Joint Circular No. 18/2005/TTLT-BYT-BTM on the relationship and coordination in the implementation of state management functions regarding food safety and hygiene

JOINT CIRCULAR

On cooperation in performing state management functions

on food hygiene and safety

To implement the Food Hygiene and Safety Ordinance No. 12/2003/PL-UBTVQH11 dated July 26, 2003 and Decree No. 163/2004/NĐ-CP dated September 7, 2004 of the Government detailing certain provisions of the Food Hygiene and Safety Ordinance, the Ministry of Health and the Ministry of Trade hereby stipulate the cooperative relationship between the two Ministries in performing state management functions on food hygiene and safety as follows:

Chapter I. COOPERATION IN IMPLEMENTATION

1. On policy formulation, regulatory documents issuance, and certification issuance

a) Ministry of Health:

- Take the lead and coordinate with relevant ministries and sectors to formulate and issue general regulatory documents on conditions for ensuring food hygiene and safety for food production and business establishments, food service establishments, fresh food trading, and processing; specify food hygiene and safety conditions for domestically produced and imported foods intended for consumption in Vietnam; provide detailed guidance on labeling for prepackaged foods.

- Specify the content and procedures for inspection, designate inspection agencies or laboratories recognized to conduct related tests on food hygiene and safety for imported foods. - Issue certificates of compliance with food hygiene and safety conditions for food production and business establishments with high risk. - Issue certificates of product standard declaration for domestically produced and imported foods intended for consumption in Vietnam.

b) Ministry of Trade:

- Take the lead and coordinate with relevant ministries and sectors to formulate and issue regulatory documents on conditions for food service business operations; conditions for trading (buying, selling, transporting) fresh food and processed food. - Take the lead and coordinate with relevant ministries and sectors to formulate and issue regulatory documents on supervision and inspection to prevent the production and sale of counterfeit, expired, and unhygienic imported foods, and violations of labeling laws.

2. On supervision and inspection

a) Ministry of Health:

- Take the lead or coordinate with relevant ministries and sectors to supervise and inspect the implementation of quality and food hygiene and safety standards announced by food production and business establishments or national standards; the implementation of specialized regulations on food hygiene and safety for goods and food production and business establishments with high risk.

- Take the lead or coordinate with relevant ministries and sectors to supervise and inspect collective dining facilities, food service establishments, street food vendors, restaurants, and hotels in their implementation of food hygiene and safety conditions (facilities, equipment, personnel); investigate the causes of food poisoning incidents in public food service establishments when they occur.

- Take the lead to supervise and inspect the specialized contents on food hygiene and safety (composition, structure, quality, function, effect, usage instructions) stated on food product labels and in food product advertisements according to the law.

b) Ministry of Trade:

- Take the lead or coordinate with relevant ministries and sectors to inspect goods circulating in the market regarding the implementation of quality management regulations; labeling regulations; inspect and control counterfeit, substandard, expired, and unhygienic imported goods and food products violating intellectual property laws.

- Take the lead or coordinate with relevant ministries and sectors to inspect the implementation of conditions for food service business operations and conditions for trading (buying, selling, transporting) fresh food and processed food.

3. On information exchange, documents Two Ministries shall regularly cooperate in providing and exchanging necessary information to serve the management of food quality and hygiene and safety according to each sector's responsibilities, including:

a) Policies, measures, regulatory documents, and technical materials related to food quality and hygiene and safety management.

b) Market situation and forecasts for domestic and imported food products and those circulating in the market that do not meet hygiene and safety standards.

c) Compliance with food hygiene and safety laws by food production and business establishments, food service establishments, hotels, and restaurants.

d) Information about each sector's activities in implementing state management responsibilities for food hygiene and safety during specific periods.

4. On publicity, training, and education

a) The Ministry of Health is the leading agency responsible for organizing publicity, education, training, and education to raise awareness among food production and business establishments and consumers about complying with food hygiene and safety laws. The Ministry of Trade is responsible for coordinating with the Ministry of Health in implementing these tasks upon request.

b) The Ministry of Health is responsible for coordinating with the Ministry of Trade to organize training and dissemination of regulatory documents and professional skills related to food hygiene and safety management for market management forces at the request of the Ministry of Trade.

5. On testing and appraisal organization

a) The Ministry of Health will develop and disseminate sampling procedures and methods for food hygiene and safety inspections; direct and announce the names and addresses of agencies and units authorized to conduct appraisals and tests accurately and promptly to support market management agencies at all levels in handling violations of food hygiene and safety laws.

b) The Ministry of Trade is responsible for directing market management agencies at all levels to carry out sampling for appraisal and testing in accordance with regulations.

6. Regarding the organization of inter-ministerial inspection and supervision teams In accordance with the responsibilities of each sector, the two Ministries shall proactively organize and direct the implementation of inspection and supervision work on compliance with food safety laws and handling violations within their respective jurisdictions. In certain specific cases, coordination is necessary as follows:

a) At the request of the main organizing body for inspections and supervision, the coordinating party shall dispatch staff and arrange means to participate in inter-ministerial inspection and supervision teams.

b) When food poisoning occurs or there is a risk of food poisoning, the Ministry of Health shall take the lead in coordinating with relevant Ministries and sectors to conduct inspections and supervision to prevent, determine the cause of food poisoning, and treat patients. If the food poisoning is determined to be caused by goods circulating in the market that do not meet food safety standards, the Ministry of Trade shall take the lead in directing inspections and supervision to prevent and handle violations according to the law.

c) During peak periods such as Food Safety Month, Tet Holiday, Mid-Autumn Festival, festivals, important sports and political events, when necessary, the two Ministries will coordinate with related Ministries and sectors to assign responsibilities and organize inter-ministerial working groups or inter-ministerial inspection and supervision teams to urge, direct, and inspect sectors, levels, production and business establishments in implementing food safety laws. The Ministry assigned the lead responsibility shall be responsible for developing plans and cooperation schemes for inter-ministerial inspections, issuing decisions to establish inter-ministerial inspection teams after reaching consensus among Ministries and sectors; compiling the situation and results to report to the leadership of the two Ministries and related sectors.

d) For violations of food safety laws within the jurisdiction of any agency, the head of that agency shall decide on the handling according to the law and bear responsibility for their decision. For complex cases involving specialized knowledge or the application of policies and laws under the responsibility of another Ministry, the competent authority shall proactively seek opinions from that Ministry to handle violations in accordance with the law. The Ministry sought for opinion shall be responsible for reviewing and responding to the requesting agency's requirements.

Chapter II. IMPLEMENTATION ORGANIZATION

1. Responsibilities for organizing and implementing

a) The Ministry of Health assigns the Food Safety Agency to act as the focal point for guiding the implementation of Decree No. 163/2004/NĐ-CP dated September 7, 2004, of the Government detailing the implementation of certain provisions of the Food Safety Ordinance and this Circular; assigns the Ministry of Health Inspectorate to cooperate with the Food Safety Agency in organizing and directing the implementation of food safety inspection and supervision work.

b) The Ministry of Trade assigns the Domestic Market Policy Department to take the lead, in coordination with the Market Management Bureau and the Import-Export Department, to study and develop regulatory documents to guide the implementation of Decree No. 163/2004/NĐ-CP dated September 7, 2004, of the Government detailing the implementation of certain provisions of the Food Safety Ordinance and this Circular; assigns the Market Management Bureau to organize and direct the implementation of inspection and control work for domestically produced food products, imported food products circulating in the market, and conditions for operating catering services, fresh food sales, and processing.

c) Provincial Departments of Health, Commerce, and Market Management Bureaus have the responsibility to organize cooperative relationships in carrying out state management functions regarding food safety in their respective areas in accordance with the provisions of Decree No. 163/2004/NĐ-CP dated September 7, 2004, of the Government detailing the implementation of certain provisions of the Food Safety Ordinance and this Circular.

2. Effective Date

This Circular shall take effect fifteen days after its publication in the Official Gazette.

During implementation, if difficulties arise, units shall report to the Ministry of Health (Food Safety Agency, Ministry of Health Inspectorate) and the Ministry of Trade (Domestic Market Policy Department and Market Management Bureau) for joint consideration and decision.