Pháp lệnh Vệ sinh an toàn thực phẩm năm 2003

ORDINANCE

ON FOOD HYGIENE AND SAFETY
(No. 12/2003/PL-UBTVQH11 of July 26, 2003)

In order to protect human lives and health, maintain and develop our race; to enhance the efficiency of the State management over food hygiene and safety;

Pursuant to the Socialist Republic of Vietnam's 1992 Constitution which was amended and supplemented under Resolution No.51/2001/QH10 of December 25, 2001 of the Xth National Assembly, the 10th session;

Pursuant to Resolution No.12/2002/QH11 of December 16, 2002 of the XIth National Assembly, the 2nd session, on the law- and ordinance-making programs of the National Assembly for the XIth Legislature (2002-2007) and 2003;

This Ordinance prescribes food hygiene and safety.

Chapter I

GENERAL PROVISIONS

Article 1.- This Ordinance prescribes the assurance of food hygiene and safety in the process of food production and business; the prevention and overcoming of food poisoning and diseases transmitted via food.

Article 2.- Vietnamese organizations, households and individuals as well as foreign organizations and individuals, that are engaged in food production and business in the Vietnamese territory, must abide by the provisions of this Ordinance and other relevant provisions of law. In cases where the international treaties which the Socialist Republic of Vietnam has signed or acceded to contain provisions different from those of this Ordinance, such international treaties shall apply.

Article 3.- In this Ordinance, the following terms and phrases are construed as follows:

1. Food means the products which humans eat and/or drink in fresh, raw or processed, preserved forms.

2. Food hygiene and safety mean the necessary conditions and measures to ensure that food shall not cause harms to human health and lives.

3. Food production and business means the performance of one, several or all of the activities of cultivating, rearing, harvesting, fishing and catching, preliminarily processing, processing, packaging, preserving, transporting and/or trading in food.

4. Food-processing establishments mean enterprises, households, collective cookhouses, restaurants and other food-processing establishments.

5. Food poisoning means a pathological occurrence due to eating or drinking food which contain toxins.

6. Diseases transmitted via food mean those caused due to eating, drinking food contaminated with pathogenic agents.

7. Food additives mean substances with or without nutritious values, which are added to food ingredients in the course of processing, treating, packaging and transporting food with a view to retaining or improving some characteristics of food.

8. Food processing supports mean substances used in the course of processing food raw materials or food ingredients in order to perfect the food-treating or -processing technologies.

9. Micro-nutrients mean vitamins, minerals with low contents necessary for the growth, development and sustainment of human body.

10. Functional food mean those used to support the operation of body organs, which have nutritious value and create ease for body and reduce pathogenic dangers.

11. High-risk food mean those with high possibility of infiltration by biological, chemical and/or physic agents which affect the health of consumers.

12. Food preserved by radiation method are those radiated with sources of radioactive activity to preserve and prevent food from degeneration.

13. Gene means a section of chromosomal molecule playing the role of determining the heredity of organism.

14. Genetically modified food are those originating from organisms genetically modified due to the use of genetic technology.

Article 4.-

1. Food business is a conditional business.

2. Organizations, households and individuals producing and/or trading in food must be accountable for the hygiene and safety of the food they produce and/or trade in.

Article 5.-

1. The State shall work out policies and measures to ensure food hygiene and safety with a view to protecting human lives and health.

2. The State shall encourage Vietnamese organizations, households and individuals as well as foreign organizations and individuals that are engaged in food production and business in the Vietnamese territory to apply advanced quality control system in order to ensure food hygiene and safety.

3. The State shall create conditions to expand international cooperation in ensuring food hygiene and safety.

Article 6.- Vietnam Fatherland Front and its member organizations shall, within the scope of their respective tasks and powers, have to propagate and mobilize people to implement and supervise the implementation of the legislation on food hygiene and safety.

Article 7.- Consumers shall have the right to be informed of food hygiene and safety, to select and use proper food; have the responsibility to observe food hygiene and safety, protect themselves in the use of food, fully comply with the guidance on food hygiene and safety; voluntarily report on food poisoning and diseases transmitted via food; complain about, denounce and detect acts of violating the legislation on food hygiene and safety in order to protect the health of their own and of the community.

Article 8.- The following acts are strictly forbidden:

1. Cultivating, rearing, harvesting, fishing and catching, preliminarily processing, processing, packaging, preserving, transporting or trading in food in contravention of law provisions.

2. Producing or trading in:

a) Stale, rotten, degenerated, contaminated food which may cause harm to human lives and health;

b) Food containing toxins or contaminated with toxins;

c) Food infected with pathogenic parasites, pathogenic micro-organisms or micro-organisms beyond the prescribed limits;

d) Meat or products of meat, which have not gone through veterinary inspection or have been inspected but fail to meet the requirements;

e) Cattle, poultry, aquatic resources, which die of diseases, poisoning or unclear causes; products processed from cattle, poultry and/or aquatic resources, which die of diseases, poisoning or unclear causes;

f) Food contaminated due to packing, containers which get dirty, broken or torn in the course of transportation;

g) Food with expired use duration.

3. Producing and/or trading in animals and/or plants infected with pathogenic agents which may spread to humans, animals, plants.

4. Producing and/or trading in food made of non-food raw materials or chemicals outside the lists of those permitted for use.

5. Producing and/or trading in food additives, food-processing supports, micro-nutrients, functional food, high-risk food, food preserved by radiation method, genetically modified food, without permision of competent State management bodies.

6. Using polluted means, means already used for transportation of poisonous and hazardous substances to transport food.

7. Informing, advertising, labeling goods untruthfully or committing other deceptive acts regarding food hygiene and safety.

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.

Chapter III

PREVENTION AND OVERCOMING OF FOOD POISONING AND DISEASES TRANSMITTED VIA FOOD

Article 36.- Measures to prevent food poisoning and diseases transmitted via food shall include:

1. Ensuring hygiene and safety in the process of food production, trading and consumption;

2. Educating, propagating and disseminating knowledge and practice about food hygiene and safety for producers, traders and consumers;

3. Examining and inspecting food hygiene and safety in food production and trading;

4. Analyzing dangers of food pollution;

5. Investigating, surveying and archiving data on food hygiene and safety;

6. Keeping food samples according to law provisions.

Article 37.-

1. Measures to overcome food poisoning and diseases transmitted via food shall include:

a) Detecting and treating in time victims of food poisoning and diseases transmitted via food;

b) Stopping the production, trading and use of poisoned food;

c) Recovering food which have been produced, being circulated on markets and poisoned;

d) Notifying in time the consumers of the food poisoning or diseases transmitted via food, food which are being circulated on the market and poisoned;

e) Promptly investigating and determining the cause of food poisoning or diseases transmitted via food;

f) Applying measures to prevent the spread of epidemics due to food poisoning or diseases transmitted via food.

2. The Government shall assign specific responsibilities to ministries, ministerial-level agencies and agencies attached to the Government in preventing and over-coming food poisoning and diseases transmitted via food.

Article 38.-

1. Organizations, households and individuals that produce, trade in or use food shall have to take initiative in preventing and promptly overcoming food poisoning and diseases transmitted via food.

2. Organizations, households and individuals that produce, trade in or use food, causing food poisoning or diseases transmitted via food shall have to immediately apply measures to overcome the consequences thereof, and at the same time promptly report such to the local People's Committees or the nearest State management agencies in charge of food hygiene and safety and shall have to bear all expenses for the overcoming of food poisoning or diseases transmitted via food according to law provisions.

Article 39.- Organizations and individuals that detect signs of food poisoning of diseases transmitted via food shall have to immediately notify them to the nearest medical establishments or local People's Committees for working out timely preventive and remedial measures.

Article 40.- The People's Committees at all levels shall have to apply measures to preclude food poisoning or diseases transmitted via food in their respective localities; in cases of food poisoning or diseases transmitted via food, they must apply necessary measures to overcome the consequences and prevent the spread thereof; at the same time, report to the immediate superior State agencies, the competent State management agencies in charge of food hygiene and safety and notify the People's Committees of the localities where the food poisoning or diseases may spread to.

The People's Committees of the localities where food poisoning or diseases transmitted via food may spread to shall have to notify the local population thereof for prevention thereof and the application of measures to coordinate in overcoming the consequences and preventing the spread thereof.

Article 41.-

1. Where the People's Committees of the localities where food poisoning or diseases transmitted via food occur are incapable of overcoming the consequences, preventing the spread thereof, they must propose the immediate superior State agencies or the competent State management agencies in charge of food hygiene and safety to settle, or support the settlement of the cases.

2. Where diseases transmitted via food turn into dangerous epidemics which spread widely, seriously threatening the human life and health, the law provisions on emergency state must be complied with.

Chapter IV

STATE MANAGEMENT OVER FOOD HYGIENE AND SAFETY

Article 42.- The contents of State management over food hygiene and safety shall include:

1. Elaborating and organizing the implementation of strategies, policies, plannings and plans on food hygiene and safety;

2. Promulgating and organizing the implementation of legal documents on food hygiene and safety, the regulations and standards on food hygiene and safety;

3. Elaborating and organizing the implementation of plans to prevent and overcome food poisoning and diseases transmitted via food;

4. Managing the food hygiene and safety testing and experimenting systems;

5. Managing the promulgation of food hygiene and safety standards, the certifications of satisfaction of food hygiene and safety conditions;

6. Organizing scientific and technological research in the field of food hygiene and safety;

7. Providing professional training and fostering on food hygiene and safety;

8. Organizing the work of information, propagation and dissemination of knowledge and legislation on food hygiene and safety;

9. Entering into international cooperation on food hygiene and safety;

10. Inspecting, examining and settling complaints, denunciations and handling violations of the legislation on food hygiene and safety.

Article 43.-

1. The Government shall perform the unified State management over food hygiene and safety.

2. The Health Ministry shall be accountable to the Government for performing the State management over food hygiene and safety.

3. The ministries and branches shall, within the scope of their respective tasks and powers, have to coordinate with the Health Ministry in performing the State management over food hygiene and safety in their assigned fields according to the following principles:

a) The State management over food hygiene and safety in the production process shall be undertaken primarily by the specialized managing ministries or branches, which shall coordinate with the Health Ministry, the concerned ministries and/or branches in the implementation thereof;

b) The State management over food hygiene and safety in the circulation process shall be undertaken primarily by the Health Ministry which shall coordinate with the concerned ministries and/or branches in the implementation thereof.

4. The People's Committees at all levels shall, within the scope of their respective tasks and powers, perform the State management over food hygiene and safety in their respective localities.

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.

Chapter VI

COMMENDATION AND HANDLING OF VIOLATIONS

Article 50.- Organizations, households and individuals that record achievements in activities of ensuring food hygiene and safety or record merits in detecting violations of the legislation on food hygiene and safety shall be commended and/or rewarded according to law provisions.

Article 51.- Organizations and individuals that produce and trade in food and commit acts of violating the provisions of this Ordinance or other law provisions on food hygiene and safety shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability; if causing damage, pay compensations therefor according to law provisions.

Article 52.- Those who abuse their positions and powers to violate the provisions of this Ordinance or other law provisions on food hygiene and safety shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, pay compensations therefor according to law provisions.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 53.- This Ordinance shall take implementation effect as from November 1, 2003.

The previous regulations contrary to this Ordinance are hereby all annulled.

Article 54.- The Government shall detail and guide the implementation of this Ordinance.