Decision No. 38/2008/QD-BYT Regarding the Issuance of "Regulations on Maximum Levels of Cross-Contaminated Melamine in Food"

Decision No. 38/2008/QD-BYT stipulates maximum levels of cross-contaminated melamine in food to ensure food hygiene and safety. This document applies to food production, business, and management entities.

Document No.38/2008/QĐ-BYT
Document typeDecision
Issuing authorityMinistry of Health
Signed byCao Minh Quang — Thứ trưởng
Updated18/06/2026
SectorHealth
Issued date11/12/2008
Effective date31/12/2008
Expiry date01/02/2023
StatusExpired
✦ Smart summary

Decision No. 38/2008/QD-BYT stipulates maximum levels of cross-contaminated melamine in food to ensure food hygiene and safety. This document applies to food production, business, and management entities.

Scope of application

Food production, business, and management entities; Provincial Departments of Health under central cities

Key points

  • The maximum level of cross-contaminated melamine in food is specifically stipulated (Article 1).
  • In cases where there are corresponding National Technical Regulations, the limit levels shall comply with those regulations (Article 2).
  • This Decision takes effect fifteen days after its publication in the Official Gazette.
  • Relevant authorities and units must implement and supervise the application of this Decision.
  • Provincial Departments of Health under central cities are responsible for organizing the implementation of melamine regulations within their jurisdiction.

🌐 Social impact of this document

  • To ensure food hygiene and safety for consumers.
  • Increase inspection and supervision costs for food production and business entities.
  • Health management agencies have additional responsibilities in monitoring and handling violations.

❓ Frequently asked questions

What is the maximum level of cross-contaminated melamine in food?

Specifically stipulated in Article 1 of Decision No. 38/2008/QD-BYT.

In cases where there are corresponding National Technical Regulations, what regulations will be followed for the maximum level of melamine?

Will comply with corresponding National Technical Regulations (Article 2).

When does this Decision take effect?

Takes effect fifteen days after its publication in the Official Gazette.

Full text

MINISTRY OF HEALTH

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness

Decision No. 38/2008/QĐ-BYT
Hanoi, December 11, 2008

DECISION

REGARDING THE ADOPTION OF “REGULATIONS ON MAXIMUM ALLOWABLE LEVELS OF MELAMINE CROSS-CONTAMINATION IN FOOD”

MINISTER OF HEALTH

Pursuant to Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Health;
Pursuant to Ordinance on Food Safety and Hygiene No. 12/2003/PL-UBTVQH11 dated July 26, 2003 of the Standing National Assembly and Decree No. 163/2004/NĐ-CP dated September 7, 2004 of the Government detailing implementation of certain provisions of the Ordinance on Food Safety and Hygiene;
At the proposal of the Director of the Department of Food Safety and the Head of the Science and Training Department – Ministry of Health,

DECIDES:

Article 1. To adopt with this Decision "Regulations on Maximum Allowable Levels of Melamine Cross-Contamination in Food".

Article 2. In the event that corresponding National Technical Regulations are promulgated, the maximum allowable levels of melamine cross-contamination in food shall be implemented according to such National Technical Regulations.

Article 3. This Decision takes effect fifteen days from its date of publication in the Official Gazette.

Article 4. The Director of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments: Legal Affairs, Science and Training; Director of the Department of Food Safety – Ministry of Health, Directors of Provincial Health Services under central cities, Heads of units directly subordinate to the Ministry of Health, Heads of health sectors, and Heads of related agencies are responsible for implementing this Decision.

 

DEPUTY MINISTER
VICE MINISTER

Cao Minh Quang

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