Decision No. 43/2005/QD-BYT on issuing the "Requirements for Knowledge on Food Safety Hygiene for Persons Directly Engaged in Food Production and Business"

DECISION OF THE MINISTER OF HEALTH

Regarding the issuance of "Regulations on Knowledge Requirements for Food Safety Hygiene for Persons Directly Engaged in Food Production and Business"

food for persons directly engaged in the production and business of food

THE MINISTER OF HEALTH

Pursuant to Decree No. 49/2003/NĐ-CP dated May 15, 2003 of the Government "Regarding the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Health";

Pursuant to Ordinance No. 12/2003/PL-UBTVQH11 on Food Safety and Hygiene dated July 26, 2003;

Pursuant to Decree No. 163/2004/NĐ-CP dated September 7, 2004 of the Government "Providing Detailed Regulations for Implementation of Certain Provisions of the Ordinance on Food Safety Hygiene";

CONSIDERING THE PROPOSAL OF THE DIRECTOR OF THE FOOD SAFETY AND SANITARY CONTROL COUNCIL - MINISTRY OF HEALTH,

DECISION:

Article 1. Issued together with this Decision "Regulations on Knowledge Requirements for Food Safety Hygiene for Persons Directly Engaged in Food Production and Business".

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3. The following individuals (ladies/gentlemen): Director of the Office, Inspector General, Head of the Legal Department, Director of the Food Safety and Hygiene Inspection Bureau, Heads of relevant units under the Ministry of Health, Directors of Provincial Health Services and Central City Health Services, and Heads of health agencies of various sectors are responsible for implementing this Decision.

REGULATIONS

Knowledge requirements for food safety hygiene for persons directly engaged in

food production and business

(Issued together with Decision No. 43/2005/QĐ-BYT

dated December 20, 2005 of the Minister of Health)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These regulations stipulate knowledge requirements for food safety hygiene for persons directly engaged in food production and business, appropriate to each type of food production and business activity within the territory of Vietnam.

Article 2. Applicability

Persons directly engaged in food production and business within the territory of Vietnam in the following facilities:

1. Food production and processing facilities: these are facilities that produce food products, including:

a) Industrial food production and processing facilities: these are facilities with production and processing lines mostly consisting of machinery for producing and processing food raw materials into food products.

b) Handicraft and semi-industrial food production and processing facilities: these are facilities with production and processing lines mostly consisting of manual labor or simple tools for producing and processing food raw materials into food products.

2. Food business facilities: these are facilities organizing the sale of food for profit, including:

a) Food retail facilities: these are facilities displaying food for sale to customers.

b) Catering service facilities: these are facilities operating catering services.

c) Food transportation facilities: these are facilities transporting food and food raw materials from one place to another.

Chapter II

REGULATIONS ON KNOWLEDGE REQUIREMENTS FOR

FOOD SAFETY HYGIENE

Article 4. Knowledge Requirements for Food Safety Hygiene when Practicing Profession

1. Individuals directly engaged in food production and business must have a Certificate proving they have been trained in food safety hygiene knowledge appropriate to their specific field of food production and business.

2. Individuals holding a bachelor's or associate degree in food hygiene, epidemiology, nutrition from a medical or pharmaceutical university; or a bachelor's or associate degree in food technology are exempt from obtaining a Certificate proving they have been trained in food safety hygiene knowledge when directly involved in food production and business.

Article 5. Updating Professional Knowledge

Individuals who already hold a Certificate proving they have been trained in food safety hygiene knowledge must annually participate in training to update their professional knowledge, specifically tailored to their respective fields of food production and business.

The owner of a food production and business facility has the responsibility to create conditions for individuals directly engaged in food production and business to participate in annual training; simultaneously, they must maintain a record of such training. The record must be confirmed by the training institution.

Article 6. Content of knowledge on food safety and hygiene includes

1. Basic knowledge required for obtaining the Certificate:

a) Food safety and hygiene hazards.

b) Food safety and hygiene conditions.

c) Methods to ensure food safety and hygiene (in production, processing, storage, transportation, consumption...).

d) Good practices for food safety and hygiene.

đ) Legal provisions on food safety and hygiene.

e) Knowledge on good manufacturing practices (GMP), good hygiene practices (GHP), hazard analysis and critical control points (HACCP).

2. Specialized knowledge specific to each food production and business sector.

Article 7. Duration of training on food safety and hygiene knowledge

The duration of training on food safety and hygiene knowledge is specified in Appendix I attached to this Regulation.

Chapter III

REGULATIONS ON TRAINING INSTITUTIONS AND IMPLEMENTATION ORGANIZATION

Article 8. Training institutions for food safety and hygiene knowledge

Specialized institutions for food safety and hygiene with the function of training food safety and hygiene can organize or participate in training and issue Certificates to trainees. The Certificate will be issued immediately after announcing the examination results meeting the requirements.

Specialized institutions for food safety and hygiene with the function of training include:

1. National Food Safety and Hygiene Inspection Center.

2. Specialized institutions for food safety and hygiene

a) Provincial and centrally-administered city preventive health centers.

b) District, county, town, and provincial city preventive health centers.

3. Institutions confirmed by the National Food Safety and Hygiene Inspection Center to have the necessary conditions to participate in teaching food safety and hygiene training:

a) Universities;

b) Research Institutes;

c) Scientific and technical associations for food safety;

d) Food safety and hygiene technology centers.

Article 9. Study materials for food safety and hygiene knowledge

The National Food Safety and Hygiene Inspection Center is responsible for developing study material content for learning food safety and hygiene knowledge according to the contents stipulated in Article 6 of this Regulation.

Article 10. Revocation of the Training Certificate on Food Safety and Hygiene Knowledge

Individuals directly involved in food production and business who are recorded in violation of food safety and hygiene regulations more than three times will have their Training Certificate on Food Safety and Hygiene Knowledge revoked by competent authorities and must retake the course to obtain a new Certificate.

Article 11. Inspection and Supervision

During the inspection and supervision of food production and business establishments, inspection and supervision agencies will record violations of food safety and hygiene regulations by individuals directly involved in food production and business.

Inspection and supervision records serve as the basis for state agencies with authority to revoke the Training Certificate on Food Safety and Hygiene Knowledge.

Article 12. Implementation Organization

1. The National Food Safety and Hygiene Inspection Center is responsible for guiding and directing the implementation of this Decision throughout the country.

2. Health Departments are responsible for guiding and directing the implementation within the provinces and cities under their management./.