Circular No. 31/2023/TT-BYT stipulates the authority to revoke food safety certificates for establishments under the management of the Ministry of Health.

 

CIRCULAR

REGULATING THE AUTHORITY TO REVOKE THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS UNDER THE MANAGEMENT OF THE MINISTRY OF HEALTH

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

Pursuant to Decree No. 15/2018/NĐ-CP dated February 2, 2018 of the Government detailing implementation of certain provisions of the Food Safety Law;

Pursuant to the Decree No. 155/2018/NĐ-CP dated November 12, 2018 of the Government amending and supplementing certain regulations related to investment and business conditions within the scope of management of the Ministry of Health;

Pursuant to Decree No. 95/2022/NĐ-CP dated November 15, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

At the proposal of the Director of the Food Safety Administration;

THE MINISTER OF HEALTH ISSUES THIS CIRCULAR REGULATING THE AUTHORITY TO REVOKE THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS UNDER THE MANAGEMENT OF THE MINISTRY OF HEALTH.

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

THIS CIRCULAR REGULATES THE AUTHORITY TO REVOKE THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS UNDER THE MANAGEMENT OF THE MINISTRY OF HEALTH.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

THIS CIRCULAR APPLIES TO DOMESTIC AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS, AS WELL AS FOREIGN ORGANIZATIONS AND INDIVIDUALS ENGAGED IN FOOD PRODUCTION, DISTRIBUTION, AND IMPORT ACTIVITIES IN VIETNAM; STATE ADMINISTRATIVE AUTHORITIES; AND ORGANIZATIONS AND INDIVIDUALS INVOLVED IN FOOD SAFETY ACTIVITIES IN VIETNAM UNDER THE MANAGEMENT OF THE MINISTRY OF HEALTH.

ARTICLE 2. AUTHORITY TO REVOKE THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS

THE AUTHORITY ISSUING THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS HAS THE RIGHT TO REVOKE THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS IT HAS ISSUED.

ARTICLE 3. GROUNDS FOR RECALLING THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS

1. THE AUTHORITY WITH THE POWER AS STATED IN ARTICLE 2 OF THIS CIRCULAR SHALL REVOKE THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS WHEN CONDUCTING INSPECTIONS OR CHECKS, OR UPON REQUEST FROM INSPECTION OR CHECKING AUTHORITIES, USING MODEL FORM 01 ATTACHED TO THIS CIRCULAR, IF THEY DISCOVER THAT THE ESTABLISHMENT DOES NOT MEET THE FOLLOWING CONDITIONS:

a) LACKS THE CONDITIONS TO ENSURE FOOD SAFETY FOR PRODUCTION, PROCESSING, AND DISTRIBUTION OF FOOD PRODUCTS IN ACCORDANCE WITH THE SPECIFIED TYPES OF PRODUCTION AS SET OUT IN ARTICLES 19, 20, 21, 22, 25, 26, 27, 28, 29, AND 30 OF THE FOOD SAFETY LAW; THE SPECIFIC PROVISIONS IN CLAUSE 2 OF ARTICLE 2 OF DECREE NO. 155/2018/NĐ-CP DATED NOVEMBER 12, 2018 OF THE GOVERNMENT AMENDING AND COMPLEMENTING SOME PROVISIONS RELATED TO INVESTMENT AND BUSINESS CONDITIONS UNDER THE MANAGEMENT OF THE MINISTRY OF HEALTH; ARTICLE 28 OF DECREE NO. 15/2018/NĐ-CP DATED FEBRUARY 2, 2018 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE FOOD SAFETY LAW AND OTHER RELATED LEGAL PROVISIONS;

b) DOES NOT HAVE A REGISTERED BUSINESS LINE FOR FOOD PRODUCTS IN THE BUSINESS REGISTRATION CERTIFICATE/BUSINESS LICENSE.

2. WITHIN FIVE (5) WORKING DAYS FROM THE DATE OF RECEIVING THE DOCUMENT REQUESTING THE RECALL OF THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS FROM THE INSPECTION OR CHECKING AUTHORITIES, THE AUTHORITY WITH THE POWER AS STATED IN ARTICLE 2 OF THIS CIRCULAR MUST ISSUE THE DECISION TO REVOKE THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS OF THE ESTABLISHMENT USING MODEL FORM 02 ATTACHED TO THIS CIRCULAR.

Article 4. Reference Provisions

IN CASE THE LEGAL REGULATORY DOCUMENTS REFERRED TO IN THIS CIRCULAR ARE MODIFIED, UPDATED, OR REPLACED, THE NEW PROVISIONS SHALL BE APPLIED.

Article 5. Effective Date

THIS CIRCULAR SHALL TAKE EFFECT FROM FEBRUARY 15, 2024

Article 6. Implementation Organization

1. THE FOOD SAFETY AGENCY IS RESPONSIBLE FOR COORDINATING WITH RELATED UNITS TO PROMULGATE, GUIDE, AND IMPLEMENT THIS CIRCULAR.

2. PROVINCE HEALTH DEPARTMENTS AND LOCAL FOOD SAFETY MANAGEMENT AUTHORITIES SHALL BE RESPONSIBLE FOR IMPLEMENTATION.

ANY DIFFICULTIES OR OBSTACLES ENCOUNTERED DURING THE IMPLEMENTATION OF THIS CIRCULAR SHOULD BE REPORTED TO THE MINISTRY OF HEALTH (FOOD SAFETY AGENCY) FOR REVIEW AND RESOLUTION./.

 

Form No. 01

MODEL DOCUMENT REQUESTING THE RECALL OF THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS
(ISSUED ALONG WITH CIRCULAR NO. 31/2023/TT-BYT DATED DECEMBER 30, 2023 OF THE MINISTER OF HEALTH)

 

RESPECTFULLY SUBMITTED TO: …(4)

THROUGH INSPECTION/EXAMINATION OF …(5), …(2) CONSIDERS THAT …(6) DOES NOT MEET THE CONDITIONS TO ENSURE FOOD SAFETY …(7) AS PROVIDED IN …(8).

…(2) REQUESTS …(4) TO REVOKE THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS …(NUMBER, DATE, YEAR ISSUED) ISSUED TO …(6).

 

 

____________________

(1) NAME OF THE SUPERIOR AUTHORITY

(2) NAME OF THE AUTHORITY CONDUCTING THE INSPECTION OR EXAMINATION

(3) ABBREVIATION OF THE NAME OF THE AUTHORITY ISSUING THE DOCUMENT

(4) AUTHORITY WITH THE POWER TO ISSUE THE DECISION TO REVOKE THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS

(5) NAME OF THE INSPECTION OR EXAMINATION

(6) NAME AND ADDRESS OF THE ESTABLISHMENT ISSUED THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS

(7) NAME OF THE UNSAFE FOOD SAFETY CONDITION

(8) POINT, CLAUSE, ARTICLE OF THE DOCUMENT AS PROVIDED IN CLAUSE 1 OF ARTICLE 3 OF THIS CIRCULAR

 

Form No. 02

MODEL DECISION TO REVOKE THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS
(ISSUED ALONG WITH CIRCULAR NO. 31/2023/TT-BYT DATED DECEMBER 30, 2023 OF THE MINISTER OF HEALTH)

 

Pursuant to …;

REGARDING THE RECALL OF THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS

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

Pursuant to Decree No. 15/2018/NĐ-CP dated February 2, 2018 of the Government detailing implementation of certain provisions of the Food Safety Law;

Pursuant to the Decree No. 155/2018/NĐ-CP dated November 12, 2018 of the Government amending and supplementing certain regulations related to investment and business conditions within the scope of management of the Ministry of Health;

BASED ON …(4);

BASED ON CIRCULAR NO. .../20     /TT-BYT DATED ... MONTH ... YEAR … OF THE MINISTRY OF HEALTH REGULATING THE AUTHORITY TO REVOKE THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS UNDER THE MANAGEMENT OF THE MINISTRY OF HEALTH

At the request of …,

DECISION:

Article 1. REVOKE THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS ... (NUMBER ..., DATE ..., MONTH ..., YEAR ...) ISSUED BY ... (5) TO ... (6).

Article 2. This Decision takes effect from the date of signature.

Article 3. THE RESPONSIBLE ORGANIZATION OR INDIVIDUAL SHALL BE RESPONSIBLE FOR IMPLEMENTING THIS DECISION./.

 

 

____________________

(1) NAME OF THE SUPERIOR AUTHORITY

(2) NAME OF THE AUTHORITY ISSUING THE DECISION

(3) ABBREVIATION OF THE NAME OF THE AUTHORITY ISSUING THE DECISION

(4) DOCUMENT REGULATING THE FUNCTIONS, DUTIES, POWERS OF THE AUTHORITY ISSUING THE DECISION

(5) NAME OF THE AUTHORITY ISSUING THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS

(6) NAME AND ADDRESS OF THE ESTABLISHMENT ISSUED THE FOOD SAFETY CONDITION CERTIFICATE FOR ESTABLISHMENTS

(7) AUTHORITY CONDUCTING THE INSPECTION OR EXAMINATION

(8) LOCAL FOOD SAFETY MANAGEMENT AUTHORITY (WHERE THE ESTABLISHMENT IS LOCATED).