Joint Circular No. 24/2005/TTLT/BYT-BTS guiding the division of responsibilities and coordination in state management of food safety for aquatic products

JOINT CIRCULAR

Guidelines for the Allocation and Coordination of State Management

on Food Safety for Aquatic Products

Pursuant to Ordinance No. 12/2003/PL-UBTVQH11 on Food Safety and Hygiene 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 the Ordinance on Product Quality dated December 24, 1999;

Pursuant to Decree No. 179/2004/NĐ-CP dated October 21, 2004 of the Government stipulating state management of product and goods quality;

Pursuant to Decree No. 43/2003/NĐ-CP dated May 2, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Fisheries;

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;

The Ministry of Health and the Ministry of Fisheries provide guidelines for the allocation and coordination in performing state management functions regarding food safety for aquatic products as follows,

I. GENERAL PROVISIONS:

1. Scope and Objects of Management:

a) The Ministry of Fisheries shall be responsible for state management over the quality and food safety of aquatic products, including breeding; harvesting; preserving and transporting raw materials to production facilities; processing; preserving finished products for wholesale distribution in the domestic market or export; imported raw materials for processing; temporarily imported aquatic products for re-export or transit.

b) The Ministry of Health shall be responsible for state management over the quality and food safety of aquatic products during circulation from the wholesale stage and consumption in the domestic market based on product standards published by processing facilities and certificates of quality and food safety according to the regulations of the Ministry of Fisheries.

2. In this Circular, certain terms are understood as follows:

a) Aquatic Product are a product derived from living animals and plants in water and amphibians, including eggs and parts thereof (excluding mammals living in water) used as food or food preparations containing aquatic products.

b) Temporary Importation for Re-Export of Aquatic Products refers to the act of a Vietnamese trader purchasing goods from a foreign trader and bringing them to Vietnam (without undergoing processing or repackaging) to sell to another foreign trader, with the goods undergoing import procedures into Vietnam and then export procedures out of Vietnam.

Temporary importation for re-export is carried out based on purchase and sale contracts. The purchase contract may be signed before or after the sale contract.

c) Imported Aquatic Product refers to an aquatic product imported for direct consumption in the domestic market without any processing, manufacturing, or repackaging activities.

d) Imported Raw Material for Aquatic Products refers to aquatic products; finished products; or semi-finished aquatic products imported as raw materials for processing aquatic products.

II. ALLOCATION 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 Fisheries and relevant Ministries and Sectors to develop national strategies, policies, planning, and programs on food safety for each period and submit them to the competent authority for approval.

b) Based on the approved national strategies, policies, planning, and programs on food safety for each period, the Ministry of Fisheries shall take the lead and coordinate with the Ministry of Health to develop and implement strategies, policies, planning, and programs on the quality and food safety of aquatic products within their scope.

2. Issuance and Implementation of Legal Instruments on Quality and Food Safety

a) The Ministry of Health shall take the lead and coordinate with the Ministry of Fisheries and relevant Ministries and Sectors to draft, submit for issuance, or issue within its competence general requirements for ensuring food safety conditions for food production and business establishments; food safety requirements for food products; general knowledge requirements on food safety and health standards for personnel directly handling food. Organize health examinations for food processing personnel in accordance with the law.

b) The Ministry of Fisheries shall take the lead in drafting and issuing regulations on ensuring food safety conditions for aquatic product production and business establishments; quality and food safety requirements for aquatic products; organize training on aquatic product food safety knowledge for relevant entities within the scope allocated at Section I.1.a in accordance with the regulations of the Ministry of Health.

3. Inspection and Issuance of Certificates of Compliance with Food Safety Conditions for Aquatic Product Production and Business Establishments

a) The Ministry of Fisheries shall be responsible for inspecting and issuing certificates of compliance with food safety conditions for aquatic product production and business establishments. Every six months, the Ministry of Fisheries shall notify the Ministry of Health of the list of aquatic product production and business establishments that meet food safety conditions.

b) In cases where necessary, the Ministry of Health shall take the lead and coordinate with the Ministry of Fisheries to conduct spot inspections and audits of food safety conditions for domestic aquatic product production and business establishments.

4. Inspection and Certification of Quality and Food Safety of Aquatic Products

a) The Ministry of Fisheries shall be responsible for organizing systems to inspect and certify the quality and food safety of: exported aquatic products, imported raw materials for processing, temporarily imported aquatic products for re-export (if required by the importing market), in accordance with legal provisions.

b) The Ministry of Health shall be responsible for inspecting and certifying the quality and food safety of imported aquatic products consumed directly in the domestic market; organizing systems to inspect the quality and food safety of aquatic products consumed directly by consumers in the domestic market.

5. Management of Chemicals and Additives Used in Aquatic Product Processing

a) The Ministry of Health shall take the lead and coordinate with the Ministry of Fisheries and relevant Ministries and Sectors to establish a list of permitted food additives, processing aids, cleaning chemicals, and disinfectants for use in food production and processing.

b) The Ministry of Health shall inspect and ensure compliance with quality and food safety regulations for domestically produced and imported food additives, processing aids, cleaning chemicals, and disinfectants used in food production and processing.

c) Based on the provisions of the State and the results of quality and food safety inspections conducted by the Ministry of Health for food additives, processing aids, cleaning chemicals, and disinfectants used in food production, the Ministry of Fisheries shall guide their implementation and monitor their application in seafood production and processing.

6. Management of testing systems and food safety assurance systems for seafood:

a) Management of testing systems:

Based on general requirements set by the State, the Ministry of Health will coordinate with the Ministry of Science and Technology to establish general requirements regarding conditions, capabilities, and testing and recognition procedures for units involved in food quality and safety testing.

b) Management of food safety assurance systems for seafood:

- The Ministry of Health shall issue regulations on the application of food safety assurance systems for various types of food production and business operations.

- The Ministry of Fisheries shall specify the timeline for applying and organizing the implementation of food safety assurance systems for seafood production and business establishments.

7. Announcing product standards for domestically consumed seafood products:

The Ministry of Health and provincial/municipal health departments shall be responsible for confirming the announcement of product standards for domestically consumed seafood products from seafood production and business establishments. Every six months, the Ministry of Health shall notify the Ministry of Fisheries; provincial/municipal health departments shall notify the provincial/municipal fisheries department/agriculture and rural development department managing fisheries about the results of confirming the announcement of product standards for domestically consumed seafood products.

8. Organizing publicity and 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 Fisheries shall take the lead, coordinating with the Ministry of Health to develop programs and implement the publicity and dissemination of knowledge and laws on food safety for seafood production and business establishments.

9. 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) Provincial/Municipal People's Committees shall take the lead, coordinating with the Ministry of Health, the Ministry of Fisheries, and relevant ministries and sectors to resolve and address consequences when food poisoning occurs due to seafood.

c) The Ministry of Fisheries shall take the lead, coordinating with the Ministry of Health to develop and implement plans for the prevention of seafood-related food poisoning and foodborne diseases.

10. Inspection, handling complaints and reports:

a) The Ministry of Fisheries shall take the lead in inspecting and handling complaints and reports related to seafood food safety within the scope defined in Section I.1.a of this Circular.

b) The Ministry of Health shall take the lead, coordinating with the Ministry of Fisheries to inspect seafood production and business establishments if there are serious violations of food safety laws.

III. 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 Fisheries assigns the Quality Control, Food Safety, and Aquatic Animal Health Management Agency as the main agency to organize and implement this Circular.

3. Annually, in December, leaders of both Ministries shall convene to evaluate the year's activities and agree on a coordinated work plan for the following year.

IV. EFFECTIVE DATE OF IMPLEMENTATION

This Circular shall take effect fifteen days after its publication in the Official Gazette. Previous regulations that conflict with this Circular are hereby abolished.

During the implementation of this Circular, if difficulties arise, they should be reported to the Ministry of Health or the Ministry of Fisheries for timely coordination and resolution by the two ministries./.