Ordinance No. 12/2003/PL-UBTVQH11 on Food Safety

ORDINANCE

Food Safety and Hygiene

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To protect human lives and health, maintain and develop the race, enhance the effectiveness of state management of food safety and hygiene;

Based on the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, Tenth Session;

Based on Resolution No. 12/2002/QH11 dated December 16, 2002 of the National Assembly, Eleventh Session, second meeting, regarding the legislative program of the National Assembly for the 2002-2007 term and 2003;

This Ordinance regulates food safety and hygiene;

Chapter 1:

GENERAL PROVISIONS

Article 1. This Ordinance stipulates the assurance of food safety and hygiene during the production and business of food; prevention and remediation of food poisoning and foodborne diseases.

Article 2. Organizations, households, individuals of Vietnam, organizations, and foreign individuals producing and trading food within the territory of Vietnam must comply with the provisions of this Ordinance and other relevant laws. In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions from those of this Ordinance, such treaties shall be applied.

Article 3. In this Ordinance, the following terms are understood as follows:

1. Food means products that humans consume in fresh, raw, or processed and preserved forms.

2. Food Safety and Hygiene refers to necessary conditions and measures to ensure that food does not harm human health or life.

3. Production and business of food Food production and trade

4. Cơ (i) Name, headquarters address, contact phone number of the parties signing the contract; refers to the implementation of one, several, or all activities of cultivation, breeding, harvesting, fishing, preliminary processing, processing, packaging, preservation, transportation, and sale of food.processing food Food processing enterprise

5. includes enterprises, households, collective kitchens, restaurants, and other food processing establishments. Food poisoning

6. refers to pathological conditions arising from consuming or drinking food containing toxic substances. Foodborne disease

7. Food additive is a substance with or without nutritional value added to the composition of food during processing, handling, packaging, and transportation of food to maintain or improve certain characteristics of the food.

8. Processing aid assistance food is a substance used in the processing of food ingredients or components to perfect the technology of food processing. food 9. Micronutrient

is a vitamin or mineral with low content necessary for growth, development, and maintenance of life in the human body. 10. Functional food

is food used to support the activity of various parts of the body, having nutritional effects, creating a comfortable state for the body, and reducing the risk of disease. 11. High-risk food

is food with a high likelihood of being invaded by biological, chemical, or physical agents affecting consumer health. subject, organization, unit under the People's Committee of the commune level the effectiveness and efficiency of implementing policies and laws on fire prevention and fighting. is food that has a high likelihood of being invaded by biological, chemical, and physical agents, affecting the health of consumers.

12. Irradiated food is food that has been irradiated using radioactive sources to preserve it and prevent its deterioration.

13. Gene is a segment on a chromosome molecule that plays a role in determining the genetic characteristics of organisms.

14. Genetically modified food is food derived from organisms whose genes have been modified using genetic technology.

Article 4.

1. Trading in food is conditional business.

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

Article 5.

1. The State has policies and measures to ensure food safety and hygiene to protect human lives and health.

2. The State encourages organizations, households, and individuals of Vietnam, and organizations and foreign individuals producing and trading food within the territory of Vietnam to apply advanced quality management systems to ensure food safety and hygiene.

3. The State creates conditions for expanding international cooperation in the field of ensuring food safety and hygiene.

Article 6. The Vietnam Fatherland Front and member organizations within their respective duties and powers have the responsibility to promote awareness and mobilize the people to implement and supervise the enforcement of laws on food safety and hygiene.

Article 7. Consumers have the right to information about food safety and hygiene, to choose and use appropriate food; have the responsibility to implement food safety and hygiene, to self-protect themselves in food consumption, to fully comply with food safety and hygiene guidelines; voluntarily report food poisoning and foodborne diseases; lodge complaints, denunciations, and discoveries of violations of laws on food safety and hygiene to protect their own and community health.

Article 8. Strictly prohibit the following acts:

1. Cultivation, breeding, harvesting, fishing, preliminary processing, processing, packaging, preservation, transportation, and sale of food contrary to the provisions of the law;

2. Production and trade:

a) Spoiled, rotten, deteriorated, contaminated food that may harm human lives and health;

b) Food containing toxic substances or contaminated with toxic substances;

c) Food containing parasites, pathogenic microorganisms, or microorganisms exceeding the prescribed limits;

d) Meat or meat products not inspected by veterinary services or failing inspection requirements;

đ) Livestock, poultry, aquatic animals that died due to disease, poisoning, or unknown causes; products made from livestock, poultry, aquatic animals that died due to disease, poisoning, or unknown causes;

e) Food contaminated due to unclean packaging or containers, broken or torn during transportation;

g) Expired food;

3. Production and trade of animals and plants containing pathogens that can be transmitted to humans, animals, or plants;

4. Production and trade of food from non-food materials or chemicals not listed in the permitted use list;

5. Production and trade of food additives, processing aids, micronutrients, functional foods, high-risk foods, irradiated foods, genetically modified foods without permission from competent state management agencies;

6. Using contaminated vehicles or vehicles previously used to transport hazardous substances to transport food;

7. Providing false or misleading information, advertising, labeling goods, or engaging in other deceptive acts concerning food safety and hygiene.

Chapter 2:

PRODUCTION AND DISTRIBUTION OF FOOD

SECTION 1. PRODUCTION AND DISTRIBUTION OF RAW AND LIVE FOODS

Article 9. Organizations, households, and individuals producing and distributing raw and live foods must ensure that the places for breeding, growing, and selling food are not contaminated by the surrounding environment and must be isolated from areas that could cause environmental pollution and contaminate food.

Article 10Organizations, households, and individuals producing and distributing raw and live foods must implement measures to handle waste in accordance with laws on environmental protection.

Article 11. The use of fertilizers, animal feed, plant protection chemicals, veterinary drugs, food preservatives, growth promoters, weight gainers, maturation agents, and other substances related to food hygiene and safety must comply with legal regulations.

Article 12. Organizations, households, and individuals producing and distributing raw and live foods have the responsibility to:

1. Ensure that the food they produce and distribute is not contaminated and is stored in clean locations, isolated from chemical storage areas, especially those containing hazardous chemicals and other sources of disease;

2. Be responsible for the origin of the food they produce and distribute.

SECTION 2. PROCESSING OF FOOD

Article 13.

1. The location for processing food by organizations, households, and individuals must be situated in an area with sufficient conditions to ensure food hygiene and safety.

2. The location for processing food must be designed, constructed, installed, and operated to meet requirements for food hygiene and safety.

Article 14.

1. The use of raw materials for food processing must comply with legal regulations on hygiene and safety.

2. Food processing establishments must take all measures to prevent food from being contaminated by pathogens that can be transmitted to humans, animals, or plants.

3. Food processing establishments must ensure that the processing procedures comply with legal regulations on food hygiene and safety.

Article 15.

1. Food processing establishments may only use food additives, processing aids, and micronutrients listed in the permitted list and within the prescribed quantities and limits.

2. The Ministry of Health shall specify the list of food additives, processing aids, and micronutrients permitted for use and their permitted quantities and limits.

Article 16. Organizations, households, and individuals engaged in food processing have the responsibility to:

1. Use equipment and utensils that come into direct contact with food made from materials meeting food hygiene and safety requirements;

2. Use containers, packaging, utensils, and equipment that meet hygiene and safety requirements and do not contaminate food;

3. Use water for food processing that meets specified standards;

4. Use cleaning agents, disinfectants, and decontaminants that are safe and do not adversely affect human health or the environment.

SECTION 3. STORAGE AND TRANSPORTATION OF FOOD

Article 17.

1. Food packaging must meet food hygiene and safety requirements, protect food from contamination, maintain food quality during storage and use, and facilitate labeling.

2. Direct contact food packaging must be tested and inspected for food hygiene and safety.

Article 18.

1. Organizations, households, and individuals producing and distributing food must apply appropriate food storage methods to ensure that food does not spoil, change in quality, retain its taste, and does not increase contaminants in food.

2. State management agencies for food hygiene and safety shall guide food storage methods, specify preservative quantities, and storage times for each type of food.

Article 19.

1. Food preserved by irradiation circulating in Vietnam must be labeled in Vietnamese as "irradiated food" or with the international symbol and must be approved for circulation by the competent state management agency for food hygiene and safety.

2. Organizations, households, and individuals may only sell irradiated food listed in the irradiated food list and within the prescribed irradiation dose according to the law: The Ministry of Health shall specify the list of irradiated food.

Article 20.

1. Food with genetically modified genes or ingredients with genetically modified genes must be labeled in Vietnamese as "genetically modified food."

2. The Government shall specify the detailed management and use of genetically modified food.

Article 21. Organizations, households, and individuals engaged in food transportation must store food and its components so that they are not contaminated by biological, chemical, or physical factors not allowed in food, maintaining food quality and safety until reaching consumers.

Article 22. Transportation means used for food must meet the following conditions:

1. Made from materials that do not contaminate food or food packaging;

2. Easily cleaned;

3. Easily distinguish different types of food;

4. Resistant to contamination, including smoke, dust, and cross-contamination between foods;

5. Maintain and control conditions ensuring food hygiene and safety during transportation.

SECTION 4. IMPORT AND EXPORT OF FOOD

Article 23. Organizations, households, individuals importing and exporting food, food additives, food processing aids, nutritional supplements, functional foods, high-risk foods, irradiated foods, genetically modified foods shall be responsible for food safety and hygiene of the imported and exported products; when importing, they must comply with Vietnamese laws; when exporting, they must comply with this Ordinance and the laws of the importing country.

Article 24.

1. Organizations, households, individuals importing and exporting food must have a certificate confirming that they meet the requirements for food safety and hygiene issued by competent state authorities.

2. State agencies responsible for inspecting imported and exported food safety and hygiene shall be liable under the law for the results of their inspections.

The Government shall stipulate the procedures for inspecting imported and exported food safety and hygiene.

Article 25.

1. Imported and exported food confirmed to meet food safety and hygiene requirements by authorized organizations of countries that have mutual recognition agreements with Vietnam in quality certification activities, or recognition of quality management systems may be subject to inspection if there are signs of violation of Vietnamese laws on food safety and hygiene.

2. Imported and exported food certified to meet standards, food produced and traded by organizations and individuals certified to have a food safety and hygiene management system in compliance with Vietnamese standards or foreign standards, international standards applied in Vietnam may be exempted from some food safety and hygiene inspections.

Article 26.

1. Imported food not meeting food safety and hygiene requirements may be recalled, recycled, repurposed, destroyed, or re-exported according to the decision of the competent state authority; organizations, households, individuals must bear all costs for handling the imported food that does not meet requirements.

2. Exported food not meeting food safety and hygiene requirements may be recycled, repurposed, or destroyed according to the decision of the competent state authority; organizations, households, individuals must bear all costs for handling the exported food that does not meet requirements.

Article 27. Food carried by persons entering, exiting, or transiting through Vietnam for personal consumption; food provided for staff and passengers on transportation vehicles entering, exiting, or transiting through Vietnam; food that is goods transiting through Vietnam must comply with food safety and hygiene requirements as stipulated in this Ordinance and other relevant laws.

SECTION 5. CONDITIONS FOR PRODUCTION AND TRADE IN FOOD

Article 28.

1. Organizations, households, individuals producing and trading in food must comply with food safety and hygiene conditions as prescribed in Sections 1, 2, 3, and 4 of this Chapter.

2. Organizations, households, individuals producing and trading in high-risk foods must be granted a certificate confirming compliance with food safety and hygiene conditions by the competent state authority.

The Government shall stipulate the list of high-risk foods, the authority, and the procedures for issuing certificates confirming compliance with food safety and hygiene conditions.

Article 29.

1. Persons directly involved in the production and trade of food must meet health standards, not suffer from infectious diseases, and possess knowledge about food safety and hygiene.

2. The Ministry of Health shall stipulate health standards and knowledge requirements about food safety and hygiene for persons directly involved in the production and trade of food, appropriate to each industry and profession.

Article 30.

1. Organizations, households, individuals producing and trading in food are responsible for ensuring that persons directly involved in the production and trade at their premises meet health standards as prescribed by law.

2. The Ministry of Health shall stipulate the procedures for health checks for workers at food production and trading establishments.

PART 6. ANNOUNCEMENT OF FOOD SAFETY STANDARDS

Article 31. Organizations, households, and individuals are only permitted to produce and trade food that meets food safety standards.

Article 32. State agencies with authority shall issue food safety standards, testing methods, and regulations on food safety management for food, food additives, food processing aids, nutritional supplements, functional foods, high-risk foods, irradiated foods, genetically modified foods, packaging materials, and equipment used in food production and trading. FOR for packaging food, tools, and equipment used in the production and business of food.

Article 33.

1. Organizations and individuals engaged in food production and trading who have business registration must announce their application of Vietnamese Standards or industry standards in accordance with the law; in cases where they announce their own standards, such standards must not be lower than industry standards or Vietnamese Standards.

2. Organizations and individuals engaged in food production and trading who have business registration must comply strictly with the standards they have announced and the food safety regulations issued by state agencies with authority; they must regularly inspect and take responsibility for the food safety of the food they produce and trade.

3. Organizations, households, and individuals engaged in food production and trading without business registration must comply with all legal provisions regarding food safety and take responsibility for the food safety of the food they produce and trade.

PART 7. FOOD ADVERTISING AND LABELING

Article 34.

1. Advertising related to food, food additives, food processing aids, nutritional supplements, functional foods, high-risk foods,

irradiated foods, genetically modified foods, and issues related to food must be conducted in accordance with advertising laws. Advertisers must be responsible for the content of their advertisements.

2. The content of advertisements related to food, food additives, food processing aids, nutritional supplements, functional foods, high-risk foods, irradiated foods, genetically modified foods, and issues related to food must be truthful, accurate, clear, and not cause harm to producers, traders, or consumers.

Article 35.

1. Pre-packaged food must bear food labels that fully, accurately, clearly, and truthfully indicate the food ingredients and other contents as prescribed by law; it is prohibited to indicate on the label that the food has the effect of replacing medicinal treatment.

2. Organizations and individuals engaged in pre-packaged food production and trading within Vietnam must affix food labels before releasing the food from the factory.

3. Food labels must include the following basic information:

a) Name of the food;

b) Name and address of the food production facility;

c) Quantity of the food;

d) Composition of the food;

đ) Main quality indicators of the food;

e) Production date, expiration date, storage period of the food;

g) Storage instructions, usage instructions for the food;

h) Origin of the food.

Chapter 3:

PREVENTION AND REMEDY OF FOOD POISONING AND FOOD-BORNE DISEASES

Article 36. Measures to prevent food poisoning and food-borne diseases include:

1. Ensuring hygiene and safety during food production, trading, and consumption;

2. Educating, promoting, and disseminating knowledge and practices on food safety for producers, traders, and consumers;

3. Inspecting and supervising food safety in food production and trading;

4. Analyzing food contamination risks;

5. Investigating, surveying, and storing data on food safety;

6. Retaining food samples in accordance with the law.

Article 37.

Measures to remedy food poisoning and food-borne diseases include:

a) Promptly identifying and organizing treatment for those suffering from food poisoning and food-borne diseases;

b) Halting the production, trading, and use of contaminated food;

c) Recalling contaminated food that has been produced and is circulating in the market;

d) Promptly informing consumers about the situation of food poisoning or food-borne diseases and contaminated food circulating in the market;

đ) Promptly investigating and determining the causes of food poisoning or food-borne diseases;

e) Implementing measures to prevent the spread of disease caused by food poisoning or food-borne diseases.

2. The Government assigns specific responsibilities to ministries, ministerial-level agencies, and government agencies in preventing and remedying food poisoning and food-borne diseases.

Article 38.

1. Organizations, households, and individuals engaged in food production, trading, and use have the responsibility to proactively prevent and promptly remedy food poisoning and food-borne diseases.

2. Organizations, households, and individuals engaged in food production, trading, and use causing food poisoning or food-borne diseases must immediately apply remedial measures and report to the local People's Committee or the nearest food safety regulatory agency, and bear all costs for remedying food poisoning or food-borne diseases as prescribed by law.

Article 39. Organizations and individuals discovering signs of food poisoning or food-borne diseases have the responsibility to promptly inform healthcare facilities or the nearest local People's Committee to take timely preventive and remedial measures.

Article 40. Local People's Committees at all levels are responsible for implementing measures to prevent food poisoning or food-borne diseases in their locality; in case of food poisoning or food-borne diseases occurring, they must immediately implement necessary measures to remedy consequences, prevent spread, and report to higher-level state agencies and competent food safety regulatory agencies, and inform the People's Committee of areas potentially affected by spread.

The People's Committee at the locality where there is a possibility of food poisoning or foodborne disease transmission shall be responsible for informing the local population to take preventive measures and implement cooperative actions to mitigate consequences and prevent further spread.

Article 41.

1\. In cases where the People's Committee at the locality where food poisoning or foodborne disease occurs lacks the capacity to mitigate consequences and prevent further spread, it must request assistance from the higher-level state administrative agency or the competent state management agency for food safety and hygiene to resolve the issue or provide support.

2\. In cases where foodborne diseases create dangerous epidemics spreading widely, seriously threatening human lives and health, emergency laws must be implemented.

Chapter 4:

STATE MANAGEMENT OF FOOD SAFETY AND HYGIENE

Article 42. The content of state management of food safety and hygiene includes:

1\. Developing and implementing strategies, policies, planning, and plans on food safety and hygiene;

2\. Issuing and implementing regulatory legal documents on food safety and hygiene, regulations, and standards on food safety and hygiene;

3\. Developing and implementing plans to prevent and mitigate food poisoning and foodborne diseases;

4\. Managing the testing and inspection system for food safety and hygiene;

5\. Managing the publication of food safety and hygiene standards and certification of compliance with food safety and hygiene conditions;

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

7\. Training and enhancing professional skills in food safety and hygiene;

8\. Organizing information dissemination, propaganda, and popularization of knowledge and laws on food safety and hygiene;

9\. International cooperation in food safety and hygiene;

10\. Inspecting, supervising, resolving complaints and denunciations, and handling violations of laws on food safety and hygiene.

Article 43.

1\. The Government shall uniformly manage state affairs concerning food safety and hygiene.

2\. The Ministry of Health shall be responsible before the Government for managing state affairs concerning food safety and hygiene.

3\. Ministries and sectors within their respective duties and authorities shall have the responsibility to coordinate with the Ministry of Health to manage state affairs concerning food safety and hygiene in their assigned fields according to the following principles:

a\. State management of food safety and hygiene during production shall be carried out by the relevant ministries and sectors in charge, in coordination with the Ministry of Health and related ministries and sectors;

b\. State management of food safety and hygiene during circulation shall be led by the Ministry of Health, in coordination with related ministries and sectors.

4\. People's Committees at all levels within their respective duties and authorities shall manage state affairs concerning food safety and hygiene at the local level.

Chapter 5:

INSPECTION AND SUPERVISION OF FOOD SAFETY AND HYGIENE

Article 44.

Within their respective duties and authorities, state management agencies for food safety and hygiene shall be responsible for inspecting the implementation of legal provisions on food safety and hygiene.

2\. The Government shall specify detailed regulations on food safety and hygiene inspections during production and business operations.

Article 45.

1\. Food safety and hygiene supervision shall be conducted by specialized inspection agencies for food safety and hygiene.

2\. The organization and operation of specialized inspection agencies for food safety and hygiene shall be regulated by the Government.

Article 46. Specialized inspection agencies for food safety and hygiene shall have the following responsibilities:

1\. Supervising the compliance of organizations and individuals engaged in food production and business with legal provisions on food safety and hygiene;

2\. Supervising the implementation of food safety and hygiene standards; verifying, concluding, and recommending competent authorities to handle violations of food safety and hygiene laws;

3\. Proposing and participating in the development of regulatory legal documents on food safety and hygiene.

Article 47. During the inspection process, the inspection team or inspector shall have the following rights and responsibilities:

1\. Requesting organizations and individuals related to provide information, materials, and answer questions necessary for the inspection work; requesting inspected entities to provide documents and reports related to the inspection content; if necessary, taking samples for testing, sealing related documents and evidence, recording violations of food safety and hygiene according to legal provisions;

2\. Requesting appraisals and conclusions on issues necessary for the inspection work;

3\. Suspending actions violating food safety and hygiene regulations that cause or pose a risk of causing harm to human life and health, and other actions causing damage to national interests, legitimate rights and interests of organizations and individuals;

4\. Handling violations of food safety and hygiene laws within their authority or recommending competent state agencies to handle such violations according to legal provisions;

5\. Being accountable under the law for their inspection conclusions, handling measures, or decisions;

6\. Other rights and responsibilities as prescribed by law.

Article 48.

1\. Organizations, households, and individuals engaged in food production and business shall be responsible for providing conditions for inspection teams and inspectors to perform their food safety and hygiene inspection tasks;

2\. Organizations, households, and individuals subject to inspection must comply with the decisions of the inspection team or inspector regarding food safety and hygiene.

Article 49.

1\. Organizations, households, and individuals have the right to appeal administrative decisions and actions of competent authorities in the enforcement of laws on food safety and hygiene;

2\. Individuals have the right to report violations of laws on food safety and hygiene to competent authorities.

The authority, procedures for handling appeals and complaints, and procedures for initiating litigation stipulated in Clause 1 and Clause 2 of this Article shall be implemented according to the provisions of the law.

Chapter 6:

REWARD AND HANDLING OF VIOLATIONS

Article 50. Organizations, households, individuals who have achievements in activities ensuring food safety and hygiene or who contribute to detecting violations of laws on food safety and hygiene shall be rewarded in accordance with the provisions of the law.

Article 51. Organizations and individuals engaged in producing and trading foodstuffs that violate the provisions of this Ordinance or other provisions of laws on food safety and hygiene shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the provisions of the law.

Article 52. Persons who abuse their positions or powers and violate the provisions of this Ordinance or other provisions of laws on food safety and hygiene shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the provisions of the law.

Chapter 7:

IMPLEMENTING PROVISIONS

Article 53. This Ordinance takes effect from November 1, 2003.

Previous regulations contrary to this Ordinance are abolished.

Article 54. The Government shall provide detailed regulations and guidance for the implementation of this Ordinance./.