Circular No. 05/2013/TT-BNNPTNT amending and supplementing certain articles of Circular No. 13/2011/TT-BNNPTNT guiding the inspection of food safety for imported plant-based goods.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 13/2011/TT-BNNPTNT dated March 16, 2011 guiding the inspection of food safety for imported plant-based goods

guiding the inspection of food safety for imported plant-based goods

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Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government;

Pursuant to the Food Safety Law No. 55/2010/QH12 adopted by the National Assembly on June 17, 2010;

Pursuant to the Government Decree No. 38/2012/NĐ-CP dated April 25, 2012 detailing certain provisions of the Food Safety Law;is an organization with legal personality designated by the Ministry of Industry and Trade to conduct one or more testing and conformity assessment activities with technical standards and corresponding standards for food, food additives, food processing aids, food supplements, packaging materials, food containers.

At the proposal of the Director of the Directorate of Quality Assurance of Forestry and Aquatic Products and the Director of the Plant Protection Department,

The Minister of Agriculture and Rural Development issues this Circular amending and supplementing certain Articles of Circular No. 13/2011/TT-BNNPTNT dated March 16, 2011 guiding the inspection of food safety for imported plant-based goods.

Article 1. Amending and supplementing certain Articles of Circular No. 13/2011/TT-BNNPTNT dated March 16, 2011 guiding the inspection of food safety for imported plant-based goods as follows:

1. Amending Clause 2, Article 1 as follows:

"2. Goods within the scope of this Circular according to the provisions of Clause 3, Article 14 and Clause 3, Article 21 of Decree No. 38/2012/NĐ-CP dated April 25, 2012 of the Government detailing some provisions of the Food Safety Law (hereinafter referred to as Decree No. 38/2012/NĐ-CP) and guiding documents implementing Decree No. 38/2012/NĐ-CP."

2. Supplementing Clause 6 to Article 3 as follows:

"6. Goods are samples for exhibition at trade fairs or exhibitions."

3. Amending Point a, Point b, Clause 1, Article 5 as follows:

"a) Produced in a country recognized by the competent authority of Vietnam as meeting all requirements for ensuring food safety for goods according to Vietnamese regulations, except for imported goods used as raw materials for processing and exporting; b) Packed or contained in suitable means; labeled in accordance with current laws on labeling of goods."

4. Amending and supplementing the beginning of Article 10 as follows:

"The competent authority for food safety for plant-based goods of the exporting country (hereinafter referred to as the Competent Authority of the Exporting Country) shall submit registration files in English or Vietnamese to the Directorate of Quality Assurance of Agricultural Products and Aquatic Products."

5. Supplementing Clause 3, Article 14 as follows:

"3. Reduced inspection: Applied according to the provisions of Clause 2, Article 39 of the Food Safety Law and Article 15 of Decree No. 38/2012/NĐ-CP. The method of inspection, sampling, and testing of the inspected consignment shall be carried out in accordance with international agreements that Vietnam has signed or joined regarding mutual recognition of food safety certification activities."

6. Amending Clause 4, Article 27 as follows:

"4. Annually, the plan, budget estimate, and final account for funding (provided by the state budget) for the implementation of food safety inspections for exporting countries and imported goods according to the division of responsibilities for contents not subject to fees or charges shall be consolidated into the annual budget estimate and final account of the Ministry of Agriculture and Rural Development in accordance with the State Budget Law and current guiding documents."

7. Amending Clause 5, Article 28 as follows:

"5. Annually, the plan, budget estimate, and final account for funding (provided by the state budget) for the implementation of food safety inspections for imported goods according to the division of responsibilities for contents not subject to fees or charges shall be consolidated into the annual budget estimate and final account of the Ministry of Agriculture and Rural Development in accordance with the State Budget Law and current guiding documents."

Article 2. Effective Date

1. This Circular takes effect from July 1, 2013.

2. Abolishing Appendix 1 List of Goods within the Scope of this Circular issued together with Circular No. 13/2011/TT-BNNPTNT dated March 16, 2011 of the Ministry of Agriculture and Rural Development.

Article 3. Responsibility for Implementation

The Director of the Office of the Ministry, the Director of the Directorate of Quality Assurance of Agricultural Products and Aquatic Products, the Director of the Plant Protection Department, the Heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Circular.