Circular No. 13/2011/TT-BNNPTNT guiding the inspection of food safety for imported goods of plant origin

CIRCULAR

Guidelines for the inspection of food safety for imported goods of plant origin

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Pursuant to Decree No. 01/2008/ND-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/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-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 Decree No. 79/2008/ND-CP dated July 18, 2008 of the Government stipulating the system of organizations managing‎, inspecting, and testing for food hygiene and safety,

The Ministry of Agriculture and Rural Development hereby issues guidelines for the inspection of food safety for imported goods of plant origin as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the procedures, formalities, contents of food safety (FS) inspections for imported goods of plant origin used as food (hereinafter referred to as goods) under the management of the Ministry of Agriculture and Rural Development; responsibilities and authorities of related parties;

2. The list of goods subject to this Circular is specified in Appendix 1;

3. This Circular does not regulate matters and provisions related to plant quarantine activities;

Article 2: Applicability

This Circular applies to domestic and foreign organizations and individuals involved in production and business activities related to the importation of goods under the management of the Ministry of Agriculture and Rural Development.

Article 3. Goods Imported Not Subject to Food Safety Inspection:

Clause 1. Personal items carried by individuals within tax-free allowances;

Clause 2. Diplomatic and consular pouches;

Clause 3. Transit and transshipment goods;

Clause 4. Goods stored in bonded warehouses;

5. Goods for testing and research purposes.

Article 4. Definitions

Article 20. In this Circular, the following terms shall be understood as follows:

1. Imported consignment: Is the quantity of imported goods registered for inspection once;

2. Inspection lot: Is the quantity of the same type of goods from the same production facility registered for inspection once;

3. Serious violation of food safety regulations: Goods found to contain harmful agents affecting human health and life;

4. Sampling frequency: Is the number of times samples are taken for testing from imported inspection lots.

Article 5. Requirements for Imported Goods

1. Goods imported into Vietnam must meet the following requirements:

a) Produced in a country recognized by the competent authority of Vietnam as meeting all requirements for ensuring food safety according to Vietnamese regulations;

b) Packaged or contained in suitable means; labeled, including information such as name of goods, name and address of the production facility; code number (if applicable) and other information (in Vietnamese or with a Vietnamese language label) as prescribed;

c) Inspected and certified for food safety according to Chapter III of this Circular.

2. Goods containing genetically modified components, irradiated, or produced using new technology:

a) Meet the requirements stipulated in Clause 1 of this Article;

b) Hold a Free Sale Certificate (FSC) issued by the competent authority of the exporting country according to Circular No. 63/2010/TT-BNNPTNT.

3. Processed and pre-packaged goods (including those specified in Clause 2 of this Article), before circulation:

a) Meet the requirements stipulated in Clause 1 and Clause 2 of this Article;

b) Register a conformity declaration with the competent state authority of Vietnam according to current regulations.

Article 6. Forms and Indicators of Inspection

1. Lot inspection: Imported lots must be inspected for origin information, external appearance (packaging, labeling). Procedures and formalities for food safety inspections of imported lots are stipulated in Chapter III of this Circular.

2. Inspection at the exporting country: On-site inspection of the food safety control system and conditions ensuring food safety during the production process of the exporting country. This form is considered for application when it is found that the exporting country has many production facilities with lots violating serious food safety regulations (three production facilities or more per year).

3. Food safety indicators to be tested must be based on the manufacturer's and importer's compliance history; actual situation regarding food safety risks from the place of production and producing country; actual situation of the lot and accompanying documents; and also based on the List of food safety indicators and maximum permissible levels according to current Vietnamese regulations.

Article 7. Basis for inspection

1. Vietnamese regulations, standards, technical regulations on FS, and international FS regulations.

2. In cases where Vietnam has signed bilateral Agreements or agreements on food safety with exporting countries, such provisions shall be followed according to international treaties that Vietnam has signed.

Article 8. Inspection and supervision agencies

1. Inspection agencies at border gates or concentration points: Units under the Plant Protection Department or authorized by the Plant Protection Department.

2. Agencies inspecting and supervising goods circulating in the market: Units under the Department of Agriculture and Rural Development assigned with such tasks.

3. Food safety inspection agencies in the exporting country: The Quality Management Department for Forestry, Agriculture, and Fisheries shall take the lead, coordinating with the Plant Protection Department and relevant agencies.

Article 9. Fees, charges, and implementation funds for inspection and supervision of food safety.

1. Inspection agencies shall collect fees and charges in accordance with current regulations of the Ministry of Finance.

2. The cost of inspections conducted in exporting countries shall be funded from the state budget. The Department of Quality Management of Forestry, Agriculture, and Fisheries shall take the lead and coordinate with the Plant Protection Department to prepare the budget for inspections in exporting countries and submit it for approval by the competent authority.

3. The cost of inspecting and supervising products circulating in the market shall be funded from the state budget within the framework of the monitoring program stipulated in Circular No. 05/2010/TT-BNNPTNT dated January 22, 2010, issued by the Ministry of Agriculture and Rural Development, guiding the inspection and supervision of agricultural product hygiene and safety before they enter the market, or from other legitimate sources.

Chapter II

EXPORT REGISTRATION AND INSPECTION IN EXPORTING COUNTRIES

Article 10. Export registration dossier

The competent authority for food safety of the exporting country regarding plant-based products (hereinafter referred to as the Competent Authority of the exporting country) shall submit the export registration dossier to the Department of Quality Management of Forestry, Agriculture, and Fisheries, including:

1. Information about the management system and capacity of the Competent Authority of the exporting country in food safety control according to the model prescribed in Appendix 2 attached to this Circular;

2. List of plant protection chemicals, growth regulators, and preservatives used in the production and business of goods according to the model prescribed in Appendix 3 attached to this Circular;

3. Annual food safety monitoring program of the exporting country for goods during domestic production, business, and export.

Article 11. Review of the export registration dossier

Within thirty working days from the date of receipt of the complete dossier as stipulated in Article 10, the Department of Quality Management of Forestry, Agriculture, and Fisheries shall take the lead and coordinate with the Plant Protection Department to review the dossier and notify the Competent Authority of the exporting country of the review results.

Article 12. Inspection in the exporting country

1. The Department of Quality Management of Forestry, Agriculture, and Fisheries shall take the lead and coordinate with the Plant Protection Department to develop an inspection plan; notify and coordinate with the Competent Authority of the exporting country to conduct inspections of the food safety control system and conditions ensuring food safety of production facilities exporting goods to Vietnam.

2. Within thirty working days from the end date of the inspection in the exporting country, the Department of Quality Management of Forestry, Agriculture, and Fisheries shall take the lead and coordinate with the Plant Protection Department to process the inspection results and publish the inspection report. The report shall clearly specify the specific reasons for not allowing the export of goods to Vietnam if the inspection results do not fully meet the requirements as prescribed.

Chapter III

PROCEDURES FOR FOOD SAFETY INSPECTIONS

IMPORTED CONSIGNMENTS

Article 13. Content of Inspection

1. Document inspection;

2. External inspection;

3. Testing of food safety indicators as prescribed in Clause 3, Article 6 of this Circular.

Article 14. Sampling and Inspection Methods

Imported goods must be sampled at locations determined by the inspection authority (at the border gate, consolidation site, or storage warehouse). The sampling and inspection methods shall be applied as follows:

1. Routine Inspection: Conduct sampling for testing of the inspected consignment with a maximum frequency of up to 10%, depending on the level of risk associated with the goods. This frequency applies to each import location. Sampling for testing may be conducted randomly among the imported consignments being inspected. The inspected consignment is permitted to proceed with customs clearance without waiting for the results of the food safety testing.

2. Strict Inspection: Conduct sampling for testing of the inspected consignment with a frequency of 30% if one previously inspected consignment is found to seriously violate food safety regulations; a frequency of 100% if two consecutive previously inspected consignments are found to seriously violate food safety regulations. In these cases, the consignor must self-store the goods (at the border gate, consolidation site, or storage warehouse) and can only clear customs upon receiving a food safety certification from the inspection authority or with permission from the inspection authority.

If the testing of samples from two consecutive inspected consignments meets the requirements, the routine inspection method will be applied.

Article 15. Registration for Inspection

The consignor must register for food safety inspection (in accordance with the form prescribed in Appendix 4) with the inspection authority at the border gate at least 24 hours before the goods arrive at the border gate.

Article 16. Inspection Procedures

1. Document Review: The inspection authority reviews the registration documents (origin, production facility's compliance history with food safety regulations) and confirms the inspection registration within one working day from the date of receipt of all registration documents;

2. External Inspection: The inspection authority conducts an examination of the condition of the consignment, packaging, and labeling when the goods arrive at the border gate;

3. Sample Testing: The inspection authority conducts sampling for testing of food safety indicators at the registered location. The sampling and inspection methods are as stipulated in Article 14 of this Circular.

4. Prepare the Inspection and Sampling Report (in accordance with the form prescribed in Appendix 5).

Article 17. Handling Inspection Results

1. Issue a Food Safety Inspection Certificate (in accordance with the form prescribed in Appendix 6) in the following cases:

a) For consignments undergoing routine inspection or strict inspection (cases where no sample testing is conducted), if the document review and external inspection meet the requirements within one working day from the arrival of the goods at the border gate;

b) For consignments undergoing strict inspection (cases where sample testing is conducted) and if the document review, external inspection, and sample testing meet the requirements within one working day from the receipt of satisfactory test analysis results from the designated laboratory.

2. Notify Non-Conformity with Food Safety Requirements (in accordance with the form prescribed in Appendix 7) in the case where the inspection results do not meet the requirements within one working day from the receipt of the inspection results.

3. The time from sampling, sending samples, testing, and providing test results shall not exceed 10 working days.

Article 18. Contents of inspection and supervision of imported goods circulating in the market

1. Verify traceability information of imported consignments;

2. Inspect storage conditions, packaging, and labels (if any) of goods circulating in the market;

3. Take samples of goods for analysis of food safety criteria by designated testing agencies when there are signs of violation or suspicion regarding food safety, or upon request from competent state authorities.

Chapter IV

MEASURES FOR HANDLING VIOLATIONS OF FOOD SAFETY REGULATIONS

Article 19. For imported consignments

1. Notify the competent authority on food safety of the exporting country to cooperate in investigating the cause and implementing corrective measures.

2. Notify and coordinate with relevant domestic authorities to handle and supervise the process of handling the non-compliant consignment according to the law.

Article 20. For production establishments

1. Temporarily suspend the importation of goods into Vietnam for production establishments if they violate any of the following cases:

a) There are three (3) or more consignments inspected within six months found to be seriously violating food safety regulations;

b) The results of inspections under Article 12 show that the establishment does not fully meet the requirements for food safety as stipulated.

2. A production establishment may resume exportation into Vietnam if the competent authority of the exporting country issues a confirmation letter stating that the establishment has implemented appropriate corrective actions and meets the conditions for ensuring food safety as required.

Article 21. Regarding the exporting country

1. Temporarily suspend imports from the exporting country in cases where the results of inspections under Article 12 show that the food safety control system of the exporting country does not fully meet the requirements;

2. Only allow resumption of exports into Vietnam when subsequent monitoring results show that the competent authority of the exporting country has implemented food safety control measures that fully meet the requirements.

Chapter V

RESPONSIBILITIES AND LIMITATIONS

Article 22. Responsibilities of inspection agencies

1. Confirm registration for inspection, conduct inspection; issue a food safety inspection certificate; or notify that the consignment does not meet food safety requirements for imported goods according to Chapter III of this Circular;

2. Provide accurate, objective, and truthful notifications; strictly follow the inspection procedures and sampling of products as prescribed for review when requested;

3. Coordinate with customs authorities to inspect imported goods, handle violations of food safety regulations, and supervise the handling process;

4. Conduct traceability of imported consignments that do not meet food safety requirements;

5. Charge fees and levies as prescribed;

Article 23. Powers of the Inspection Authority

1. Request the consignee to provide relevant documents and files to support inspection work;

2. Conduct inspections and take samples of imported goods according to the methods and procedures stipulated in this Circular;

3. Decide on measures to handle and supervise the handling of batches of goods that do not meet import requirements.

Article 24. Responsibilities of the importer

1. Implement registration for food safety inspection as prescribed in Article 15 of this Circular;

2. Create conditions for inspection authority staff to perform their inspection tasks, sample testing, and supervision of goods in accordance with regulations;

3. Provide complete files and specimens related to serving inspection work and tracing the origin;

4. Comply with administrative penalty decisions and be subject to supervision by competent authorities;

5. Pay inspection and testing fees and actual expenses incurred in handling consignments that do not meet food safety requirements according to current regulations of the Ministry of Finance;

6. Bear full responsibility for the storage of inspected goods during the waiting period for inspection conclusions for strict inspection methods or until the decision of the competent authority for consignments that have been determined to not meet import requirements.

Article 25. Rights and authorities of the importer

1. Request the inspection agency to reconsider the inspection results or request a re-inspection;

2. Have the right to lodge complaints and denunciations and have such complaints and denunciations resolved in accordance with laws on complaints and denunciations.

Article 26. Responsibilities of the Inspection Team in the exporting country

1. Conduct food safety inspections in the exporting country after the Ministry of Agriculture and Rural Development issues the decision to establish the inspection team;

2. Coordinate with the Competent Authority of the exporting country to implement inspection contents;

3. Report the inspection results to the Ministry of Agriculture and Rural Development within fifteen days from the end date of the inspection in the exporting country;

4. Notify the inspection results to the Competent Authority of the exporting country in accordance with Article 12 of this Circular;

Chapter VI

IMPLEMENTATION

Article 27. Directorate of Quality Assurance for Agricultural Products, Forestry Products and Fisheries

1. Receive export registration files from the Competent Authority of the exporting country; exchange information and notify inspection plans (if necessary) with the Competent Authority of the exporting country and submit to the Ministry for issuance of the decision to establish the Vietnamese inspection team to conduct inspections in the exporting country;

2. Take the lead and coordinate with the Plant Protection Department:

a) Implement the publication of the list of countries permitted to export goods to Vietnam; countries temporarily suspended from exporting to Vietnam; production facilities temporarily suspended from exporting goods to Vietnam; notify enhanced inspection methods for goods from countries seriously violating food safety regulations; notify the Competent Authority of the exporting country about non-compliant consignments and request cooperation in investigating causes and implementing corrective measures;

b) Conduct inspections of food safety control systems and food safety assurance conditions of production facilities in the exporting country;

c) Conduct traceability on imported consignments that do not meet food safety requirements;

3. Annually or at any time (when required), report to the Ministry of Agriculture and Rural Development on the situation of food safety inspections for imported goods;

4. Annually, develop plans and budget estimates for conducting food safety inspections in exporting countries, submit to the Ministry of Agriculture and Rural Development for approval and funding allocation;

Article 28. Plant Protection Department

1. Direct and supervise subordinate units or authorize:

a) Conduct inspections and issue food safety inspection certificates, or notify cases where imported consignments do not meet food safety requirements;

b) Notify enhanced inspection methods for consignments from production facilities seriously violating food safety regulations;

c) Coordinate with relevant agencies to handle non-compliant consignments and monitor the implementation process.

2. Coordinate with the Directorate of Quality Assurance for Agricultural Products, Forestry Products and Fisheries to implement activities stipulated in Clause 2, Article 27 of this Circular;

3. Guide units assigned by the Department of Agriculture and Rural Development to perform tasks related to inspecting and supervising food safety for imported goods circulating in the market;

4. Annually, or at any time (upon request), report the situation of food safety inspections of imported goods to the Ministry of Agriculture and Rural Development (through the Directorate of Quality Assurance for Agricultural Products, Forestry Products and Fisheries);

5. Annually, develop plans and budget estimates for conducting food safety inspections of imported goods according to assigned tasks for non-fee generating items, submit to the Ministry of Agriculture and Rural Development for approval and funding allocation;

Article 29. Departments of Agriculture and Rural Development of provinces and centrally governed cities

1. Direct subordinate units to carry out food safety supervision inspections on imported goods circulating in their jurisdiction in accordance with the provisions and guidance of specialized management directorates;

2. Promptly notify the Quality Management Department of Forestry and Aquatic Products and the Plant Protection Department of cases where imported goods circulating within their jurisdiction violate food safety regulations;

3. Coordinate with competent agencies to handle non-compliant consignments and monitor the implementation process;

4. Annually, or at any time (upon request), submit reports on the results of food safety inspections and supervision for imported goods circulating within their jurisdiction to the Plant Protection Department for consolidation and reporting to the Ministry;

5. Annually, develop plans and budgets for implementing food safety inspections and supervision for imported goods according to the division of labor and submit them for approval by the competent authority and allocation of funds.

Chapter VII

IMPLEMENTING PROVISIONS

Article 30. Effective Date

This Circular takes effect from July 1, 2011.

Article 31. Amendment and supplementation

During the implementation process, if there are any difficulties, units shall report to the Ministry of Agriculture and Rural Development (through the Directorate of Quality Assurance for Agricultural Products and Forestry Products and the Plant Protection Directorate) for examination and amendment and supplementation./.