Thông tư 28/2013/TT-BCT an toàn thực phẩm với thực phẩm nhập khẩu

 THE MINISTRY OF INDUSTRY AND TRADE

Circular No.28/2013/TT-BCT of November 6, 2013, providing for State Inspection of foodstuff safety for imported foodstuff under the management responsibility of the Ministry of Industry and Trade

Pursuant to the Decree No. 95/2012/ND-CP dated November 12, 2012, on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to Law on foodstuff safety No. 55/2010/QH12 dated July 17, 2010;

Pursuant to the Government’s Decree No. 38/2012/ND-CP dated April 25, 2012, detailing implementation of a number of Articles of Law on foodstuff safety;

The Minister of Industry and Trade promulgates Circular providing for state inspection of foodstuff safety for imported foodstuff under the management responsibility of the Ministry of Industry and Trade

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular stipulated methods, content, process of, procedures for inspection and organization of state inspection of foodstuff safety for import products and goods, including: Alcohols, beers, beverages, processed milk, vegetable oil, products processed from powder, starch, cakes, jam, candies and packing containing the above products (hereinafter collectively referred to as foodstuff products).

2. The following cases will be exempted from state inspection of foodstuff safety for imported foodstuff:

a) Foodstuff carried together with the entry persons for individual consumption in the quotas eligible for import tax exemption;

b) Foodstuff in diplomatic bags, consular bags;

c) Foodstuff of transit, border-gate transfer;

d) Foodstuff sent into bonded warehouses;

dd) Foodstuff being trial or research samples;

e) Foodstuff being models displayed in fairs, exhibitions.

Article 2. Subjects of application

This Circular applies to organizations and individuals related to import operation of foodstuff products defined in Clause 1 Article 1 of this Circular on Vietnam’s territory. 

Article 3. Interpretation of terms

1. Lot of foodstuff products is a defined volume of a type of product with the same name, quality, raw materials, expiry date and produces at the same facility (hereinafter abbreviated to product lot).

2.Lot of import goods:Being a quantity of import goods registered for inspection once.

3.Lot of inspection goods:Being a quantity of goods of a same kind, of a production facility already registered for inspection at once.

4.Violation of regulations on foodstuff safety:Goods being detected to contain factors cause harm to human health and life.

5.Frequency of taking samples from goods lot:Being number of times to take samples to test for goods lots inspected upon import.

6.Goods owner:Being organizations or individuals owning legally imported goods.

Article 4. Requirements for imported foodstuff

Foodstuff products defined in Clause 1 Article 1 of this Circular are only allowed circulating, consuming in Vietnamese market after state inspection agencies have issued one of the following papers:

a) Notification of foodstuff of satisfaction of import requirements;

b) Notification of foodstuff only inspected dossier.

Chapter II

METHODS OF INSPECTION

Article 5. METHOD OF STRICT INSPECTION

1. Strict inspection means taking probability samples or taking at doubtful points (sufficient minimum quantity of samples) so as to test, assess all sides of foodstuff safety for all lots of products of a same goods lot under one of the following cases:

a) Foodstuff imported from a overseas processing facility and the inspection agencies have been notified or informed that it located in zone with polluted source or dangerous epidemicpathogensmay infect to people;  

b) The previous import failed to meet the import requirements;

c) The Ministry of Industry and Trade has issue a written request for application of strict inspection method because products circulated on market are detected to have risk of causing harm to human health and life.

2. In cases defined in Clause 1 of this Article, the goods owners must self-preserve goods (at border gates, place of gathering goods or preservation warehouses) and such goods only permitted customs clearance after the inspection agency has issued a notification of foodstuff satisfying the import requirements.

3. Case of testing samples of two (02) goods lot inspected constantly

with result of meeting the import requirements, the next goods lot of the same kind, same origin will be applied to method of normal inspection defined in Article 6 of this Circular.

Article 6. Method of normal inspection

Normal inspection means taking probability samples (random) sufficiently for organoleptic inspection and testing some targets showing quality, foodstuff safety for goods lot not belong to cases defined in Clause 1 Article 5, Article 7 and Article 8 of this Circular.

Article 7. Method of simplified inspection

Simplified inspection means method of only taking representative samples to inspect labeling, uniformity of the imported goods lot (about origin, lot number) without testing samples to compare with dossiers for one of the following cases:

1. Foodstuff affixed seal of technical-regulation conformity.

2. Foodstuff of a same kind, same origin, and with a stable quality through at least twice consecutive  inspections or already certified in writing about eligibility for the simplified inspection by the Ministry of Industry and Trade.

3. Foodstuff of a same kind, same origin as the offering sample already tested and satisfied the import requirements.

4. Foodstuff of a same kind, same origin and already inspected before import or with an analysis result report of third party at production country which has been certified by competent agencies of countries signed International treaties with Vietnam involving mutual recognition for activities of foodstuff safety certification.

5. Foodstuff under List of goods certified of bearing seal of standard conformity of export country or the regional common market block which is recognized and announced by Vietnamese competent agencies according to each period.

Article 8. Method of simplified inspection by only inspecting dossier

The simplified inspection by only inspecting dossier means only receipt and inspection of dossier registering for inspection, not taking samples of  products. Goods lots under case of only inspecting dossier may be inspected irregularly by other methods if they have signs of violations of regulations of Vietnamese law on quality and foodstuff safety.

For foodstuff products under this inspection method, application of normal inspection method or simplified inspection will be performed once for number of import times within one (01) year of a same goods kind by an import owner and applicable to foodstuffs under one of the following cases:

1. The import foodstuff already certified the satisfaction of foodstuff safety requirements by competent agencies of countries signed International treaties of mutual recognition with Vietnam in activities of foodstuff safety certification.

2. Foodstuff of the production and business organizations or individuals already certified by competent agencies in Vietnam or export countries that it has system of foodstuff safety management in conformity with Vietnamese standards or foreign standards, international standards permitted to apply in Vietnam.

3. Goods lots of a same kind, same origin with those already inspected five (05) previous times and satisfied the import requirements.

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.

Chapter IV

DUTIES AND POWERS

Article 16. Duties of inspection agencies

1. To save foodstuff samples in accordance with regulations for each kind of foodstuff for re-test as required. Pass the above time limit, the inspection agencies will notify the goods owner to receive back samples or make record of sample liquidation in accordance with regulations.

2. To strictly observe regulations on process and principles in inspection and testing.

3. To receive and settle complaints of the goods owners in respect to inspection and confirmation of goods lots satisfying the import requirements which are conducted by them within five (05) working days after receiving complaints in writing of the goods owners. To bear responsibility for errors during the course of inspection and confirmation, if cause damage to the goods owners, the inspection agencies must pay compensation in accordance with current regulations.

4. To keep dossiers of inspection within three (03) years from the day of issuing notification of inspection result and to produce the archived dossier at the request of competent agencies.

5. To send report to the Ministry of Industry and Trade and propose list of foodstuffs which need to be considered to conduct inspection under the simplified method, only inspection on dossier.

6. To report to the Ministry of Industry and Trade in cases:

a) Changing, supplementing head office;

b) Temporarily stopping or terminating operation.

7. To notify customs agencies at border gates about result of inspection, in case where the goods owners have registered for inspection but failed to produce the goods lot for inspection or result of inspection failed to satisfy the import requirements.

8. To issue the confirmation of inspection registration with content “The goods lot pending the inspection result” and notify customs agencies at border gates to only conduct the customs clearance after having had inspection result in the following cases:

a) There are objective evidences that the import goods lot applying for inspection registration fail to satisfy requirements prescribed on foodstuff safety;

b) Detecting that the goods lot of the same kind and already imported before that of the same goods owner fails to satisfy requirements prescribed on foodstuff safety;

c) Goods under method of strict inspection defined in Clause 1 Article 5 of this Circular.

9. To supervise the handling of goods lot which fail to satisfy import requirements and/or suggest the local competent health agencies to coordinate in supervision over handling of goods lot which fail to satisfy import requirements in their localities.

Article 17. Powers of inspection agencies

1. To request the goods owners for providing relevant documents as prescribed in Article 9 of this Circular.

2. To be entitled to go out and in places of goods preservation and storage or allow enterprises to present whole product batch at the inspection agencies so as to conduct inspection and collection of samples.

3. To inspect foodstuff according to methods and procedures prescribed in this Circular; to take initiative in 05 (five) times of inspection to apply only (02) twice of method of normal inspection.

Article 18. Responsibilities of import goods owners

1. Before doing the customs procedures, the goods owners must submit dossier of registering for state inspection about foodstuff safety with inspection agencies as prescribed in Article 10 of this Circular, pay the inspection charges and fees in accordance with regulations.

2. As soon as the goods lot is allowed to gather in warehouse eligible for preservation, the goods owners must take initiative in producing all dossiers of registering for inspection as prescribed for inspection agencies to conduct state inspection about foodstuff safety.

3. To be allowed putting the import foodstuff into use and circulation only after the state inspection agencies of foodstuff safety issued the notification of foodstuff of satisfaction of import requirements or notification of foodstuff of only inspection on dossier in accordance with regulations.

4. To take responsibility for preservation of goods inspected during time of waiting for inspection conclusion of the inspection agencies or decision of competent agencies for case of goods lot which has conclusion of failing to satisfy import requirements in accordance with regulations.

5. To take responsibility for paying all rational cost to agencies supervising the handling of goods lots failing to satisfy the import requirements, including costs for staff of the supervision agencies. 

6. To be handled as prescribed by law for violations of regulations in this Circular. 

Article 19. Powers of import goods owners

1. To provide evidences in writing and suggest the agencies inspecting the import goods lot to re-consider result of inspection or re-inspect within ten (10) days, after receiving notification of foodstuff failing to satisfy the import requirements. After being accepted by the inspection agencies:

a) If the result of re-inspection is contrary to the initial inspection result, the goods owner must not pay costs for re-inspection;

b) If the result of re-inspection is suitable with the initial inspection result, the goods owner must bear the costs for re-inspection;

2. To prove with the inspection agencies and the Ministry of Industry and Trade about results of analyzing samples already certified, tested at laboratory satisfying the standards and regulations of international organizations or export countries where allow circulation about limitation of polluted substances allowed using in foodstuff.

3. To suggest the Ministry of Industry and Trade about one of measures to handle goods lots failing to satisfy the import requirements as prescribed in Clause 8 of this Article.  The handling measures put out must be detailed and conformable with regulations of law.

4. To make complaints and denunciation as prescribed by law on complaints, denunciation.

5. To suggest the Ministry of Industry and Trade to allow goods lots to be applied methods of simplified inspection after consecutive twice (2) of being issued notification of foodstuff satisfying the import requirements in case where the goods lot is eligible as prescribed in Article 7 or be applied method of only inspection on dossier in case where the goods lot is eligible as prescribed in Article 8 of this Circular.

6. To suggest the Ministry of Industry and Trade to allow conducting state inspection of foodstuff safety at an inspection agency of which head office is located near place of regularly gathering the goods lots.

7. To suggest the re-inspection or prove that the goods lot has satisfied requirements of foodstuff safety in case there are analysis results of at least two (02) other inspection agencies already appointed or recognized by the Ministry of Industry and Trade which are conformable with basis to compare the inspection result as prescribed in Article 13 of this Circular.

8. To propose with the Ministry of Industry and Trade about one of measures of handling as follows:

a) Reprocess of products: The goods owners must report measures to reprocess, address of reprocess to the inspection agencies and only conduct reprocess of products after having the consent in writing of state inspection agencies.  After reprocessing, the goods owners may suggest the inspection agencies to inspect the reprocessed goods lot, so as to decide on handling in the following cases:

- If the foodstuff lot satisfies the import requirements and/or must repair content of labeling, if product quality is not proper as announced on the label, the inspection agencies must report to the Ministry of Industry and Trade for consideration and decision on issuing notification of foodstuff satisfying the import requirements;

- In case where the goods lot still fails to satisfy the import requirements, the inspection agencies will notify the goods owner and suggest the Ministry of Industry and Trade to appoint an agency to supervise the destruction of the goods lot of the goods owners or change not using as foodstuff in accordance with regulations.

b) Change not use as foodstuff after modifying content of label;

c) Re-export: The goods owner must file re-export documents to inspection agencies for completing dossier;

d) Destruction: The goods owners must contract with agencies with mission of handling by destruction and have record to certify that foodstuff has been destroyed made by agencies of environmental management where supervise destruction about time, location, method and content of such destruction.

Article 20. Organization of implementation

1. The Department of Science and Technology (under the Ministry of Industry and Trade) shall:

a) To inspect, sum up reports on situation of implementation of this Circular nationwide;

b) To decide on the handling measures for import goods lots failing to satisfy requirements on foodstuff safety;

c) To decide on inspection methods for the import goods lots: Simplified inspection, only inspection on dossier on the basis of proposals of the inspection agencies or suggestions of the goods owners;

d) To appoint and announce on website of the Ministry of Industry and Trade about the inspection agencies conducting the state inspection on foodstuff safety for the import foodstuff under the management responsibility of the Ministry of Industry and Trade;

d) Periodically, conduct inspection on specialized capability of the inspection agencies; decide on temporary suspension, expansion or limitation of conducting mission of state inspection on foodstuff safety for the import foodstuff under the management responsibility of the Ministry of Industry and Trade, of the  inspection agencies already appointed by the Ministry of Industry and Trade;

e) To receive and propose the Ministry of Industry and Trade for plan to settle comments of goods owners, inspection agencies as prescribed by law.

2. The inspection agencies as appointed by the Ministry of Industry and Trade shall organize implementation of state inspection on foodstuff safety for the import foodstuff under the management responsibility of the Ministry of Industry and Trade as prescribed in this Circular.

Chapter V

PROVISIONS OF IMPLEMENTATION

Article 21. Effect

1. This Circular takes effect on December 20, 2013.

2. In the course of implementation, if there is any arising problem, agencies, organizations and individuals defined in Article 2 of this Circular should report timely to the Ministry of Industry and Trade for consideration and settlement.

For the Minister of Industry and Trade

Deputy Minister

Nguyen Cam Tu

(The enclosed annexes are not translated into English herein.)