Joint Circular No. 16/2005/TTLT/BYT-BCN guiding the division of responsibilities and coordination in performing state management functions regarding food safety and hygiene

JOINT CIRCULAR

Guidelines on the division of responsibilities and coordination in performing state management functions

on food hygiene and safety

Pursuant to the Food Safety Ordinance No. 12/2003/PL-UBTVQH dated July 26, 2003;

BASED ON THE GOVERNMENT DECREE NO. 163/2004/NĐ-CP OF SEPTEMBER 7, 2004, PROVIDING DETAILED IMPLEMENTATION GUIDELINES FOR CERTAIN PROVISIONS OF THE SANITARY AND FOOD SAFETY ORDINANCE;

Pursuant to Decree No. 49/2003/NĐ-CP dated May 15, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to the Government Decree No. 55/2003/NĐ-CP dated May 28, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Industry.

The Ministry of Health and the Ministry of Industry issue guidelines on the division of responsibilities and coordination in performing state management functions regarding food safety for production and processing facilities of alcohol, beer, soft drinks, confectionery, dairy products, vegetable oils, starches, and cigarettes (hereinafter referred to as Production and Processing Facilities) and collective kitchens with a capacity of 30 meals or more (hereinafter referred to as Collective Kitchens) under the jurisdiction of the Ministry of Industry as follows:

I. DIVISION AND COORDINATION IN IMPLEMENTATION

1. Development and Implementation of Strategies, Policies, Planning, and Programs on Food Safety

a) The Ministry of Health shall take the lead and coordinate with the Ministry of Industry in building and implementing strategies, policies, planning, and plans on food safety that have been approved.

b) The Ministry of Industry shall take the lead and coordinate with the Ministry of Health in providing detailed guidance on the implementation of strategies, policies, planning, and plans on food safety.

c) The Department of Health shall take the lead and coordinate with the Department of Industry in implementing strategies, policies, planning, and plans on food safety that have been approved within their respective jurisdictions.

2. Issuing and implementing regulatory documents on food safety, regulations, and food safety standards.

a) The Ministry of Health shall take the lead and coordinate with the Ministry of Industry and relevant ministries and sectors in issuing general requirements for food safety conditions.

b) The Ministry of Industry shall take the lead and coordinate with the Ministry of Health and relevant ministries and sectors in issuing specific regulations on food safety conditions in accordance with the regulations of the Ministry of Health and other related laws.

3. Prevention and resolution of food poisoning and foodborne diseases

a) The Ministry of Health shall take the lead in developing plans for the prevention of food poisoning and foodborne diseases, organizing emergency treatment, and resolving such incidents.

b) The Ministry of Industry shall take the lead and coordinate with the Ministry of Health in developing and implementing plans to prevent and resolve food poisoning and foodborne diseases at Production and Processing Facilities and Collective Kitchens.

c) The Ministry of Industry shall coordinate with provincial and municipal people's committees, the Ministry of Health, and relevant ministries and sectors in resolving and addressing consequences when mass food poisoning occurs at Production and Processing Facilities and Collective Kitchens.

d) The Department of Industry shall take the lead and coordinate with the Department of Health and relevant sectors in resolving and addressing consequences when food poisoning occurs at Production and Processing Facilities and Collective Kitchens within their respective jurisdictions.

4. Management of testing systems and food safety quality assurance systems

a) The Ministry of Health shall take the lead and coordinate with the Ministry of Industry in designating units under the jurisdiction of the Ministry of Industry that have sufficient capacity to participate in food safety quality testing work for food consumed in Vietnam.

b) The Ministry of Industry shall specify the implementation timeline and direct the application of food safety quality assurance systems according to HACCP for Production and Processing Facilities.

5. Scientific research and technology development in food safety

a) The Ministry of Health shall take the lead and coordinate with the Ministry of Industry in developing plans for scientific research and technological development in food safety assurance.

b) The Ministry of Industry shall take the lead and coordinate with the Ministry of Health in implementing scientific research and transferring technology in the field of food safety assurance for industries under its jurisdiction.

6. Organizing publicity, dissemination of knowledge, and laws on food safety

a) The Ministry of Health shall take the lead in developing plans for the publicity and dissemination of knowledge and laws on food safety.

b) The Ministry of Industry shall take the lead and coordinate with the Ministry of Health in developing programs and implementing publicity, dissemination of knowledge, and laws on food safety for Production and Processing Facilities and Collective Kitchens.

c) The Department of Health shall take the lead and coordinate with the Department of Industry in organizing education and training on the implementation of regulatory documents on food safety and conducting training on food safety knowledge for those directly involved in food production at Production and Processing Facilities and Collective Kitchens within their respective jurisdictions.

7. International cooperation in food safety

a) The Ministry of Health shall take the lead and coordinate with the Ministry of Industry in developing plans and implementing international cooperation in food safety assurance.

b) The Ministry of Industry shall take the lead and coordinate with the Ministry of Health in implementing international cooperation plans in food safety assurance for industries under its jurisdiction.

8. Inspection and handling complaints and reports on food safety

a) The Ministry of Industry shall take the lead and coordinate with the Ministry of Health in inspecting food safety conditions during the production process at Production and Processing Facilities.

b) The Ministry of Health shall take the lead and coordinate with the Ministry of Industry in inspecting production and processing facilities when there are signs of violations of food safety laws.

c) The Ministry of Industry shall take the lead and coordinate with the Ministry of Health in handling complaints and reports on food safety concerning products from Production and Processing Facilities.

d) The Department of Health shall take the lead and coordinate with the Department of Industry in inspecting food safety conditions at Production and Processing Facilities and handling complaints and reports on food safety within their respective jurisdictions.

II. IMPLEMENTATION

1. The Ministry of Health assigns the Food Safety and Hygiene Control Agency as the main agency to organize and implement this Circular.

2. The Ministry of Industry assigns the Science and Technology Department as the leading agency to organize the implementation of this Circular.

3. Every six months, the Ministry of Health and the Ministry of Industry, the Departments of Health and Industry shall inform each other about the implementation of this Circular. Annually in December, the leaders of both Ministries shall evaluate the results of activities and direct coordination work for the following year.

III. EFFECTIVE DATE

This Circular shall take effect 15 days from the date of publication in the Official Gazette. All previous provisions contrary to this Circular are hereby abolished.

During the process of organizing and implementing this Circular, if there are difficulties or obstacles, units and localities are requested to report to the Ministry of Health or the Ministry of Industry so that the two ministries can promptly coordinate to resolve them./.