Circular No. 45/2014/TT-BNNPTNT on the inspection of agricultural inputs production and business establishments and the inspection and certification of food safety conditions for agricultural, forestry, and aquatic products production and business establishments.

CIRCULAR

Article 24||| provides for the inspection of agricultural material production and business establishments and the inspection and certification of agricultural, forestry, and aquatic product production and business establishments meeting food safety conditions.

||| On the basis of the Product Quality Law adopted by the National Assembly on November 21, 2007, and the Government Decree No. 132/2008/NĐ-CP dated December 31, 2008 detailing certain provisions of the Product Quality Law;

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Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

||| On the basis of the Food Safety Law adopted by the National Assembly on June 17, 2010, and the Government Decree No. 38/2012/NĐ-CP dated April 25, 2012 detailing certain provisions of the Food Safety Law;

||| On the basis of the Standardization and Technical Regulation Law adopted by the National Assembly on June 29, 2006, and the Government Decree No. 127/2007/NĐ-CP dated August 1, 2007 detailing certain provisions of the Standardization and Technical Regulation Law;

||| On the basis of Circular Jointly Issued by the Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade No. 13/2014/TTLT-BYT-BNNPTNT-BCT dated April 9, 2014 guiding the division of responsibilities and coordination in state management of food safety;

||| The Minister of Agriculture and Rural Development issues this Circular to provide for the inspection of agricultural material production and business establishments and the inspection and certification of agricultural, forestry, and aquatic product production and business establishments meeting food safety conditions under the jurisdiction of the Ministry of Agriculture and Rural Development; the responsibilities and authorities of the relevant parties.

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

||| 1. Agricultural material production and business establishments with a business registration certificate.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

||| 2. Agricultural material production and business establishments providing rural drinking water.

Article 2. Applicability

||| 3. Agricultural, forestry, and aquatic product production and business establishments include:

||| a. Primary agricultural, forestry, and aquatic food production establishments with a business registration certificate, investment certificate, or economic farm certificate; fishing vessels with a total main engine power of 90HP or more;

||| b. Collection, preliminary processing, processing, and trading establishments of food products under the jurisdiction of the Ministry of Agriculture and Rural Development;

||| c. Ice production and business establishments for preserving and processing food products under the jurisdiction of the Ministry of Agriculture and Rural Development;

||| d. Production and business establishments of food-related tools, materials, and containers attached to agricultural, forestry, and aquatic food production and business establishments;

||| e. Production and business establishments of multiple types of food products under the jurisdiction of the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade (Clause 4, Article 3 of Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT dated April 9, 2014).

||| 4. Relevant agencies, organizations, and individuals involved in the production and business activities of the establishments mentioned in Clauses 1, 2, and 3 of this Article.

||| 1. Levels of fault:

(hereinafter referred to as the establishment).

||| a) Serious fault: deviation from technical regulations or standards or other provisions affecting product quality and food safety.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

||| b) Major fault: deviation from technical regulations or standards or other provisions that, if prolonged, will affect product quality and food safety but not to the extent of serious fault.

||| c) Minor fault: deviation from technical regulations or standards or other provisions that may affect product quality and food safety or hinder quality and food safety control.

||| 2. Agricultural, forestry, and aquatic food business establishment: a place conducting one, several, or all activities of introducing, storing, transporting, or selling agricultural, forestry, and aquatic food products.

||| 3. Agricultural material business establishment: a place conducting one, several, or all activities of introducing, storing, transporting, or selling agricultural materials.

||| 4. Primary agricultural, forestry, and aquatic food production establishment: a place conducting one, several, or all activities of planting, breeding, harvesting, fishing, aquaculture, salt production.

||| 5. Agricultural material production establishment: a place conducting one, several, or all activities of producing, packaging, and storing to create agricultural material products.

||| 6. Traceability: the process of tracing the formation and circulation of products.

||| 7. Agricultural materials: including crop seeds, livestock breeds, organic fertilizers, other fertilizers, animal feed, fish feed, plant protection chemicals, veterinary drugs, chemicals, biological preparations, treatment and environmental improvement agents in agriculture and aquaculture.

||| 1. Vietnamese technical regulations and standards.

||| 2. Legal normative documents and related provisions concerning the quality of agricultural materials and the safety of agricultural, forestry, and aquatic products.

Article 4. Basis for inspection

||| 1. Central inspection agencies: specialized General Departments and Bureaus under the Ministry of Agriculture and Rural Development assigned by the Ministry of Agriculture and Rural Development.

||| 2. Local inspection agencies: decided by the Provincial People's Committee based on the assignment and delegation of authority by the Ministry of Agriculture and Rural Development, local practical conditions, and proposals from the Department of Agriculture and Rural Development.

Article 5. Inspection Authority

1. Central inspection agencies: Are the General Departments and specialized management departments under the Ministry of Agriculture and Rural Development as assigned by the Ministry of Agriculture and Rural Development.

2. Local inspection agencies: Are determined by the People's Committee of the province based on the division of labor and delegation from the Ministry of Agriculture and Rural Development, the actual situation of the locality, and the proposal of the Department of Agriculture and Rural Development.

Article 6. Forms of inspection

1. Inspection and classification: This form of inspection involves prior notice and aims to thoroughly check all contents related to quality assurance and food safety conditions of the establishment; it is applied to:

a) Establishments being inspected for the first time;

b) Establishments that have been inspected and met requirements but have since made repairs or expanded production;

c) Establishments that have been inspected and not met requirements but have since corrected all errors;

d) Establishments that have been inspected and met requirements but had their periodic inspections postponed for more than six months;

đ) Establishments that have been granted certificates of compliance with food safety conditions but have had such certificates revoked or changed ownership, or have undergone changes in quality and food safety assurance conditions compared to the initial state.

2. Periodic inspection: This form of inspection does not involve prior notice and is applied to establishments that have been classified as meeting requirements, aiming to monitor the maintenance of quality and food safety assurance conditions.

3. Surprise inspection: This form of inspection without prior notice is applied when:

a) There are complaints from organizations or individuals directly related to the establishment regarding violations of quality and food safety assurance conditions;

b) There are consumer or media reports about violations related to the quality and safety of products from the establishment;

c) As required by management or directives from higher authorities.

Article 7. Content and methods of inspection

1. Inspection content:

a) Physical facilities and equipment;

b) Human resources involved in production, business operations, and quality and food safety management;

c) Quality and food safety management programs; standards, technical regulations, and product labeling currently in use;

d) Sampling for testing: Sampling for testing is conducted when there is suspicion that the product does not meet quality and food safety requirements; sampling focuses on establishments expected to be classified as Category C. The analytical criteria are determined based on risk assessment concerning quality and food safety and focus on the content of the inspection evaluating non-compliance with quality and food safety assurance conditions according to regulations. Sampling and analysis must be carried out in accordance with current regulations.

2. Inspection methods: Include on-site inspection of physical facilities, equipment, and human resources involved in production and business operations; inspection of records and interviews with relevant parties; sampling when necessary.

Article 8. Classification Forms

1. Category A (excellent): Applied to establishments fully meeting all requirements for quality and food safety assurance conditions.

2. Category B (satisfactory): Applied to establishments basically meeting requirements for quality and food safety assurance conditions; still having some errors but not seriously affecting quality and food safety.

3. Category C (unsatisfactory): Applied to establishments failing to meet requirements for quality and food safety assurance conditions.

Specific classification criteria for each type of establishment are stipulated in the Inspection Report issued together with this Circular.

Article 9. Frequency of inspection

1. The frequency of inspection for agricultural inputs production and trading establishments; rural water supply production and trading establishments is as follows:

a) Establishments classified as Category A: once every two years;

b) Establishments classified as Category B: once a year;

c) Establishments classified as Category C: the re-inspection date depends on the severity of the errors found during the initial inspection and is decided by the Inspection Authority, but shall not exceed six months from the date of the initial Category C classification.

2. The frequency of inspection for agricultural, forestry, and aquatic food production and trading establishments is as follows:

a) Establishments classified as Category A: once a year;

b) Establishments classified as Category B: twice a year;

c) Establishments classified as Category C: the re-inspection date depends on the severity of the errors found during the initial inspection and is decided by the Inspection Authority, but shall not exceed three months from the date of the initial Category C classification. If the re-inspection date coincides with the end of the harvest season, the re-inspection will be conducted at the start of the next season.

Article 10. Requirements for the Team Leader, Inspectors, and Sample Collectors

1. Requirements for the Team Leader:

a) Possessing relevant expertise in the inspection field;

b) Having participated in specialized training courses appropriate to the inspection field and inspector training courses;

c) Having participated in at least five (5) inspection rounds in the inspection field.

2. Requirements for Inspectors:

a) Possessing relevant expertise in the inspection field;

b) Having participated in specialized training courses appropriate to the inspection field and inspector training courses.

3. Requirements for Sample Collectors:

a) Possessing relevant expertise;

b) Holding a certificate or certification regarding sample collection or having attended training or workshops that include sample collection content.

Article 11. Fees and Charges

1. The collection of inspection fees and certification charges for food safety facilities shall be carried out in accordance with the current regulations of the Ministry of Finance.

2. For inspection activities not covered by the Ministry of Finance's fee collection regulations, the Inspection Authority shall prepare a budget plan from the annual state budget, submit it for approval by the competent authority, and implement it after approval.

Chapter II

INSPECTION OF AGRICULTURAL AND FOREST-FARM-SEAFOOD MATERIALS PRODUCTION AND BUSINESS UNITS; CERTIFICATION OF AGRICULTURAL AND FOREST-FARM-SEAFOOD MATERIALS PRODUCTION AND BUSINESS UNITS MEETING FOOD SAFETY REQUIREMENTS

Section 1: INSPECTION OF AGRICULTURAL AND FOREST-FARM-SEAFOOD MATERIALS PRODUCTION AND BUSINESS UNITS

Article 12. Statistics and Listing of Production and Business Units

The Inspection Authority shall conduct statistics and compile a list of units under its jurisdiction according to the division of responsibilities set forth in Article 5 of this Circular, using the form attached as Appendix I. This list will serve as the basis for the Inspection Authority to develop inspection plans.

Article 13. Notification of Inspection Plans

1. For inspection methods involving classification: The Inspection Authority is responsible for notifying the inspected unit of the inspection plan at least five (5) working days before the inspection date (by means such as direct notification, fax, email, or postal service). The inspection plan includes:

a) The expected inspection date;

b) Scope, content, and method of inspection;

c) Personnel and document preparation requirements for working with the Inspection Team.

2. For regular and surprise inspections, the inspection plan shall be announced at the opening meeting of the Inspection Team at the inspected unit.

Article 14. Formation of the Inspection Team

1. The head of the Inspection Authority issues a decision to establish the Inspection Team. The establishment decision must specify:

a) Basis for inspection;

b) Scope, content, and method of inspection;

c) Name and address of the inspected unit;

d) Names and positions of the head of the team and other members;

d) Responsibilities of the inspected unit and the Inspection Team.

2. In cases where the inspected unit engages in multiple agricultural and forest-farm-seafood product categories, the head of the assigned leading agency has the responsibility to notify related agencies to request participation in the Inspection Team.

Article 15. Conducting Inspections at the Unit

1. The Inspection Team announces the establishment decision, clearly stating the purpose and content of the inspection.

2. Conduct on-site inspections (material conditions, equipment, and human resources involved in production and business operations), review documents and materials, and interview (if necessary), collect samples for testing as stipulated in Clause 1, Article 7 of this Circular.

3. Prepare the inspection report and hold a closing meeting to announce the inspection results.

Article 16. Inspection Record

1. Model of Inspection Record

a) For agricultural production and business establishments, rural water supply production and business establishments: In accordance with the models set forth in Appendix II attached to this Circular.

b) For food production and business establishments of agriculture, forestry, and fisheries: In accordance with the models set forth in Appendix III attached to this Circular. In cases where the establishment does not fall under the types specified in Appendix III, the model set forth in Appendix IV attached to this Circular shall be applied.

2. Requirements for Inspection Records

a) Must be prepared by the inspection team at the establishment immediately after the completion of the inspection;

b) Fully and accurately reflect the results of the inspection;

c) Clearly record items that do not meet quality and food safety standards and the deadlines for the establishment to rectify deficiencies;

d) Provide a general conclusion on the conditions ensuring quality and food safety and the anticipated classification level of the establishment;

e) Include comments from the authorized representative of the establishment regarding the inspection results and commitment to rectify deficiencies (if applicable);

f) Be signed by the head of the inspection team, signed by the authorized representative of the establishment, and stamped across the pages of the record by the establishment (if applicable). If the establishment does not have a seal, each page must be signed;

g) In cases where the establishment's representative disagrees to sign the Inspection Record, the inspection team must note: "The representative of the inspected establishment did not sign the record" and specify the reasons why the representative did not sign. This record still has legal validity if it bears the signatures of all members of the inspection team;

h) Be made in two copies: one copy retained by the Inspection Authority, one copy retained by the establishment; additional copies may be made if necessary.

Article 17. Handling Inspection Results

After reviewing the inspection records of the inspection team (on-site review at the establishment may be conducted if necessary), within seven working days from the end of the inspection, the Inspection Authority shall proceed as follows:

1. In case of inspection and classification:

a) Recognize and notify the inspection results to establishments classified as A or B. For establishments with multiple product categories, the frequency of periodic inspections will be determined based on the lowest classification level among the product categories.

b) Notify establishments classified as C along with requirements to rectify deficiencies. Depending on the severity of the deficiencies, the inspection authority may recommend competent authorities to handle violations according to the law, while also deciding on the deadline for rectification and organizing re-inspection. If the re-inspection shows that the establishment has not rectified the deficiencies and continues to be classified as C, the inspection authority will notify the competent authority to request revocation of the business registration certificate of the establishment.

2. In case of periodic or spot inspections:

a) For establishments downgraded to B: Notify the establishment about the downgrade and the inspection frequency to be applied in the future.

b) For establishments downgraded to C: Notify the establishment along with requirements to rectify deficiencies. Depending on the severity of the deficiencies, the inspection authority may recommend competent authorities to handle violations according to the law, while also deciding on the deadline for rectification and organizing re-inspection. If the re-inspection shows that the establishment has not rectified the deficiencies and continues to be classified as C, the inspection authority will notify the competent authority to request revocation of the business registration certificate of the establishment.

3. Issue a Certificate of Food Safety Compliance to food production and business establishments of agriculture, forestry, and fisheries classified as A or B as stipulated in Article 18 of this Circular.

4. If the test results show that the products violate quality and food safety regulations, the inspection authority will recommend competent authorities to handle the matter according to the law, while simultaneously publicizing the analytical results.

5. The inspection authority will not recognize establishments classified as A or B if they have test results violating quality and food safety regulations. Recognition of classification levels A or B will be reconsidered after the establishment investigates the cause and implements corrective measures, which must be reviewed and found satisfactory by the inspection authority.

6. The inspection authority will publicly announce through mass media establishments that meet and those that do not meet the conditions for quality and food safety.

Mục 2: CERTIFICATION OF AGRICULTURAL, FORESTRY AND FISHERY PRODUCTION AND BUSINESS UNITS MEETING FOOD SAFETY REQUIREMENTS

Article 18. Procedures for Issuing, Reissuing, and Revoking the Food Safety Certificate (hereinafter referred to as the Food Safety Certificate)

1. The competent authority issuing the Food Safety Certificate: Is the inspection body specified in Article 5 of this Circular, on the principle that the body conducting the inspection shall issue the food safety certificate.

2. The Food Safety Certificate is valid for a period of three years. The model of the Food Safety Certificate is prescribed in Appendix V attached to this Circular.

3. The application dossier for the issuance of the Food Safety Certificate includes:

a) An application form for the Food Safety Certificate according to the model set out in Appendix VI attached to this Circular;

b) A business registration certificate or investment certificate with a business activity in food production or trade, or an economic farm certificate (except for fishing vessels with a total main engine power of 90HP or more): a certified copy or a copy accompanied by the original for verification;

c) A description of the food safety assurance conditions of the unit according to Appendix VII attached to this Circular (except for fishing vessels with a total main engine power of 90HP or more);

d) A list of the owner of the unit and persons directly involved in food production and trade who have been issued a knowledge confirmation certificate on food safety (confirmed by the production and trading unit);

đ) A list of the owner of the unit and persons directly involved in food production and trade who have been issued a health confirmation certificate by a health facility at district level or higher (confirmed by the production and trading unit).

4. Procedures for Issuing the Food Safety Certificate:

a) The unit submits one set of the application dossier for the Food Safety Certificate to the competent authority issuing the Food Safety Certificate as stipulated in Clause 1 of Article 18 of this Circular. The dossier may be submitted in one of the following forms: direct submission, fax, email, electronic network (followed by submission of the original dossier); postal service;

b) Within three working days from the date of receipt of the application dossier for the Food Safety Certificate, the competent authority issuing the Food Safety Certificate must examine the completeness of the dossier and notify the unit in writing if the dossier is incomplete;

c) Within fifteen working days from the date of receiving the complete dossier, the competent authority issuing the Food Safety Certificate conducts a review of the dossier, checks, classifies the unit based on the results of the inspection conducted by the relevant unit, or organizes an on-site inspection of the food safety assurance conditions at the unit (in cases where the unit has not yet been inspected and classified), and issues the Food Safety Certificate if the conditions are met. In cases where the Food Safety Certificate is not issued, the competent authority must provide a written response and specify the reasons.

5. Reissuing the Food Safety Certificate:

a) Six months before the expiration date of the Food Safety Certificate, the unit submits the application dossier for reissuing the Food Safety Certificate in cases of continued production and trade.

The procedures and requirements for reissuing the Food Safety Certificate, the validity period of the Food Safety Certificate, the dossier, and the procedures for reissuing the Food Safety Certificate in this case are similar to those for issuing the Food Safety Certificate as stipulated in Clauses 1, 2, 3, and 4 of Article 18 of this Circular.

b) In cases where the Food Safety Certificate still has validity but is lost, damaged, or misplaced, or there are changes or additions to the information on the Food Safety Certificate, the unit must submit a written request for reissuing the Food Safety Certificate according to Appendix V to the competent authority issuing the Food Safety Certificate for consideration.

Within five working days from the date of receipt of the written request for reissuing the Food Safety Certificate from the unit, the competent authority issuing the Food Safety Certificate will conduct a review of the dossier and consider and reissue the Food Safety Certificate to the unit. The validity period of the reissued Food Safety Certificate corresponds to the expiration date of the previously issued Food Safety Certificate. In cases where the reissuance is not granted, the competent authority issuing the Food Safety Certificate must provide a written notification and specify the reasons.

6. Revocation of the Food Safety Certificate:

a) Agricultural, forestry, and fishery production and business units will have their Food Safety Certificates revoked in cases as prescribed in Article 13 of Decree No. 38/2012/NĐ-CP dated April 25, 2012, of the Government detailing the implementation of certain provisions of the Law on Food Safety.

b) Authority to revoke the Food Safety Certificate:

The agency that has the authority to issue the Food Safety Certificate also has the authority to revoke the Food Safety Certificate.

7. In cases where there are specific regulations on the procedures for issuing, revoking, and reissuing the Food Safety Certificate for agricultural, forestry, and fishery food production and business units with special characteristics, such specific regulations shall apply.

Article 19. Issuance of Food Safety Knowledge Confirmation Certificates to the Owners of Business Establishments and Direct Producers and Sellers of Food

1. The authority issuing the Food Safety Knowledge Confirmation Certificate shall be the authorities specified in Clause 1 of Article 18 of this Circular, based on the principle that the authority which issues the certificate confirming the food safety conditions of a business establishment shall have the authority to issue the Food Safety Knowledge Confirmation Certificate. The issuing authority may delegate or authorize subordinate units to issue such certificates in accordance with the provisions of the law.

2. The subjects eligible for issuance of the certificate include:

a) Owners of production and trading establishments: The owner of the establishment or the person hired or authorized by the owner to directly manage the production and trading activities of the establishment.

b) Direct producers and sellers: Individuals directly involved in the production and trading processes at the establishments.

3. The application dossier for the issuance of the Food Safety Knowledge Confirmation Certificate, the process of confirming knowledge about food safety, and the management of the Food Safety Knowledge Confirmation Certificate are stipulated in Articles 10, 11, and 12 of the Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT dated April 9, 2014, issued by the Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade guiding the division of labor and coordination in state management of food safety.

4. The examination of knowledge about food safety shall be conducted through a multiple-choice test consisting of 30 questions, including 20 questions on general knowledge content and 10 questions on specialized knowledge content, with a time limit of 45 minutes for completing the test.

5. The content of food safety knowledge and the set of questions for assessing knowledge about food safety shall be developed and promulgated, or submitted for approval by the Ministry of Agriculture and Rural Development, by the Directorate of Quality Assurance of Agricultural and Forestry Products in collaboration with relevant General Departments and Bureaus.

Chapter III

IMPLEMENTATION

Article 20. People's Committees of provinces and centrally-administered cities

1. To specify the inspection authority mentioned in Article 5, Clause 2 of this Circular based on the proposal of the Department of Agriculture and Rural Development.

2. To direct the Department of Finance to review and submit for approval the annual budget funds allocated to the Inspection Authorities as prescribed.

Article 21. Departments of Agriculture and Rural Development of provinces and centrally-administered cities

1. To propose to the provincial People's Committee to specify the inspection authority mentioned in Article 5, Clause 2 of this Circular within their province.

Clause 2. Guide and direct the implementation of this Circular within their assigned scope in the province.

3. To report the implementation results of this Circular to the Ministry of Agriculture and Rural Development (through the Directorate of Quality Assurance of Agricultural and Forestry Products) according to the current reporting system.

Article 22. Central Inspection Authority

1. To guide and direct inspection work throughout the system from central to local levels.

2. To uniformly guide the application of materials, forms, and inspection methods for the establishments under their management. To propose, develop, and submit to the Ministry for promulgation detailed inspection record models suitable for the characteristics of the establishments.

3. To organize training, instruction, and professional guidance for the inspection force throughout the system from central to local levels.

4. To directly organize inspections and certifications for the establishments assigned by the Ministry of Agriculture and Rural Development.

5. To publicly announce on the website of the Inspection Authority and the Ministry of Agriculture and Rural Development the list of establishments meeting and not meeting the quality and safety standards within their jurisdiction.

6. To inspect the implementation of the Inspection Authority at the local level.

7. To systematically archive all related files concerning statistical, inspection, and evaluation activities of the establishments within their jurisdiction according to the assigned and delegated levels; to ensure confidentiality of information in accordance with current regulations.

8. To report the implementation results of this Circular to the Ministry of Agriculture and Rural Development (through the Directorate of Quality Assurance of Agricultural and Forestry Products) according to the current reporting system.

Article 23. Local inspection agencies

1. Organize inspections, evaluations, and classifications of production and business establishments according to the classification by the Ministry of Agriculture and Rural Development and the assignment by the provincial People's Committee.

2. Organize training, instruction, and guidance on specialized professional matters for staff assigned with inspection tasks.

3. Publicly announce on mass media the list of production and business establishments that meet and do not meet the conditions for ensuring food quality and safety within the assigned province/city area.

4. Systematically store all related files concerning statistical activities, inspections, evaluations, and classifications of production and business establishments under their management according to the assigned and classified levels.

5. Report the results of implementing this Circular to the Provincial Department of Agriculture and Rural Development (through the Quality Management Agency of Forestry and Aquatic Products) according to the current reporting system.

Article 24. Production and Business Establishments

1. Arrange personnel with sufficient authority to represent the establishment to work with the Inspection Team.

2. Create favorable conditions for the Inspection Team to conduct inspections and sample collection at the site; provide full information, samples, files, and documents relevant to the requirements of the Inspection Team.

3. Fully rectify errors noted in the Inspection Record and submit a written report to the Inspection Agency within the time limit specified in the Inspection Record.

4. Publicly post the Inspection Record at the production establishment.

5. Pay inspection and certification fees as prescribed.

6. Recall and handle products that do not meet food quality and safety standards as prescribed.

7. Have the right to lodge complaints with the Inspection Agency if they disagree with the inspection results of the Inspection Team.

8. Notify the Inspection Agency in case of cessation of production and business operations, dissolution, change of production location, change of production conditions, or change of ownership.

Article 25. Team Leaders and Inspectors

1. Head

a) Direct and guide team members to carry out the contents recorded in the inspection decision accurately.

b) Ensure objectivity, accuracy, and honesty during the inspection process.

c) Sign the Inspection Record, report the inspection results, and bear responsibility before the head of the Inspection Agency and the law regarding the inspection results conducted by the Inspection Team.

d) Provide the final conclusion of the Inspection Team on the inspection results.

đ) Maintain confidentiality of information related to the production and business secrets of the inspected establishment and the inspection results until officially recognized and announced by the Inspection Agency.

2. Inspectors

a) Inspect and evaluate the compliance of the establishment's production and business conditions with relevant regulations and technical standards.

b) Carry out assigned tasks according to the Team Leader's instructions.

c) Adhere strictly to the procedures, formalities, methods of inspection and sampling; ensure objectivity, accuracy, and honesty when conducting inspections and sampling.

d) Bear responsibility and report the results of assigned tasks to the Team Leader.

đ) Maintain confidentiality of information related to the production and business secrets of the inspected establishment and the inspection results until officially recognized and announced by the Inspection Agency.

Article 26. Transitional Provisions

Certificates of establishments meeting food safety conditions issued before the effective date of this Circular will continue to be valid until the expiration date stated on the certificate.

Chapter IV

IMPLEMENTING PROVISIONS

Article 27. Effective Date

1. This Circular takes effect from January 17, 2015.

2. This Circular replaces Circulars: No. 14/2011/TT-BNNPTNT dated March 29, 2011, of the Minister of Agriculture and Rural Development on the inspection and evaluation of agricultural material and forestry, aquatic product production and business establishments; No. 53/2011/TT-BNNPTNT dated August 2, 2011, amending Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011; No. 35/2012/TT-BNNPTNT dated October 27, 2012, amending Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011; No. 01/2013/TT-BNNPTNT dated January 4, 2013, amending Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011; No. 59/2012/TT-BNNPTNT dated November 9, 2012, of the Minister of Agriculture and Rural Development on the management of safe vegetable, fruit, and tea production; Consolidated Document No. 05/VBHN-BNNPTNT dated February 14, 2014.

Article 28. Amendment and supplementation

During the implementation of this Circular, if there are difficulties or obstacles, agencies and units shall report to the Ministry of Agriculture and Rural Development for consideration of amendment and supplementation./.