Consolidated Document number 53/VBHN-BCT Circular stipulates the conditions and procedures for designating testing and certification facilities for food safety under the management responsibility of the Ministry of Industry and Trade.

SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness _______________________

 

CIRCULAR

Specifies the conditions, procedures for designating testing and verification facilities for food safety under the responsibility of state management by Ministry of Industry and Trade

 

Circular No. 40/2013/TT-BCT dated December 31, 2013, issued by the Minister of Industry and Trade, which stipulates the conditions, procedures for designating testing and verification facilities for food safety under the responsibility of state management by the Ministry of Industry and Trade, effective from March 1, 2014, has been amended and supplemented by:

1. Circular No. 27/2016/TT-BCT dated December 5, 2016, issued by the Minister of Industry and Trade, amending and supplementing certain legal normative documents on investment and business conditions in some sectors under the responsibility of state management by the Ministry of Industry and Trade, effective from January 20, 2017;

2. Circular No. 43/2018/TT-BCT dated November 15, 2018, issued by the Minister of Industry and Trade, stipulating food safety management under the responsibility of the Ministry of Industry and Trade, effective from January 1, 2019;

3. Circular No. 38/2025/TT-BCT dated June 19, 2025, issued by the Minister of Industry and Trade, amending and supplementing certain provisions on the delegation of implementation of administrative procedures in fields under the responsibility of the Ministry of Industry and Trade, effective from July 1, 2025.

Pursuant to the Food Safety Law dated June 17, 2010 and Decree No. 38/2012/NĐ-CP dated April 25, 2012 of the Government detailing and guiding the implementation of certain articles of the Food Safety Law;

Pursuant to the Quality and Product Standards Law dated November 21, 2007 and Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing and guiding the implementation of certain articles of the Quality and Product Standards Law;

Pursuant to the Technical Regulations and Standards Law dated June 29, 2006 and Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing and guiding the implementation of certain articles of the Technical Regulations and Standards Law;

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Based on the proposal of the Director of the Department of Science and Technology;

The Minister of Industry and Trade promulgates this Circular stipulating the conditions, procedures for designating testing and verification facilities for food safety under the responsibility of state management by the Ministry of Industry and Trade as follows:[1]

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation and Applicability

1. Scope of regulation: This Circular stipulates the conditions, procedures for designating testing and verification facilities for food safety under the responsibility of state management by the Ministry of Industry and Trade.

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

a) Testing and verification facilities that register for testing and verification;

b) Testing and verification facilities designated by the Ministry of Industry and Trade;

c) Relevant management agencies involved in the activities of evaluation and designation.

Article 2. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

1. Testing and verification is the retesting of test results when there are signs of error, complaints, disputes to confirm the test results regarding food safety for food products under the responsibility of state management by the Ministry of Industry and Trade;

2. Evaluation of testing and verification facilities is the activity of reviewing the suitability of the quality management system and analytical capacity to meet the requirements of testing and verification for specific quality and food safety criteria;

3. Comparative testing is the assessment of the quality of testing and verification results of a testing and verification facility with another designated testing and verification facility that has tested the same criterion or has been recognized according to TCVN ISO/IEC 17025:2007 or ISO/IEC 17025:2005 and is still within the validity period of its designation.

Article 3. Principles of operation of testing and verification facilities

1. Testing and verification facilities shall conduct food safety testing and verification under the management responsibility of the Ministry of Industry and Trade when there is a dispute or complaint about food safety from organizations or individuals, or when the Ministry of Industry and Trade requests in writing;

2. Testing and verification facilities shall be responsible under the law, ensuring the accuracy, honesty, and objectivity of the testing and verification results;

3. Testing and verification facilities shall not accept testing and verification in any of the following cases:

a) Food products requiring testing and verification have already been tested by the testing facility or other testing facilities within the same management system and have received test results;

b) The testing and verification facility is a party involved in the dispute or complaint requiring food safety testing and verification for disputed or complained food products;

4. Testing and verification facilities must keep confidential the testing and verification results and related information of organizations and individuals who have registered for food safety testing and verification.

Chapter II[2] (Repealed)

 

Chapter III

REGISTRATION PROCEDURES AND DESIGNATION OF TESTING AND VERIFICATION FACILITIES

 

Article 6. Registration Documents for Designation of Testing and Verification Facilities

1.[3] Testing facilities that meet the requirements stipulated in Article 25 of Decree No. 77/2016/NĐ-CP shall submit one (01) set of registration documents for designation to the People's Committee of the province in accordance with Clause 3 of this Article. The documents may be submitted directly, through postal services, or online (on the National Public Service Portal or the Provincial People's Committee Administrative Procedure Information System).

2.[4] The People's Committee of the province shall take the lead and coordinate with relevant units to evaluate testing and verification facilities regarding their capacity to perform food safety verification under the assigned management responsibilities.

3. The registration documents for designation include:

a) A registration application form for testing and verification facilities according to the model prescribed in Appendix I attached to this Circular;

b) A certified copy of the Decision on establishment of a state-owned public service unit established in accordance with the law or the Decision assigning tasks by competent state agencies or the Business Registration Certificate;

c) A certified copy of the Decision designating the food testing facility for state management purposes still in effect issued by the competent authority;

d) Technical documents, technical files, and analysis procedures related to the criteria/tests applied for designation (documents bearing the stamp of the designated testing facility);

đ) Capacity documents:

- List, technical equipment files, infrastructure files according to the model prescribed in Appendix II attached to this Circular;

- Sample Test Result Report according to the model prescribed in Appendix III attached to this Circular;

- Operation results of testing in the field applied for designation in the last twelve (12) months according to the model prescribed in Appendix IV attached to this Circular;

e) For testing facilities applying for testing and verification which have been recognized by foreign organizations as members participating in mutual recognition agreements of the International Laboratory Accreditation Cooperation (ILAC - International Laboratory Accreditation Cooperation), the Asia-Pacific Laboratory Accreditation Cooperation (APLAC - Asian Pacific Laboratory Accreditation Cooperation) evaluated and granted certification according to the National Standard TCVN ISO/IEC 17025: 2007 or the International Standard ISO/IEC 17025: 2005, they must submit the documents specified in Point a, b, c, and d of Clause 3 of this Article; a certified copy of the recognition certificate, list, and scope of recognition.

Article 7. Designation Procedure

1. Within ten (10) working days from the date of receiving the file, the Provincial People's Committee shall examine the file. In cases requiring amendments or supplements, a written notice must be issued to the submitting entity to complete the file in accordance with regulations.[5] conduct a review of the file. In cases where there is a request for amendments or supplements, a written notice must be issued to the submitting entity to complete the file in accordance with the regulations.

2. For registration entities for testing and verification that do not fall under the provisions set forth in Point e Clause 3 Article 6 of this Circular:

a) Within fifteen (15) working days from the date of receiving all valid files, the Provincial People's Committee shall issue a decision to establish an evaluation team for the conditions and capabilities of the registration entity for testing and verification. The establishment decision must clearly state the scope, content of the evaluation, list, and assignment of responsibilities for each member conducting the evaluation at the testing and verification facility;[6] b) The evaluation team for the registration entity for testing and verification shall consist of members with specialized knowledge in food safety, analysis, testing, and experience in evaluating testing facilities;

c) If there is no requirement for amendment or supplementation, the evaluation shall proceed according to the provisions set forth in

. Within five (05) working days from the end of the evaluation at the facility, the evaluation team must submit conclusions to the Provincial People's Committee Article 8in accordance with the Model Evaluation Record for Testing and Verification Facilities prescribed in Appendix V attached to this Circular);[7] d) Within fifteen (15) working days from the date of receiving the satisfactory conclusion from the evaluation team, the Provincial People's Committee shall be responsible for reviewing and issuing a Decision on the designation of the testing and verification facility (the Model Decision on Designation prescribed in Appendix VI attached to this Circular). In case of unsatisfactory performance, the Provincial People's Committee shall issue a written notification regarding the reasons for non-designation for the registration entity for testing and verification;

e) In cases where the testing and verification facility registration entity makes recommendations regarding the evaluation team's conclusions, the Provincial People's Committee may establish an advisory board to review the evaluation team's conclusions before signing the Designation Decision;[8] f) In cases of extending the designation period: The testing and verification facility submits the file in accordance with the provisions set forth in[9] for the Provincial People's Committee to review the file. Within thirty (30) working days from the date of receiving all valid files, the Provincial People's Committee shall issue a decision to extend the designation period for the testing and verification facility. In cases where the file is incomplete or invalid, the Provincial People's Committee shall issue a written notification;

g) In cases of changing or supplementing the designated scope: The testing and verification facility submits the file in accordance with the provisions set forth in[10] for the Provincial People's Committee to review the file. The Provincial People's Committee shall conduct the designation procedure in accordance with the provisions set forth in Clause 1, Points a, b, c, d, e of Article 7 of this Circular.

3. For registration entities for testing and verification as provided in Article 10 of this Circular a) Within thirty (30) working days from the date of receiving all valid files, the Provincial People's Committee shall review the file. If the capability file meets the requirements of Article 25 of Decree No. 77/2016/NĐ-CP,[11] it shall issue a Decision on the designation of the testing and verification facility along with a list of criteria/tests.[12] If the file does not meet the requirements, the Provincial People's Committee shall issue a written notification specifying the reasons for non-designation for the testing and verification facility.[13] b) In cases where the file review results do not provide sufficient grounds to conclude that the analytical and testing capabilities of the facility meet the requirements of Article 25 of Decree No. 77/2016/NĐ-CP,

the Provincial People's Committee shall establish an evaluation team to conduct an assessment of the testing capabilities at the testing and verification facility in accordance with the provisions set forth in Article 11 of this Circular a) Within thirty (30) working days from the date of receiving all valid files, the Provincial People's Committee shall review the file. If the capability file meets the requirements of Article 25 of Decree No. 77/2016/NĐ-CP,[14] assess the file. The People's Committee of the province[15] shall carry out the designation procedure as stipulated in Clause 1, Points a, b, c, d, đ of Clause 2, Article 7 of this Circular.

3. For the registration inspection and verification facility as prescribed in Point e Clause 3 Article 6 of this Circular:

a) Within thirty (30) working days from the date of receipt of a complete and valid file, the People's Committee of the province[16] will assess the file. If the capacity file meets the requirements of Article 25 of Decree No. 77/2016/NĐ-CP[17] Provincial People's Committees[18] it will issue a Decision designating the inspection and verification facility along with a list of indices/tests.

If the file does not meet the requirements, the People's Committee of the province[19] must issue a written notification specifying the reasons for not designating the inspection and verification facility.

b) In cases where the assessment results of the file do not provide sufficient grounds to conclude that the analytical, inspection, and verification capacity of the facility meets the requirements of Article 25 of Decree No. 77/2016/NĐ-CP[20], the People's Committee of the province[21] will establish an evaluation team to conduct an evaluation of the inspection capacity at the inspection and verification facility in accordance with the provisions of Article 8 of this Circular.

c) In the case of extending the designation: The testing laboratory submits the dossier in accordance with the provisions of Article 10 of this Circular a) Within thirty (30) working days from the date of receiving all valid files, the Provincial People's Committee shall review the file. If the capability file meets the requirements of Article 25 of Decree No. 77/2016/NĐ-CP,[22] it shall issue a Decision on the designation of the testing and verification facility along with a list of criteria/tests.[23] If the file does not meet the requirements, the Provincial People's Committee shall issue a written notification specifying the reasons for non-designation for the testing and verification facility.[24] notify in writing to the testing laboratory applying for extension of the designation;

d) In the case of changing or supplementing the scope of the designation: The testing laboratory submits the dossier in accordance with the provisions of Article 11 of this Circular a) Within thirty (30) working days from the date of receiving all valid files, the Provincial People's Committee shall review the file. If the capability file meets the requirements of Article 25 of Decree No. 77/2016/NĐ-CP,[25] assess the file. The People's Committee of the province[26] proceed with the designation procedure as prescribed in Clause 1, Point a, Clause 3, Article 7 of this Circular.

4. The validity period of the Decision on designation is three (03) years from the date of issuance.

Article 8. Evaluation of Testing Laboratories

The steps for conducting the evaluation are as follows:

1.[27] Evaluate the compliance and suitability of the testing laboratory with the requirements stipulated in Article 25 of Decree No. 77/2016/NĐ-CP;

2. Prepare the Report on the evaluation of the testing laboratory according to the form prescribed in Appendix VII issued together with this Circular;

3.[28] The conclusion of the evaluation team according to the form prescribed in Appendix V issued together with this Circular. In cases where corrective actions are needed to fully comply with the requirements of Article 25 of Decree No. 77/2016/NĐ-CP, the People's Committee of the province[29] will consider organizing a re-evaluation at the facility by the evaluation team.

Article 9. Issuing Identification Numbers for Testing Laboratories

1. Provincial People's Committee[30shall be responsible for issuing and managing identification numbers for designated testing laboratories to monitor their operations and conduct periodic re-evaluations and expanded evaluations.

2. The testing laboratory will receive its identification number in the initial designation decision, which will remain valid throughout the validity period of the designation decision.

3. The identification number of the testing laboratory is denoted as follows:

(sequential number)/(year of issuance)/BCT-KNKCTP

Example:

001/2014/BCT-KNKCTP

4. Format of the identification number of the testing laboratory:

a) The identification number of the testing laboratory is presented in uppercase letters, font Times New Roman size 16, upright bold typeface. The sequential number of the identification number consists of three (03) digits.

b) The identification number of the testing laboratory is printed in the upper left corner of the test result certificate. On the test result certificate, the specified indices of the testing laboratory must be clearly stated.

Article 10. Dossier for Application for Extension of Designation of Testing Laboratory

Sixty (60) days before the Decision on designation of the testing laboratory expires, the testing laboratory sends one (01) set of application dossier for extension of designation to the People's Committee of the province[31]. The dossier includes:

1. Application form for extension of designation of the testing laboratory according to the form prescribed in Appendix I issued together with this Circular;

2. Results of inter-laboratory comparisons and proficiency testing for the indices/tests registered for designation by the competent state management agency or from proficient testing providers, these results must remain valid for three (03) years (including the extension period);

3. Report on the performance of testing activities during the designated period according to the form prescribed in Appendix IV issued together with this Circular.

Article 11. Dossier for Application for Change or Supplement of Scope of Designation for Testing Laboratory

1. A designated testing laboratory that changes or supplements the scope of designation must submit an application for change or supplement to the People's Committee of the province[32].

2. The dossier for application for change or supplement of scope of designation includes:

a) Application form for change or supplement of the testing laboratory according to the form prescribed in Appendix I issued together with this Circular;

b) Report on the performance of testing activities during the designated period according to the form prescribed in Appendix IV issued together with this Circular;

c) A certified copy of the Decision designating the food testing facility for state management purposes still in effect issued by the competent authority;

d) Technical documents and analytical procedures related to the indices/tests registered for designation (documents stamped with the seal of the designated testing laboratory);

đ) List and technical documentation of major equipment and infrastructure meeting the requirements for change or supplement (consistent with the report on the operational capacity of the testing laboratory according to the form prescribed in Appendix II issued together with this Circular);

Chapter IV [33] (Repealed)

Chapter V [34] ((Repealed)

Chapter VI

IMPLEMENTING PROVISIONS[35]

 

Article 19. Effective Date

This Circular takes effect from March 1, 2014.

Article 20. Implementation[36]

The Ministry of Industry and Trade shall be responsible for coordinating with relevant units and the People's Committee of the province to guide the implementation of this Circular.

During implementation, organizations and individuals encountering difficulties should promptly reflect them to the Ministry of Industry and Trade and the People's Committee of the province for research and resolution./.

 

MINISTRY OF INDUSTRY AND TRADE ____________ Number: 53/VBHN-BCT

CERTIFIED CONSOLIDATED DOCUMENT   Hanoi, October 24, 2025

Place of Receipt: - OFFICE OF THE GOVERNMENT (FOR PUBLICATION IN THE GAZETTE); - Government Electronic Information Portal (for posting); - Ministry of Justice (for monitoring); - Minister (for reporting); - Vietnam Economic News (for publication on the Ministry of Industry and Trade’s website); - Legal Department (for publication on the National Legal Information System); - Units under the Ministry; - File: VT, PC (02b).

DEPUTY MINISTER DEPUTY MINISTER Nguyen Sinh Nhat Tan

 

ANNEX I

APPLICATION FOR DESIGNATION OF TESTING LABORATORY
(Annexed to Circular No. 40/2013/TT-BCT dated December 31, 2013 of the Ministry of Industry and Trade)

NAME OF ESTABLISHMENT --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------------
Number: …../………	…, day …. month …. year …

 

APPLICATION FOR DESIGNATION/EXTENSION OF DESIGNATION/CHANGE AND SUPPLEMENTATION OF TESTING LABORATORY

Respectfully submitted to: Provincial People's Committees[37]

1. Name of the applicant entity:

Fax:

Telephone: …Fax: …Email: …

2. Name and position of the person in charge of the entity:

Fax:

Telephone: …Fax: …Email: …

3. Form of application:

First-time application □

Change and supplementation application □

Extension application □

4. Scope of application for designation

No.	Field	Test method name	Testing method	Detection limit of the test method (if applicable)/measurement range	Remarks
(1)	(2)	(3)	(4)	(5)	(6)

Note: Mark (*) for recognized test methods and indicate the corresponding accreditation body in column (6).

5. Requested start date for evaluation: day…month…year... (applicable to the case prescribed in Clause 3, Article 7 of this Circular)

6. We commit to fully comply with Circular No. 40/2013/TT-BCT dated December 31, 2013 of the Ministry of Industry and Trade.

 

Head of the unit (Signature and stamp)

Entity representative (Sign and write full name)

 

ANNEX II

MODEL REPORT ON OPERATIONAL CAPACITY OF TESTING LABORATORY
(Annexed to Circular No. 40/2013/TT-BCT dated December 31, 2013 of the Ministry of Industry and Trade)

NAME OF ESTABLISHMENT --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------------
Number: …../………	…, day …. month …. year …

 

REPORT

OPERATIONAL CAPACITY

1. Name of the entity:

Fax:

Telephone: …Fax: …Email: …

2. Name and position of the person in charge of the entity:

Telephone: …Fax: …Email: …

3. Staff of the entity:

No.	Full Name	Professional training certificate	Training certificate for quality management system	Current job assignment	Years of experience in testing and certification	Remarks
(1)	(2)	(3)	(4)	(5)	(6)	(7)

4. Equipment

4.1. Equipment requiring calibration/certification

No.	Measuring instrument name	Measurement range, accuracy class	Calibration/certification cycle	Last calibration/certification date	Calibration/certification unit	Remarks
(1)	(2)	(3)	(4)	(5)	(6)	(7)

4.2. Other equipment

No.	Name of equipment	Technical characteristics	Date put into use	Remarks
1	2	3	4	5

5. Area and environment of the testing laboratory

5.1. Floor plan and area of each section of the testing laboratory

5.2. Environmental conditions of each section of the testing laboratory

- Air conditioning;

- Ventilation and exhaust capability;

- Other environmental protection conditions (vibration control, dust, noise, light, radiation...).

5.3. Safety and health protection conditions for staff of the testing laboratory.

6. List of fields and basic testing capabilities proposed for designation

Serial number	Field	Test method name	Testing method	Detection limit (if applicable)	Testing capacity (number of samples/year)	Proficiency testing/comparison results between laboratories
1	2	3	4	5	6	7

Note: Column (7) shall specify the name of the program, criteria, and matrix involved, along with the results.

7. Results of verification activities of the testing facility for the three most recent years

Serial number	Field	Test method name	Testing method	Total number of samples	Remarks
1	2	3	4	5	6

8. List of test personnel files corresponding to the designated fields, accompanied by certified copies of their professional certificates;

9. Documents proving quality assurance of testing verification results: plans, proficiency testing results or comparison between laboratories; Reports on the skill assessment of testers for the designated criteria/tests;

10. Commitment of the testing verification facility

- Implement the designation decision and manage the operations of the testing verification facility;

- Meet the requirements of the evaluation agency when conducting evaluations of the testing verification facility.

 

Head of the unit (Signature and stamp)

Entity representative (Signature, full name)

 

ANNEX III

MODEL TESTING VERIFICATION FORM
(Annexed to Circular No. 40/2013/TT-BCT dated December 31, 2013 of the Ministry of Industry and Trade)

NAME OF ESTABLISHMENT --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------------
Number: …../………	…, day …. month …. year …

 

TESTING VERIFICATION FORM

(Testing verification results are only valid for tested samples)

 

1. Sample name: (Write the name of the sample being tested)

2. Sample Code:

3. Sample description: (condition of the sample upon receipt, sample weight, date of production, expiration date, storage condition)

4. Sample retention period:

5. Date of sample collection/receipt:

6. Date of issuance of testing verification results:

7. Testing verification duration:

8. Name of organization/person sending the sample for testing verification:

9. Attached documents: (clearly state the content, number, date, month, year of accompanying letters or documents)

10. Testing verification results (criteria designated by the testing verification facility):

No.	Testing verification criteria	Verification method	Unit	Results	Compared to QCVN.../TCVN.../QĐ...
1
2
…	…………	……………	…..	……….	……………

11. Conclusion:

(Specifically state whether the sample meets the requirements or not)

12. Notes: - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).

 

Head of the unit (Signature and stamp)

……, day …. month …. year …. Entity representative (Sign and write full name)

 

ANNEX IV

MODEL REPORT ON ACTIVITY RESULTS
(Annexed to Circular No. 40/2013/TT-BCT dated December 31, 2013 of the Ministry of Industry and Trade)

NAME OF ESTABLISHMENT --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------------
Number: …../………	…, day …. month …. year …

 

REPORT ON ACTIVITY RESULTS OF THE TESTING VERIFICATION FACILITY

1. Name of the testing verification facility:

Fax:

Telephone: …Fax: …Email: …

2. Full name and position of the person responsible for the testing verification facility:

Telephone: …Fax: …Email: …

3. Improvement in professional skills of staff involved in testing verification over six months (or twelve months) in year ...

No.	Full Name	Position	Training courses attended	Time	Achievements obtained	Remarks
(1)	(2)	(3)	(4)	(5)	(6)	(7)

4. Equipment

4.1. Equipment calibrated/verified within six months (or twelve months) in year ...

No.	Measuring instrument name	Measurement range, accuracy class	Calibration/certification cycle	Last calibration/certification date	Calibration/certification unit	Remarks
(1)	(2)	(3)	(4)	(5)	(6)	(7)

4.2. New equipment added within six months (or twelve months) in year ...

No.	Name of equipment	Technical characteristics	Date put into use	Remarks
1	2	3	4	5

5. Fields and tests conducted by the testing verification facility within six months (or twelve months) in year ...

Serial number	Field	Test method name	Testing method	Testing verification capacity (total number of samples/ six months (or twelve months))	Detection limit (if applicable)	Remarks
1	2	3	4	5	6	7

6. Results of participation in proficiency testing/comparison between laboratories conducted within six months (or twelve months) in year ...

Serial number	Test method name	Testing method	Sample matrix	Organizing unit	Duration of participation	Results
1	2	3	4	5	6	7

7. Activity results of the testing verification facility within six months (or twelve months) in year ...

Serial number	Field	Type of food	Test method name	Testing method	Total number of samples	Number of non-conforming samples
1	2	3	4	5	6	7

 

Head of the unit (Signature and stamp)

Entity representative (Signature, full name)

 

Form No. 03[38]

MODEL EVALUATION REPORT FOR TESTING VERIFICATION FACILITIES
(Replaces Appendix V of Circular No. 40/2013/TT-BCT dated December 31, 2013 issued by the Ministry of Industry and Trade)

ANNEX V

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

…, day …. month …. year …

RECORD
EVALUATION OF TESTING VERIFICATION FACILITIES

The evaluation team for the testing verification facility …was established pursuant to Decision No. .../QĐ-... dated ... month ... year ... of the Head of the competent state management authority, consisting of:

(Name, position of the evaluation team leader, secretary, and members)

1. Name of the testing verification facility:

Address: ...Phone: ...Fax: ...Email: ...

2. Evaluation Team Leader's Conclusions

2.1. Points of conformity:

2.2. Points of nonconformity:

No.	Nonconformities	Level 1	Level 2	Basis/Standard
(1)	(2)	(3)	(4)	(5)

2.3. Recommendation to the competent state management authority to designate (name of the testing verification facility), located at …as a designated testing verification facility for the following fields and tests after the testing verification facility has completed the rectification of all nonconformities mentioned above:

No.	Field	Test name or type of test	Testing method	Remarks
(1)	(2)	(3)	(4)	(5)

3. This record was approved with the agreement of …members of the evaluation team.

4. Other opinions if any (Specify the content and name of the person giving the opinion)

5. Additional documents attached to this record include: …

 

Representative of the testing verification facility (Sign and write full name clearly)

Secretary of the evaluation team (Sign and write full name clearly)

Leader of the evaluation team (Sign and write full name clearly)

 

Form No. 01[39]

ANNEX VI

MODEL DESIGNATION DECISION FOR TESTING VERIFICATION FACILITIES
(Replaces Appendix VI of Circular No. 40/2013/TT-BCT)

AUTHORITY WITH DESIGNATION POWER --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------------
No.: …../QĐ-	Hanoi, on the …day of the …month of the …year

 

Pursuant to …;

Regarding the designation of food safety testing verification facilities under the responsibility of the Ministry of Industry and Trade

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

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

Pursuant to Decree No. 139/2025/NĐ-CP dated June 12, 2025 of the Government on the division of authority of local governments at two levels in the field of state management of the Ministry of Industry and Trade;

Pursuant to Circular No. .../2025/TT-BCT dated ... month ... year 2015 of the Ministry of Industry and Trade amending and supplementing certain provisions on the delegation of administrative procedures in areas under the Ministry of Industry and Trade’s jurisdiction;

Pursuant to …(1);

At the proposal of …(2)

DECISION:

Article 1. Designate … (name of the testing verification facility), located at …to be designated for food safety testing verification for technical criteria listed in the attached Technical Criteria Designation Decision.

- Code of the testing verification facility: …

Article 2. This Decision takes effect for three (03) years from the date of signature.

Article 3. (Name of the testing verification facility) …is responsible for performing testing verification work to serve state management under the responsibility of the Ministry of Industry and Trade.

Article 4. Heads of relevant agencies and organizations are responsible for implementing this Decision./.

 

Place of Receipt: - General Department of Customs - Ministry of Finance; - Ministry of Industry and Trade (for record); - Relevant organizations (for record); - Relevant organizations (for record); - File: Competent authority issuing instructions.

Authority issuing designation decision (Signature, stamp)

 

(1): Name of the document stipulating the functions and responsibilities of the competent state management authority issuing permits;

(2): Agency receiving and reviewing

LIST OF TECHNICAL CRITERIA DESIGNATED

(Attached to the Testing Verification Facility Designation Decision No. …dated... month…year …of …)

No.	Name of designated criteria	Scope of Application	Detection limit (if applicable)/measurement range
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
…	…………………………	………………………..	……………………………

 

ANNEX VII

MODEL REPORT ON TESTING VERIFICATION FACILITY EVALUATION
(Annexed to Circular No. 40/2013/TT-BCT dated December 31, 2013 of the Ministry of Industry and Trade)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

…, day …. month …. year …

REPORT

EVALUATION OF TESTING VERIFICATION FACILITIES

1. Name of the testing verification facility being evaluated:

Fax:

Phone: …Fax: …Email: …

2. Scope of proposed designation: Fields and tests proposed for designation in the application form and accompanying documents.

3. Evaluation team or evaluation team member: (write full name)

4. Evaluation period

5. Evaluation bases

- Quality management system of the testing verification facility;

- Technical procedures of the testing verification facility;

- Standards and requirements for the capability of the testing verification facility.

6. Evaluation contents:

- TCVN ISO/IEC 17025:2007 or equivalent standards;

- Compliance and conformity of testing and calibration laboratories as prescribed in Article 25 of Decree No. 77/2016/NĐ-CP;[40] (non-conformities of testing and calibration laboratories).

7. Evaluation Results

Conclusions on each evaluated content (with accompanying evaluation files and records).

8. Conclusions and Recommendations of the Head of the Evaluation Team

- Achieved:

- Not achieved:

- Pending completion:

9. Other Opinions (if any):

………………………………………………………………………………………………

………………………………………………………………………………………………

 

Leader of the evaluation team (Sign and write full name clearly)

 

ANNEX VIII

MODEL REPORT ON SURVEILLANCE RESULTS
(Annexed to Circular No. 40/2013/TT-BCT dated December 31, 2013 of the Ministry of Industry and Trade)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

…, day …. month …. year …

REPORT

SURVEILLANCE RESULTS

Name of the tested and calibrated laboratory under surveillance:

Code number: ... Designated scope: ...

Names of supervisory officers:

1. Supervision Content

……………………………………………………………………………………………….......................

……………………………………………………………………………………………….......................

……………………………………………………………………………………………….......................

……………………………………………………………………………………………….......................

II. Non-Conformities

……………………………………………………………………………………………….......................

……………………………………………………………………………………………….......................

……………………………………………………………………………………………….......................

……………………………………………………………………………………………….......................

III. Deadline for Reporting the Results of Corrective Actions for Non-Conformities

……………………………………………………………………………………………….......................

……………………………………………………………………………………………….......................

………………………………………………………………………………………………......................

………………………………………………………………………………………………......................

 

Place of Receipt: - Provincial People's Committee[41]; - Tested and Calibrated Laboratory Under Surveillance.

Head of the Supervision Team (Sign and write full name)

 

ANNEX IX

MODEL REPORT ON THE IMPLEMENTATION OF CORRECTIVE ACTIONS
(Annexed to Circular No. 40/2013/TT-BCT dated December 31, 2013 of the Ministry of Industry and Trade)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

…, day …. month …. year …

Respectfully submitted to: Provincial People's Committees[42]

REPORT

RESULTS OF IMPLEMENTATION OF CORRECTIVE MEASURES

1. Name of the tested and calibrated laboratory under supervision:

2. Designated code number:

3. Non-Conformity: ... Level: ...

4. Cause:

5. Corrective Measures:

6. Any accompanying changes to complete the management system (if applicable):

 

Head of the unit (Signature, stamp)

Reporter (Signature, full name)

7. Review Opinion of the Head of the Supervision Team

……………………………………………………………………………………………….......................

………………………………………………………………………………………………......................

8. Conclusion of the Head of the Supervision Team

………………………………………………………………………………………………......................

……………………………………………………………………………………………….......................

 

Secretary of the Supervision Team (Signature, full name)

..., day ... month ... year ... Head of the Supervision Team (Signature, full name)

 

 

[1] Circular No. 27/2016/TT-BCT amending, supplementing, and abolishing certain regulatory legal documents governing investment business conditions in some sectors under the Ministry of Industry and Trade’s jurisdiction is based on the following grounds:

"On the basis of Decree No. 95/2012/NĐ-CP dated November 12, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

On the basis of the Investment Law dated November 26, 2014;

On the basis of Decree No. 77/2016/NĐ-CP dated July 1, 2016 of the Government stipulating investment business conditions in the international trade of goods, industrial explosives, fertilizers, gas trading, food trading sectors under the Ministry of Industry and Trade’s jurisdiction;

At the proposal of the Director of the Legal Department;

The Minister of Industry and Trade issues this Circular amending, supplementing, and abolishing certain regulatory legal documents governing investment business conditions in some sectors under the Ministry of Industry and Trade’s jurisdiction."

Circular No. 43/2018/TT-BCT stipulating food safety management under the responsibility of the Ministry of Industry and Trade is based on the following grounds:

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

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

On the basis of Decree No. 77/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions on investment business conditions in the international trade of goods, chemicals; industrial explosives, fertilizers, gas trading, food trading sectors under the Ministry of Industry and Trade’s jurisdiction;

On the basis of Decree No. 107/2016/NĐ-CP dated July 1, 2016 of the Government stipulating business conditions for conformity assessment services;

On the basis of Decree No. 08/2018/NĐ-CP dated January 15, 2018 of the Government amending certain Decrees related to investment business conditions under the Ministry of Industry and Trade’s jurisdiction;

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

Based on the proposal of the Director of the Department of Science and Technology;

The Minister of Industry and Trade issues this Circular stipulating food safety management under the Ministry of Industry and Trade’s responsibility."

Circular No. 38/2025/TT-BCT dated June 19, 2025 of the Minister of Industry and Trade amending and supplementing certain provisions on the delegation of administrative procedures implementation in sectors under the Ministry of Industry and Trade’s jurisdiction is based on the following grounds:

Pursuant to Decree No. 78/2025/NĐ-CP dated April 1, 2025 of the Government detailing some articles and measures to organize and guide the implementation of the Law on Issuing Regulatory Legal Documents;

Pursuant to the Law on Legislative Regulatory Documents No. 64/2025/QH15;

On the basis of Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly regarding the handling of certain issues related to state organization restructuring;

On the basis of Decree No. 40/2025/NĐ-CP dated February 26, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 146/2025/NĐ-CP dated June 12, 2025 of the Government on decentralization and delegation in the field of industry and trade;

Pursuant to Decree No. 139/2025/NĐ-CP dated June 12, 2025 of the Government on the division of authority of local governments at two levels in the field of state management of the Ministry of Industry and Trade;

At the proposal of the Director of the Office of the Ministry,

The Minister of Industry and Trade promulgates the Circular amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade."

The Minister of Industry and Trade issues this Circular amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade.

[2] This Chapter is abolished pursuant to Clause 1, Article 17 of Circular No. 27/2016/TT-BCT amending, supplementing, and abolishing certain regulatory legal documents on conditions for investment and business operations in some sectors under the management of the Ministry of Industry and Trade, which took effect from January 20, 2017.

[3] This Clause is amended pursuant to Clause 1, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[4] This Clause is amended pursuant to Clause 1, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[5] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[6] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[7] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[8The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[9] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[10] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[11] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[12] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[13] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[14] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[15] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[16] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[17] The phrase "provisions of Articles 4 and 5 of this Circular" is replaced by "Article 25 of Decree No. 77/2016/NĐ-CP" pursuant to Point a, Clause 2, Article 17 of Circular No. 27/2016/TT-BCT amending, supplementing, and abolishing certain regulatory legal documents on conditions for investment and business operations in some sectors under the management of the Ministry of Industry and Trade, which took effect from January 20, 2017.

[18] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[19] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[20] The phrase "provisions of Article 5" is replaced by the phrase "Article 25 of Decree No. 77/2016/NĐ-CP" pursuant to Point b, Clause 2, Article 17 of Circular No. 27/2016/TT-BCT amending, supplementing, and abolishing certain regulatory legal documents on conditions for investment and business operations in some sectors under the management of the Ministry of Industry and Trade, which took effect from January 20, 2017.

[21] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[22] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[23] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[24] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[25] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[26] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[27] This Clause is amended and supplemented pursuant to Clause 3, Article 17 of Circular No. 27/2016/TT-BCT amending, supplementing, and abolishing certain regulatory legal documents on conditions for investment and business operations in some sectors under the management of the Ministry of Industry and Trade, which took effect from January 20, 2017.

[28] This Clause is amended and supplemented pursuant to Clause 3, Article 17 of Circular No. 27/2016/TT-BCT amending, supplementing, and abolishing certain regulatory legal documents on conditions for investment and business operations in some sectors under the management of the Ministry of Industry and Trade, which took effect from January 20, 2017.

[29] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[30] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[31] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[32] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[33] This Chapter is abolished pursuant to Clause 2, Article 22 of Circular No. 43/2018/TT-BCT on food safety management under the responsibility of the Ministry of Industry and Trade, which took effect from January 1, 2019.

[34] This Chapter is abolished pursuant to Clause 2, Article 22 of Circular No. 43/2018/TT-BCT on food safety management under the responsibility of the Ministry of Industry and Trade, which took effect from January 1, 2019.

[35] Article 20 of Circular No. 27/2016/TT-BCT amending, supplementing, and abolishing certain regulatory legal documents on conditions for investment and business operations in some sectors under the management of the Ministry of Industry and Trade, which took effect from January 20, 2017, provides as follows:

Article 20. Effective Date

1. This Circular takes effect from January 20, 2017.

2. Units under the Ministry and related organizations and individuals are responsible for implementing this Circular./.

Articles 21, 22, and 23 of Circular No. 43/2018/TT-BCT on food safety management under the responsibility of the Ministry of Industry and Trade, effective from January 1, 2019, are stipulated as follows:

"Article 21. Transitional Provisions

Food production and business establishments that have been issued a Certificate of Food Safety Conditions; State inspection agencies for imported food, food testing facilities serving state management, and testing and verification facilities designated by the Ministry of Industry and Trade before this Circular takes effect shall continue to be used until the expiration date stated on the Certificate or the Designation Decision.

“Article 22. Effective Date

1. This Circular shall take effect from January 1, 2019.

2. Repeal the following Circulars: Circular No. 58/2014/TT-BCT dated December 22, 2014, issued by the Minister of Industry and Trade, providing for the issuance and revocation of Certificates of Food Safety Conditions under the management responsibility of the Ministry of Industry and Trade; Chapter 11, Chapter IV, and Chapter V of Circular No. 40/2013/TT-BCT dated December 31, 2013, issued by the Minister of Industry and Trade, providing for conditions and procedures for designating food testing and verification facilities under the state management responsibility of the Ministry of Industry and Trade; Circular No. 28/2013/TT-BCT dated November 6, 2013, issued by the Minister of Industry and Trade, providing for state inspections on food safety for imported food under the state management responsibility of the Ministry of Industry and Trade.

Article 23. Implementation Organization

1. Responsibilities of the Ministry of Industry and Trade

a) Department of Science and Technology

Shall take the lead and coordinate with relevant units, provincial Departments of Industry and Trade under central cities to guide the implementation of this Circular;

Receive and examine the validity of applications, conduct on-site assessments at facilities, and submit to the leadership of the Ministry of Industry and Trade for consideration in issuing Certificates of Food Safety Conditions for production facilities and facilities that both produce and sell at the same location as specified in points a, c, and d of Clause 1, Article 6 of this Circular;

Receive and examine the validity of registration applications, organize evaluations, and submit to the Minister of Industry and Trade for consideration and decision-making regarding the assignment or designation of state inspection agencies for food safety for imported food; designate food testing facilities serving state management and testing and verification facilities within the assigned management area.

b) Domestic Market Department

Receive and examine the validity of applications, conduct on-site assessments at facilities, and submit to the leadership of the Ministry of Industry and Trade for consideration in issuing Certificates of Food Safety Conditions for business facilities as specified in points b and d of Clause 1, Article 6 of this Circular.

2. Responsibilities of Provincial Departments of Industry and Trade

a) Receive and examine the validity of applications, conduct on-site assessments at facilities, and consider issuing Certificates of Food Safety Conditions or propose to the People's Committee of the province or centrally-administered city to delegate authority to local agencies to receive and examine the validity of applications, conduct on-site assessments at facilities, and consider issuing Certificates of Food Safety Conditions for food production and business facilities as specified in Clause 2, Article 6 of this Circular based on actual conditions in the locality;

b) Report annually to the Ministry of Industry and Trade on the results of issuing Certificates of Food Safety Conditions for food production and business facilities as specified in Clause 2, Article 6 of this Circular; list of facilities under the state management responsibility of the Ministry of Industry and Trade not subject to issuance of Certificates of Food Safety Conditions as provided for in Article 12 of Decree No. 15/2018/NĐ-CP dated February 2, 2018, of the Government detailing the implementation of certain provisions of the Food Safety Law; report on the results of recalling and handling products after recall according to mandatory recall decisions by competent authorities at the local level.

3. In cases where referenced documents in this Circular are replaced or amended, they shall be implemented according to the replacing or amended documents.

4. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals shall promptly report to the Ministry of Industry and Trade for guidance and resolution./.”

Article 37 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade, effective from July 1, 2025, provides as follows:

"Article 37. Implementation Provisions

1. This Circular takes effect from July 1, 2025.

2. This Circular promulgates replacement forms for administrative procedures listed in Appendix I, and new forms prescribed in administrative procedures listed in Appendix II.

3. Transitional Provisions

Licenses, Certificates, Certificates of Approval, and Approval Documents issued for administrative procedures in relevant fields before July 1, 2025, shall continue to be valid until their expiration date as specified in the Licenses, Certificates, Certificates of Approval, and Approval Documents.

4. This Circular abolishes:

a) Point đ Clause 2 Article 4, Clause 3 Article 18 of Circular No. 23/2024/TT-BCT dated November 7, 2024, of the Minister of Industry and Trade regarding the management and use of industrial explosives and explosive precursors under the management authority of the Ministry of Industry and Trade:

b) The phrase "Department of Science and Technology" in point a Clause 4 Article 11; the phrase "Department of Industry and Trade" in Note (5) Form 01, Note (7) Form 02 Appendix IV of Circular No. 23/2024/TT-BCT dated November 7, 2024, of the Minister of Industry and Trade regarding the management and use of industrial explosives and explosive precursors under the management authority of the Ministry of Industry and Trade;

c) Appendix I promulgated with Circular No. 40/2018/TT-BCT dated October 30, 2018, issued by the Minister of Industry and Trade on the construction and content of safety management documents in oil and gas activities;

d) Article 17 of Circular No. 36/2019/TT-BCT dated November 29, 2019, of the Minister of Industry and Trade concerning the quality management of products and goods under the responsibility of the Ministry of Industry and Trade;

đ) The phrase "by postal service" in the content of Circular No. 11/2015/TT-BCT dated June 4, 2015, of the Minister of Industry and Trade regarding the transit of goods from the People's Republic of China through the territory of the Socialist Republic of Vietnam;

e) Clause 2, Article 21 of Circular No. 57/2018/TT-BCT dated December 26, 2018, issued by the Minister of Industry and Trade detailing certain provisions of Decrees related to tobacco business;

g) Article 2 of Circular No. 43/2023/TT-BCT of the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 57/2018/TT-BCT dated December 26, 2018, of the Ministry of Industry and Trade detailing certain provisions of Decrees related to tobacco trade;

h) Appendices 11, 12, 13, 14, 15 promulgated together with Circular No. 43/2023/TT-BCT of the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 57/2018/TT-BCT dated December 26, 2018, of the Ministry of Industry and Trade detailing certain provisions of Decrees related to tobacco trade;

i) Clause 1, Clause 2, Article 18 of Circular No. 02/2025/TT-BCT dated February 1, 2025, issued by the Minister of Industry and Trade on the protection of power engineering works and safety in the power sector;

k) Clause 2, Article 12 of Circular No. 47/2014/TT-BCT dated December 5, 2014, issued by the Minister of Industry and Trade on the management of electronic commerce websites.

l) Clause 2, Article 11 of Circular No. 59/2015/TT-BCT dated December 31, 2015, issued by the Minister of Industry and Trade, stipulates the management of e-commerce activities through applications on mobile devices;

m) Appendix V promulgated together with Circular No. 07/2019/TT-BCT dated June 20, 2019, of the Minister of Industry and Trade regarding the export of textile and garment products to Mexico under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership;

n) Clause 2 Article 5, Clause 3 Article 6 of Circular No. 12/2018/TT-BCT dated June 15, 2018, of the Minister of Industry and Trade detailing certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018, of the Government detailing certain provisions of the Law on Foreign Trade Management;

o) Article 15 of Circular No. 36/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade, stipulates the quality management of products and goods under the responsibility of the Ministry of Industry and Trade;

p) Clause 2 Article 5, Clause 3 Article 6, Clause 4 Article 7, Clause 2 Article 8 of Circular No. 12/2018/TT-BCT dated June 15, 2018, of the Minister of Industry and Trade detailing certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018, of the Government detailing certain provisions of the Law on Foreign Trade Management."

[36] This is amended pursuant to Clause 2, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade, which takes effect from July 1, 2025.

[37] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[38] Appendix V issued together with Circular No. 40/2013/TT-BTC is replaced by Model No. 03 Part I of Appendix I issued together with Circular No. 38/2025/TT-BTC as provided for in Clause 4, Article 15 of Circular No. 38/2025/TT-BTC amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade, which takes effect from July 1, 2025.

[39] Appendix VI issued together with Circular No. 40/2013/TT-BTC is replaced by Model No. 01 Part I of Appendix I issued together with Circular No. 38/2025/TT-BTC as provided for in Clause 4, Article 15 of Circular No. 38/2025/TT-BTC amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade, which takes effect from July 1, 2025.

[40] The phrase "as stipulated in Article 5" is replaced by "Article 25 of Decree No. 77/2016/NĐ-CP" as provided for in Point a, Clause 2, Article 17 of Circular No. 27/2016/TT-BCT amending, supplementing, and abolishing certain regulatory legal documents on investment business conditions in some fields under the management of the Ministry of Industry and Trade, which takes effect from January 20, 2017.

[41] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.

[42] The phrase "Ministry of Industry and Trade" is replaced by the phrase "Provincial People's Committee" pursuant to Clause 3, Article 15 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of implementation procedures in administrative fields under the management of the Ministry of Industry and Trade, which took effect from July 1, 2025.