Decision No. 48/2008/QD-BYT on the functions, tasks, powers, and organizational structure of the Food Safety Agency under the Ministry of Health

Pursuant to …;

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THE MINISTER OF HEALTH

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 79/2008/NĐ-CP dated July 18, 2008 of the Government stipulating the system of management, inspection, and testing organizations for food safety;

Considering the proposal of the Director of the Personnel Department and the Director of the Food Safety Agency, Ministry of Health,

DECISION:

Article 1. Position and Functions

The Food Safety Agency has legal personality, its own bank account and seal, with its headquarters located in Hanoi. The operating budget of the Agency is funded from the State budget and other legitimate sources.

4. Issuing professional guidance documents on ensuring food quality and safety and other documents within its authority.

Article 2. Tasks and Authorities

5. Taking the lead and coordinating with related agencies in managing imported food products and related items under the jurisdiction of the Ministry of Health, and organizing assessments to submit to the Minister of Health for designation of state inspection agencies for imported food products.

6. Issuing, suspending, and revoking: product registration, health certificates (Health Certificate), free sale certificates (Certificate of Free Sale), food safety facility certification; training certificates for food safety knowledge; acceptance letters for advertising registration applications for food products within the authority delegated by the Ministry of Health.

7. Directing, guiding, implementing, monitoring, and inspecting:

a) Implementation of normative legal documents, plans, programs, projects, technical regulations, and good practices (Code of Practice) on food quality and safety that have been issued;

b) Application, recognition, and certification of food quality and safety management systems: Good Hygiene Practices (GHP), Good Manufacturing Practices (GMP), and Good Laboratory Practices (GLP); guiding the implementation of Hazard Analysis and Critical Control Points (HACCP) analysis;

c) Analyzing, evaluating, supervising, preventing, and mitigating food contamination and food poisoning, and foodborne diseases;

d) Information, education, and communication work on ensuring food quality and safety;

đ) Training and professional development on food quality and safety for the network;

e) Building national data and regularly reporting to the Ministry of Health on food quality and safety;

8. Conducting specialized inspections on food quality and safety nationwide; directing inspection activities on food quality and safety for the network; coordinating with the Ministry of Health's Inspectorate in handling complaints, reports, and administrative penalties related to food quality and safety management within the delegated authority.

9. Being a permanent member of the Central Inter-Ministerial Steering Committee for Food Safety and the Codex Alimentarius Commission of Vietnam (Codex Alimentarius Commission, Vietnam Codex Committee).

10. Managing organizational structures, civil servants, assets, and allocated funds in accordance with laws and the delegation of the Minister of Health.

11. Performing other tasks assigned by the Minister of Health.

b) The application, recognition, certification of quality management systems, food safety hygiene: Good Hygiene Practices (GHP), Good Manufacturing Practices (GMP), and Good Laboratory Practices (GLP); guidance on implementing Hazard Analysis and Critical Control Points (HACCP) analysis;

c) Analysis, assessment, monitoring, prevention, and resolution of food contamination and food poisoning risks, and foodborne diseases;

d) Information, education, and communication work to ensure food quality and safety;

đ) Training and professional development for the network on ensuring food quality and safety;

e) Building national data and regular, ad hoc statistics and reports to the Ministry of Health on food quality and safety;

g) Scientific research and international cooperation in the field of food quality and safety assurance; serving as a point of contact and notifier for matters related to food quality and safety within the scope of the Ministry of Health's management;

8. Conducting specialized inspections on food quality and safety throughout the country; directing inspection activities on food quality and safety for the network; coordinating with the Ministry of Health Inspectorate in handling complaints, accusations, administrative penalty recommendations from organizations and individuals related to the state management of food quality and safety within the assigned authority;

9. Being the permanent body of the Central Inter-Ministerial Steering Committee for Food Safety and the National Codex Committee of Vietnam (Codex Alimentarius Commission, Vietnam Codex Committee);

10. Managing organizational structure, personnel, assets, and funds allocated according to laws and the delegation of the Minister of Health;

11. Performing other tasks assigned by the Minister of Health.

Article 3. Organizational Structure and Operational Mechanism

1. Leadership of the Bureau

The Director and Deputy Directors of the Bureau shall be appointed and relieved from duty by the Minister of Health. The Director is responsible to the Minister of Health and to the law for all activities of the Bureau. The Deputy Directors assist the Director and are responsible to the Director and to the law for the tasks assigned to them.

2. Organizational Structure of the Bureau

a) Organizations assisting the Director in performing state management functions:

- Bureau Office;

- Planning and Finance Department;

- Legal Affairs and Integration Department;

- Standard Management and Testing Department;

- Food Poisoning Management Department;

- Product Registration and Certification Department;

- Information, Education and Communication Department;

- Bureau Inspectorate;

- Southern Representative Office (within the Southern Representative Office of the Ministry of Health).

b) Public Service Organizations:

- Vietnam Codex Office;

- Center for Application of Quality and Food Safety Technology.

3. Operational Mechanism

a) The Food Safety Bureau operates under the head system;

b) The functions, duties, powers, and organizational structure and working relationships of the Bureau Inspectorate are prescribed by the Minister of Health;

c) The functions, duties, and powers of the Bureau Office and the Departments within the Bureau are prescribed by the Director based on the tasks assigned by the Ministry of Health. The working relationships between departments within the Bureau and subordinate units are prescribed by the Director;

d) The appointment and removal of leadership positions at the Bureau Office and the Departments within the Bureau shall be carried out in accordance with current regulations;

đ) Leaders of the Bureau, leaders of the Bureau Office, and leaders of the Departments within the Bureau shall receive allowances as prescribed by current regulations.

4. Staffing

The staffing of the Food Safety Bureau is determined by the Decision of the Minister of Health and adjusted annually based on work needs proposed by the Director.

Article 4. Effective date

This Decision takes effect fifteen days after its publication in the Official Gazette.

Article 5. Responsibilities for Implementation

The Heads of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of Bureaus, the Heads of General Bureaus under the Ministry of Health, and the Heads of relevant agencies, units, and individuals are responsible for implementing this Decision./.