Circular No. 25/2010/TT-BNNPTNT guiding the inspection of food safety for imported goods of animal origin

CIRCULAR

Guidelines for the inspection of food safety and hygiene for imported goods of animal origin

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Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Ordinance on Food Safety and Hygiene No. 12/2003/PL-UBTVQH adopted by the Standing Committee of the National Assembly on July 26, 2003;

Pursuant to Ordinance on Veterinary Services No. 18/2004/PL-UBTVQH adopted by the Standing Committee of the National Assembly on April 29, 2004;

Pursuant to Decree No. 163/2004/ND-CP dated September 7, 2004 of the Government detailing the implementation of certain provisions of the Ordinance on Food Safety and Hygiene;

Pursuant to Decree No. 79/2008/ND-CP dated July 18, 2008 of the Government stipulating the system of organizations managing, inspecting, and testing for food safety and hygiene;‎inspection and testing for food safety and hygiene;

Pursuant to Decree No. 33/2005/ND-CP dated March 15, 2005 of the Government detailing the implementation of certain provisions of the Ordinance on Veterinary Services; Decree No. 119/2008/ND-CP dated November 28, 2008 of the Government amending and supplementing certain articles of Decree No. 33/2005/ND-CP dated March 15, 2005 of the Government detailing the implementation of certain provisions of the Ordinance on Veterinary Services;

The Ministry of Agriculture and Rural Development guides the implementation of the inspection of food safety and hygiene for imported goods of animal origin under the management of the Ministry of Agriculture and Rural Development as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular guides the inspection of food safety and hygiene (VSATTP) for imported goods of animal origin under the management of the Ministry of Agriculture and Rural Development, including: terrestrial animal products used for food; aquatic animal products used for food; responsibilities and authorities of related parties.

Article 2. This Circular does not regulate contents related to the quarantine of animals and animal products.

Article 2: Scope of Application

This Circular applies to organizations and individuals within and outside Vietnam engaged in the production and business of imported goods of animal origin used for food.

Article 3. Imported goods of animal origin that are not subject to VSATTP inspection:

1. Goods carried by persons for personal consumption, food gifts, diplomatic bags, consular bags as prescribed by law;

2. Transit goods;

3. Goods stored in bonded warehouses.

Article 4. Definitions

Article 20. In this Circular, the following terms shall be understood as follows:

1. Food safety and hygiene: Are the necessary conditions and measures to ensure that food does not harm the health and life of consumers.

2. Inspection of the food safety and hygiene control system: Is the inspection of the regulatory documents, organizational structure, and capacity of the food safety and hygiene control agency of the exporting country.

3. Imported consignment: Is the quantity of product registered for inspection at one time.

4. Inspection lot: Is the quantity of the same type of goods from the same production and business establishment registered for inspection at one time.

Article 5. Requirements for Imported Consignments

1. Must be produced by production and business establishments recognized by competent Vietnamese authorities as fully meeting the requirements for ensuring food safety and hygiene (VSATTP) as prescribed by Vietnam;

2. Each imported consignment must be accompanied by a Certificate of Compliance with VSATTP regulations issued by the competent authority of the exporting country (except in cases where seafood is directly sold to Vietnam from foreign fishing vessels engaged in catching and processing at sea);

3. An imported consignment may only be put into production or consumption in Vietnam after being inspected at the border or consolidation point by a Vietnamese inspection agency and receiving a certificate of compliance or notification of meeting VSATTP requirements.

Article 6. Inspection Principles

1. Conduct inspections of the exporting country: Inspect the exporting country's food safety control system and the conditions for ensuring food safety of production and business establishments registered for export to Vietnam;

2. All imported animal-origin food consignments must undergo registration file inspection, external inspection, and sensory inspection. Sampling for analysis of VSATTP indicators shall be carried out in accordance with Article 14 of this Circular.

Article 7. Basis for Inspection

1. The basis for inspection is the relevant Vietnamese regulations and national technical standards corresponding to each type of production establishment, product, or group of products registered for export to Vietnam.

2. In cases where Vietnam has signed bilateral agreements or accords with the exporting country, such international treaties shall be followed.

Article 8. Inspection and Supervision Agencies

1. Exporting country inspection agency: Mainly the Directorate of Quality Assurance for Forestry and Aquatic Products, in coordination with the Directorate of Animal Health and other relevant agencies.

2. Border inspection agency: Units under the Directorate of Animal Health or authorized by the Directorate of Animal Health.

3. Inspection agency at consolidation points and issuing certificates or notifications on quality and VSATTP:

a. For terrestrial animal products: Units under the Directorate of Animal Health or authorized by the Directorate of Animal Health.

b. For aquatic animal products: Units under the Directorate of Quality Assurance for Forestry and Aquatic Products or authorized by the Directorate of Quality Assurance for Forestry and Aquatic Products.

4. Inspection and supervision agencies for products circulating in the market:

a. Provincial and centrally-administered city Animal Health Sub-directorates implement inspection and supervision of imported terrestrial animal product consignments within the framework of the monitoring program stipulated in Circular No. 05/2010/TT-BNNPTNT dated January 22, 2010, issued by the Ministry of Agriculture and Rural Development guiding the inspection and supervision of agricultural products' food safety before they enter the market.

b. Provincial and centrally-administered city Quality Assurance for Forestry and Aquatic Products Sub-directorates or units assigned by provincial and centrally-administered city Departments of Agriculture and Rural Development to manage forestry and aquatic product quality conduct inspection and supervision of imported aquatic animal products within the framework of the monitoring program stipulated in Circular No. 56/2009/TT-BNNPTNT dated September 7, 2009, issued by the Ministry of Agriculture and Rural Development guiding the inspection and supervision of aquatic products' food safety before they enter the market.

Chapter II

FOOD SAFETY INSPECTION FOR EXPORTING COUNTRIES

Article 9. Registration Documents

The competent authority of the exporting country shall submit registration documents to the Directorate of Quality Assurance for Agriculture, Forestry and Fisheries, including:

- A list of production and business establishments applying for export to Vietnam according to the form prescribed in Appendix 1 attached hereto;

- Information on the management system and capacity of the competent authority of the exporting country regarding food safety control according to the form prescribed in Appendix 2 attached hereto;

- A summary of information on food safety assurance conditions of the production and business establishments according to the form prescribed in Appendix 3 attached hereto.

Article 10. Review of registration files

Within thirty working days from the date of receipt of complete registration documents of the production and business establishments submitted by the competent authority of the exporting country, the Directorate of Quality Assurance for Agriculture, Forestry and Fisheries shall take the lead in coordinating with the Animal Health Service to review the documents, notify the competent authority of the exporting country of the review results, and plan inspections if necessary for the exporting country to Vietnam.

Article 11. Content of inspection

1. Legal framework for management and food safety control;

2. Capacity of the food safety control agency of the exporting country;

3. Food safety assurance conditions of the production and business establishments applying for export to Vietnam.

Article 12. Inspection Methods

1. Initial inspection: Conduct an inspection of the food safety control system and food safety assurance conditions of the production and business establishments of the exporting country to be recognized for export to Vietnam.

2. Supervisory inspection: Conduct an inspection of the maintenance of the food safety control system of the exporting country and the food safety assurance conditions of the production and business establishments that have been recognized.

Article 13. Handling Inspection Results and Announcing List of Production and Business Establishments Permitted to Export to Vietnam

1. In cases where it is not necessary to conduct an actual inspection of the exporting country, the Directorate of Quality Assurance for Agriculture, Forestry and Fisheries shall announce the results along with the list of production and business establishments permitted to export goods to Vietnam.

2. In cases where an inspection of the exporting country is necessary, within thirty working days from the end date of the inspection at the exporting country, the Directorate of Quality Assurance for Agriculture, Forestry and Fisheries shall handle the inspection results and announce the inspection report along with the list of production and business establishments permitted to export goods to Vietnam.

In cases where the inspection results do not fully meet the requirements stipulated, the Directorate of Quality Assurance for Agriculture, Forestry and Fisheries shall notify and specify the specific reasons for those cases not being permitted to export goods to Vietnam.

3. In cases where there is a request to supplement the list of production and business establishments exporting goods to Vietnam, the competent authority of the exporting country shall submit the documents according to Article 9 of this Circular to the competent authority of Vietnam for consideration (document review or actual inspection at the exporting country) to supplement the list of production and business establishments permitted to export goods to Vietnam.

Chapter III

FOOD SAFETY INSPECTION OF IMPORTED LOT IN VIETNAM

Article 14. Content, procedure, and process for inspection

1. For batches of aquatic animal products: In accordance with the provisions of Decision No. 118/2008/QD-BNN dated December 11, 2008, issued by the Ministry of Agriculture and Rural Development on the regulations for inspection, certification of quality, and food safety of aquatic products; Circular No. 78/2009/TT-BNNPTNT dated December 10, 2009, issued by the Ministry of Agriculture and Rural Development on inspection, sampling, and testing of batches of aquatic products, and related legal provisions.

2. For batches of terrestrial animal products: In accordance with the provisions of Decision No. 86/2005/QD-BNN dated December 26, 2005, issued by the Ministry of Agriculture and Rural Development on the model of quarantine declaration forms for animals and animal products, veterinary hygiene inspection procedures; Decision No. 15/2006/QD-BNN dated March 8, 2006, issued by the Ministry of Agriculture and Rural Development on the procedures and processes for quarantine of animals and animal products, veterinary hygiene inspection; Circular No. 11/2009/TT-BNN dated March 4, 2009, issued by the Ministry of Agriculture and Rural Development amending and supplementing certain articles regarding the procedures and processes for quarantine of animals and animal products, veterinary hygiene inspection, promulgated according to Decision No. 15/2006/QD-BNN dated March 8, 2006, of the Ministry of Agriculture and Rural Development, and related legal provisions.

Article 15. Content of market surveillance inspection

1. Inspection of information on the origin of imported batches.

2. Inspection of storage conditions, division, packaging, and circulation on the market.

3. Sampling and sending to designated testing agencies for analysis of food safety indicators when signs of violation are detected or when there is suspicion about food safety, or upon request from specialized management bureaus.

Chapter IV

MEASURES FOR HANDLING VIOLATIONS OF FOOD SAFETY REGULATIONS

Article 16: For batches

1. Depending on the degree of violation of food safety regulations, they will be handled according to the provisions of the law and appropriate measures such as re-exportation or destruction will be applied.

2. Notify the competent authority of the exporting country to investigate the cause and take corrective actions.

Article 17: For production and business establishments

1. Prohibit export to Vietnam for production and business establishments whose supervision inspection results show that their food safety conditions do not fully comply with Vietnamese regulations.

2. Allow production and business establishments to resume exports to Vietnam if subsequent supervision inspection results show that their food safety conditions fully comply with Vietnamese regulations.

Article 18: For exporting countries

1. Suspend imports of products from the exporting country if supervision inspection results indicate that its food safety control system does not comply with Vietnamese regulations.

2. Permit the exporting country to resume exports to Vietnam if subsequent supervision inspection results show that its food safety control system fully complies with Vietnamese regulations.

Chapter V

FEES, CHARGES, AND EXPENSES FOR IMPLEMENTATION

Article 19. Fees and Charges

1. Border inspection agencies: Implement fees and charges for inspection and confirmation of registered import batches according to current regulations of the Ministry of Finance.

2. Agencies issuing certificates or notifications on product quality and food safety: Implement inspection fees and charges for issuing quality notification certificates for imported batches according to current regulations of the Ministry of Finance.

Article 20. Implementation Funding

1. Export country inspection travel expenses: Export country inspection travel expenses shall be funded from the state budget. The Directorate of Quality Assurance for Agricultural Products, Forestry Products and Aquatic Products shall be responsible for leading and coordinating with the Animal Health Service to develop plans and estimate annual implementation funding for inspections at the export country, to be submitted for approval by the competent authority.

2. Market-circulating product supervision inspection expenses: Expenses for implementing market-circulating product supervision inspections shall be funded from the state budget. The supervisory inspection agency shall be responsible for developing plans and estimating annual implementation funding, to be submitted for approval by the competent authority.

Chapter VI

IMPLEMENTATION

Article 21. Directorate of Quality Assurance for Agricultural Products, Forestry Products and Aquatic Products

1. Serve as the point of contact for receiving files on food safety assurance conditions for production and business establishments registered to export animal-origin goods to Vietnam from the competent authority of the exporting country; exchange information and coordinate with the competent authority of the exporting country to establish a plan for inspections, and submit to the Ministry for issuance of a decision to form an inspection team to conduct inspections in the exporting country.

2. Implement the publication of lists of production and business establishments (of the exporting country) meeting food safety assurance conditions for exporting animal-origin goods to Vietnam; production and business establishments suspended from exporting goods to Vietnam; warning information to the competent authority of the exporting country regarding batches not meeting food safety assurance conditions and requesting investigation of causes and corrective measures.

3. Lead and coordinate with the Animal Health Service to develop questionnaires requesting the competent authority of the exporting country to provide answers and information before conducting inspections in the exporting country.

4. Lead the development and implementation of plans and programs to inspect the food safety assurance control system and production and business establishments producing animal-origin aquatic products in the exporting country.

5. Directing and supervising subordinate units in activities related to inspecting VSATTP and issuing certificates of compliance with VSATTP requirements or notifying cases where imported shipments do not meet VSATTP requirements.

6. Lead and coordinate with the Animal Health Service to trace the causes of imported animal-origin goods used as food that do not meet food safety assurance conditions.

7. Directing subordinate units, according to their assigned tasks, to coordinate with functional agencies in handling and monitoring the implementation process for cases not meeting VSATTP requirements.

8. Guide provincial and centrally-administered city Quality Assurance for Agricultural Products, Forestry Products and Aquatic Products agencies or units assigned by the Department to perform food safety assurance supervision inspections of imported animal-origin aquatic products circulating in their jurisdictions.

9. Annually, or at any time (when required), report to the Ministry on the situation of food safety assurance inspections of imported animal-origin goods.

10. Annually, develop plans and budgets for food safety assurance inspections of imported goods according to assigned tasks for non-fee and non-service charge items, to be submitted for approval and funding by the Ministry of Agriculture and Rural Development.

Article 22. Animal Health Service

1. Coordinate with the Directorate of Quality Assurance for Agricultural Products, Forestry Products and Aquatic Products to implement inspections of the food safety assurance control system in the exporting country.

2. Lead the implementation of actual inspections of production and business establishments producing animal-origin goods on land in the exporting country.

3. Direct and supervise subordinate units in food safety assurance inspections and issue certificates of food safety assurance or notify cases where imported batches do not meet food safety assurance requirements.

4. Coordinate with the Directorate of Quality Assurance for Agricultural Products, Forestry Products and Aquatic Products to trace the causes of imported batches not meeting food safety assurance conditions.

5. Coordinate with the Directorate of Quality Assurance for Agricultural Products, Forestry Products and Aquatic Products to publish lists of production and business establishments meeting food safety assurance conditions for exporting goods to Vietnam; production and business establishments suspended from exporting animal-origin goods to Vietnam; warning information to the competent authority of the exporting country regarding batches not meeting food safety assurance conditions and requesting investigation of causes and corrective measures.

6. Direct subordinate units according to assignments to cooperate with functional agencies in handling and supervising the implementation process.

7. Guide provincial and centrally-administered city Animal Health Service agencies to perform food safety assurance supervision inspections of imported terrestrial animal-origin food products circulating in their jurisdictions.

8. Annually, or at any time (when required), submit reports on inspection results, issuance of certificates, and notifications about the quality of imported food products to the Directorate of Quality Assurance for Agricultural Products, Forestry Products and Aquatic Products for consolidation and reporting to the Ministry.

9. Annually, develop plans and budgets for food safety assurance inspections of imported goods according to assigned tasks for non-fee and non-service charge items, to be submitted for approval and funding by the Ministry of Agriculture and Rural Development.

Article 23. Departments of Agriculture and Rural Development of provinces and centrally governed cities

1. Direct the Animal Health Service, the Service for Quality Management of Forestry, Agricultural, and Fishery Products of provinces and centrally governed cities or units assigned by the Department to carry out inspection and supervision of food safety and hygiene (VSATTP) for imported animal-origin goods circulating within their jurisdiction in accordance with the guidance of relevant management agencies.

2. Direct subordinate units, as assigned, to cooperate with competent authorities in handling (destroying, re-exporting) and supervising the implementation process.

3. Annually, or at any time upon request, submit reports on the results of inspection and supervision of VSATTP for terrestrial animal products used as food to the Animal Health Service; aquatic animal products used as food to the Service for Quality Management of Forestry, Agricultural, and Fishery Products for consolidation and reporting to the Ministry.

4. Annually, develop plans and budget estimates for the implementation of inspection and supervision of VSATTP for imported animal-origin goods according to assigned tasks, submit them for approval by the competent authority, and allocate funds.

Article 24. Responsibilities of the Shipper:

1. Create conditions for inspection officers to perform their duties of inspecting, sampling, and analyzing, and supervising goods in accordance with regulations.

2. Only release the consignment for circulation after receiving certification or notification of compliance with food safety and hygiene requirements issued by the competent authority in accordance with regulations.

3. Comply with decisions on handling (destroying, re-exporting) and be subject to supervision by the competent authority.

4. Provide relevant documentation and samples to support inspection work and traceability.

5. Pay inspection fees and charges in accordance with current regulations of the Ministry of Finance and settle actual costs incurred in handling non-compliant consignments.

Article 25. Responsibilities of the Inspection Team in the Exporting Country:

1. Conduct inspections of the food safety control system and conditions ensuring food safety of production and business establishments in the exporting country after the Ministry of Agriculture and Rural Development issues a decision establishing the inspection team.

2. Coordinate with the competent authority of the exporting country to implement inspection contents.

3. Report the results of inspections of the food safety control system and food production and business establishments of animal origin from the exporting country to the Ministry of Agriculture and Rural Development no later than fifteen days from the end date of the inspection in the exporting country.

Chapter VII

IMPLEMENTING PROVISIONS

Article 26. Effective date

This Circular takes effect from July 1, 2010.

Article 27. Amendments and Supplements

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