Circular No. 28/2013/TT-BCT stipulates state inspection for food safety of imported food under the management responsibility of the Ministry of Industry and Trade.

CIRCULAR

Regulations on state food safety inspection for imported food under the management responsibility of the Ministry of Industry and Trade

_____________________________

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

BASED ON THE FOOD SAFETY LAW NO. 55/2010/QH12 dated June 17, 2010;

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

The Minister of Industry and Trade promulgates this Circular regulating state food safety inspections for imported food under the management responsibility of the Ministry of Industry and Trade as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular stipulates the methods, contents, procedures, formalities, and organization of state food safety inspections for imported products, including: alcohol, beer, soft drinks, processed milk, vegetable oil, starch and flour products, candy, pastries, and packaging containers for these products (hereinafter referred to collectively as food products).

Article 2. The following cases are exempted from state food safety inspections for imported food:

a) Food items carried by individuals for personal consumption within the tax-free allowance upon entry;

b) Food items in diplomatic and consular bags;

c) Food items in transit or transshipment;

d) Food items stored in bonded warehouses;

đ) Food items for testing or research purposes;

e) Food items for display at exhibitions or trade fairs.

Article 2. Applicability

This Circular applies to organizations and individuals involved in importing the food products specified in Clause 1 of Article 1 of this Circular within the territory of Vietnam.

Article 3. Explanation of Terms

1. Lot of food product is a defined quantity of a single type of product with the same name, quality, raw material, shelf life, and produced at the same facility (hereinafter referred to as a product lot).

2. Imported consignment: Is the quantity of goods registered for inspection in one application.

3. Inspection lot: Is the quantity of the same type of goods, produced by the same facility, registered for inspection in one application.

4. Violation of food safety regulations: Goods found to contain harmful agents affecting human health and life.

5. Sampling frequency: Is the number of times samples are taken for testing from imported inspection lots.

6. Shipper: Is the organization or individual legally owning the imported goods.

Article 4. Requirements for imported food

The food products specified in Clause 1 of Article 1 of this Circular may only be circulated and consumed in the Vietnamese market after being issued one of the following documents by the inspection authority:

a) Notification of Imported Food Meeting Requirements;

b) Notification of Imported Food Subject to File Review Only.

Chapter II

INSPECTION METHODS

Article 5. Strict Inspection Method

1. Strict inspection involves sampling at random or at suspected points (with a minimum sample size) for comprehensive testing and evaluation of food safety for all lots of products in the same shipment under any of the following circumstances:

a) Food imported from an overseas processing facility where the inspection agency has been informed or knows that it is located in an area with pollution sources or dangerous infectious diseases that can affect humans;

b) Previous import did not meet requirements;

c) There is a document from the Ministry of Industry and Trade requiring strict inspection due to the discovery of products circulating in the market posing a risk to human health and life.

2. In the cases stipulated in Clause 1 of this Article, the owner must store the goods (at the port of entry, consolidation site, or storage warehouse) and can only be cleared after receiving the Notification of Imported Food Meeting Requirements issued by the inspection authority.

3. If two consecutive inspection lots have test results meeting import requirements, the subsequent lot of the same type and origin may apply the regular inspection method prescribed in Article 6 of this Circular.

Article 6. Common inspection method

The common inspection method involves taking a sufficient random sample to conduct sensory inspections and test certain quality and food safety indicators for batches not covered by the cases specified in Clause 1 of Article 5, Article 7, and Article 8 of this Circular.

Article 7. Reduced inspection method

The reduced inspection method involves only taking representative samples to check labeling and batch consistency (regarding origin, batch number) without testing samples against documentation for any of the following cases:

1. Food that has already been marked with conformity certification.

2. Food of the same type and origin with stable quality confirmed through at least two consecutive inspections or recognized in writing by the Ministry of Industry and Trade as meeting the conditions for reduced inspection.

3. Food of the same type and origin as the sample that passed import requirements upon testing.

4. Food of the same type and origin that was inspected before importation or has a third-party analysis certificate from the country of production recognized by the competent authority of the country party to an international treaty with Vietnam for mutual recognition of food safety certification activities.

5. Food listed in the catalog of goods certified with a standard compliance mark (standard compliance mark) of the exporting country or regional common market recognized and announced periodically by the competent authority of Vietnam.

Article 8. Reduced inspection method involving only document review

Reduced inspection involving only document review entails accepting and reviewing registration documents for inspection without sampling products. Batches subject to document-only review may be subject to unannounced inspections using other methods if there are indications of violations of Vietnamese laws on product quality and food safety.

For food products subject to this inspection method, the application of either the common inspection method or reduced inspection involving only document review shall be conducted once within a period of one year for the same type of goods imported by the same importer and applies to food in any of the following cases:

1. Imported food that has been recognized as meeting food safety requirements by the competent authority of the country party to an international treaty with Vietnam for mutual recognition in food safety certification activities.

2. Food produced or traded by organizations or individuals who have been certified by the competent authority in Vietnam or the exporting country as having a food safety management system compliant with Vietnamese standards or foreign or international standards permitted for use in Vietnam.

3. Batches of the same type and origin that have been inspected five times previously and met import requirements.

Chapter III

PROCEDURES AND INSPECTION PROCESS

Article 9. Inspection Registration Documents

1. The national food safety inspection registration documents for imported food include:

a) The food import inspection registration form according to Appendix I issued together with this Circular;

b) A certified copy of the Conformity Acceptance Certificate or Confirmation of Compliance with Food Safety Regulations issued by the Ministry of Health or an authorized agency by the Ministry of Health;

c) A notarized copy of the Import Goods Contract (Contract,) and accompanying goods list (Packing List,);

d) A certified and confirmed copy by the importer organization or individual: Bill of Lading (Bill of Lading,); Invoice (Invoice,); Import Goods Declaration.

2. In cases where the reduced inspection method or reduced inspection involving only document review is applied, the inspection registration documents include certified copies or related documents proving compliance as stipulated in Articles 7 and 8 of this Circular.

Article 10. Inspection Authority

1. The inspection authority is the testing facility designated by the Ministry of Industry and Trade to perform the state inspection function for food safety on imported foods under the management responsibility of the Ministry of Industry and Trade (hereinafter referred to as the inspection authority).

2. Designation of the inspection authority in special cases

In cases where the consignee regularly accumulates imported foods at a location far from the headquarters of the inspection authority, the consignee may request the Ministry of Industry and Trade to temporarily designate a specialized agency within the same locality as the accumulation point to conduct actual inspections and testing of the consignment and report the inspection results to the relevant parties.

Within five (05) working days from the date of receipt of the consignee's request, the Ministry of Industry and Trade will review and decide on the specialized agency to carry out the actual inspection and testing of the consignment according to regulations and notify the consignee in writing.

Article 11. Inspection Procedure

Imported foods must be sampled at the location determined by the inspection authority (at the border gate, accumulation site, or storage warehouse).

1. The inspection authority designated by the Ministry of Industry and Trade has the duty to organize the acceptance and examination of inspection registration files to determine appropriate inspection methods for each consignment.

2. Collect samples at the location registered by the consignee for inspection. In case the consignee consumes or distributes the consignment away from the accumulation site before the inspection authority takes the sample, the inspection authority shall send a written notice to the Customs Authority and the Ministry of Industry and Trade to take measures to recover or handle the consignment according to regulations.

3. Prepare the Sampling Record as per Appendix II issued together with this Circular. The inspection record must contain signatures of all relevant parties and be kept in the common inspection file of the consignment.

Article 12. Content of Inspection

The inspection authority bases its determination of specific inspection methods, sample quantity, number of test criteria, testing methods, and conducts testing of food products that have been issued a Certificate of Acceptance of Declaration of Conformity or a Certificate of Compliance with Food Safety Regulations according to the following:

1. Content recorded in the Certificate of Acceptance of Declaration of Conformity with the tested product sample to decide on the inspection method as stipulated in Chapter II of this Circular.

2. Expiry date and labeling content.

3. Other safety requirements when there is risk information or when requested in writing by the Ministry of Industry and Trade.

Article 13. Basis for Comparing Inspection Results

The basis for comparing inspection results includes:

1. Certificate of Acceptance of Declaration of Conformity or Certificate of Compliance with Food Safety Regulations.

2. National regulations, standards, technical specifications of Vietnam regarding food quality, safety, and labeling.

Article 14: Conclusion and Time Limit for Inspection

1. Conclusion after inspection

a) In the case where the inspected consignment meets the import requirements as prescribed, the state inspection authority issues a Notification of Food Meeting Import Requirements as per Appendix III or a Notification of Food Only Inspected Through Documentation as per Appendix IV of this Circular;

b) In the case where the inspected consignment does not meet the import requirements as prescribed, within five (05) working days, the state inspection authority sends the test result certificate and Notification of Food Not Meeting Import Requirements as per Appendix V issued together with this Circular to the consignee and the Customs Authority where the goods arrive, while simultaneously reporting to the Ministry of Industry and Trade along with recommendations for handling the consignment.

2. Time limit for implementation

a) Issuing a Certificate confirming the consignment meets import requirements:

- For foods subject to strict inspection methods: Not more than five (05) working days from the date of obtaining the registered inspection sample plus the testing time specified by the testing method;

- For foods subject to regular inspection and reduced inspection methods: Not more than three (03) working days from the date of obtaining the registered inspection sample plus the testing time specified by the testing method;

b) Issuing a notification of food only inspected through documentation for foods subject to reduced inspection methods only inspected through documentation: Not more than two (02) working days from the date of receiving complete and valid inspection registration files;

c) Notifying the inspection results for strict inspection methods and notifying the consignment not meeting import requirements accompanied by the test result certificate for each product when handed over to the importer and reported to the Ministry of Industry and Trade not more than five (05) days after the inspection results are obtained.

Within fifteen (15) working days from the date of receipt of the inspection authority's notification for consignments not meeting import requirements, the Ministry of Industry and Trade will decide on the handling of the consignment according to regulations.

Article 15. Fees and inspection charges

1. The consignor shall be responsible for paying fees and inspection charges in accordance with the provisions of the law on fees and inspection charges.

2. The management of fees and inspection charges shall be carried out in accordance with current regulations.

Chapter IV

RESPONSIBILITIES AND LIMITATIONS

Article 16. Responsibilities of the Inspection Authority

1. Retain food samples according to the regulations for each type of food for retesting upon request. Beyond this period, the inspection authority shall notify the consignor to collect the sample or prepare a record of disposal of the sample in accordance with the relevant regulations.

2. Strictly comply with the regulations on inspection procedures and principles.

3. Receive and resolve complaints from the consignor regarding the inspection and confirmation of the shipment meeting import requirements conducted by itself within five (05) working days from the date of receipt of the consignor's written complaint. Bear responsibility for any errors during the inspection and confirmation process; if causing damage to the consignor, the inspection authority must compensate according to current regulations.

4. Store inspection records for a period of three (03) years from the date of issuance of the inspection result notification and present stored records when requested by competent authorities.

5. Report to the Ministry of Industry and Trade and propose a list of foods that need to be considered for reduced inspection, only document inspection.

6. Report to the Ministry of Industry and Trade in the following cases:

a) Changes or additions to the place of business;

b) Temporarily suspending or ceasing operations.

7. Notify the customs office at the port of entry about the inspection results, cases where the consignor registers for inspection but does not present the shipment for inspection or the inspection results do not meet import requirements.

8. Issue a Certificate of Registration for Inspection with the content "Shipment awaiting inspection results" and notify the customs office at the port of entry to only clear customs after receiving the inspection results in the following cases:

a) There is objective evidence that the imported shipment registered for inspection does not meet the prescribed food safety requirements;

b) Discovery that the same type of shipment previously imported by the same consignor does not meet the prescribed food safety requirements;

c) Goods subject to strict inspection methods as stipulated in Clause 1, Article 5 of this Circular.

9. Supervise the handling of shipments that do not meet import requirements and/or request local health authorities to cooperate in supervising the handling of shipments that do not meet import requirements in their jurisdiction.

Article 17. Powers of the Inspection Authority

1. Require the consignor to provide related documents as stipulated in Article 9 of this Circular.

2. Be allowed to enter and exit places storing or preserving goods or permit enterprises to present the entire shipment of products at the inspection authority for inspection and sampling.

3. Conduct food inspections according to the methods and procedures specified in this Circular; have the right to conduct five (05) inspections proactively, with only two (02) applying the regular inspection method.

Article 18. Responsibilities of the Import Consignor

1. Before completing customs formalities, the consignor must submit a national food safety inspection registration dossier to the inspection authority as stipulated in Article 10 of this Circular and pay inspection fees and charges as required.

2. Immediately after the shipment is allowed to be concentrated in a warehouse with adequate storage conditions, the consignor must promptly submit the entire national food safety inspection registration dossier as required for the inspection authority to conduct the national food safety inspection.

3. Only be permitted to use or circulate imported food after receiving a Food Safety Notification Meeting Import Requirements or a Food Safety Notification Only Document Inspection from the national food safety inspection authority as required.

4. Bear full responsibility for the storage of inspected goods throughout the time waiting for the inspection conclusion from the inspection authority or the decision of the competent authority in cases where the shipment has been determined not to meet import requirements as stipulated.

5. Bear responsibility for paying all reasonable costs for the supervision of the handling of shipments that do not meet import requirements, including those for staff of the supervisory authority.

6. Be subject to legal penalties for violations of the provisions of this Circular.

Article 19. Rights and Authorities of the Importer

1. Provide documentary evidence and request the inspection agency to reconsider the inspection results or conduct a re-inspection within ten (10) days from the date of receipt of the Notification of Non-Conforming Imported Food. After acceptance by the inspection agency:

a) In case the re-inspection result contradicts the initial inspection result, the importer shall not be required to pay for the re-inspection costs;

b) In case the re-inspection result aligns with the initial inspection result, the importer must bear the cost of the re-inspection.

2. Demonstrate to the inspection agency and the Ministry of Industry and Trade certified analytical results conducted at accredited laboratories and international or exporting country regulations allowing the use of permissible levels of contaminants in food.

3. Request the Ministry of Industry and Trade to take one of the measures provided for in Clause 8, Article 19 for non-conforming imported product batches. The proposed measures must be detailed and comply with legal provisions.

4. File complaints and reports according to the laws on complaints and reports.

5. Request the Ministry of Industry and Trade to allow batches of goods to apply reduced inspection methods after two (02) consecutive notifications of conforming imported food if the batch meets the conditions stipulated in Article 7 of this Circular or to apply only document review inspections if the batch meets the conditions stipulated in Article 8 of this Circular.

6. Request the Ministry of Industry and Trade to permit the implementation of state food safety inspections at an inspection agency located near the regular assembly point of the batch.

7. Request a re-inspection or demonstrate that the batch meets food safety requirements when the analysis results from at least two (02) other designated or recognized inspection agencies by the Ministry of Industry and Trade are consistent with the basis for comparing inspection results as prescribed in Article 13 of this Circular.

8. Recommend to the Ministry of Industry and Trade one of the following measures:

a) Product Recycling: The importer must report recycling measures and recycling addresses to the inspection agency and can only proceed with recycling after obtaining written approval from the state inspection agency. After recycling, the importer requests the inspection agency to inspect the recycled batch to determine further actions in the following cases:

- If the food batch meets import requirements and/or requires label content correction due to product quality not matching the label declaration, the inspection agency must report to the Ministry of Industry and Trade for consideration and issuance of a Notification of Conforming Imported Food;

- If the batch still does not meet import requirements, the inspection agency will notify the importer and recommend the Ministry of Industry and Trade designate an agency to supervise the importer's disposal or non-use of the batch as food according to regulations.

b) Non-Use as Food after Label Content Correction;

c) Re-export: The importer must submit re-export documentation to the inspection agency to complete the file;

d) Destruction: The importer must contract with the agency responsible for destruction and provide an environmental management agency's confirmation record of the time, location, method, and content of the destruction process.

Article 20. Implementation

1. The Department of Science and Technology (Ministry of Industry and Trade) is responsible for:

a) Organizing inspections and compiling reports on the implementation of this Circular nationwide;

b) Deciding on measures to handle non-conforming imported food safety batches;

c) Determining inspection methods for imported batches: Reduced inspection, document-only inspection based on the inspection agency's proposal or the importer's request;

d) Designating and announcing on the Ministry of Industry and Trade's website inspection agencies performing state food safety inspection functions for imported food under the Ministry's jurisdiction;

đ) Conducting periodic annual reviews of the professional capabilities of inspection agencies; deciding on temporary suspension, expansion, or limitation of state food safety inspection tasks for imported food under the Ministry's jurisdiction for designated inspection agencies;

e) Receiving and proposing solutions to the Ministry of Industry and Trade for importer and inspection agency recommendations according to the law.

2. Inspection agencies designated by the Ministry of Industry and Trade are responsible for organizing the implementation of state food safety inspections for imported food under the Ministry's jurisdiction as stipulated in this Circular.

Chapter V

IMPLEMENTING PROVISIONS

Article 21. Effective Date

1. This Circular takes effect from December 20, 2013.

2. During implementation, if there are difficulties, agencies, organizations, and individuals specified in Article 2 of this Circular should promptly reflect them to the Ministry of Industry and Trade for consideration and resolution./.