Circular No. 17/2018/TT-BNNPTNT stipulates the management method for ensuring food safety conditions for agricultural, forestry, and aquatic production and business establishments that do not fall under the issuance of Food Safety Condition Certification under the jurisdiction of the Ministry of Agriculture and Rural Development.

CIRCULAR
Article 24stipulating the method for managing food safety assurance conditions
for for agricultural, forestry, and aquatic production and business establishments not subject to issuance of a Food Safety Assurance Certificate
under management
within the scope of management of the Ministry of Agriculture and Rural Development

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Food Safety Law 2010 and the Government Decree No. 15/2018/NĐ-CP dated February 22, 2018 detailing implementation of certain provisions of the Food Safety Law; The Minister of Agriculture and Rural Development promulgates this Circular stipulating

At the proposal of the Director of the Directorate for Quality Assurance of Agricultural Products, Forestry Products and Aquatic Products,

the method for managing food safety assurance conditions for agricultural, forestry, and aquatic production and business establishments not subject to issuance of a Food Safety Assurance Certificate under the management of the Ministry of Agriculture and Rural Development. for This Circular stipulates the method for managing food safety assurance conditions for agricultural, forestry, and aquatic production and business establishments not subject to issuance of a Food Safety Assurance Certificate under the management of the Ministry of Agriculture and Rural Development. 

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. The establishments not subject to issuance of a Food Safety Assurance Certificate as prescribed in points a, b, c, d, đ Clause 1 Article 12 of Government Decree No. 15/2018/NĐ-CP dated February 22, 2018 detailing implementation of certain provisions of the Food Safety Law include:

Article 2. Applicability

b) Production and business of food without a fixed location, except fishing vessels with a maximum length of 15 meters or more;

a) Small-scale primary production;

Article 2. Relevant agencies, organizations, and individuals related to the establishments mentioned in Article 1 of this Decree.

c) Small-scale processing;

d) Small-scale food business;

đ) Business of pre-packaged food;

(hereinafter referred to as the establishment).

MANAGEMENT METHOD FOR FOOD SAFETY ASSURANCE CONDITIONS FOR AGRICULTURAL, FORESTRY AND AQUATIC PRODUCTION AND BUSINESS ESTABLISHMENTS NOT SUBJECT TO ISSUANCE OF A FOOD SAFETY ASSURANCE CERTIFICATE

Chapter II
Article 3. Management Method
The management method for food safety assurance conditions for agricultural, forestry, and aquatic production and business establishments not subject to issuance of a Food Safety Assurance Certificate shall be implemented through organizing signing of commitments, inspecting compliance with committed contents, and handling establishments violating their commitments.
Article 4. Organizing Signing of Commitments
ESTABLISHMENT MEETS FOOD SAFETY REQUIREMENTS

1. The agency assigned to manage shall disseminate and guide on safe food production and business practices and organize the signing of safe food production and business commitment forms by the establishments specified in Clause 1 Article 2 of this Circular.

2. Content of the commitment form: according to Model I attached to this Circular.

3. Duration of signing commitment: once every three years.

Article 5. Inspection of Compliance with Committed Contents

1. Inspection of compliance with committed contents of the production and business establishments specified in Clause 1 Article 2 of this Circular: The agency assigned to manage shall conduct inspections according to annual inspection plans approved by People's Committees at all levels. Inspection records shall follow Model II attached to this Circular.

2. Spot checks: The agency assigned to manage shall conduct spot checks when there are food safety incidents or upon directives from higher-level agencies.

Article 6. Handling Establishments Violating Commitments

1. For establishments violating commitments for the first time: The agency assigned to manage shall remind the establishment to comply with the commitment.

2. For establishments violating commitments for the second time: The agency assigned to manage shall publicly announce that the establishment has failed to comply with its commitment to produce and sell safe food.

3. For establishments violating commitments causing serious consequences or for establishments violating commitments from the third time onwards: Depending on the severity of the violation, the agency assigned to manage shall recommend competent authorities to handle the violations according to current laws.

1. For establishments violating the commitment for the first time: The assigned management agency shall remind the establishment to comply with the commitment.

2. For establishments violating the commitment for the second time: The assigned management agency shall publicly announce that the establishment has not properly fulfilled its commitment regarding safe food production and business.

3. For establishments causing serious consequences due to violation of the commitment or for establishments violating the commitment from the third time onwards: Depending on the level of violation, the assigned management agency shall recommend the competent authority to handle the violation in accordance with current laws.

Chapter III
IMPLEMENTATION

Article 7. Provincial People's Committees and Municipal People's Committees under the Central Government

1. Assign and decentralize management agencies for agricultural, forestry, and aquatic production and business establishments not subject to issuance of Food Safety Certification.

2. Direct the Department of Finance and relevant departments to advise on and allocate resources and funds for managing agricultural, forestry, and aquatic production and business establishments not subject to issuance of Food Safety Certification at the local level.

Article 8. Departments of Agriculture and Rural Development of provinces and municipalities under the Central Government

1. Advise the provincial People's Committee to stipulate the management agencies for agricultural, forestry, and aquatic production and business establishments not subject to issuance of Food Safety Certification within their jurisdiction.

2. Direct and guide the implementation of this Circular on the provincial territory; provide training and guidance to the assigned management agencies to perform their tasks.

3. Report the results of implementing this Circular to the Ministry of Agriculture and Rural Development (through the Directorate of Quality Assurance of Agricultural Products and Aquatic Products) according to the current reporting system.

Article 9. Agencies assigned to manage agricultural, forestry, and aquatic production and business establishments not subject to issuance of Food Safety Certification

1. Popularize and guide safe food production and business practices and organize for agricultural, forestry, and aquatic production and business establishments not subject to issuance of Food Safety Certification within their jurisdiction to sign commitments to produce and sell safe food.

2. Develop inspection plans for the fulfillment of committed contents by agricultural, forestry, and aquatic production and business establishments not subject to issuance of Food Safety Certification for approval by the respective People's Committees and allocation of funding.

3. Inspect the fulfillment of committed contents by agricultural, forestry, and aquatic production and business establishments not subject to issuance of Food Safety Certification according to the approved plan.

4. Publicly announce on local mass media the list of agricultural, forestry, and aquatic production and business establishments not subject to issuance of Food Safety Certification that fail to comply with the commitment to produce and sell safe food.

5. Systematically archive all related files concerning the inspection of the fulfillment of committed contents by agricultural, forestry, and aquatic production and business establishments not subject to issuance of Food Safety Certification.

6. Report the results of implementing this Circular to the Department of Agriculture and Rural Development (through the Sub-Department of Quality Assurance of Agricultural Products and Aquatic Products or other units designated by the Department of Agriculture and Rural Development) according to the current reporting system.

Article 10. Directorate of Quality Assurance of Agricultural Products and Aquatic Products

1. Guide the implementation of this Circular nationwide.

2. Compile and report the results of implementing this Circular to the Ministry of Agriculture and Rural Development.

Article 11. Agricultural, forestry, and aquatic production and business establishments not subject to issuance of Food Safety Certification

1. Fully comply with all committed contents regarding safe food production.

2. Provide relevant information when there are signs of violations causing food safety issues and accept inspections by state management agencies.

Chapter IV
IMPLEMENTING PROVISIONS

Article 12. Effective Date

1. This Circular takes effect from January 1, 2019.

2. This Circular replaces Circular No. 51/2014/TT-BNNPTNT dated December 27, 2014, issued by the Minister of Agriculture and Rural Development, stipulating food safety assurance conditions and management methods for small-scale initial production establishments.

Article 13. Amendment and supplementation

During the implementation of this Circular, if there are difficulties or obstacles, agencies and units shall report to the Ministry of Agriculture and Rural Development for consideration of amendment and supplementation./.