Decision No. 47/2018/QD-TTg Pilot Implementation of Specialized Food Safety Inspections at Districts, Counties, Municipalities, Towns within Provinces and Communes, Wards, Townships within Districts, Counties, Municipalities, Towns of Nine Central Provinces/Cities: Hanoi, Ho Chi Minh City, Hai Phong, Da Nang, Can Tho, Thanh Hoa, Ha Tinh, Dong Nai, Gia Lai.

Pursuant to …;

TRIAL IMPLEMENTATION OF SPECIALIZED INSPECTION FOR FOOD SAFETY AT DISTRICTS, COUNTIES, TOWNS, AND CITIES UNDER PROVINCES AND VILLAGES, WARD, TOWNSHIPS UNDER DISTRICTS, COUNTIES, TOWNS, AND CITIES OF 09 CENTRALLY-GOVERNED PROVINCES AND CITIES: HA NOI, HO CHI MINH CITY, HAI PHONG, DANANG, CAN THO, THANH HOA, HA TINH, DONG NAI, GIA LAI

Pursuant to the Law on Government Organization dated June 19, 2015;

Based on the Inspection Law dated November 15, 2010;

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

Pursuant to Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law;

Pursuant to Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

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

Pursuant to Resolution No. 43/2017/QH14 dated June 21, 2017 of the National Assembly on accelerating the implementation of policies and laws on food safety for the period 2016-2020;

Pursuant to Resolution No. 04/NQ-CP dated February 4, 2015 of the Government on the regular meeting of the Government in January 2015;

Pursuant to Resolution No. 19/NQ-CP dated March 23, 2018 of the Government on the trial implementation of specialized inspection for food safety at districts, counties, towns, and cities under provinces and villages, wards, townships under districts, counties, towns, and cities of 07 centrally-governed provinces and cities;

At the proposal of the Minister of Health;

The Prime Minister issues this Decision on the trial implementation of specialized inspection for food safety at districts, counties, towns, and cities under provinces and villages, wards, townships under districts, counties, towns, and cities of 09 centrally-governed provinces and cities: Ha Noi, Ho Chi Minh City, Hai Phong, Da Nang, Can Tho, Thanh Hoa, Ha Tinh, Dong Nai, Gia Lai.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Decision stipulates the standards, tasks, powers, and authorities of persons assigned to conduct specialized inspection for food safety; the content of inspection, inspection activities, responsibilities for managing specialized inspection for food safety; the use of fines collected from administrative violations; the time frame for the trial implementation of specialized inspection for food safety at districts, counties, towns, and cities under provinces (hereinafter referred to collectively as district level) and villages, wards, townships under districts, counties, towns, and cities (hereinafter referred to collectively as village level) of 09 centrally-governed provinces and cities (hereinafter referred to collectively as provincial level) including: Ha Noi, Ho Chi Minh City, Hai Phong, Da Nang, Can Tho, Thanh Hoa, Ha Tinh, Dong Nai, Gia Lai (hereinafter referred to collectively as pilot provinces and cities).

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

This Decision applies to agencies, organizations, and individuals engaged in production and business operations related to food safety at the district and village levels of pilot provinces and cities and other organizations and individuals involved.

Article 2. Persons Assigned to Conduct Specialized Inspection for Food Safety

1. At the district level, persons assigned to conduct specialized inspection for food safety are civil servants of the Health, Economy, Economy and Infrastructure, Agriculture and Rural Development departments, and staff members of the Health Center.

2. At the village level, persons assigned to conduct specialized inspection for food safety are civil servants of the Culture-Society department, agricultural civil servants, economic civil servants, and staff members of the Health Station.

3. In addition to the civil servants and staff members specified in Clauses 1 and 2 of this Article, the Chairman of the People's Committee at the district and village levels shall assign other civil servants and staff members within their jurisdiction or those from other units located in the area to perform specialized inspection for food safety after reaching agreement with the head of the agency managing such civil servants and staff members.

Article 3. Standards for individuals assigned to conduct specialized food safety inspection tasks

1. Are civil servants or officials as defined in Article 2 of this Decision.

2. Understand laws on inspection and food safety, with at least one year of experience in fields related to food safety.

3. Hold a certificate in specialized food safety inspection training.

Article 4. Authority to decide on the assignment of individuals to perform specialized food safety inspection tasks

The Chairman of the People's Committee at the district and commune levels decides on the assignment of individuals to perform specialized food safety inspection tasks; the number of individuals assigned to perform specialized food safety inspection tasks.

Article 5. Tasks and authorities of individuals assigned to perform specialized food safety inspection tasks at the district level

1. Advise the Health Department and other specialized departments of the district to develop a specialized food safety inspection plan to submit to the Health Department as the central body to compile and present to the Chairman of the People's Committee at the district level 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 as decided by the Chairman of the People's Committee at the district level.

3. Participate in inspection teams for cases showing signs of violations of laws related to food safety content upon request from state management agencies or agencies tasked with conducting specialized food safety inspections at higher levels.

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 People's Committee at the district level; compile and report the results of specialized food safety inspections.

Article 6. Tasks and authorities of individuals assigned to perform specialized food safety inspection tasks at the commune level

1. Develop and submit to the Chairman of the People's Committee at the commune level for approval a specialized food safety inspection plan and organize its implementation.

2. Participate in inspection teams or conduct independent inspections of compliance with laws on food safety, technical regulations, and food safety management rules as decided by the Chairman of the People's Committee at the commune level.

3. Assist the People's Committee at the commune level in monitoring, urging, and inspecting the implementation of conclusions, recommendations, and administrative violation handling decisions regarding food safety issued by the Chairman of the People's Committee at the commune level; compile and report to the People's Committee at the district level about the results of specialized food safety inspections within their jurisdiction.

Article 7. Basis for issuing inspection decisions and contents of food safety inspections

1. Basis for issuing inspection decisions

An inspection decision must be based on one of the following grounds:

a) Inspection plans;

b) At the request of the head of a state management agency;

c) When signs of violation of laws are discovered;

d) Requirements for handling complaints, reports, and anti-corruption activities.

2. Contents of food safety inspections

a) Implementation of technical standards and regulations on food safety for food production, business, importation, and food products issued by competent state management agencies;

b) Implementation of standards related to food safety published and applied by organizations or individuals for food production, business, importation, and food products;

c) Advertising and labeling activities for foods under their jurisdiction;

d) Certification conformity and food safety testing activities;

e) Implementation of other provisions of laws on food safety.

Article 8. Competence to handle administrative violations

1. The person assigned the task of specialized food safety inspection has the competence to handle administrative violations as prescribed in Clause 1, Article 46 of the Law on Handling Administrative Violations; Clause 2, Article 3 and Clause 1, Article 29 of Decree No. 115/2018/ND-CP dated September 4, 2018 of the Government stipulating penalties for administrative violations related to food safety.

2. In cases where the competence to handle administrative violations is exceeded, the Head of the Inspection Team or the person assigned the task of specialized food safety inspection at the district or commune level shall prepare a record of the violation of the inspected entity and submit it to the Chairman of the People's Committee at the same level for decision.

Article 9. Regulations and policies for persons assigned the task of specialized food safety inspection

Persons assigned the task of specialized food safety inspection shall be supported with professional training in food safety inspection; they shall be provided with uniforms and shall enjoy benefits as prescribed in Article 13 of Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities and Decision No. 12/2014/QD-TTg dated January 27, 2014 of the Prime Minister regarding the regulations on allowances for specialized inspection civil servants.

Chapter II

SPECIALIZED FOOD SAFETY INSPECTION ACTIVITIES AT THE DISTRICT AND COMMUNE LEVELS

Section 1: ACTIVITIES OF THE INSPECTION TEAM

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 People's Committee at the district or commune level issues the inspection decision and establishes the inspection team.

2. Competence to issue spot inspection decisions:

a) Spot inspections are conducted when there are signs of violations of food safety laws or upon request for handling complaints or denunciations or upon request from higher-level state management agencies;

b) The Chairman of the People's Committee at the district or commune level issues the spot inspection decision and establishes the inspection team.

3. The inspection decision of the Chairman of the People's Committee at the district level shall be sent to the Directors of the Departments of Health, Industry and Trade, Agriculture and Rural Development (for provinces and cities: Hanoi, Hai Phong, Can Tho, Thanh Hoa, Ha Tinh, Dong Nai, Gia Lai), the Head of the Food Safety Management Board (for Ho Chi Minh City and Da Nang); the inspection decision of the Chairman of the People's Committee at the commune level shall be sent to the Chairman of the People's Committee at the district level for reporting.

4. The duties and powers of the person issuing the specialized food safety inspection decision shall be implemented in accordance with Article 55 of the Inspection Law.

Article 11. Duration of specialized food safety inspection by the inspection team

1. A specialized inspection decided by the Chairman of the People's Committee at the district level shall not exceed 30 days; in complex cases, it may be extended but not more than 45 days.

2. A specialized inspection decided by the Chairman of the People's Committee at the commune level shall not exceed 20 days; in complex cases, it may be extended but not more than 30 days.

Article 12. Specialized food safety inspection team

1. Composition of the specialized food safety inspection team at the district and commune levels:

a) The specialized food safety inspection team established by the Chairman of the People's Committee of the district shall have a Team Leader, Deputy Team Leader, and team members. The person appointed as Team Leader must be at least a Deputy Director of a district-level department or equivalent. Team members are those assigned the task of specialized inspection and other civil servants or officials from relevant departments under the People's Committee at the district level or related functional units managing food safety in the district;

b) The specialized food safety inspection team established by the Chairman of the People's Committee of the commune shall have a Team Leader, Deputy Team Leader, and team members. The person appointed as Team Leader must be at least a Deputy Chairman of the People's Committee at the commune level. Team members are those assigned the task of specialized inspection or other civil servants or officials from the People's Committee at the commune level and related functional units managing food safety in the commune.

2. The Team Leader shall perform duties and powers as prescribed in Article 53 of the Inspection Law; he/she shall be responsible before the law and the person issuing the inspection decision for the implementation of the inspection tasks. When conducting inspections, the Team Leader has the right to decide on sampling for testing food safety indicators.

3. Members of the inspection team who are assigned the task of specialized inspection shall perform duties and powers as prescribed in Clause 1, Article 54 of the Inspection Law. Other members shall perform duties and powers as prescribed in Clause 2, Article 54 of the Inspection Law.

Section 2: ACTIVITIES OF THE PERSONS ASSIGNED THE TASK OF CONDUCTING SPECIALIZED INSPECTION TO PERFORM INDEPENDENT INSPECTIONS

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

The Chairman of the People's Committee at the district level and commune level assigns persons assigned the task of conducting independent specialized food safety inspections. 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 duration of each independent specialized inspection shall not exceed five working days from the date of commencement of the inspection. In cases where necessary, the Chairman of the People's Committee at the district level and the Chairman of the People's Committee at the commune level may decide to extend the inspection period but it shall not exceed five working days.

Article 15. Tasks and powers of persons assigned the task of conducting independent specialized food safety inspections

1. Carry out tasks according to the assignment of the Chairman of the People's Committee at the district level and commune level.

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

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

4. Record the acts of violation of the inspected entity.

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

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

7. Report and be responsible before the Chairman of the People's Committee at the district level and commune level and before the law for the performance of the assigned tasks.

Article 16. Reporting on the results of specialized inspection tasks

The reporting on the results of specialized inspections shall be carried out in accordance with Articles 25 and 32 of Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government.

Chapter III

RESPONSIBILITIES IN MANAGING THE ACTIVITIES OF SPECIALIZED INSPECTION FOR FOOD SAFETY

Article 17. Provisions on re-inspection

1. The Chief Inspector of the Departments of Health, Agriculture and Rural Development, Industry and Trade (for provinces and cities: Hanoi, Hai Phong, Can Tho, Thanh Hoa, Ha Tinh, Dong Nai, Gia Lai) and the Head of the Food Safety Management Board (for Ho Chi Minh City and Da Nang) decides to re-inspect cases that have been concluded by the Chairman of the People's Committee at the district level but signs of law violations are discovered.

2. The Chairman of the People's Committee at the district level decides to re-inspect cases that have been concluded by the Chairman of the People's Committee at the commune level but signs of law violations are discovered.

3. The procedures, formalities, and content of 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.

Article 18. Responsibilities for building and approving the Inspection Plan

The People's Committee at the commune level is responsible for building and issuing the Food Safety Inspection Plan and sending it to the People's Committee at the district level; the People's Committee at the district level builds and issues the Food Safety Inspection Plan and sends it to the Departments of Health, Industry and Trade, Agriculture and Rural Development (for provinces and cities: Hanoi, Hai Phong, Can Tho, Thanh Hoa, Ha Tinh, Dong Nai, Gia Lai), the Food Safety Management Board (for Ho Chi Minh City and Da Nang) for reporting.

Article 19. Responsibilities for training and guiding inspection business

1. Training inspection business:

The responsibility for training inspection business for persons assigned to inspect food safety at the district and commune levels in pilot provinces and cities shall be carried out in accordance with the provisions set forth in point c, Clause 1, Article 15 of the Inspection Law.

2. Guiding professional and inspection business:

Inspectors from the Departments of Health, Agriculture and Rural Development, Industry and Trade (for the provinces and cities of Hanoi, Hai Phong, Can Tho, Thanh Hoa, Ha Tinh, Dong Nai, Gia Lai) and the Food Safety Management Board (for Ho Chi Minh City and Da Nang) have the responsibility to guide inspection business for persons assigned to inspect food safety in pilot provinces and cities.

Article 20. Responsibilities for handling overlapping activities in specialized inspections

Heads of inspectors from the Departments of Health, Agriculture and Rural Development, Industry and Trade (for the provinces and cities of Hanoi, Hai Phong, Can Tho, Thanh Hoa, Ha Tinh, Dong Nai, Gia Lai) and Directors of the Food Safety Management Board (for Ho Chi Minh City and Da Nang) have the responsibility to handle overlaps in scope, subjects, contents, and time between district and commune-level food safety inspections and provincial-level specialized food safety inspections. In cases where there are overlapping plans from higher-level food safety inspection agencies, they shall follow the plan of the higher level.

Article 21. Reporting System

1. Every six months and annually, the People's Committee at the district level, based on reports from the People's Committee at the commune level and the results of their own inspections, shall submit reports to the People's Committee at the provincial level (through the Department of Health for the provinces and cities of Hanoi, Hai Phong, Can Tho, Thanh Hoa, Ha Tinh, Dong Nai, Gia Lai and the Food Safety Management Board for Ho Chi Minh City and Da Nang) to send to the Ministry of Health for consolidation and reporting to the Prime Minister.

2. Submitting ad hoc reports when requested by higher-level agencies.

Article 22. Responsibilities of Heads of Units with Civil Servants and Employees Assigned to Specialized Inspection Tasks

Heads of units with civil servants and employees assigned to specialized food safety inspection tasks have the responsibility to lead and direct these civil servants and employees to complete their tasks; pay travel expenses and other allowances (if applicable) to civil servants and employees in accordance with regulations.

Chapter IV

BUDGET FOR SPECIALIZED 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 specialized 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. Provincial and municipal people's committees implementing pilot programs according to budget classification shall prioritize allocating funds and resources for food safety management and assurance at the district and commune levels; proactively allocate annual budget estimates corresponding to the revenue from administrative sanctions for food safety violations that each level enjoys according to regulations to reward, invest in equipment, enhance technical equipment and inspection, testing, disposal of unsafe food, and other state management tasks.

Chapter V

IMPLEMENTATION

Article 24. Scope of pilot implementation and duration of pilot implementation

1. Scope of pilot implementation:

a) For Hanoi City and Ho Chi Minh City: 100% of administrative units at district level and commune level;

b) For seven provinces and cities: Hai Phong, Da Nang, Can Tho, Thanh Hoa, Ha Tinh, Dong Nai, Gia Lai: Not more than 25% of administrative units at district level within the province and not more than 20% of administrative units at commune level within the district. The Chairman of the People's Committee at provincial level shall decide on the administrative units at district level and commune level to implement the pilot inspection of food safety.

2. Duration of pilot implementation: one year (12 months); the start date of the pilot implementation shall be six months from the effective date of this Decision.

Article 25. Cross-referenced Provisions

In case there are changes, supplements, or replacements to the legal normative documents and provisions cited in this Decision, they shall be applied according to the new legal normative documents.

Article 26. Responsibilities and Effective Date

1. This Decision shall take effect from January 10, 2019.

2. The Chairmen of the People's Committees of the provinces and cities implementing the pilot program shall be responsible for organizing the implementation of the pilot program, directing, inspecting, urging the implementation of this Decision.

3. The Ministry of Health shall be responsible for coordinating with the Ministries of Agriculture and Rural Development, Industry and Trade, Government Inspectorate, People's Committees of the pilot provinces and cities to direct, inspect, urge, and summarize the evaluation of the results of the pilot implementation, and report to the Prime Minister.

4. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of the People's Committees of the pilot provinces and cities, and related organizations and individuals shall be responsible for implementing this Decision./.