Decree No. 163/2004/ND-CP provides detailed regulations on food safety applicable to organizations and individuals producing and trading food in Vietnam. The decree focuses on conditions for ensuring food safety, inspection and supervision procedures, state management responsibilities, and prevention of food poisoning and foodborne diseases.
适用范围
State agencies, economic organizations, political-social organizations, social organizations, occupational social organizations, people's armed forces units, households, Vietnamese individuals, and foreign organizations and individuals producing, trading, and using food in Vietnam.
要点
- Organizations, households, and individuals producing and trading food must ensure they have adequate conditions regarding premises, equipment, utensils, and personnel as prescribed.
- Consumers have the right to use and choose safe food, be provided with information on food safety, and receive compensation for damages caused by unsafe food.
- Imported food must meet requirements concerning product standard declaration and passing sanitary and safety inspections.
- High-risk food production and trading establishments need to obtain a Certificate of Compliance with Sanitary and Safety Conditions.
- Organizations and individuals producing and trading food must declare product standards and retain food samples as required.
🌐 本文件的社会影响
- Reduce the risk of food poisoning and foodborne diseases through ensuring food safety.
- Increase business costs related to inspections, supervision, and product standard declarations.
- Enhance consumer awareness about food safety.
❓ 常见问题
What rights do consumers have when purchasing food?
Consumers have the right to use and choose safe food and food service, be provided with information on food safety, and receive compensation for damages caused by unsafe food.
What should high-risk food production and trading establishments do?
Organizations, households, and individuals producing and trading high-risk food must submit applications to competent state authorities requesting a Certificate of Compliance with Sanitary and Safety Conditions.
What requirements must imported food meet?
Imported food must comply with conditions such as having a certificate of product standard declaration and a certificate confirming compliance with sanitary and safety requirements issued by competent Vietnamese state authorities.
What actions are required for declaring product standards?
Organizations and individuals producing and trading food must declare product standards according to regulations and submit declaration files including: one copy of the product standard declaration, quality testing result forms, labeled samples, labels, or draft label content.
Which authority issues the Certificate of Compliance with Sanitary and Safety Conditions?
The Ministry of Health issues certificates for establishments producing and trading functional foods, nutrient-enriched foods, dietary supplements, food additives, and natural mineral water. Competent health authorities delegated by the Ministry of Health issue certificates for high-risk food establishments producing and trading other types of food.
全文
DECREE
Regulations on the detailed implementation of certain provisions
of the Food Safety Ordinance
___________________
THE GOVERNMENT
Based on the Government Organization Law No. 32/2001/QH10 dated December 25, 2001;
Pursuant to Ordinance No. 12/2003/PL-UBTVQH 11 on Food Safety dated July 26, 2003;
At the proposal of the Minister of Health,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree details the implementation of certain provisions of the Food Safety Ordinance regarding food production and business; the State management responsibilities of Ministries, sectors, People's Committees at all levels concerning food safety, prevention, and mitigation of food poisoning and foodborne diseases, and inspection and supervision of food safety.
Article 2. Applicability
This Decree applies to state agencies, economic organizations, political-social organizations, social organizations, occupational social organizations, people's armed forces units, households, Vietnamese individuals, and foreign organizations and individuals producing, trading, and using food in Vietnam; in cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions, such provisions shall apply.
Article 3. Rights and Responsibilities of Consumers
1. Consumers have the right:
a) To use and choose safe and hygienic food and food service;
b) To be provided with information on food safety and safe food usage methods;
c) To be compensated for damages caused by unsafe food according to the law;
d) To participate in contributing opinions in the development and implementation of policies and laws on food safety when solicited.
2. Consumers have the responsibility:
a) To protect themselves in food consumption and food service usage;
b) To comply with instructions on safe food usage methods;
c) Not to use food or food services that harm their health and the community's health;
d) To voluntarily report to the nearest health authority when food poisoning or foodborne disease occurs;
đ) To detect and report violations of food safety laws.
Chapter II
FOOD SAFETY IN PRODUCTION AND BUSINESS
PART 1
REGULATIONS ON FOOD SAFETY CONDITIONS
Article 4. Conditions Ensuring Food Safety
Organizations, households, Vietnamese individuals, and foreign organizations and individuals must ensure sufficient conditions for food production and business as stipulated in the following food safety regulations:
1. Conditions relating to premises include:
a) Location and environment;
b) Design and layout requirements for factories;
c) Factory structure;
d) Water supply system;
đ) Ice supply system;
e) Steam supply system;
g) Compressed air;
h) Wastewater treatment system;
i) Changing room for personal protective equipment;
k) Toilet.
2. Conditions relating to equipment and utensils include:
a) Hand washing and disinfection facilities;
b) Disinfectant water;
c) Pest control equipment;
d) Quality monitoring equipment and tools;
đ) Processing, packaging, storage, and transportation equipment and tools.
3. Conditions relating to personnel include:
a) Health status of food producers and traders;
b) Knowledge and practice of food safety of food producers and traders.
Article 5. Responsibilities in Specifying Conditions Ensuring Food Safety
1. The Ministry of Health is responsible for issuing general requirements for food safety conditions as stipulated in Article 4 of this Decree.
2. Ministries managing specific sectors according to their assigned functions, tasks, and authorities in national management in the field of food safety are responsible for issuing detailed regulations on food safety conditions consistent with the Ministry of Health's regulations and other relevant laws.
PART 2
PROCEDURES AND AUTHORITY FOR INSPECTION OF IMPORT AND EXPORT FOOD SAFETY
Article 6. Food Safety Conditions for Imported Foods
Foods imported into Vietnam must meet the following conditions:
1. They have been issued a certificate of product standard declaration in accordance with Article 19 of this Decree.
2. They have a certificate confirming that they have passed food safety inspection requirements from the competent state agency of Vietnam. For food ingredients and food additives, the expiration date must still be more than two-thirds of the time indicated on the label from the date the consignment was imported into Vietnam.
3. Unprocessed animal and plant-based foods must be issued a quarantine certificate by the competent state agency of Vietnam in accordance with the law or international treaties to which the Socialist Republic of Vietnam is a party, if such treaties provide otherwise.
Article 7. Principles for Food Safety Inspection of Imported Foods
1. All raw materials, chemicals used in food processing, direct food contact packaging, imported food additives, and imported foods must undergo food safety inspection.
2. The following foods are not subject to food safety inspection:
a) Personal-use foods carried by individuals, personal-use items, diplomatic pouches, and consular pouches as provided by law;
b) Temporarily imported goods for re-export;
c) Transit foods;
d) Foods stored in bonded warehouses.
3. Imported foods confirmed to meet food safety requirements by an authorized organization of a country that has mutual recognition agreements with Vietnam regarding quality certification and recognition of quality management systems may be inspected if there are indications of violations of Vietnamese food safety laws.
4. Imported foods certified as meeting standards, and products of organizations and individuals producing and trading that have been certified to have food safety quality management systems compliant with Vietnamese standards or foreign standards, international standards permitted for application in Vietnam may have their frequency of food safety inspections reduced.
5. For subsequent shipments of the same type from the same origin, if five consecutive inspections previously met food safety requirements, only documentation will be reviewed, and the competent state authority may reduce the frequency or scope of inspections as stipulated in Clauses 2 and 3 of Article 11, and only random samples will be tested for these shipments.
6. During inspections, if there are indications of violations in the documentation or if random sample testing results do not meet food safety requirements, the competent state authority shall apply the regular inspection regime as specified in Clauses 1, 2, and 3 of Article 11.
Article 8. Documentation for Registration of Food Safety Inspection of Imported Foods
The documentation for registration of food safety inspection includes:
1. An inspection registration form (in accordance with the model prescribed by the competent state authority);
2. A basic standard announcement of the organization, household, or individual importing food;
3. A legal copy of the Bill of Lading;
4. A legal copy of the Invoice;
5. A legal copy of the Certificate of Origin;
6. A legal copy of the Packing List;
7. A legal copy of the Foreign Trade Contract;
8. A certificate of analysis results from a recognized laboratory or the manufacturer for products without a standard announcement;
9. A free sale certificate from the competent authority of the producing country for high-risk food products without a standard announcement.
Article 9. Responsibilities of organizations, households, and individuals importing food
Organizations, households, and individuals importing food (hereinafter referred to as the consignee) shall be responsible under Vietnamese law for ensuring hygiene and safety of imported food and must comply with the following requirements:
1. Before the goods arrive at the customs checkpoint, the consignee must register for food hygiene and safety inspection with the food hygiene and safety inspection agency (hereinafter referred to as the inspection agency).
2. Within the time period specified from when the food products are cleared through customs, the consignee must present the original food products along with the completed customs declaration dossier and other required documents to the inspection agency for the implementation of food hygiene and safety inspections at the location previously registered with the inspection agency.
3. Imported food products may only be cleared through customs if they have a registration certificate for food hygiene and safety inspection and may only be circulated once they receive a notification of compliance with import food hygiene and safety requirements.
Article 10. Responsibilities of the food hygiene and safety inspection agency
1. Upon receiving a valid registration dossier from the consignee, within the latest three days, the inspection agency must issue a food hygiene and safety inspection registration certificate, allowing the consignee to proceed with customs clearance procedures to bring the goods to a collection point with appropriate storage conditions. Subsequently, the inspection agency will conduct inspections according to the legal deadlines applicable to each type of food.
2. Issue a notification of inspection results to the consignee immediately upon receipt of the results.
3. In cases where imported food products fail to meet the hygiene and safety requirements, they may be recalled, recycled, repurposed, destroyed, or re-exported based on the decision of the competent state authority; the inspection agency will handle such cases in accordance with the law.
Article 11. Methods of inspecting imported food hygiene and safety
1. Document inspection: mandatory for all batches of goods registered for food hygiene and safety inspection.
2. Sensory inspection: in accordance with published product standards and regulations set forth in Vietnamese and industry-related standards.
3. Laboratory analysis method: carried out in accordance with the regulations of the Ministry of Health and relevant ministries and sectors for each type of food to establish a sampling plan for analysis. When there are signs of doubt regarding food safety, the inspection agency may take additional samples outside the established sampling plan to perform corresponding analytical methods.
4. Random testing of physical, chemical, and microbiological indicators upon request of the competent state authority.
Article 12. Authority for inspecting imported food hygiene and safety
1. The Ministry of Health shall lead and coordinate with specialized ministries to designate the food hygiene and safety inspection agency or recognized laboratories to carry out related tests.
2. The food hygiene and safety inspection agency designated in accordance with Clause 1 of this Article shall be responsible for inspecting the hygiene and safety of imported food.
Article 13. Food Safety Inspection for Exported Food Products
Clause 1. Exported food products must comply with food safety regulations as stipulated by the importing country.
Clause 2. Ministries responsible for specialized management shall be tasked with guiding detailed procedures, documentation, and authority for inspecting food safety for exported food products within their functions and assigned tasks.
PART 3
PROCEDURES AND AUTHORITY FOR ISSUING FOOD SAFETY COMPLIANCE CERTIFICATE FOR HIGH-RISK FOOD PRODUCTION AND DISTRIBUTION ESTABLISHMENTS
Article 14. The List of High-Risk Food Categories Includes the Following Groups:
Point 1. Meat and meat products;
Point 2. Milk and dairy products;
Point 3. Eggs and egg-based processed products;
Point 4. Fresh and processed seafood;
Point 5. Ice cream, ice, and natural mineral water;
Point 6. Functional foods, nutrient-enriched foods, dietary supplements, and food additives;.
Point 7. Ready-to-eat meals and beverages;
Point 8. Frozen foods;
Point 9. Soy milk and soy-based processed products;
Point 10. Fresh fruits and vegetables ready to eat.
Article 15. Procedures for Issuing Food Safety Compliance Certificate for High-Risk Food Production and Distribution Establishments
Clause 1. Organizations, households, and individuals producing and distributing high-risk food products must submit application documents to the competent state agency requesting issuance of the Food Safety Compliance Certificate for high-risk food production and distribution establishments (hereinafter referred to as the Certificate).
Clause 2. Application documents include:
Point a) Application form for the Certificate;
Point b) Business registration certificate (legal copy if available);
Point c) Description of facilities, equipment, and tools ensuring food safety conditions as prescribed by the competent state management agency;
Point d) Commitment to ensure food safety for raw materials and food products produced and distributed by the establishment;
Point đ) Health certificate of the establishment owner and direct producers and distributors of food products as prescribed by the Ministry of Health;
Point e) Training certificate on food safety knowledge of the establishment owner and direct producers and distributors of food products as prescribed by the competent state agency.
Clause 3. After receiving complete and valid application documents, the competent state agency must assess, conduct on-site inspections, and issue the Food Safety Compliance Certificate within 15 days. In case of non-issuance, the reasons must be clearly stated.
Article 16. Authority to Issue the Certificate
Clause 1. The Ministry of Health issues certificates for establishments producing and distributing functional foods, nutrient-enriched foods, dietary supplements, food additives, and natural mineral water.
Clause 2. State health agencies at provincial and municipal levels (Provincial Health Departments); district and county levels (People's Committees) issue certificates for establishments producing and distributing high-risk food products other than those specified in Clause 1 of this Article.
Clause 3. Competent state agencies will inspect and audit food safety conditions of food production and distribution establishments. If an establishment fails to meet food safety conditions, it will be handled according to the law.
PART 4
ANNOUNCEMENT OF FOOD SAFETY STANDARDS FOR PRODUCTS
Article 17. Announcement of food safety standards for products (referred to as product standard announcement)
1. Organizations and individuals engaged in food production and business with registered business licenses, and representatives of foreign companies and brands when bringing food products into circulation and consumption on the Vietnamese market must announce product standards. The certificate of product standard announcement is valid for three years from the date it is issued by the competent state authority.
2. Organizations and individuals engaged in food production and business with registered business licenses shall be responsible for announcing food safety standards:
a) Ensuring that the food they produce and sell comply with the announced food safety standards;
b) Implementing food safety regulations at their premises and being responsible for recalling, recycling, repurposing, destroying, or re-exporting food products produced and sold by them that do not meet food safety standards.
Article 18. Announcement Documents
1. For domestically produced food, the announcement documents include:
a) One copy of the product standard announcement as prescribed by the Ministry of Health, accompanied by two copies of the enterprise's own standards (stamped by the enterprise), including sensory criteria, physical and chemical criteria, microbiological criteria, heavy metals, food additives, shelf life, usage instructions, packaging specifications, storage methods, and production process according to the model prescribed by the Ministry of Health;
b) Test result certificates for major quality indicators and food safety indicators of the announced food products, which must be issued by an accredited laboratory or designated by the competent state management authority. For natural mineral water, there must also be a test result certificate for the water source;
c) A sample with attached labels and label content drafts complying with the labeling law (stamped by the enterprise);
d) Documentation confirming the enterprise's lawful right to use industrial property objects under protection (if applicable or required when the receiving agency detects signs of infringement);
2. For imported food, the announcement documents include:
a) As stipulated in point a, Clause 1 of this Article;
b) Test result certificates for major quality components and food safety indicators issued by the manufacturer with Good Manufacturing Practice (GMP) certification or by the authorized testing agency of the exporting country; if such certificates are unavailable, then certificates from designated inspection agencies or accredited laboratories in Vietnam must be provided;
c) Product labels and draft content for supplementary labels (stamped by the importing enterprise);
d) Free Sale Certificate or Health Certificate issued by the competent authority of the exporting country for food additives and processing aids;
3. For functional foods, nutrient-enriched foods, and supplements containing new biologically active substances, in addition to the product standards, the announcement documents must include Free Sale Certificates or Health Certificates; research and clinical trial results or published scientific documents regarding the efficacy and safety of the product; test results for quality, hygiene, and safety conducted by accredited laboratories or authorized inspection agencies in Vietnam designated by the Ministry of Health, or by manufacturers with GMP or Hazard Analysis and Critical Control Points (HACCP) certifications. If these agencies cannot conduct the tests, the results from authorized agencies or accredited laboratories in the exporting country or third countries may be used.
Article 19. Procedure for Accepting Notification Documents
The Ministry of Health and health authorities delegated by the Ministry of Health (Provincial Health Departments) shall accept notification documents and examine them in accordance with the provisions of the law. Within fifteen days from the date of receipt of the documents, these agencies shall be responsible for reviewing and if the product standard notification by the enterprise has been carried out in accordance with current regulations, they shall confirm on the Product Standard Notification Certificate and return one original set of documents to the enterprise (stamped by the Ministry of Health or the competent health authority).
Inform and guide enterprises to complete the notification documents if the content of the documents does not comply with the legal provisions on food safety hygiene.
Article 20. Responsibility for Confirming Product Standard Notifications
1. The Ministry of Health shall confirm product standard notifications of enterprises (manufacturers, importers, representatives of foreign enterprises) for the following products: bottled natural mineral water, cigarettes, functional foods, nutrient-enriched foods, supplementary foods, and imported food additives, processing aids, raw materials, or products that have undergone high-temperature processing.
2. Provincial Health Departments shall confirm product standard notifications of enterprises with production facilities located within their jurisdiction for products outside the scope specified in Clause 1 of this Article.
Chapter III
RESPONSIBILITIES FOR STATE MANAGEMENT OF FOOD SAFETY AND RESPONSIBILITIES IN PREVENTING AND MITIGATING FOOD POISONING AND FOOD-BORNE DISEASES
PART 1
STATE MANAGEMENT RESPONSIBILITIES
ON FOOD SAFETY
Article 21. Ministry of Health
1. Develop and promulgate legal normative documents, strategies, and policies on food safety hygiene either on its own authority or by submitting to the Government for promulgation; coordinate with relevant ministries and sectors to develop, promulgate, and certify domestic food products as meeting or conforming to food safety standards;
2. Take the lead and coordinate with relevant ministries and sectors to implement state management over food safety for food circulating in the market and imported food; organize the implementation of microbial contamination and chemical residue control in food (including food additives);
3. Take the lead and coordinate with relevant ministries and sectors in inspecting and supervising food safety;
4. Take the lead and coordinate with relevant ministries and sectors to organize the implementation of scientific and technological research, vocational training, international cooperation in the field of food safety; organize the implementation of information dissemination, publicity, and knowledge and legal education on food safety.
Article 22. Ministry of Agriculture and Rural Development
1. Implement state management over food safety for food products throughout the production process from cultivation, harvesting, production, processing, slaughtering, preservation, transportation until agricultural food products are put into circulation in the domestic market and exported; manage veterinary hygiene for animal-origin food products imported into Vietnam;
2. Take the lead and coordinate with the Ministry of Health to develop and promulgate guidance documents for implementing food safety management work as stipulated in Clause 1 of this Article.
Article 23. Ministry of Fisheries
1. Implement state management over food safety for aquatic products consumed domestically throughout the production process from cultivation, harvesting, processing, storage, transportation until the product is circulated on the market;
2. Manage food safety for exported aquatic food products and temporarily imported-reexported products;
3. Take the lead and coordinate with the Ministry of Health to develop and promulgate guiding documents for the implementation of food safety management work as stipulated in Clauses 1 and 2 of this Article.
Article 24. Ministry of Industry
1. Implement state management over food safety for food products throughout the production process of establishments under its jurisdiction according to assigned functions and tasks until the food product is circulated on the domestic market and exported;
2. Take the lead and coordinate with the Ministry of Health and relevant ministries and sectors to develop and promulgate guiding documents for the implementation of food safety management work as stipulated in Clause 1 of this Article.
Article 25. Ministry of Trade
1. Coordinate with the Ministry of Health and relevant ministries and sectors to implement state management over food circulating on the market according to assigned functions and tasks;
2. Coordinate with relevant ministries and sectors to conduct inspections and audits on food safety for food circulating on the market and imported food;
3. Take the lead and coordinate with relevant ministries and sectors to develop and promulgate legal normative documents regarding conditions for operating food service businesses, fresh food sales, and food processing; organize inspections on the implementation of these legal normative documents.
Article 26. Ministry of Science and Technology
1. Take the lead and coordinate with the Ministry of Health and relevant ministries and sectors to develop Vietnamese standards for food, procedures for recognizing and certifying food production and business establishments meeting quality standards;
2. Take the lead and coordinate with the Ministry of Health and relevant ministries and sectors to develop procedures for national inspection of food quality.
Article 27. Ministry of Culture and Information
Coordinate with the Ministry of Health and relevant ministries and sectors to disseminate knowledge and laws on food safety; regulations on advertising for food.
Article 28. Ministry of Finance
1. Take the lead and coordinate with the Ministry of Health to guide the collection and payment of fees and charges related to food safety;
2. Coordinate with the Ministry of Health and specialized ministries to inspect imported food according to customs laws and this Decree.
Article 29. People's Committees at all levels
1. Have the responsibility to coordinate with competent agencies specified in Articles 21, 22, 23, 24, 25, 26, 27, and 28 to implement state management over food safety within their jurisdictions throughout the production process from cultivation, harvesting, fishing, extraction, slaughtering, processing, storage, transportation until food reaches consumers; manage hygiene and safety for street food, markets, tourist areas, and festivals.
2. Direct propaganda, education, guidance on the implementation of legal normative documents on food safety. Organize inspections and audits on the implementation of food safety laws within their jurisdictions.
3. Direct departments and sectors in localities to build safe agricultural and food production and processing zones; establish community models participating in management and supervision of food safety assurance in localities.
PART 2
RESPONSIBILITIES IN PREVENTION AND REMEDY OF FOOD POISONING AND FOOD-BORNE DISEASES
Article 30. People's Committees at all levels
1. People's Committees at all levels shall be responsible for managing and directing activities to ensure food safety for food circulating within their jurisdiction;
2. In case of food poisoning or foodborne diseases, they must direct the investigation, remediation, and resolution of consequences promptly. If the situation exceeds their capacity, People's Committees at all levels shall report to higher-level People's Committees and relevant state management agencies responsible for food safety to coordinate in resolving and thoroughly mitigating the consequences caused by food poisoning and foodborne diseases within their jurisdiction.
Article 31. Ministry of Agriculture and Rural Development, Ministry of Fisheries
1. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall be responsible for managing and directing the implementation of good agricultural practices to ensure food safety for agricultural and aquatic products before they enter circulation on the market;
2. In case of food poisoning, they shall cooperate with People's Committees at all levels, the Ministry of Health, and related ministries and sectors to mitigate and resolve the consequences.
Article 32. Ministry of Industry
1. The Ministry of Industry and related sectors shall be responsible for managing and directing the production and processing of food in factories and enterprises to ensure that food products entering the market meet food safety standards;
2. In case of food poisoning, they shall cooperate with People's Committees at all levels, the Ministry of Health, and related ministries and sectors to mitigate and resolve the consequences.
Article 33. Ministry of Health
1. The Ministry of Health shall be responsible for issuing industry standards and regulations on food safety; inspecting and supervising the implementation of these standards and regulations, and organizing investigations to determine the source, meal, food, and cause of food poisoning, as well as organizing emergency treatment for food poisoning victims;
2. In case of food poisoning, they shall cooperate with related ministries and sectors and People's Committees at all levels to mitigate and resolve the consequences.
Article 34. Organizations, households, and individuals producing and trading in food
Organizations, households, and individuals engaged in the production and trade of food shall be responsible for complying with food safety regulations and requirements, including retaining food samples as required. When food poisoning or foodborne diseases occur due to food produced or traded by their establishment, they must immediately report to health authorities and local government to implement timely measures. Depending on the severity of the violation, they may be subject to administrative penalties or criminal liability, and if damage occurs, they must compensate according to the law.
Article 35. Other related agencies and organizations
Related ministries and sectors, mass media agencies, political-social organizations, social organizations, and occupational associations shall be responsible for coordinating to organize propaganda and education to raise awareness and promote good practices regarding food safety, proactively prevent food poisoning and foodborne diseases, and cooperate with the health sector to mitigate consequences when food poisoning occurs.
Article 36. Handling Food Poisoning Incidents
1. When a food poisoning incident occurs, it must be reported immediately to the nearest healthcare facility and local People's Committee. If it is a mass food poisoning incident involving many people or resulting in deaths, or if it occurs in two or more centrally governed provinces or cities, the first individual or organization to discover it must report immediately to the Department of Health for timely measures and remediation, while also reporting to the Ministry of Health.
2. The Ministry of Health shall stipulate the reporting system for food poisoning and foodborne diseases.
Chapter IV
INSPECTION AND SUPERVISION OF FOOD SAFETY
PART 1
FOOD SAFETY INSPECTION
Article 37. Inspection Authority
Within their functions, tasks, and powers as prescribed in Articles 21, 22, 23, 24, 25, 26, 27, 28, and 29 of this Decree, state management agencies on food safety shall have the responsibility to conduct regular and spot inspections of the implementation of laws on food safety.
Article 38. Content of Inspection
Inspect the conditions for food safety as prescribed in Section 1, Chapter II of this Decree, food safety standards, and legal provisions regarding food labeling and advertising.
Article 39. Responsibilities of the Inspected Entity
1. Appoint authorized personnel to work with the inspection team;
2. Provide complete information, documents, and reports promptly as required by the assigned inspector and bear legal responsibility for the provided information, documents, and reports;
3. Strictly comply with all requirements, recommendations, decisions, and conclusions of the inspection.
Article 40. Inspection Record
1. Upon completion of the inspection, the inspecting agency must prepare an inspection record. The record must be made in duplicate: one copy retained by the inspecting agency, one copy retained by the inspected entity;
2. The inspection record must contain signatures of representatives from both the inspection team and the inspected entity.
a) In cases where the inspected entity disagrees with the inspection conclusion, they have the right to reserve their position in the record and clearly state the reasons for disagreement with the conclusion in the record;
b) If the inspected entity does not sign the inspection record, the inspection team must note that "the representative of the inspected entity refused to sign the record." This record is valid when it has the signatures of all members of the inspection team.
3. In cases where violations are discovered during the inspection, the inspecting agency must prepare a violation record and transfer it to the competent authority for handling according to the law.
PART 2
SUPERVISION OF FOOD SAFETY
Article 41. Organization and Activities of Specialized Food Safety Supervision
The health inspectorate performs specialized supervision functions for food safety throughout the country. The organization and activities of specialized food safety supervision are carried out in accordance with Articles 46, 47, 48, and 49 of the Food Safety Ordinance, regulations of the State Inspectorate on health, and other relevant legal provisions.
Article 42. Responsibility for Conducting Food Safety Supervision
1. The Ministry of Health, in collaboration with the Ministry of Trade, the Ministry of Finance, and related ministries and sectors, conducts food safety supervision for food circulating in the market and imported food. The Ministry of Fisheries, the Ministry of Agriculture and Rural Development, and the Ministry of Industry are responsible for conducting food safety supervision during production for food under their jurisdiction. When signs of violations of food safety regulations are detected in organizations, households, or individuals, the Ministry of Health's inspectorate leads and collaborates with inspectorates of related ministries and sectors to supervise at various stages of food production.
2. People's Committees at all levels carry out food safety supervision within their assigned tasks and powers on their respective territories.
Chapter V
IMPLEMENTING PROVISIONS
Article 43. Effective Date
This Decree shall take effect fifteen days after its publication in the Official Gazette. Previous regulations that conflict with this Decree are hereby abolished.
Article 44. Responsibility for guiding implementation
The Ministry of Health shall take the lead and coordinate with relevant ministries and sectors to provide detailed guidance on the implementation of this Decree.
Article 45. Responsibility for Implementation
Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.
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