Circular No. 27/2017/TT-BNNPTNT guiding the inspection of quality and food safety for imported salt

CIRCULAR

Guidelines for Quality and Food Safety Inspection of Imported Salt                                                                    

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;

BASED ON THE LAW ON PRODUCT QUALITY 2007;

Pursuant to the Food Safety Law 2010;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality;

Pursuant to Decree No. 38/2012/NĐ-CP dated April 25, 2012 of the Government detailing certain provisions of the Food Safety Law;

Pursuant to Decree No. 09/2016/NĐ-CP dated January 28, 2016 of the Government concerning the fortification of micronutrients in food;

Pursuant to Decree No. 40/2017/NĐ-CP dated April 5, 2017 of the Government on management of salt production and business;

At the request of the Director of the Department of Cooperative Economy and Rural Development,

The Minister of Agriculture and Rural Development issues this Circular guiding quality and food safety inspection of imported salt.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular stipulates the contents and procedures for quality and food safety inspection of imported salt under the responsibility of the Ministry of Agriculture and Rural Development.

Article 2. The importation of salt in the following cases is not within the scope of this Circular and shall be carried out in accordance with current management regulations:

a) Salt products in transit, transshipment, through transport, temporary import for re-export, stored in bonded warehouses, temporarily imported for sale at duty-free shops.

b) Salt products imported solely for export production or internal processing for foreign traders.

c) Salt products brought into the country by individuals for personal consumption, gifts, or presents within the tax-exempt limit.

d) Samples for testing or research purposes in quantities appropriate to such purposes, confirmed by the importer organization or individual.

đ) Products for exhibition at trade fairs or exhibitions; pure chemicals (P) used as chemical reagents; cosmetic salt and ornamental fish salt.

Article 2. Applicability

This Circular applies to organizations and individuals both inside and outside the country importing salt (hereinafter referred to collectively as the importer); and organizations and individuals involved in the inspection of quality and food safety of imported salt.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Salt (including table salt and salt that has been altered): is a compound with the main component being Sodium Chloride (chemical formula: NaCl), produced from seawater, underground brine, or extracted from salt mines.

2. Edible salt (food salt) with HS code 2501.00.10: is iodized salt intended for direct consumption and food preparation, with iodine content according to National Technical Regulation QCVN 9-1:2011/BYT.

3. Industrial salt: is salt produced from salt pans with HS code 2501.00.99 or extracted from salt mines with HS code 2501.00.20, with content according to standard TCVN 9640:2013.

4. Refined salt with HS code 2501.00.92: is salt that has been processed, with content according to standard TCVN 9639:2013.

5. Batch of imported salt: is a collection of a type of salt determined by quantity, having the same name, function, brand, type, technical characteristics, produced by the same manufacturing facility and included in the same import dossier.

6. Laboratory meeting VILAS standards in the field of chemistry: is a laboratory that meets the conditions according to ISO/IEC 17025:2005 standard, evaluated and granted a VILAS Laboratory Certification in the field of chemistry by the Quality Recognition Office - Ministry of Science and Technology, with sodium chloride (salt) as the test object (the list is published on the website www.boa.gov.vn for importers to choose testing services for product and goods quality control).

7. Random sampling: A sample taken using simple random sampling method. Each product in the batch of imported salt has an equal chance of being selected for testing. The combined set of individual random samples (composite sample) will be randomly divided for testing and retained samples.

Article 4. Basis for inspection

1. For the import of edible salt (table salt): National Technical Regulation QCVN 9-1:2011/BYT of the Ministry of Health for iodized salt.

2. For the import of refined salt: National Standard TCVN 9639-2013 refined salt (sodium chloride).

3. For the import of industrial salt: National Standard TCVN 9640-2013 industrial salt (sodium chloride).

4. For the import of various types of salt specified in Clauses 1, 2, and 3 of this Article: Heavy metal indicators in salt according to National Technical Regulation QCVN 8-2:2011/BYT for heavy metal contamination limits in food.

Article 5. Inspection Authority

The inspection authority shall be directed and assigned tasks by the Department of Agriculture and Rural Development of provinces and centrally governed cities to implement inspections and supervision over imported salt products of importers according to the provisions of this Circular.

Article 6. Quality of Imported Salt

Types of imported salt belonging to Group 2501 under the Export Tax Tariff and Import Tax Tariff issued by the Ministry of Finance must meet quality standards consistent with the quality technical regulations for imported salt as stipulated in Article 4 and Appendix I attached to this Circular.

Article 7. Inspection Methods and Sample Testing, Retention

1. Strict inspection methods involve reviewing documentation, taking samples, and testing the quality indicators of imported salt as prescribed in Article 4 and Appendix I of this Circular, applicable in any of the following cases:

a) The importer imports salt for the first time or the imported salt did not meet quality requirements at the previous inspection.

b) Salt is imported from an overseas processing facility and the inspection authority has been informed or has information indicating that the imported salt is located in an area with pollution sources or dangerous pathogens that could infect humans.

c) After a period of 12 months from when the reduced inspection method was applied as stipulated in point a, Clause 2 of this Article.

d) The periodic or spot-check results on the quality and food safety of imported salt do not meet quality requirements.

đ) The Certificate of Conformity for the quality of imported salt, which complies with the corresponding national technical regulation, issued by the competent authority of Vietnam has expired.

2. Reduced inspection methods involve only accepting and inspecting registration documents for quality and food safety of imported salt without taking samples or testing the quality indicators of imported salt as prescribed in Article 4 and Appendix I of this Circular, applicable in any of the following cases:

a) Imported salt goods are assessed by the inspection authority to meet quality and food safety requirements after three consecutive strict inspections on different days for the same type, origin, manufacturer, and importer of imported salt, then the subsequent batch of the same type, origin, and manufacturer of the importer can apply the reduced inspection method for up to 12 months from the date the first batch was applied with the reduced inspection method.

b) The Certificate of Conformity for the quality of imported salt, which complies with the corresponding national technical regulation, issued by the competent authority of Vietnam is still valid.

3. Sampling and Testing:

a) Sampling and testing are only applied to the strict inspection method as stipulated in Clause 1 of this Article.

b) When the batch of salt arrives at the customs port, the importer contacts the customs authority at the entry port to complete customs procedures, take samples of salt according to point c, Clause 3 of this Article, and transport the goods to storage facilities according to the regulations of the customs authority.

c) A representative sample of the imported salt batch is taken randomly, witnessed by representatives of the customs authority at the entry port, divided into three parts: one for testing; one retained by the inspection authority; and one retained by the importer. Each sample must be a minimum of 200 grams and a maximum of 500 grams sufficient for testing the required indicators according to the regulations. The salt sample is placed in a sealed plastic container or bottle labeled with the sealing number of the customs authority. Representatives of the importer and the customs authority prepare a record of sampling imported salt according to the model specified in Appendix IV attached to this Circular.

d) Within no more than 03 (three) working days, the importer must hand over the test sample to a VILAS-certified laboratory in the field of chemistry. The technical indicators required for analysis of the test sample of the imported salt batch are stipulated in Article 4 and Appendix I attached to this Circular.

đ) The retention period for samples at the inspection authority and the importer is 90 (ninety) days from the date the inspection authority issues the "Notification of Results of Quality and Food Safety Inspection of Imported Salt".

Chapter II

CONTENTS, PROCEDURES FOR INSPECTION AND HANDLING OF INSPECTION RESULTS

AND PROCESSING OF INSPECTION RESULTS

Article 8. Content of Inspection

The inspection agency shall conduct inspections according to the following contents:

1. Inspect the completeness of the application dossier for quality and food safety inspection of imported salt as prescribed in Article 9 of this Circular.

2. Strict inspection method:

a) Verify the consistency between samples, test results of the batch of imported salt with the content of the application dossier for quality and food safety inspection of imported salt, corresponding quality and food safety requirements of imported salt as stipulated in Article 4 and Appendix I issued together with this Circular.

b) Organize re-evaluation of the quality and food safety of the batch of imported salt when there are complaints or reports about the quality of the batch of imported salt.

3. Reduced inspection method:

Inspect the content and consistency of the application dossier for quality and food safety inspection of imported salt as prescribed in Clause 2, Article 7 of this Circular.

Article 9. Application Dossier for Quality and Food Safety Inspection of Imported Salt

1. Application for quality and food safety inspection of imported salt according to the model prescribed in Appendix II issued together with this Circular.

2. Photocopies of the following documents:

a) Sales contract (in Vietnamese or English, if in another language, the importer must submit a Vietnamese translation and bear legal responsibility for the content of the translation);

b) Invoice;

c) List of goods;

d) Certificate of origin of goods;

đ) Bill of lading;

e) Customs declaration for imported goods;

g) Import license under tariff quota (if applicable);

h) Three (3) copies of the Notification of Results of Quality and Food Safety Inspection of Imported Salt, evaluated by the inspection agency to meet quality and food safety requirements after three consecutive inspections on different days for the same type, origin, manufacturer, and importer of the batch of imported salt, conducted under the strict inspection method, or a Certificate of Conformity to Quality Standards for Imported Salt as stipulated in point b, Clause 2, Article 7 of this Circular (applicable to reduced inspection method).

3. Photocopies certified true by the importer: Free Circulation Certificate (CFS) for edible salt issued by the competent authority of the exporting country according to Circular No. 63/2010/TT-BNNPTNT dated November 1, 2010, guiding the issuance of Free Circulation Certificates for products and goods exported and imported under the management of the Ministry of Agriculture and Rural Development.

4. Originals of the following documents:

a) Sample collection record according to the model prescribed in Appendix IV issued together with this Circular and sample of imported salt as stipulated in point c, Clause 4, Article 6 of this Circular (applicable to strict inspection method);

b) Test results of the sample of imported salt conducted by a laboratory accredited in the field of chemistry according to the model prescribed in Appendix V issued together with this Circular (applicable to strict inspection method).

Article 10. Procedure and Formalities for Quality and Food Safety Inspection of Imported Salt

1. Acceptance and verification of the completeness of the application dossier for quality and food safety inspection of imported salt.

a) The importer submits one set of the application dossier for quality and food safety inspection of imported salt directly or through postal service to the inspection agency.

b) Within one working day from the date of receipt of the dossier, the inspection agency responds regarding the validity of the dossier and confirms on the "Application for Quality and Food Safety Inspection of Imported Salt" according to the model prescribed in Appendix II issued together with this Circular.

c) In case of incomplete dossier, the importer is responsible for supplementing within ten working days. If the importer fails to supplement the dossier adequately and does not provide clear reasons beyond the deadline, the inspection agency will not proceed with the quality and food safety inspection of imported salt.

2. Inspection procedure:

a) Strict inspection method: Within one working day from the date of receiving a complete and valid application dossier for inspection, the inspection agency conducts inspections according to the contents prescribed in Clause 2, Article 8 of this Circular and issues the "Notification of Results of Quality and Food Safety Inspection of Imported Salt" according to the model prescribed in Appendix IIIA issued together with this Circular to be sent to the importer and customs authority as follows:

In case the sample, test results of the batch of imported salt are consistent with the content of the application dossier for quality and food safety inspection of imported salt, corresponding quality and food safety requirements of imported salt as stipulated in Article 4 and Appendix I issued together with this Circular, the inspection agency issues the "Notification of Results of Quality and Food Safety Inspection of Imported Salt" confirming that the batch meets the quality and food safety requirements of imported salt according to the model prescribed in Appendix IIIA issued together with this Circular.

In case the sample, test results of the batch of imported salt are inconsistent with the content of the application dossier for quality and food safety inspection of imported salt, corresponding quality and food safety requirements of imported salt as stipulated in Article 4 and Appendix I issued together with this Circular, the inspection agency issues the "Notification of Results of Quality and Food Safety Inspection of Imported Salt" confirming that the batch does not meet the quality and food safety requirements according to the model prescribed in Appendix IIIA issued together with this Circular.

b) Reduced inspection method: Within one working day from the date of receiving a complete and valid application dossier for inspection, the inspection agency conducts inspections according to the contents prescribed in Clause 3, Article 8 of this Circular and issues the "Notification of Results of Quality and Food Safety Inspection of Imported Salt" according to the model prescribed in Appendix IIIB issued together with this Circular to be sent to the importer and customs authority as follows:

Where the content of the registration dossier for inspection meets the provisions of Clause 2, Article 7 of this Circular, the inspection agency shall issue a "Notification of Inspection Results for Quality and Safety of Imported Salt" confirming that the consignment meets the requirements for file-only inspection in accordance with the model prescribed in Appendix IIIB issued together with this Circular.

Where the content of the registration dossier for inspection does not meet the provisions of Clause 2, Article 7 of this Circular, the inspection agency shall issue a "Notification of Inspection Results for Quality and Safety of Imported Salt" confirming that the consignment does not meet the requirements for file-only inspection in accordance with the model prescribed in Appendix IIIB issued together with this Circular, specifying the non-compliant contents and requiring the importer to re-register for inspection under a more rigorous method.

3. Method of delivering results: Delivering results directly at the inspection agency or sending them via postal service upon request of the importer.

4. The Customs authority shall only allow clearance of the consignment when the inspection agency issues a "Notification of Inspection Results for Quality and Safety of Imported Salt" confirming that the consignment meets the quality and safety requirements for imported salt or confirming that the consignment meets the requirements for file-only inspection.

Article 11. Measures for handling consignments of imported salt that do not meet quality requirements.

1. Where the test results of samples of imported salt do not comply with the content of the registration dossier or the quality and safety requirements for imported salt as stipulated in Article 4 and Appendix I issued together with this Circular, within two working days from the date of receipt of the "Notification of Inspection Results for Quality and Safety of Imported Salt", the importer may submit a written request to the inspection agency or a laboratory accredited under VILAS standards in the field of chemistry to retest the quality and safety of the sample of imported salt currently held by the importer. Based on these retest results, the inspection agency will make the final determination and conclusion regarding the quality and safety of the consignment of imported salt. The cost of testing the sample shall be borne by the importer.

2. In case of complaints or reports during the inspection process for the quality and safety of imported salt:

a) The inspection agency shall take samples for retesting the quality and safety of the consignment of imported salt. The costs for sampling and retesting the quality and safety of imported salt shall be borne by the inspection agency and allocated in the budget for the inspection agency's operations.

b) Where the retest results for the quality and safety of imported salt for the consignment of imported salt do not comply with the quality and safety requirements for imported salt as stipulated in Article 4 and Appendix I issued together with this Circular, the importer must reimburse the inspection agency for the costs of sampling and retesting the quality and safety of the sample of imported salt.

c) Based on the retest results for the quality and safety of imported salt issued by a laboratory accredited under VILAS standards in the field of chemistry, the inspection agency will handle and make the final determination regarding the consignment of imported salt.

3. Depending on the severity of the violation of the provisions of this Circular, the importer shall be subject to administrative penalties and shall implement corrective measures such as re-exporting or recycling the consignment of imported salt in accordance with Decree No. 119/2017/NĐ-CP dated November 1, 2017 of the Government on administrative penalties for violations in the fields of standards, measurement, and product quality.

Chapter III

RESPONSIBILITIES AND LIMITATIONS

OF THE RELATED ORGANIZATIONS AND INDIVIDUALS

Article 12. Responsibilities and Authorities of the Inspection Agency

1. Responsibilities:

a) Conduct inspections on the quality and safety of imported salt within its jurisdiction to ensure accuracy, honesty, and objectivity during inspections and maintain confidentiality of information of importers in accordance with the law;

b) Accept registration files for quality and safety inspections of imported salt; organize quality and safety inspections of imported salt in compliance with this Circular; notify the results of quality and safety inspections of imported salt; be responsible for the results of quality and safety inspections of imported salt;

c) Promptly and properly handle complaints and reports during the process of quality and safety inspections of imported salt in accordance with regulations;

d) Coordinate with Customs authorities to supervise importers in maintaining the original condition of consignments during the implementation of procedures and formalities for quality and safety inspections of imported salt;

đ) Maintain complete inspection records; periodically report every quarter, six months, and annually to the Ministry of Agriculture and Rural Development (through the Department of Cooperative Economic Development) on the results of quality and safety inspections of imported salt according to the model specified in Appendix VI of this Circular;

2. Authorities:

a) Require importers to provide relevant information and documents related to consignments of imported salt to facilitate quality and safety inspections of imported salt;

b) Recommend the Department of Agriculture and Rural Development to handle violations by importers who fail to comply with regulations on quality and safety inspections of imported salt;

c) Require importers to take measures to address consignments that do not meet quality and safety requirements of imported salt in accordance with Clause 3, Article 11 of this Circular; supervise the handling and results of such consignments;

Article 13. Organizations and Individuals Importing Salt

1. Obligations:

a) Register and comply with regulations on quality and safety inspections of imported salt as stipulated in this Circular;

b) Maintain the original condition of consignments in accordance with Customs regulations until Customs clearance is granted on the import declaration;

c) Importers may only introduce consignments of imported salt into production or circulation on the market after Customs clearance on the import declaration;

d) Comply with administrative violation decisions (if any) and be subject to supervision by competent authorities;

đ) Pay sampling and testing costs for imported salt quality in accordance with current regulations and actual expenses incurred in handling consignments that do not meet quality requirements of imported salt; costs for mailing registration files and receiving inspection results via postal service;

e) Inspect and evaluate the quality and safety of imported salt before importation according to corresponding quality and safety standards for salt, ensuring that imported salt meets the quality and safety requirements set forth in this Circular;

2. Rights:

a) Choose accredited laboratories under the VILAS standard in the field of chemistry to test the quality and safety of imported salt;

b) Request the inspection agency to review inspection results or request re-inspection;

c) Have the right to lodge complaints and reports against any wrongful actions of the inspection agency or laboratories in accordance with the law on complaints and reports.

Article 14. Testing laboratories meeting VILAS standards in the field of chemistry

1. Obligations:

a) Comply strictly with testing procedures for the quality and safety of imported salt, ensuring personnel capacity, testing equipment, and confidentiality of information of importers in accordance with the law;

b) Provide testing results within the stipulated time to inspection agencies and importers. Ensure the accuracy and objectivity of testing results and be responsible for them;

c) Compensate material losses for importers resulting from errors in testing conducted by themselves according to current regulations;

d) Store records and documents related to testing activities in compliance with regulations and present them when requested by competent authorities;

đ) Adhere to other obligations under the laws on product and commodity quality and food safety;

2. Rights:

a) Charge testing fees for salt samples in accordance with current regulations;

b) Refuse to provide information related to testing results to third parties unless required by state authorities with jurisdiction;

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Transitional Provisions

Continue to apply the provisions of Circular No. 34/2014/TT-BNNPTNT dated October 31, 2014, issued by the Minister of Agriculture and Rural Development guiding the inspection of imported salt quality for batches of imported salt that have signed import contracts and meet one of the following conditions:

1. Have been loaded onto transport means, with loading dates recorded on the transport documents (for sea, rail, or air transport) or have arrived at border gates (for road transport) before this Circular takes effect;

2. Have opened letters of credit (L/C) or have payment documents before this Circular takes effect;

Article 16. Effective Date

1. This Circular takes effect from February 15, 2018, and replaces Circular No. 34/2014/TT-BNNPTNT dated October 31, 2014, issued by the Minister of Agriculture and Rural Development guiding the inspection of imported salt quality;

2. In cases where standards and technical regulations cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new provisions in the amended, supplemented, or replaced standards and technical regulations;

Article 17. Implementation Organization

1. Cooperative Economy and Rural Development Bureau:

a) Direct the inspection of quality and food safety of imported salt; guide the work of inspecting the quality and food safety of imported salt; supervise the activities of local inspection agencies in inspecting the quality and food safety of imported salt within the scope of management by the Ministry of Agriculture and Rural Development;

b) Compile and report to the Ministry of Agriculture and Rural Development the results of inspections of quality and food safety of imported salt.

2. Departments of Agriculture and Rural Development of provinces and centrally governed cities:

a) Direct and assign tasks to the Sub-department under the Department to carry out inspections and supervision of imported salt products of importers within their jurisdiction in accordance with this Circular;

b) Handle cases of imported salt not meeting quality and food safety requirements (if any) according to the provisions of the law within their authority;

c) Advise provincial People's Committees and municipalities directly under the Central Government to allocate funds for inspecting the quality and food safety of imported salt within their jurisdiction in accordance with this Circular;

3. During implementation, if there are difficulties, relevant agencies, organizations, and individuals are advised to promptly report to the Ministry of Agriculture and Rural Development (through the Department of Cooperative Economy and Rural Development) for consideration, amendment, and supplementation as appropriate./.