inform the assessment body in case of business suspension, dissolution, closure, change of business location, production conditions or business owners.