Circular No. 32/2022/TT-BNNPTNT Amending and supplementing some Circulars on the examination and certification of food production and business establishments in agriculture, forestry, and fisheries to ensure food safety under the management of the Ministry of Agriculture and Rural Development.

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO SOME CIRCULARS REGULATING THE APPROVAL AND CERTIFICATION OF AGRICULTURAL, FORESTAL, AND AQUATIC FOOD PRODUCTION AND BUSINESS UNITS MEETING FOOD SAFETY REQUIREMENTS UNDER THE SUPERVISION OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

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Pursuant to the Food Safety Law dated June 17, 2010;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality; Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government amending and supplementing certain articles of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality; Decree No. 13/2022/ND-CP dated January 21, 2022 of the Government amending and supplementing certain articles of Decree No. 132/2008/ND-CP dated December 31, 2008 and Decree No. 86/2012/ND-CP dated October 19, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Metrology;

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

Pursuant to Decree No. 105/2022/NĐ-CP dated December 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the Director of the Directorate for Quality Management of Agricultural, Forestry, Aquatic Products and Fisheries,

The Minister of Agriculture and Rural Development promulgates this Circular amending and supplementing some Circulars regulating the approval and certification of agricultural, forestry, and aquatic food production and business units meeting food safety requirements under the supervision of the Ministry of Agriculture and Rural Development.

Article 1. Amend and supplement some articles of Circular No. 38/2018/TT-BNNPTNT dated December 25, 2018 of the Minister of Agriculture and Rural Development on the procedures for the approval and certification of agricultural, forestry, and aquatic food production and business units meeting food safety requirements under the supervision of the Ministry of Agriculture and Rural Development (hereinafter referred to as Circular No. 38/2018/TT-BNNPTNT) as follows:

1. Amend Point b Clause 2 Article 10 as follows:

“b. Has participated in a training course or seminar appropriate to the field of assessment or an assessment training course.”

2. Amend Article 11 as follows:

“Article 11. Fees

The collection of fees for issuing food safety certificates and periodic assessment fees for food safety conditions shall be carried out in accordance with the laws on fees and charges.”

3. Amend and supplement Clause 3, Clause 4, and Clause 5 Article 17 as follows:

“3. Application dossier for the issuance of a certificate of compliance with food safety conditions in accordance with Clause 1 Article 36 of the Food Safety Law.

For the components of the application dossier specified in Points b, d, and đ Clause 1 Article 36 of the Food Safety Law, the unit shall submit when submitting the dossier or provide to the inspection team during the actual inspection at the unit.”

4. Procedures and formalities for issuing food safety certificates in accordance with Clause 2 Article 36 of the Food Safety Law.

5. Reissuing the Food Safety Certificate in accordance with Clause 2 Article 37 of the Food Safety Law.”

4. Amend Article 18 as follows:

“Article 18. Certificate of having been trained in food hygiene and safety knowledge

1. The certificate of having been trained in food hygiene and safety knowledge issued by the owner of the unit and by those directly involved in food production and business activities.

2. The subjects eligible to receive the certificate of having been trained in food hygiene and safety knowledge include:

a) Owner of the production and business unit: The owner of the unit or the person hired or authorized by the owner to directly manage the food production and business activities of the unit;

b) Those directly involved in production and business: Individuals directly participating in the various stages of food production and business activities at the units.”

5. Amend Clause 5 Article 24 as follows:

“5. Pay the fee for the issuance of a food safety certificate and the periodic assessment fee for food safety conditions in accordance with current regulations.”

6. Abolish, supplement, and replace some clauses and appendices of Circular No. 38/2018/TT-BNNPTNT as follows:

a) Abolish Clause 7 Article 17;

b) Abolish Appendix V, Appendix VI;

c) Supplement Appendix I attached hereto with the Inspection Report on Conditions Ensuring Food Safety for Salt Production Units (Form 2.8);

d) Replace the Inspection Report on Conditions Ensuring Food Safety for Aquaculture Units (Form 1.3 Appendix II of Circular No. 38/2018/TT-BNNPTT) with Form 1.3 in Appendix I attached hereto; replace the Inspection Report on Conditions Ensuring Food Safety for Salt Processing Units, Iodized Salt - Edible Salt (Form 2.6 Appendix III of Circular No. 38/2018/TT-BNNPTNT) with Form 2.6 in Appendix I attached hereto; replace the Inspection Report on Conditions Ensuring Food Safety for Salt Trading Units, Iodized Salt - Edible Salt (Form 2.7 Appendix III of Circular No. 38/2018/TT-BNNPTNT) with Form 2.7 in Appendix I attached hereto.

Article 2. Amending and supplementing some articles of Circular No. 48/2013/TT-BNNPTNT dated November 12, 2013 of the Minister of Agriculture and Rural Development on inspection and certification of food safety for exported aquatic products (hereinafter referred to as Circular No. 48/2013/TT-BNNPTNT). (hereinafter referred to as Circular No. 48/2013/TT-BNNPTNT) as follows:

1. Amend Article 1 as follows:

"Article 1. Scope of Regulation

1. Documents and procedures for assessing food safety conditions to include production and business establishments of aquatic food products (hereinafter referred to as Establishments) in the Export List to countries and territories requiring each consignment to be certified by the Directorate of Quality Assurance for Agricultural, Forestry and Aquatic Products (hereinafter referred to as the Export List); issuing, revoking Food Safety Certificates (hereinafter referred to as Food Safety Certificates) in accordance with the Food Safety Law.

2. Documents and procedures for assessing and issuing export certificates for aquatic food products (hereinafter referred to as Certificates) at the request of importing countries and territories.

2. Amend Point a Clause 1 Article 2 as follows:

“a) Establishments exporting to countries and territories requiring each consignment to be certified by the Directorate of Quality Assurance for Agricultural, Forestry and Aquatic Products;"

3. Amend Point a Clause 3 Article 2 as follows:

"a) Establishments only consume domestically; establishments exporting to countries and territories not requiring each consignment to be certified by the Directorate of Quality Assurance for Agricultural, Forestry and Aquatic Products;"

4. Amend Article 5 as follows:

Article 5. Competent Authority

The Competent Authority for issuing, revoking Food Safety Certificates and for assessing and issuing Certificates is the Directorate of Quality Assurance for Agricultural, Forestry and Aquatic Products and its subordinate agencies (hereinafter referred to as the Competent Authority).

5. Amend the name of Article 6 as follows:

"Article 6. Requirements for Inspectors and Team Leaders"

6. Amend Point b Clause 1 Article 6 as follows:

"b. Having participated in training courses suitable to the field of assessment or in assessment training;"

"7. Amend Article 9 as follows:"

Article 9. Fees

The collection of fees for assessing and issuing Food Safety Certificates for Establishments, periodic assessment fees for food safety conditions, and fees for assessing Certificates for exported aquatic product consignments as stipulated in this Circular shall be carried out in accordance with current regulations.

8. Amend the name of Chapter II as follows:

"Chapter II. ASSESSMENT OF FOOD SAFETY CONDITIONS"

9. Amend Article 10 as follows:

Article 10. Registration Documents and Reports on Information Changes

1. For the issuance of Food Safety Certificates and inclusion in the Export List, the registration documents must comply with Clause 1 Article 36 of the Food Safety Law, specifically:

a) Application for a Food Safety Certificate according to Form I attached hereto; A description of facilities, equipment, and tools ensuring food hygiene and safety conditions according to the corresponding form in Form II issued together with this Circular;

b) Confirmation that the establishment owner and those directly involved in food production and business have been trained in food hygiene and safety knowledge, confirmed by the establishment owner; Health certificates for the establishment owner and those directly involved in food production and business issued by health facilities at the district level or higher.

2. For establishments whose assessment results for Food Safety Certificates and inclusion in the Export List are unsatisfactory, they must submit a report on corrective actions according to Form III issued together with this Circular.

3. For periodic assessments of food safety conditions as stipulated in Point a Clause 2 Article 12 of this Circular, establishments must submit reports on information changes according to the corresponding form in Form II issued together with this Circular.

4. Establishments must submit one set of registration documents to the Competent Authority through one of the following methods: direct submission, postal service, email, or online registration. The documents specified in Point b Clause 1 of this provision must be submitted when submitting the application or provided to the assessment team upon their arrival at the establishment for on-site assessment.

10. Amend Article 11 as follows:

"Article 11. Processing of Registration Documents

1. Within three working days from the date of receipt of the registration documents from the Establishment, the Competent Authority must verify the completeness and validity of the documents, guide the Establishment to supplement missing or non-compliant contents.

2. The Competent Authority must notify the Establishment of the scheduled date for on-site assessment but not later than seven working days from the date of receipt of complete and valid documents."

11. Amend Article 12 as follows:

Article 12. Forms of Assessment

1. Issuance of Food Safety Certificates and Inclusion in the Export List:

a) Issuance of Food Safety Certificates: applicable to establishments not covered by Clause 1 Decree No. 15/2018/NĐ-CP dated February 2, 2018 of the Government detailing certain provisions of the Food Safety Law and without a Food Safety Certificate; establishments whose Food Safety Certificate has been revoked; establishments with a Food Safety Certificate still valid for less than six months; establishments with changes in information in the Food Safety Certificate due to changes in their quality management system or food safety system;

b) Inclusion in the Export List: applicable to establishments not covered by Point a Clause 1 of this provision and not listed in the Export List.

2. Periodic Assessment of Food Safety Conditions: applicable to establishments already listed in the Export List in the following cases:

a) Establishments expanding export markets requiring listing; improving food safety conditions: assessment conducted after the establishment submits documents as stipulated in Clause 3 Article 10 of this Circular.

b) Establishments not covered by Point a Clause 2 of this provision: unannounced assessment with frequency: Class 1 and Class 2 establishments once every 18 months; Class 3 establishments once every 12 months.

12. Amend Point d Clause 1 Article 14 as follows:

"d) Collect samples for analysis to evaluate the effectiveness of hygiene control during production according to Form IV issued together with this Circular."

13. Amend Article 17 as follows:

"Article 17. Handling of Assessment Results

Within six working days from the end of the assessment, the Competent Authority must review the Assessment Report and proceed as follows:

1. For the issuance of Food Safety Certificates and inclusion in the Export List:

a) For Facilities with satisfactory results (Class 1, Class 2, and Class 3): notify the results; assign a code according to Appendix VII issued together with this Circular; supplement to the Export List for the competent authority of the importing country to update the list of permitted export facilities; issue a Food Safety Certificate according to the model prescribed in Appendix VI issued together with this Circular for facilities not exempted from issuance under point k, Clause 1, Article 12 of Decree 15/2018/NĐ-CP dated February 2, 2018 of the Government detailing certain provisions of the Law on Food Safety.

b) For Facilities with unsatisfactory results (Class 4): notify the results; require the Facility to implement corrective actions and submit a report on the results of rectifying errors; revoke valid Food Safety Certificates (if any).

2. In cases of periodic assessment of food safety conditions:

a) For Facilities with satisfactory results (Class 1, Class 2, and Class 3): notify the results; compile information for the competent authority of the importing country to update (if necessary);

b) For Facilities with unsatisfactory results (Class 4): notify the results; require the Facility to implement corrective actions and submit a report on the results of rectifying errors; revoke valid Food Safety Certificates (if any).

3. In cases where samples are taken for testing to evaluate the effectiveness of hygiene control during production:

a) Within one working day from the date of receiving non-compliant test results, the Assessment Authority shall send a notification requiring the Facility to take corrective actions. Depending on the severity of the errors, the Assessment Authority will determine the timeframe for correction and organize retesting.

b) If the retest results still do not meet the requirements, the Assessment Authority will decide to conduct an unannounced inspection of the Facility's food safety assurance conditions.

14. Amend Clause 1 of Article 18 as follows:

“1. The Facility shall have its Food Safety Certificate revoked in the cases specified in Clause 2, Article 34 of the Law on Food Safety.”

15. Amend point c, Clause 1 of Article 19 as follows:

“c) The Facility requests changes to the name and address information in the Food Safety Certificate without altering the quality management system or food safety.”

16. Amend Clause 1 of Article 20 as follows:

“1. The program includes activities such as assessment and issuance of certificates for seafood exports to countries and regions where the competent authority requires the Department of Quality Control of Forestry, Agriculture, and Fisheries to assess and issue certificates for export consignments according to the list of countries and regions set out in Appendix IX attached to this Circular.”

17. Amend point a, Clause 3 of Article 20 as follows:

“a) Complying with Vietnam’s food safety standards;”

18. Amend Article 21 as follows:

“Article 21. Export List

1. According to the regulations of the importing country or region or agreements with the competent authority of the importing country or region, the Department of Quality Control of Forestry, Agriculture, and Fisheries shall establish and update the Export List for each market for Facilities that fully meet the criteria stipulated in Clause 20 of this Circular.

2. A Facility will be removed from the Export List in the following cases:

a) The Facility submits a written request to withdraw from the Export List;

b) The Facility no longer meets the criteria for participation in the Export Seafood Certification Program as stipulated in Clause 3, Article 20 of this Circular, or the competent authority of the importing country requests the removal of the Facility from the Export List.”

19. Amend Clauses 2, 3, and 4 of Article 22 as follows:

“2. The Department of Quality Control of Forestry, Agriculture, and Fisheries shall establish a priority list for Facilities that fully meet the following criteria at the time of review:

a) The Facility is listed in the Export List;

b) The Facility is classified as having food safety assurance conditions of Class 1 or Class 2;

c) Has exported at least five consignments and has not been detected by the competent authority of Vietnam or the importing market for food safety violations within a minimum period of three months from the date of classification as Class 1 or 2.

3. A Facility will be removed from the priority list in the following cases:

a) The Facility fails to maintain food safety assurance conditions and is downgraded to Class 3 or Class 4;

b) The Facility does not obtain a certificate as prescribed in point c, Clause 1 of Article 26 of this Circular;

c) The Facility has exported consignments that were found to not meet food safety standards for microbiological, parasitic, environmental pollutant residues, veterinary drugs, plant protection chemicals, chemicals, additives, processing aids, biological toxins, allergens;

d) The Facility is subject to supplementary administrative penalties including suspension of production or revocation of the Food Safety Certificate for a limited period as prescribed by law on administrative sanctions for food safety violations.

4. A Facility may be reinstated on the priority list if it meets the conditions specified in points a and b of Clause 2 of this Article and has not had additional consignments flagged for food safety issues after a minimum period of three months from the completion of the investigation report and implementation of corrective actions approved by the Assessment Authority or from the completion of the suspension of production or other administrative penalties as prescribed by law for the case specified in point d of Clause 3 of this Article.”

20. Amend Clause 1 of Article 25 as follows:

“1. Export consignments shall be issued certificates according to the models of the importing market and the transit or temporary import/re-export country (if required), with contents consistent and unified with the certificates of the importing market.”

21. Amend Article 26 as follows:

“Article 26. Facilities Not Entitled to Export Certificates

1. The Assessment Authority shall not issue certificates for export consignments produced by the following Facilities:

a) Facilities notified by the competent authority of the importing country to temporarily suspend imports or subject to measures suspending certificate issuance or exportation based on management measures issued by the Ministry of Agriculture and Rural Development upon the importing market's requirements;

b) Facilities with a food safety condition assessment rating of Class 4.”

a) An establishment that has been notified by the Competent Authority of the importing country to temporarily suspend imports or has had measures implemented to stop issuing certificates or temporarily suspending exports in accordance with the management regulations issued by the Ministry of Agriculture and Rural Development based on the requirements of the importing market;

b) An establishment with a food safety condition assessment ranking of level 4;

c) A facility that has been temporarily suspended from production in accordance with Article 30, Article 33 of the Law on Product Quality and Safety, or other government regulations concerning administrative penalties for violations related to product quality and food safety.

2. The facilities mentioned in Clause 1 of this Article shall continue to be issued Certificates when they meet the following conditions:

a) The facility has implemented corrective measures as required by the Competent Authority and such measures have been reviewed and confirmed effective by the Competent Authority, and at the same time, the national or territorial import authority has lifted the temporary suspension on imports;

b) For the facility mentioned in point b of Clause 1 of this Article, it must have passed the food safety assessment meeting the requirements;

c) The facility has fully complied with the Decision to suspend production or the penalty measures prescribed by law in the case mentioned in point c of Clause 1 of this Article.

22. Amend point c and point d of Clause 1 of Article 27 as follows:

“c) Sampling rate: Determined based on the classification of food safety assurance conditions; food safety assurance history; product risk level; scale, capacity, or production volume of the facility according to Appendix X attached to this Circular.

Based on risk assessment or new market import regulations, the Directorate of Quality Assurance of Forestry, Aquatic Products and Fisheries will report to the Ministry of Agriculture and Rural Development to guide adjustments and updates to the content specified in Appendix X accordingly;

d) Sampling location: At the production line, storage area of the production facility or other storage areas that meet the food safety assurance conditions as stipulated by the corresponding import market.”

23. Amend point a and point b of Clause 1 of Article 28 as follows:

“a) Within two days from the completion of customs clearance procedures for export or based on the date of issuance of the certificate as prescribed by the importing market, the Shipper must register for the Certificate according to the form attached in Appendix XII of this Circular;

b) The Shipper sends one set of registration documents to the Competent Authority through one of the following methods: Direct submission; postal service; email (followed by submission of the original copy) or online registration;”

24. Amend Clause 2 of Article 28 as follows:

“2. Assessment and issuance of certificates:

Within one working day from receiving complete information, the Competent Authority will conduct the assessment and issue the Export Certificate, Transit Certificate, Temporary Importation and Re-export Certificate according to the corresponding model (if requested), with contents consistent and unified with the certificate of the importing market based on reviewing the effectiveness of food safety hazard control measures as stipulated in Article 27 of this Circular or confirm the content and specify the reasons for not meeting the conditions for issuing the export certificate in the application for the export certificate of aquatic products.”

25. Amend Clause 3 of Article 29 as follows:

“3. The Shipper sends one set of registration documents for assessment to the Competent Authority through one of the following methods: Direct submission, postal service; or email (followed by submission of the original copy) or online registration.”

26. Amend Clause 1 of Article 30 as follows:

“1. The Competent Authority assigns inspectors to conduct assessments and take samples for testing within two working days from the date the Shipper requests or according to the agreed timeframe between the Shipper and the Competent Authority.”

27. Amend Clause 3 of Article 31 as follows:

“3. Within three working days from receiving the explanation report from the facility, the Competent Authority reviews the reported contents and issues a notification of the review results to the facility. In cases requiring on-site verification, the Competent Authority conducts the verification and notifies the facility of the results within seven working days from receiving the report from the facility.”

28. Amend Article 32 as follows:

“Article 32. Assessment and Issuance of Certificates

1. Within two days from the completion of customs clearance procedures for export or based on the date of issuance of the certificate as prescribed by the importing market, the Shipper must provide all necessary information in the Certificate model as required by the importing country or territory's authority to the Competent Authority for issuance of the Certificate. Within one working day from receiving complete information, the Competent Authority will issue the Export Certificate, Transit Certificate, Temporary Importation and Re-export Certificate according to the corresponding model (if requested) if the assessment and testing results of the consignment meet the requirements. In the case of live, fresh frozen seafood, the Competent Authority may issue the Certificate while awaiting test results and handle the test results according to Clause 2 of Article 31 of this Circular.

2. After ninety days from the date of assessment, if the Shipper does not provide full information to the Competent Authority for assessment and issuance of the Certificate, the Shipper must follow the registration process for assessment as stipulated in Article 29 of this Circular.”

29. Amend Article 33 as follows:

“Article 33. Reissuing Certificates

1. When the issued Certificate is lost, damaged, or has changed information (excluding changes in product identification, quantity, specifications, traceability of the consignment, contents already certified, quality and safety certification in the issued Certificate) or upon request of the importing country or territory's authority, transit, temporary importation, re-export, the Shipper must submit a written request for reissuance of the Certificate specifying the reason to the Competent Authority through one of the following methods: Direct submission, postal service; or email.

2. The Competent Authority will reissue the Certificate within one working day from receiving the Shipper’s request or reject the reissuance in writing and send the reason to the Shipper.

3. The reissued Certificate contains accurate information about product identification, quantity, specifications, traceability of the consignment compared to the issued Certificate; it is assigned a new number according to Appendix XI attached to this Circular and marked: "This Certificate replaces Certificate number ..., issued on ...” or marked according to the regulations of the importing market, transit, temporary importation, re-export.”

30. Amend Article 35 as follows:

"Article 35. Post-assessment and certification batch monitoring

1. The assessment agency shall conduct post-assessment and certification batch monitoring through the following activities:

a) Coordinating work with the Customs Authority;

b) Combining the assessment of food safety assurance conditions for the facility; assessing and certifying export batches; auditing and evaluating traceability activities, cause investigation, and establishing and implementing corrective measures for facilities with products or batches found to not meet food safety standards;

c) Conducting specialized audits, inspections, and supervision according to directives from the Ministry of Agriculture and Rural Development.

2. Monitoring content: Reviewing the consistency of information, documents, and records regarding the origin, source materials, production, and processing of batches after assessment and certification compared to declarations made by the consignor, actual exported batch information, or batches at consolidation points awaiting export.

3. In cases where violations are discovered, the assessment agency shall review, prepare working minutes, administrative violation reports, and send them to the competent authority for administrative penalty handling according to current laws, while simultaneously issuing a document to revoke the validity of the Certificate (if already issued) and sending it to relevant parties."

31. Amend Article 36 as follows:

"Article 36. Handling of batches subject to warning

1. Within three working days from the date of receiving formal warning information from the importing country's competent authority, the assessment agency shall issue a document requesting the facility to address the following matters:

a) Conducting traceability of the batch, organizing an investigation to determine the cause of the warning, establishing and implementing corrective actions; submitting a report to the assessment agency according to the model attached as Appendix XVII of this Circular. Implementing traceability, recalling, and handling non-compliant products (in case of recall) according to Circular No. 17/2021/TT-BNNPTNT dated December 20, 2021, of the Minister of Agriculture and Rural Development on traceability, recall, and handling of unsafe food under the management of the Ministry of Agriculture and Rural Development;

b) Temporarily suspending exports to corresponding importing countries if required by the importing country's competent authority or according to regulations of the Ministry of Agriculture and Rural Development;

c) Adhering to sampling inspection procedures for non-conformity indicators and being subject to supervision by the assessment agency on the implementation of corrective actions for each subsequent export batch of similar non-compliant products produced at the facility until the assessment agency issues a document approving the report on the cause investigation and corrective measures submitted by the facility.

2. Within three working days from the date of receiving the report on the cause investigation and corrective measures submitted by the facility, the assessment agency shall audit the contents of the report and issue a document notifying the results of the audit to the facility. In case of on-site audits, the assessment agency shall implement and notify the results to the facility within seven working days from the date of receipt of the facility’s report."

32. Amend Point a Clause 1 Article 37 as follows:

"a) Registering with the assessment agency according to this Circular to undergo food safety assessment; complying with the assessment plan of the assessment agency;"

33. Amend Article 39 as follows:

"Article 39. Food Safety Assurance Condition Inspector

1. Responsibilities:

a) Adhering strictly to the procedures, processes, contents, methods, and bases for assessing food safety assurance conditions for facilities as stipulated in this Circular;

b) Maintaining confidentiality of information related to production and business operations of the facility, ensuring accuracy, transparency, honesty, objectivity, and non-discrimination when performing duties;

c) Not requesting additional information beyond regulations that may cause harassment or inconvenience to the facility;

d) Complying with assignments from the head of the assessment team and the head of the assessment agency; bearing responsibility for the assessment results before the head of the assessment agency and the law.

2. Authorities:

a) Requesting the facility to provide files, documents, and samples (if applicable) for the assessment process;

b) Entering and exiting production, storage, and warehouse areas; reviewing files, taking samples, photographing, copying, and recording necessary information for the assessment task;

c) Preparing minutes, proposing, and recommending measures for handling in cases where the facility violates relevant regulations concerning food safety assurance;

d) Reserving personal opinions and reporting to the head of the assessment agency in cases where there is disagreement with the conclusion of the head of the assessment team as stated in Point b Clause 2 Article 40 of this Circular."

34. Add Article 39a as follows:

"Article 39a. Quality and Food Safety Assessment and Certification Inspector

1. Responsibilities:

a) Adhering strictly to the procedures, processes, contents, and methods for assessing, sampling, and testing the effectiveness of food safety risk control, and sampling for batch quality testing for export registration as stipulated in this Circular;

b) Maintaining confidentiality of information related to production and business operations of the facility, ensuring accuracy, transparency, honesty, objectivity, and non-discrimination when performing duties;

c) Not requesting additional information beyond regulations that may cause harassment or inconvenience to the facility;

d) Bearing responsibility for the assessment results before the head of the assessment agency and the law.

2. Authorities:

a) Requesting the consignor to provide files, documents, and samples (if applicable) for the assessment and sampling process serving certification activities;

b) Entering and exiting production, storage, and warehouse areas; reviewing files, taking samples, photographing, copying, and recording necessary information for the assessment task;

c) Preparing minutes, proposing, and recommending measures for handling in cases where the consignor or production facility violates relevant regulations concerning quality and food safety;

d) Refusing to conduct assessments in cases where the consignor or production facility does not fully fulfill responsibilities as stipulated in Point b and Point c Clause 1 Article 38 of this Circular."

35. Amend Article 40 as follows:

"Article 40. Head of the Assessment Team

1. When performing assigned tasks, the head of the assessment team shall have responsibilities as an inspector as stated in Clause 1 Article 39 of this Circular and other responsibilities as follows:

a) Directing and assigning tasks to members of the assessment team to fully implement the contents specified in the decision to establish the assessment team;

b) Handling opinions and assessment results of team members and issuing final conclusions in the assessment minutes;

c) Reviewing and signing the assessment minutes, reporting on the assessment results, and bearing responsibility before the head of the assessment agency and the law for the results implemented by the assessment team."

2. Within the scope of the assigned tasks, the head of the inspection team shall have the powers as set forth in Clause 2, Article 39 of this Circular for an inspector, and the following additional powers:

a) Propose to the head of the Inspection Authority to issue a decision adjusting the members of the inspection team to fully implement the contents specified in the decision establishing the inspection team;

b) Issue the final conclusion of the inspection team on the results of the inspection.

36. Amend Point b, Clause 1, Article 41 as follows:

“b) Organize training, instruction, and guidance on professional matters for the inspection force regarding the examination of files, inspection of establishments, issuance of Food Safety Certificates; inspection and issuance of certificates for export consignments of aquatic products;”

37. Amend certain phrases as follows:

a) Replace the phrase "inspection" with the phrase "examination" in the following points, clauses, articles, and appendices: Point b, Clause 1; Clause 2; Point c, Clause 3, Article 2; Clause 3, Article 3; Article 4; Point b, Clause 1; Clause 2, Article 6; Article 13; Article 14; Article 15; Chapter III; Point b, Clause 1; Clause 2, Article 23; Clause 1, Article 29; Article 30; Article 31; Article 37; Article 38; Article 41; Article 42; Article 43; Form 5b-1, 5b-2, 5b-3, 5b-4, 5b-5, 5b-6, 5b-7, 5b-8 attached to Appendix V of Circular No. 48/2013/TT-BNNPTNT;

b) Replace the phrase "inspection and certification authority" with the phrase "examination authority" in the following points, clauses, articles, and appendices: Clause 1, Article 13; Point e, Clause 1, Article 15; Clause 6, Article 22; Clause 1, Clause 2, Article 23; Point c, Clause 3, Article 24; Clause 2, Clause 3, Article 27; Clause 5, Article 29; Clause 1, Clause 2, Article 31; Article 34; Point d, Clause 1; Point c, Clause 2, Article 37; Article 38; Point c, Clause 2, Article 41; Article 42; Point c, Clause 1, Article 43; Appendix VIII, XV, XVI of Circular No. 48/2013/TT-BNNPTNT;

c) Repeal the phrase "fees" in Point g, Clause 1, Article 37;

d) Repeal the phrase "post-certification inspection of Food Safety Certificate" in Point a, Point c, Clause 1, Article 41;

e) Replace the phrase "guidance, inspection, examination, and classification evaluation" with the phrase "guidance on examination of food safety conditions" in Appendix V, Form 5b-1, 5b-2, 5b-3, 5b-4, 5b-5, 5b-6, 5b-7, 5b-8 attached to Appendix V of Circular No. 48/2013/TT-BNNPTNT.

38. Replace Appendix I with Appendix II issued together with this Circular; Appendix II with Appendix III issued together with this Circular; Appendix III with Appendix IV issued together with this Circular; Appendix IV with Appendix V issued together with this Circular; Appendix VI with Appendix VI issued together with this Circular; Appendix VII with Appendix VII issued together with this Circular; Appendix IX with Appendix VIII issued together with this Circular; Appendix X with Appendix IX issued together with this Circular; Appendix XI with Appendix X issued together with this Circular; Appendix XII with Appendix XI issued together with this Circular; Appendix XIII with Appendix XII issued together with this Circular; Appendix XVII with Appendix XIII issued together with this Circular.

Article 3. Effectiveness

1. This Circular takes effect from February 15, 2023.

2. Circular No. 02/2017/TT-BNNPTNT dated February 13, 2017, amending and supplementing certain provisions of Circular No. 48/2013/TT-BNNPTNT dated November 12, 2013, on inspection and certification of food safety for exported aquatic products; Circular No. 16/2018/TT-BNNPTNT dated October 29, 2018, amending and supplementing certain provisions of Circular No. 48/2013/TT-BNNPTNT dated November 12, 2013, on inspection and certification of food safety for exported aquatic products; Circular No. 02/2017/TT-BNNPTNT dated February 13, 2017, amending and supplementing certain provisions of Circular No. 48/2013/TT-BNNPTNT shall cease to be effective from the date this Circular takes effect.

3. Applications for registration of examination and certification of food safety; examination and certification of export consignment of aquatic products submitted before this Circular takes effect shall be processed in accordance with the laws in effect at the time of submission.

4. In case the legal regulations referred to and applied in this Circular are amended, supplemented, or replaced by corresponding new regulations, such new regulations shall apply.

5. During the implementation of this Circular, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly report them to the Ministry of Agriculture and Rural Development (through the Directorate of Quality Assurance of Forestry and Aquatic Products) for consideration and decision./.