第1至8行：已完成。

Pursuant to …;

Ton the implementation of specialized food safety inspection at districts, counties, towns, and wards, communes, townships of Hanoi City and Ho Chi Minh City

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Inspection Law dated November 15, 2010;

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

Pursuant to DecreeNo. Article 07/2012/NĐ-CP dated February 9, 2012 of the Government stipulating agencies assigned to perform specialized inspection functions and specialized inspection activities;

Pursuant to Decree No. 122/2014/NĐ-CP dated December 25, 2014 of the Government on the organization and operation of Health Inspection;

Implementing Resolution of the Government's regular meeting in January 2015No. No. 04/NQ-CP dated February 4, 2015;

At the proposal of the Minister of Healthpolicies,

The Prime Minister issues this Decision"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." on the implementation of specialized food safety inspection at districts, counties, towns (hereinafter referred to collectively as district level) and wards, communes, townships (hereinafter referred to collectively as ward level) ofNo. Hanoi City and Ho Chi Minh City."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." This Decision stipulates the standards, tasks, and authorities of persons assigned to conduct specialized food safety inspection at the district and ward levels; contents of inspection, inspection activities, management responsibilities for specialized food safety inspection at the district and ward levels; use of fines collected from administrative violations, areas and timeframes for piloting specialized food safety inspection at the district and ward levels in Hanoi City and Ho Chi Minh City.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Decision applies to agencies, organizations, individuals engaged in production and business operations related to food safety at the district and ward levels of Hanoi City and Ho Chi Minh City, and other relevant organizations and individuals.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

Article 2. Persons assigned to conduct specialized food safety inspection at the district and ward levels

1. At the district level, assign the task of specialized food safety inspection to civil servants and staff under the establishment of the following departments: Health, Economy, Agriculture and Rural Development; Health Centers, Market Management Teams.

2. At the ward level, assign the task of specialized food safety inspection to staff under the establishment of Health Stations; ward-level civil servants responsible for agriculture and economy.

3. In addition to the civil servants and staff specified in Clauses 1 and 2 of this Article, the Chairman of the People's Committee at the district level shall, based on local food safety management requirements, assign civil servants and staff under the establishment of other units at the district and ward levels to perform specialized food safety inspection tasks (if necessary).

Article 3. Standards for persons assigned to conduct specialized food safety inspection at the district and ward levels

1. They are civil servants and staff as stipulated in Article 2 of this Decision assisting the People's Committee at the district and ward levels in managing food safety.

2. Understanding laws, with at least one year of experience in fields related to food safety management.

3. Holding a certificate in inspection training.

Article 4. Authority to decide on the assignment of personnel to perform specialized food safety inspection tasks at the district and ward levels

The Chairman of the People's Committee at the district and ward levels shall, based on the objects and standards stipulated in Articles 2 and 3 of this Decision and local food safety management requirements, decide on the assignment of civil servants and staff to perform specialized food safety inspection tasks; specify the number of persons assigned to perform specialized food safety inspection tasks at the district and ward levels. In cases where civil servants and staff not under the management of the People's Committee at the district and ward levels are assigned to perform specialized food safety inspection tasks, there must be agreement from the head of the unit managing those civil servants and staff before making such a decision.

The Chairman of the People's Committee at the district and ward levels shall assign civil servants and officials to perform specialized food safety inspection tasks based on the subjects and criteria stipulated in Article 2 and Article 3 of this Decision and the management requirements for food safety within their jurisdiction. They shall determine the number of personnel assigned to carry out specialized food safety inspection tasks at the district and ward levels. In cases where civil servants and officials who are not under the management of the People's Committee at the district and ward levels are assigned to perform specialized food safety inspection tasks, the agreement of the head of the unit managing those civil servants and officials must be obtained prior to making such a decision.

Article 5. Duties and powers of persons assigned to conduct specialized food safety inspection at district level

1. Advise the Health Department, the lead agency, in drafting the district's specialized food safety inspection plan for submission to the Chairman of the District People's Committee for approval and implementation.

2. Participate in inspection teams or conduct independent inspections of compliance with laws on food safety, technical regulations, and food safety management rules within the district according to decisions of the Chairman of the District People's Committee.

3. Participate in inspection teams conducting inspections of cases suspected of violating laws related to food safety upon request from the provincial or municipal specialized food safety inspection agency.

4. Assist the Health Department and relevant units in monitoring, urging, and inspecting the implementation of conclusions, recommendations, and administrative violation handling decisions regarding food safety issued by the Chairman of the District People's Committee.

5. Advise the Health Department, the lead agency, in assisting the District People's Committee in managing food safety, compiling reports on the results of specialized food safety inspections within the district to be submitted to the Food Safety Supervision Agency, Market Management Agency, and Quality Control Agency for Forestry, Agriculture, and Aquatic Products.

Article 6. Duties and powers of persons assigned to conduct specialized food safety inspection at ward level

1. Advise the Ward People's Committee in drafting the ward's specialized food safety inspection plan for submission to the Chairman of the Ward People's Committee for approval and implementation.

2. Participate in inspection teams or conduct independent inspections of compliance with laws on food safety, technical regulations, and food safety management rules within the ward.

3. Assist the Ward People's Committee in monitoring, urging, and inspecting the implementation of conclusions, recommendations, and administrative violation handling decisions regarding food safety issued by the Chairman of the Ward People's Committee.

4. Advise the Ward People's Committee in compiling and reporting the results of specialized food safety inspections within the ward to the District People's Committee.

Article 7. Inspection Content

The content of food safety inspections shall be carried out in accordance with Article 67 of the Food Safety Law.

Article 8. Competence to handle administrative violations

1. Persons assigned to conduct specialized food safety inspections at the district and ward levels have the authority to handle administrative violations in accordance with Clause 1 of Article 46 of the Administrative Violation Handling Law; Clause 3 of Article 4 and Clause 1 of Article 33 of Decree No. 178/2013/ND-CP dated November 14, 2013 of the Government on administrative penalties for violations of food safety laws.

2. In cases where the authority to handle administrative violations is exceeded, persons assigned to conduct specialized inspections or the Head of the specialized food safety inspection team at the district and ward levels shall prepare a record of the violation of the inspected entity for submission to the Chairman of the same-level People's Committee for decision within their authority.

Article 9. Benefits and Policies for Persons Assigned to Conduct Specialized Food Safety Inspections at the District and Ward Levels

Persons assigned to conduct specialized food safety inspections at the district and ward levels shall be supported in enhancing their professional skills in inspection and food safety; provided with specific uniforms and entitled to benefits under the specialized inspection regime stipulated in Article 13 of Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government on agencies tasked with performing specialized inspection functions and specialized inspection activities.

Chapter II

SPECIALIZED FOOD SAFETY INSPECTION ACTIVITIES AT THE DISTRICT AND WARD LEVELS

Section 1

ACTIVITIES OF INSPECTION TEAMS

Article 10. Competence to issue inspection decisions according to plans and spot inspections

1. Competence to issue inspection decisions according to plans:

The Chairman of the District or Ward People's Committee issues inspection decisions and establishes inspection teams.

2. Competence to issue spot inspection decisions:

a) Surprise inspections are conducted when signs of violations of food safety laws are discovered or as required for the resolution of complaints or accusations or at the request of higher-level management agencies.

b) The Chairman of the District or Ward People's Committee issues surprise inspection decisions and establishes inspection teams. In cases where the Chairman of the District People's Committee issues a surprise inspection decision, such decisions and the establishment of inspection teams shall be reported to the Director of the Health Department, the Department of Agriculture and Rural Development, and the Department of Industry and Trade; in cases where the Chairman of the Ward People's Committee issues a surprise inspection decision, such decisions and the establishment of inspection teams shall be reported to the Chairman of the District People's Committee.

Article 11. Duration of specialized inspection by food safety inspection teams at district and ward levels

1. A specialized inspection decided to be conducted by the Chairman of the People's Committee at the district level shall not exceed thirty days; in complex cases, it may be extended but not more than forty-five days.

2. A specialized inspection decided to be conducted by the Chairman of the People's Committee at the ward level shall not exceed twenty days; in complex cases, it may be extended but not more than thirty days.

Article 12. Specialized Inspection Teams

1. Composition of specialized inspection teams at district and ward levels:

a) The specialized food safety inspection team at the district level, established by the Chairman of the People's Committee at the district level, consists of the Head of the Inspection Team, Deputy Head of the Inspection Team, and members of the inspection team. The person appointed as the Head of the Inspection Team must be at least a Deputy Director of the District Office or an Inspector or Specialist. Members of the inspection team are those assigned to conduct specialized inspections; other civil servants and officials of the district and related functional units managing food safety within the district area (after obtaining the agreement of the management agency of the person appointed to join the inspection team).

b) The specialized food safety inspection team at the ward level, established by the Chairman of the People's Committee at the ward level, consists of the Head of the Inspection Team, Deputy Head of the Inspection Team, and members of the inspection team. The person appointed as the Head of the Inspection Team must be at least a Deputy Head of the Ward Health Station or equivalent. Members of the inspection team are those assigned to conduct specialized inspections; other civil servants and officials of the ward and related functional units managing food safety within the ward area (after obtaining the agreement of the management agency of the person appointed to join the inspection team).

2. The Head of the Inspection Team performs duties and powers as prescribed in Article 53 of the Inspection Law; is responsible under the law and before the person who decides on the inspection regarding the performance of inspection tasks. When conducting inspections, the Head of the Inspection Team has the authority to decide on sampling for testing food safety indicators.

3. Those assigned to conduct specialized inspections have duties and powers as prescribed in Article 54 of the Inspection Law (members of the inspection team who are not assigned to conduct specialized inspections shall not exercise the powers prescribed in Point d Clause 1 and Clause 3 of Article 54 of the Inspection Law); are responsible under the law and before the person who decides on the inspection regarding the performance of the assigned inspection tasks.

Section 2

ACTIVITIES OF PERSONS ASSIGNED TO CONDUCT INDEPENDENT SPECIALIZED INSPECTIONS

Article 13. Assignment of persons assigned the task of conducting independent specialized inspections

The Chairman of the People's Committee at the district and ward levels assigns persons assigned to conduct specialized food safety inspections within their jurisdiction to independently conduct specialized inspections based on the inspection plan. The assignment decision includes the following contents:

1. Name, position, identification number of the civil servant or officer of the person assigned the task of conducting independent specialized inspections.

2. Scope, content, tasks of the inspection.

3. Time to conduct the inspection.

Article 14. Duration of independent specialized inspections

The maximum duration of independent specialized inspections for each inspected entity is five working days, starting from the day the inspection begins.

Article 15. Duties and powers of persons assigned to conduct independent specialized food safety inspection at district and ward levels

1. Carry out tasks according to the division of labor by the Chairman of the People's Committee at the district and ward levels.

2. Present the assignment document; civil servant or officer identification when conducting the inspection.

3. Require inspected entities to present relevant documents related to the content and scope of the inspection.

4. Record violations of inspected entities in a report.

5. Handle administrative violations within the authority prescribed in Article 8 of this Decision; in cases exceeding such authority, report to the person assigning the inspection task for consideration and handling.

6. Record the working session with the inspected entity upon completion of the inspection.

7. Report to the person assigning the inspection task on the performance of duties; be responsible before the Chairman of the People's Committee at the district and ward levels and before the law for their actions and decisions.

Article 16. Reporting on the results of specialized inspection tasks

Report the results of specialized food safety inspections in accordance with Articles 25 and 32 of Decree No. 07/2012/NĐ-CP dated February 9, 2012, of the Government on agencies assigned to perform specialized inspection functions and specialized inspection activities.

Chapter III

RESPONSIBILITIES IN MANAGING SPECIALIZED FOOD SAFETY INSPECTION ACTIVITIES AT THE DISTRICT AND WARD LEVELS

Article 17. Provisions on re-inspection

1. When assigned by the Director of the Department, the Heads of Inspection Departments of the Departments of Health, Agriculture and Rural Development, Industry and Trade decide to re-inspect cases that have been concluded by the Chairman of the People's Committee at the district level; the Heads of Food Safety Supervision, Market Management, and Quality Control of Forestry, Agricultural, and Aquatic Products Departments decide to re-inspect cases that have been concluded by the Chairman of the People's Committee at the ward level.

2. Re-inspections shall be carried out in accordance with Articles 35, 36, 37, and 38 of Decree No. 07/2012/NĐ-CP dated February 9, 2012, of the Government on agencies assigned to perform specialized inspection functions and specialized inspection activities.

Article 18. Responsibility for building and approving inspection plans

The People's Committee at the ward level, based on the requirements of food safety management on its territory, is responsible for building an inspection plan for food safety and sending it to the People's Committee at the district level (Health Office) for consolidation. The People's Committee at the district level builds an inspection plan for the district and sends it to the Health Department (Departmental Inspection); the Director of the Health Department is responsible for coordinating with the Directors of the Departments of Agriculture and Rural Development, and Industry and Trade to approve the food safety inspection plan for the district and ward levels before this Decision takes effect.

Article 19. Responsibility for guiding inspection procedures

The Inspection Departments of the Health, Agriculture and Rural Development, and Industry and Trade Departments are responsible for guiding inspection procedures for specialized food safety inspectors at the district and ward levels.

Article 20. Responsibilities for handling overlapping activities in specialized inspections

1. The Heads of the Inspection Departments of the Health, Agriculture and Rural Development, and Industry and Trade Departments are responsible for resolving overlaps regarding the scope, subjects, content, and time of inspections between district and ward-level food safety inspections and the Inspection Departments of Food Safety Supervision, Market Management, and Quality Control of Forestry, Agricultural, and Aquatic Products. In cases where the district-level inspection plan overlaps with the inspection plans of these Inspection Departments, the inspection plan of these Inspection Departments shall be followed. In cases where the ward-level inspection plan overlaps with the district-level inspection plan, the district-level inspection plan shall be followed.

2. In cases of overlap with the inspection plan of higher-level food safety inspection agencies, the higher-level inspection plan shall be followed.

Article 21. Reporting System

1. Every three months, the People's Committee at the district level, based on the consolidated reports from the ward level and the results of inspections conducted by itself, sends a report to the Health Department for consolidation and reporting to the Ministry of Health (Food Safety Administration).

2. Submit ad hoc reports when required.

Article 22. Responsibilities of Heads of Units with Civil Servants and Officials Assigned Professional Inspection Tasks

The head of the unit where civil servants and officials are assigned professional food safety inspection tasks at the district and commune levels shall be responsible for assigning tasks, leading, and directing such civil servants and officials to complete their tasks; implementing salary payments, travel expenses, and allowances for civil servants and officials in accordance with regulations.

Chapter IV

BUDGET FOR PROFESSIONAL FOOD SAFETY INSPECTION ACTIVITIES AT THE DISTRICT AND COMMUNE LEVELS

Article 23. Use of Budget and Revenue from Administrative Sanctions for Food Safety Violations at the District and Commune Levels

1. The budget for ensuring food safety and professional food safety inspection activities at the district and commune levels shall be guaranteed by local budgets according to the classification under the State Budget Law.

2. Revenue from administrative sanctions for food safety violations shall be retained at 100% to fund food safety assurance activities at the district and commune levels.

3. The Chairman of the People's Committee of the district shall decide on the use of revenue from administrative sanctions for food safety violations at the district and commune levels to fund food safety assurance activities in the locality based on the provisions of the law on budget management.

ChapterV

IMPLEMENTATION

Article 24. Pilot Implementation Area and Time

1. Pilot implementation area: The Chairman of the People's Committee of Hanoi City and Ho Chi Minh City shall select five administrative units at the district level and ten administrative units at the commune level within the selected districts in each city to implement the pilot program.

2. Pilot implementation time: One year (twelve months), starting from the date this Decision takes effect.

Article 25. Responsibilities and Effectiveness of Implementation

1. This Decision takes effect from November 15, 2015.

2. The Chairmen of the People's Committees of Hanoi City and Ho Chi Minh City shall be responsible for directing, inspecting, and urging the implementation of this Decision.

3. The Ministry of Health shall be responsible for coordinating with the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, the People's Committees of Hanoi City and Ho Chi Minh City to implement, guide, evaluate, and summarize the results of the pilot professional food safety inspection activities at the district and commune levels in Hanoi City and Ho Chi Minh City, and propose specific policies to enhance the capacity of professional food safety inspections.

4. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, the Chairmen of the People's Committees of Hanoi City and Ho Chi Minh City, and related organizations and individuals shall be responsible for enforcing this Decision./.