Joint Circular No. 12/2008/TTLT-BYT-BNV guiding the functions, tasks, powers, organizational structure, and staffing of Food Safety Control Agencies under Provincial Health Departments.

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

JOINT CIRCULAR

Guidelines on functions, tasks, powers, organizational structure, and staffing of Food Safety and Hygiene Inspection Agencies under Provincial Health Departments

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Pursuant to Decree No. 178/2007/ND-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 188/2007/ND-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 48/2008/ND-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 79/2008/ND-CP dated July 18, 2008 of the Government stipulating the system of management organizations, inspection, and testing for food safety and hygiene;

The Ministry of Health and the Ministry of Home Affairs hereby jointly issue guidelines on the functions, tasks, powers, organizational structure, and staffing of Food Safety and Hygiene Inspection Agencies under Provincial Health Departments (hereinafter referred to as provincial level);

Chapter I. POSITION AND FUNCTION

Article 1. Food Safety and Hygiene Inspection Agency (hereinafter referred to as the Agency) is an organization under the Provincial Health Department, assisting the Director of the Provincial Health Department in advising the People's Committee at the provincial level to perform state management functions regarding food safety and hygiene; implementing specialized activities and professional operations related to food safety and hygiene, conducting specialized inspections on food safety and hygiene within the province according to the provisions of the law.

Article 2. The Agency is subject to the direction and management of organizational structure, staffing, and operations by the Provincial Health Department, while also being guided professionally by the Food Safety and Hygiene Inspection Agency under the Ministry of Health.

Article 3. The Agency has legal personality, with its own office, seal, and separate account at the State Treasury.

Chapter II. TASKS AND POWERS

Clause 1. Assist the Director of the Provincial Health Department in advising competent authorities to issue decisions, directives, master plans, long-term development plans, five-year plans, and inter-ministerial coordination regulations in the field of food safety and hygiene;

Clause 2. Propose the Director of the Provincial Health Department to issue annual plans, programs, projects, and proposals on food safety and hygiene within the province;

Clause 3. Implement legal normative documents, policies, strategies, master plans, plans, target programs, action programs, projects, and proposals on food safety and hygiene that have been approved;

Clause 4. Take the lead and coordinate with relevant agencies to inspect and supervise the implementation of legal provisions on food safety and hygiene for food production, processing, trading establishments, and catering services according to the delegated management levels; implement preventive measures and address food poisoning and foodborne diseases within the province;

Clause 5. Coordinate with local relevant units to guide and supervise the implementation of legal provisions on food safety and hygiene management along the food supply chain from production to consumption;

Clause 6. Assist the Director of the Provincial Health Department in issuing, suspending, and revoking certificates related to food safety and hygiene according to the law and the delegation of the Ministry of Health;

Clause 7. Conduct specialized inspections on food safety and hygiene within the province;

Clause 8. Organize information dissemination and public awareness campaigns on food safety and hygiene laws within the province;

Clause 9. Direct and guide professional operations for lower levels; train food safety and hygiene knowledge for food producers, processors, and traders within the province;

Clause 10. Implement statistical reporting systems regularly and ad hoc on food safety and hygiene management according to current regulations;

Clause 11. Manage organizational structure, staffing, finance, and assets according to the law and the delegation of the Provincial Health Department;

Clause 12. Perform other tasks assigned by the Director of the Provincial Health Department.

Chapter III. ORGANIZATIONAL STRUCTURE AND STAFFING

1. Leadership of the Sub-Department:

a) The Agency has an Agency Director and Deputy Agency Directors.

b) The Agency Director is responsible to the Department of Health Director and to the law for all activities of the Agency; Deputy Agency Directors are responsible to the Agency Director and to the law for the areas of work assigned to them.

c) The appointment and removal of the Agency Director and Deputy Agency Directors shall be carried out according to the分级 management of cadres at the provincial level.

2. Organizational structure: The organizational structure of the Agency shall be decided by the People's Committee of the province based on the proposal of the Department of Health Director. The maximum number of departments and equivalent organizations under the Agency shall not exceed four departments, including the following areas of work: product registration and certification; information, communication, and food poisoning management; inspection; administrative - comprehensive.

3. Operation mechanism:

a) The Agency operates under the head system.

b) The functions, tasks, authorities, and working relationships of the departments and equivalent organizations under the Agency shall be stipulated by the Agency Director based on the functions and tasks of the Agency.

c) Recruitment, utilization, and management of civil servants shall be implemented in accordance with the provisions of the law and the分级 management of the province.

d) Leaders of the Agency, leaders of Departments, and equivalent organizations under the Agency shall enjoy allowances as prescribed by the law.

4. Staffing: The staffing of the Agency is administrative staffing within the total staffing of the Department of Health allocated annually by the People's Committee of the province, determined according to the positions of the posts, including: Agency Director, not more than two Deputy Agency Directors, Department Heads, Deputy Department Heads, and equivalents, civil servants belonging to departments with medical specialties (particularly epidemiology and public health), pharmacy, plant protection, veterinary medicine, biotechnology, food technology, law, trade, and other related specialties.

Chapter IV. IMPLEMENTATION ORGANIZATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette.

2. Based on the guidance provided in this Circular, the People's Committees of provinces and centrally governed cities shall specify the tasks, authorities, organizational structures, and staffing of Food Safety Agencies.

3. The Chairpersons of the People's Committees of provinces and centrally governed cities are responsible for implementing this Circular. During implementation, if any issues arise or difficulties occur, the provinces and centrally governed cities must promptly report to the Ministry of Health and the Ministry of Home Affairs for consideration and resolution within their authority.

During implementation, if any issues arise or difficulties occur, the provinces and centrally governed cities must promptly report to the Ministry of Health and the Ministry of Home Affairs for consideration and resolution within their authority./.