Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT guides the division of responsibilities and coordination in state management of food safety.

JOINT CIRCULAR

Guidelines on the division of responsibilities and coordination

in state management of food safetyt s

_______________________

Pursuant to the Food Safety Lawrime Minister cenacted on July the 2010;

Pursuant to Decree No. 38/2012/NĐ-CP dated April 25, 2012 of the Government detailing implementation of certain articles of the Food Safety Law;June 2024;Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to DecreeNo. 1. The List of Biddable Medicines at Appendix I.

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;developmentAt the proposal of the Director of the Plant Protection Department, the General Director of the Fisheries General Department, and the Director of the Livestock Production Department;

At the proposal of the Director of the Food Safety Administration - Ministry of Health,"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."the Director of the Quality Management Bureau for Forestry, Agricultural, and Aquatic Products - Ministry of Agriculture and Rural Development, and the Director of the Science and Technology Department - Ministry of Industry and Trade;

The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade hereby issue this Joint Circularpoliciesguiding the division of responsibilities and coordination in state management of food safety.g This Joint Circular guides:

Minister of thein1. Division of responsibilities and coordination in implementing state management of food safety.in2. Coordination in inspection and supervision of food safety.ớ3. Confirmation of knowledge on food safety.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. State management agencies for food safety.

2. Organizations and individuals producing and trading food within the territory of Vietnam.

DIVISION OF RESPONSIBILITIES AND COORDINATION IN IMPLEMENTING STATE MANAGEMENT OF FOOD SAFETY

Article 3. Principles of division of responsibilities and coordination in state management of food safety

Article 2. Applicability

These joint circulars apply to:

1. Ensuring the principle that one product, one production and business establishment shall be subject to the management of only one state management agency.

2. Implementing state management responsibilities for food safety according to the list specified in the appendices attached to this Joint Circular.

3. Other organizations and individuals related thereto.

Chapter II

3. For establishments producing multiple types of food products under the jurisdiction of two or more ministries including food products under the jurisdiction of the Ministry of Health, the Ministry of Health shall be responsible for management.

4. For establishments producing multiple types of food products under the jurisdiction of the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development shall be responsible for management.

5. For establishments trading multiple types of food products under the jurisdiction of two or more ministries (including markets and supermarkets), the Ministry of Industry and Trade shall be responsible for management except for wholesale markets and agricultural auctions managed by the Ministry of Agriculture and Rural Development.

6. The Ministry of Health shall be responsible for managing establishments producing and trading food containers and packaging materials, except those specialized containers and packaging materials exclusively used for food products under the jurisdiction of the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade.

7. In case of new developments, the Ministry of Health shall take the lead, coordinate with the relevant ministries to resolve issues or report them.

Article 4. Responsibilities for state management of food products and establishments producing and trading food products

1. The Ministry of Health shall be responsible for state management of food safety for food products and establishments producing and trading such products as specified in Appendix 1 attached to this Joint Circular and the cases specified in Clause 3, Article 3; and food containers and packaging materials as specified in Clause 6, Article 3 of this Joint Circular.

2. The Ministry of Agriculture and Rural Development shall be responsible for state management of food safety for food products and establishments producing and trading such products as specified in Appendix 2 attached to this Joint Circular and the cases specified in Clause 4, Article 3 of this Joint Circular.

3. The Ministry of Industry and Trade shall be responsible for state management of food safety for food products and establishments producing and trading such products as specified in Appendix 3 attached to this Joint Circular and the cases specified in Clause 5, Article 3 of this Joint Circular.

COORDINATION IN INSPECTION AND SUPERVISION

Article 4. State Management Responsibilities for Food Products and Food Production and Business Establishments

1. The Ministry of Health shall be responsible for state management of food safety concerning food products and production and business establishments of such food products as prescribed in Appendix 1 attached to this Joint Circular and the cases stipulated in Clause 3, Article 3 of this Joint Circular; and food packaging materials and containers as prescribed in Clause 6, Article 3 of this Joint Circular.

2. The Ministry of Agriculture and Rural Development shall be responsible for state management of food safety concerning food products and production and business establishments of such food products as prescribed in Appendix 2 attached to this Joint Circular and the cases stipulated in Clause 4, Article 3 of this Joint Circular.

3. The Ministry of Industry and Trade shall be responsible for state management of food safety concerning food products and production and business establishments of such food products as prescribed in Appendix 3 attached to this Joint Circular and the cases stipulated in Clause 5, Article 3 of this Joint Circular.

Chapter III

COOPERATION IN INSPECTION AND SUPERVISION

FOOD SAFETY

Article 5. Principles for coordination in food safety inspections and examinations

1. Implementation based on the functions, tasks, and authorities of each Ministry.

2. Clearly define the leading agency and the coordinating agencies as prescribed:

a) The Ministries of Health, Agriculture and Rural Development, Industry and Trade shall proactively lead and organize food safety inspections and examinations within their assigned management scope as stipulated in the Food Safety Law, Decree No. 38/2012/NĐ-CP dated April 25, 2012 of the Government detailing certain provisions of the Food Safety Law, and this Circular. Relevant ministries shall be responsible for participating in coordinating food safety inspection and examination work at the request of the leading agency or upon the requirement of the competent authority.

b) In cases where inter-ministerial inspections and examinations are conducted, the Ministry of Health shall lead and coordinate with the Ministries of Agriculture and Rural Development, Industry and Trade, and related forces to organize and assign implementation.

3. Inspection and examination activities must ensure that there is no overlap between sectors and levels, ensuring consistent inspection and examination activities from central to local levels. In case of overlapping inspection and examination plans, they shall be implemented as follows:

a) When the inspection and examination plan of a lower-level agency overlaps with that of a higher-level agency, it shall be carried out according to the inspection plan of the higher-level agency;

b) When the inspection and examination plans of agencies at the same level overlap in terms of geographical area and facilities, the parties shall exchange and agree to establish a joint inspection team.

4. Strictly adhere to principles, professional procedures, confidentiality regulations in inspection and examination activities as prescribed by law.

5. The leading agency conducting inspections and examinations must notify in writing the results of coordinated inspections and examinations to participating agencies.

6. Information sharing among ministries from planning to conducting inspections and reporting inspection results for knowledge and coordination purposes.

7. Any issues arising during coordination must be discussed and resolved according to legal regulations and the operational requirements of relevant agencies. If consensus on resolution cannot be reached, a report must be submitted to the Inter-Ministerial Steering Committee on Food Safety at the same level for guidance.

Article 6. Coordination among central agencies in food safety inspections and examinations

1. In cases requiring inter-ministerial inspections and examinations, the Ministry of Health shall send a document to the Ministries of Agriculture and Rural Development, Industry and Trade, and related agencies to coordinate and direct their subordinate agencies in coordinating inspections and examinations.

The inter-ministerial inspection and examination plan must clearly specify the content, geographical area, leading inspection and examination agency, and coordinating agencies.

2. Upon completion of inter-ministerial inspection and examination rounds, every six months and annually, the Ministries of Agriculture and Rural Development, Industry and Trade, and other ministries and sectors assigned to participate in inspection and examination teams shall be responsible for submitting reports on food safety inspection and examination results within their assigned management areas or inspection scopes to the Ministry of Health for consolidation and reporting to the Central Inter-Ministerial Steering Committee on Food Safety and

Article 7. Coordination between central agencies and local authorities in food safety inspections and checks

1. Annually, the Ministry of Health shall take the lead and coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade to develop plans for inter-sectoral food safety inspections and checks.

2. The leading agency of the central inter-sectoral food safety inspection and check team must notify in writing the Standing Office of the Inter-Sectoral Steering Committee on Food Safety Sanitation and the specialized management agency related to food safety under the corresponding sector or field of the locality to:

a) Appoint staff to join the inspection team, provide information, create necessary conditions, and implement recommendations of the central inspection team;

b) Proactively conduct food safety inspections and checks according to regulations or based on directives from higher-level state agencies.

Article 8. Coordination among local agencies in conducting inter-sectoral food safety inspections and checks

1. In cases where inter-sectoral food safety inspections and checks must be organized, the Department of Health shall take the lead and advise the People's Committee or the Inter-Sectoral Steering Committee on Food Safety Sanitation of the province or city to build plans and organize their implementation after the plans have been approved.

2. When requested by the leading agency for inspection and check, the coordinating agency has the responsibility to appoint staff to participate in the inspection and check.

3. Upon completion of the inter-sectoral inspection and check period, every six months and annually, the Departments of Agriculture and Rural Development, Industry and Trade, and other departments and sectors assigned to join the inspection and check team shall submit reports on the results of food safety inspections and checks within their managed fields or assigned inspection and check scopes to the Department of Health for consolidation and reporting to the Inter-Sectoral Steering Committee on Food Safety Sanitation of the province and the Chairman of the People's Committee of the province or city to report to the Central Inter-Sectoral Steering Committee on Food Safety Sanitation.

4. Public statements and provision of information to the press shall be carried out in accordance with the laws on public statements and provision of information.

Chapter IV

CONFIRMATION OF KNOWLEDGE ON FOOD SAFETY

The Food Safety Agency under the Ministry of Health and the Quality Management Agency for Forestry, Agriculture, and Fisheries under the Ministry of Agriculture and Rural Development are the focal agencies responsible for advising and organizing the confirmation of knowledge on food safety within the scope of management of their respective ministries for central and local state management agencies according to the principle that the level which issues certificates of establishments meeting food safety conditions shall also have the authority to issue certificates confirming knowledge on food safety.

The Science and Technology Department under the Ministry of Industry and Trade is the focal agency advising the Minister of Industry and Trade to designate agencies and units operating in the food industry sector to carry out the confirmation of knowledge on food safety.

Article 10. Documents for Application for Certificate Confirming Knowledge on Food Safety

The owner of the establishment and those directly involved in food production and business operations are responsible for submitting a set of application documents for the certificate confirming knowledge on food safety to the agency specified in Article 9 of this Joint Circular through postal service or direct submission. The set of documents includes:

1. For organizations:

a) An application form for confirming knowledge on food safety according to Model No. 01a stipulated in Appendix 4 issued together with this Joint Circular;

b) A list of individuals applying for confirmation of knowledge on food safety according to Model No. 01b stipulated in Appendix 4 issued together with this Joint Circular;

c) A copy of the Business Registration Certificate or Operation Permit of branch offices or representative offices or Cooperative Business Registration Certificate (with the seal of the organization);

d) Proof of payment of fees as prescribed by the laws on fees and charges.

2. For individuals:

a) An application form for confirming knowledge on food safety according to Model No. 01a stipulated in Appendix 4 issued together with this Joint Circular;

b) A copy of the identity card;

c) Proof of payment of fees as prescribed by the laws on fees and charges.

Article 11. Procedures for Confirmation of Food Safety Knowledge

1. Within ten working days from the date of receipt of complete and valid documents, the competent authority shall establish a plan to confirm knowledge on food safety and notify the organizations and individuals of the time for conducting the confirmation of knowledge on food safety.

2. Knowledge on food safety shall be tested using a set of questions assessing knowledge on food safety according to the management field.

3. Certificates confirming knowledge on food safety shall be issued to individuals who answer correctly at least 80% of the questions in each section of general knowledge and specialized knowledge questions. Within three working days from the date of participation in the assessment (the day of the test), the competent authority specified in Article 9 of this Joint Circular shall be responsible for issuing the certificate. The model of the certificate confirming knowledge on food safety is according to Model No. 02a stipulated in Appendix 4 issued together with this Joint Circular.

Article 12. Management of Food Safety Knowledge Confirmation Certificate

1. The Food Safety Knowledge Confirmation Certificate is valid for three years from the date of issuance.

2. Individuals who have been confirmed to possess food safety knowledge shall be recognized when working at establishments producing or trading similar product groups.

Article 13. Provisions on Content and Examination Questions for Food Safety Knowledge

1. Food safety knowledge includes general knowledge and specialized knowledge on food safety.

2. General food safety knowledge includes: Legal provisions on food safety; food safety hazards; food safety conditions; methods to ensure food safety; good food safety practices.

3. The Food Safety Agency under the Ministry of Health; the Quality Management Bureau of Forestry, Agriculture and Aquatic Products under the Ministry of Agriculture and Rural Development; the Science and Technology Department under the Ministry of Industry and Trade shall be responsible for developing and promulgating or submitting for promulgation the specific contents of the materials stipulated in Clause 1 and Clause 2 of this Article and the examination questions for food safety knowledge for each ministry's area of management.

4. In cases where there is overlap in the division of responsibilities, the Food Safety Agency under the Ministry of Health shall take the lead and coordinate with the Quality Management Bureau of Forestry, Agriculture and Aquatic Products under the Ministry of Agriculture and Rural Development, and the Science and Technology Department under the Ministry of Industry and Trade to develop, promulgate the content, materials, and examination questions for knowledge.

Chapter V

IMPLEMENTATION PROVISIONS

Article 14. Effective Date

This Circular takes effect from May 26, 2014.

Abolish the provisions of Joint Circular No. 16/2005/TTLT-BYT-BCN dated May 20, 2005 of the Ministry of Health and the Ministry of Industry guiding the division of responsibilities and coordination in performing state management functions regarding food hygiene and safety; Joint Circular No. 24/2005/TTLT/BYT-BTS dated December 8, 2005 of the Ministry of Health and the Ministry of Fisheries guiding the division of responsibilities and coordination in managing state functions regarding aquatic food hygiene and safety; Joint Circular No. 01/2006/TTLT/BYT-BNN dated January 4, 2006 of the Ministry of Health and the Ministry of Agriculture and Rural Development guiding the division of responsibilities and coordination in performing state management functions regarding food hygiene and safety; Joint Circular No. 18/2005/TTLT/BYT-BTM dated July 12, 2005 of the Ministry of Health and the Ministry of Commerce on the relationship and coordination in performing state management functions regarding food hygiene and safety.

Article 15. Implementation Organization

The Food Safety Agency under the Ministry of Health, the Quality Management Bureau of Forestry, Agriculture and Aquatic Products under the Ministry of Agriculture and Rural Development, and the Science and Technology Department under the Ministry of Industry and Trade shall be responsible for organizing, inspecting, supervising, and guiding the implementation of this Joint Circular.

During the implementation process, if there are difficulties or obstacles, organizations and individuals need to promptly report to the Ministry of Health (Food Safety Agency), the Ministry of Agriculture and Rural Development (Quality Management Bureau of Forestry, Agriculture and Aquatic Products), and the Ministry of Industry and Trade (Science and Technology Department) for research and resolution.