Law on Food Safety No. 55/2010/QH12

LAW

Food Safety

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly enacts the Food Safety Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the rights and obligations of organizations and individuals in ensuring food safety; conditions for ensuring food safety for food, food production, food business operations, and food import and export; food advertising and labeling; food testing; risk analysis for food safety; prevention, control, and remediation of food safety incidents; information, education, and communication on food safety; state management responsibilities for food safety.

Article 2. Interpretation of Terms

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

1. Food safety means ensuring that food does not harm human health or life.

2. Foodborne disease is a disease caused by consuming contaminated food.

3. Food processing aid is a substance intended to be used during the processing of food ingredients or components with the purpose of achieving technological objectives, which may be separated or remain in the food.

4. Food processing is the treatment of food that has been pre-processed or fresh food using industrial or manual methods to produce food ingredients or food products.

5. Food service business establishment is a food processing facility including stores, counters selling ready-to-eat food, cooked food, restaurants, meal preparation facilities, canteens, and collective kitchens.

6. Conditions for ensuring food safety are technical standards and other regulations concerning food, food production and business establishments, and food production and business activities issued by competent state management agencies to ensure food safety for human health and life.

7. Food testing is the implementation of one or more testing activities to assess compliance with technical standards and corresponding standards for food, food additives, food processing aids, food supplements, packaging, containers, and materials used to contain food.

8. Food business operation is the introduction, storage, transportation, or sale of food.

9. Batch of food product is a defined quantity of a type of product with the same name, quality, raw material, shelf life, and produced at the same establishment.

10. Food poisoning is a pathological condition caused by the absorption of contaminated food or food containing toxins.

11. Food contamination risk is the possibility of contaminants entering food during production and business operations.

12. Food contamination is the presence of contaminants in food that harm human health and life.

13. Food additive is a substance intentionally added to food during production, with or without nutritional value, aimed at maintaining or improving food characteristics.

14. Food production is the implementation of one, several, or all activities related to cultivation, animal husbandry, harvesting, fishing, extraction, pre-processing, processing, packaging, and preservation to create food.

15. Primary production is the implementation of one, several, or all activities related to cultivation, animal husbandry, harvesting, fishing, and extraction.

16. Pre-processing of food is the handling of cultivated, raised, harvested, fished, or extracted products to produce fresh food that can be consumed immediately or to produce food ingredients or semi-finished products for further food processing.

17. Food safety incident is a situation arising from food poisoning, foodborne diseases, or other situations caused by food that directly harm human health and life.

18. Contaminant is an unwanted factor not intentionally added to food, posing a risk of adversely affecting food safety.

19. Shelf life of food is the period during which food retains its nutritional value and remains safe under the storage conditions indicated on the label according to the manufacturer's instructions.

20. Food is a product consumed or drunk in its fresh or processed form, including pre-processed, processed, and preserved products. Food does not include cosmetics, tobacco, or substances used as pharmaceuticals.

21. Fresh food is unprocessed food including meat, eggs, fish, seafood, fresh vegetables, fruits, and other unprocessed foods.

22. Nutrient-enriched food is food supplemented with vitamins, minerals, trace elements to prevent or address deficiencies in community health or specific groups within the community.

23. Functional food is food used to support human body functions, provide comfort, enhance immunity, and reduce the risk of illness, including dietary supplements, health foods, medical nutrition.

24. Genetically modified food is food containing one or more genetically modified ingredients produced through genetic technology.

25. Irradiated food is food treated with radiation sources to prevent spoilage.

26. Street food is food prepared for immediate consumption, typically sold by vendors or displayed on streets, public places, or similar locations.

27. Ready-to-eat packaged food is food packaged and labeled completely, ready for direct sale for further processing or immediate consumption.

28. Food traceability is the process of tracing the formation and circulation of food.

Article 3. Principles of Food Safety Management

1. Ensuring food safety is the responsibility of all organizations and individuals producing and trading in food.

2. Producing and trading in food are conditional activities; organizations and individuals producing and trading in food must be responsible for the safety of the food they produce and trade.

3. Food safety management must be based on corresponding technical standards, regulations issued by competent state management agencies, and standards announced and applied by organizations and individuals producing food.

4. Food safety management must be carried out throughout the production and trading process of food based on risk analysis for food safety.

5. Food safety management must ensure clear division of responsibilities and inter-agency coordination.

6. Food safety management must meet the requirements of economic and social development.

Article 4. State Policy on Food Safety

2. Utilizing state resources and other resources to invest in scientific research and application of technology to serve risk analysis for food safety; building new and upgrading some laboratories to regional and international standards; enhancing the capacity of existing analytical laboratories; supporting investment in building safe raw material production areas, wholesale agricultural product markets, industrial-scale livestock and poultry slaughterhouses.

3. Encouraging food production and trading establishments to innovate technology, expand production scale; produce high-quality, safe food; supplement essential nutrients in food; build brands and develop safe food supply systems.

4. Establishing a legal framework and implementing mandatory implementation schedules for Good Manufacturing Practices (GMP), Good Agricultural Practices (GAP), Good Hygiene Practices (GHP), Hazard Analysis and Critical Control Points (HACCP) and other advanced food safety management systems during food production and trading processes.

5. Expanding international cooperation, actively signing international treaties and agreements on mutual recognition in the field of food.

6. Promptly rewarding organizations and individuals producing and trading in safe food.

7. Encouraging and creating conditions for domestic associations, organizations, individuals, and foreign organizations and individuals to invest and participate in activities related to standard and technical regulation construction, food safety testing.

8. Increasing investment, diversifying forms and methods of propaganda and education to raise public awareness about consuming safe food, the sense of responsibility and business ethics of organizations and individuals producing and trading in food towards the community.

Article 5. Prohibited Acts

1. Using materials not intended for food to process food.

2. Using food materials that have exceeded their shelf life, unclear origin, or not guaranteed to be safe for food production and processing.

3. Using food additives and processing aids that have exceeded their shelf life, outside the permitted list, or within the permitted list but exceeding the allowed limits; using chemicals of unknown origin or prohibited chemicals in food production and trading activities.

4. Using animals that died from disease, epidemics, or unknown causes, or were destroyed for food production and trading.

5. Producing and trading:

a) Food violating legal provisions on product labeling;

b) Food not conforming to corresponding technical standards;

c) Spoiled food;

d) Food containing toxic substances or contaminated with toxic substances or pathogens exceeding permissible limits;

đ) Food packaged or contained in unsafe containers or damaged, torn, deformed packaging during transportation causing food contamination;

e) Meat or products made from meat that has not been inspected or has been inspected but does not meet requirements;

g) Food not permitted to be produced or traded to prevent and control epidemics;

h) Food not registered for conformity declaration at the competent state agency when such food requires registration for conformity declaration;

i) Food of unknown origin, source, or expired.

6. Using means that cause food contamination, or vehicles that have transported hazardous substances without thorough cleaning to transport food materials or food.

7. Providing false or fabricated results of food testing.

8. Concealing, falsifying, or erasing evidence of food safety incidents or other intentional acts obstructing the discovery and resolution of food safety incidents.

9. People with infectious diseases participating in food production and trading.

10. Producing and trading food at premises without a certificate of compliance with food safety conditions as prescribed by law.

11. Misleading advertising of food that confuses consumers.

12. Publishing or announcing false information about food safety causing public outrage or damage to production and trading.

13. Illegally using sidewalks, pavements, common corridors, shared areas, or common spaces for street food preparation, production, and trading.

Article 6. Handling Violations of Food Safety Laws

1. Organizations and individuals producing and trading food that violate food safety laws shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if damage occurs, they must compensate and remedy the consequences in accordance with the law.

2. Individuals who abuse their positions or powers to violate this Law or other laws on food safety shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage occurs, they must compensate in accordance with the law.

3. The amount of fines for administrative violations stipulated in Clause 1 of this Article shall be implemented according to the provisions of the law on handling administrative violations; in cases where the highest fine prescribed by the law on handling administrative violations is still lower than seven times the value of the non-compliant food, the fine shall not exceed seven times the value of the non-compliant food; proceeds from such violations shall be confiscated according to the law.

4. The Government shall specify detailed regulations on acts, forms, and levels of fines for administrative violations in the field of food safety as stipulated in this Article.

Chapter II

RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS

FOR FOOD SAFETY

Article 7. Rights and Obligations of Organizations and Individuals Producing Food

1. Organizations and individuals producing food have the following rights:

a) To decide and announce product standards produced and supplied by themselves; to apply internal control measures to ensure food safety;

b) To request organizations and individuals trading food to cooperate in recalling and handling unsafe food;

c) To choose conformity assessment bodies and testing facilities designated to certify compliance;

d) To use conformity marks and other marks for products in accordance with the law;

đ) To lodge complaints, denunciations, and lawsuits in accordance with the law;

e) To receive compensation for damages in accordance with the law.

2. Organizations and individuals producing food have the following obligations:

a) To comply with conditions ensuring food safety during production and bear responsibility for the safety of food produced by themselves;

b) To comply with government regulations on fortifying foods with nutrients that are deficient and harmful to public health;

c) To provide complete and accurate information about products on labels, packaging, and accompanying documents in accordance with the law on product labeling;

d) To establish self-inspection procedures during food production;

đ) To truthfully inform about food safety; promptly and accurately warn about food safety risks, preventive measures for sellers and consumers; notify requirements for transportation, storage, preservation, and use of food;

e) To immediately cease production, notify relevant parties, and take remedial actions when unsafe or non-compliant food is discovered;

g) To retain records, samples of food, and necessary information in accordance with the law on traceability of food origin; to implement regulations on traceability of unsafe food as stipulated in Article 54 of this Law;

h) To recall and handle expired or unsafe food. In cases of destruction, the destruction of food must comply with environmental protection laws, other related laws, and the entity must bear all costs associated with the destruction;

i) To comply with legal regulations and decisions on inspections and examinations by competent state agencies;

k) To pay sampling and testing fees as stipulated in Article 48 of this Law;

l) To compensate for damages in accordance with the law when unsafe food produced by themselves causes harm.

Article 8. Rights and Obligations of Organizations and Individuals Engaging in Food Business

1. Organizations and individuals engaging in food business have the following rights:

a) To decide on internal control measures to maintain food safety and hygiene quality;

b) To request organizations and individuals producing or importing food to cooperate in recalling and handling unsafe food;

c) To choose testing facilities to test food safety; to select designated testing facilities to certify compliance for imported food;

d) To lodge complaints, file reports, and initiate lawsuits in accordance with the law;

đ) To receive compensation for losses according to the law.

2. Organizations and individuals engaging in food business have the following obligations:

a) To comply with conditions ensuring food safety during business operations and to be responsible for the safety of food they sell;

b) To verify the origin, source, labels, and related documentation of food products; to keep records of food products; to implement regulations on tracing the origin of unsafe food as stipulated in Article 54 of this Law;

c) To provide truthful information about food safety; to inform consumers about safety conditions when transporting, storing, preserving, and using food;

d) To promptly provide information about food safety risks and preventive measures to consumers upon receiving warnings from organizations and individuals producing or importing food;

đ) To immediately cease business operations, notify producers, importers, and consumers when unsafe food is discovered;

e) To report immediately to competent authorities and take immediate action to mitigate consequences when food poisoning or foodborne illnesses caused by their business operations are identified;

g) To cooperate with producers, importers, and state agencies in investigating food poisoning incidents to mitigate consequences, recall, or handle unsafe food;

h) To comply with laws and decisions regarding inspections and examinations by competent state agencies;

k) To pay sampling and testing fees as stipulated in Article 48 of this Law;

l) To compensate for damages in accordance with the law when food safety is compromised due to their business operations;

Article 9. Rights and Obligations of Food Consumers

1. Food consumers have the following rights:

a) To receive truthful information about food safety, usage instructions, transportation, storage, preservation, selection, and appropriate use of food; to receive information about safety risks and preventive measures upon receiving warnings about food;

b) To request organizations and individuals producing or selling food to protect their rights in accordance with the law;

c) To request consumer protection organizations to protect their legitimate rights and interests in accordance with the law on consumer protection;

d) To lodge complaints, file reports, and initiate lawsuits in accordance with the law;

đ) To receive compensation for damages in accordance with the law caused by consuming unsafe food;

2. Food consumers have the following obligations:

a) To fully comply with food safety regulations and guidelines provided by organizations and individuals producing or selling food when transporting, storing, preserving, and using food;

b) To promptly provide information when discovering food safety risks, reporting food poisoning, and foodborne illnesses to the nearest People's Committee, healthcare facilities, competent state agencies, and organizations and individuals producing or selling food;

c) To comply with environmental protection laws during the use of food.

Chapter III

Article 1. CONDITIONS FOR ENSURING FOOD SAFETY

Article 10. GENERAL CONDITIONS FOR ENSURING FOOD SAFETY

1. Comply with corresponding technical standards, adhere to regulations on limits for pathogenic microorganisms, residues of plant protection chemicals, veterinary drugs, heavy metals, pollutants, and other substances that may harm human health and life.

2. Depending on the type of food, in addition to the provisions stipulated in Clause 1 of this Article, food must also meet one or more of the following requirements:

a) Regulations on the use of food additives and processing aids in food production and business.

b) Regulations on food packaging and labeling.

c) Regulations on food storage.

Article 11. CONDITIONS FOR ENSURING THE SAFETY OF RAW FOODS

1. Adhere to the conditions prescribed in Article 10 of this Law.

2. Ensure traceability of origin as prescribed in Article 54 of this Law.

3. Have a veterinary hygiene certificate issued by the competent veterinary authority for raw foods of animal origin in accordance with the law on veterinary medicine.

Article 12. CONDITIONS FOR ENSURING THE SAFETY OF PROCESSED FOODS

1. Adhere to the conditions prescribed in Article 10 of this Law.

2. Initial ingredients forming processed foods must be safe and retain their inherent properties; ingredients forming processed foods must not interact with each other to produce harmful products to human health and life.

3. Pre-packaged processed foods must register a conformity declaration with the competent state agency before circulating in the market. The Government shall specify the registration procedures for conformity declarations and the validity period of such declarations for pre-packaged processed foods.

Article 13. CONDITIONS FOR ENSURING THE SAFETY OF FOOD ENRICHED WITH NUTRIENT PRECISES

1. Adhere to the conditions prescribed in Article 10 of this Law.

2. Initial ingredients forming processed foods must be safe and retain their inherent properties; ingredients forming processed foods must not interact with each other to produce harmful products to human health and life.

3. Only vitamins, minerals, and trace elements can be added to food at levels that ensure they do not harm human health and life and are listed in the Catalogue as prescribed by the Minister of Health.

Article 14. CONDITIONS FOR ENSURING THE SAFETY OF FUNCTIONAL FOODS

1. Adhere to the conditions prescribed in Article 10 of this Law.

2. Provide scientific information proving the effects of components that form the functional characteristics declared.

3. Functional foods first introduced to the market must have a report on testing the efficacy of the product.

4. The Minister of Health shall specify detailed management regulations for functional foods.

Article 15. CONDITIONS FOR ENSURING THE SAFETY OF GENETICALLY MODIFIED FOODS

1. Adhere to the conditions prescribed in Article 10 of this Law.

2. Adhere to regulations ensuring safety for human health and the environment as prescribed by the Government.

Article 16. CONDITIONS FOR ENSURING THE SAFETY OF IRRADIATED FOODS

1. Adhere to the conditions prescribed in Article 10 of this Law.

2. Belong to the Catalogue of food groups permitted for irradiation.

3. Adhere to regulations on irradiation dosage.

4. The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall issue the Catalogue of food groups permitted for irradiation and the permissible irradiation dosage for foods under their respective jurisdictions.

Article 17. CONDITIONS FOR ENSURING THE SAFETY OF FOOD ADDITIVES AND PROCESSING AIDS

1. Comply with corresponding technical standards, adhere to regulations on food additives and processing aids.

2. Provide usage instructions on labels or accompanying documents for each unit of product in Vietnamese and other languages according to the product's origin.

3. Belong to the Catalogue of food additives and processing aids permitted for use in food production and business as prescribed by the Minister of Health.

4. Register a conformity declaration with the competent state agency before circulating in the market.

The Government shall specify detailed registration procedures for conformity declarations and the validity period of such declarations for food additives and processing aids.

Article 18. Conditions for ensuring food safety for packaging materials and containers

1. Produced from safe raw materials, ensuring that harmful substances and strange tastes do not contaminate food, and maintaining food quality within the usage period.

2. Meeting corresponding technical standards, complying with regulations on packaging materials and containers for food issued by the Minister of Health.

3. Registering conformity declaration with the competent state agency before circulating on the market.

The Government shall specify the registration of conformity declarations and the validity period of such registrations for packaging materials and containers for food.

Chapter IV

FOOD SAFETY CONDITIONS

IN THE PRODUCTION AND DISTRIBUTION OF FOOD

Section 1

GENERAL CONDITIONS FOR ENSURING FOOD SAFETY

IN THE PRODUCTION AND DISTRIBUTION OF FOOD

Article 19. Conditions for ensuring food safety for food production and business establishments

1. Food production and business establishments must meet the following conditions:

a) Having appropriate location and area, maintaining a safe distance from sources of toxicity, pollution, and other harmful factors;

b) Having sufficient water meeting technical standards to serve food production and distribution;

c) Having adequate equipment suitable for processing raw materials, manufacturing, packaging, storing, and transporting different types of food; having sufficient washing and disinfection equipment, disinfectant water, devices to prevent insects and harmful animals;

d) Having a waste treatment system that operates regularly in accordance with environmental protection laws;

đ) Maintaining food safety conditions and keeping records of the origin and source of food raw materials and other documents regarding the entire process of food production and distribution;

e) Complying with regulations on health, knowledge, and practices of individuals directly involved in food production and distribution.

2. The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall issue national technical standards and specific regulations on conditions for ensuring food safety for food production and business establishments under their respective areas of responsibility.

Article 20. Conditions for ensuring food safety in food storage

1. Food production and business establishments must meet the following conditions for food storage:

a) Storage locations and means must have sufficient space to store each type of food separately, allowing for safe and accurate stacking techniques, and ensuring hygiene during storage;

b) Preventing the influence of temperature, humidity, insects, animals, dust, strange odors, and other adverse environmental impacts; ensuring adequate lighting; having specialized equipment to adjust temperature, humidity, and other climatic conditions, ventilation equipment, and other special storage conditions according to the requirements of each type of food;

c) Complying with storage regulations set by food production and distribution organizations and individuals.

2. The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall issue national technical standards and specific regulations on conditions for ensuring food safety in food storage under their respective areas of responsibility.

Article 21. Conditions for Ensuring Food Safety in Food Transportation

1. Organizations and individuals transporting food must ensure the following conditions:

a) The means of transporting food must be made from materials that do not contaminate food or its packaging, and are easy to clean.

b) Ensure food storage conditions during transportation according to the guidance of the organizations and individuals producing and trading the food.

c) Do not transport food alongside hazardous goods or those that may cause cross-contamination affecting food quality.

2. State management agencies with competent authority shall stipulate the means of transporting food; transportation routes for certain types of fresh food in urban areas.

Article 22. Conditions for Ensuring Food Safety in Small-Scale Food Production and Trading

1. Small-scale food production and trading establishments must comply with the following food safety conditions:

a) Maintain a safe distance from sources of toxicity and pollution.

b) Having sufficient water meeting technical standards to serve food production and distribution;

c) Have appropriate equipment for producing and trading food without causing toxicity or pollution.

d) Use raw materials, chemicals, food additives, processing aids, utensils, and packaging materials for food preparation, processing, and preservation.

đ) Comply with regulations regarding health, knowledge, and practices of individuals directly involved in food production and trading.

e) Collect and dispose of waste in accordance with environmental protection laws.

h) Maintain food safety conditions and retain information related to purchasing and selling to ensure traceability of food origin.

2. The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall issue national technical standards and specific regulations on food safety conditions for small-scale food production and trading within their respective jurisdictions.

3. Provincial People's Committees (hereinafter referred to as provincial-level People's Committees) shall issue local technical standards and specific regulations on food safety conditions for small-scale food production and trading for special foods in their provinces.

Section 2

CONDITIONS FOR ENSURING FOOD SAFETY IN PRODUCTION AND

TRADING OF FRESH FOOD

Article 23. Conditions for Ensuring Food Safety for Fresh Food Production Establishments

1. Fresh food production establishments must ensure the following conditions:

a) Ensure conditions regarding farmland, water sources, and production sites to produce safe food.

b) Adhere to legal provisions on the use of crop and livestock breeds; fertilizers, animal feed, plant protection chemicals, veterinary drugs, growth promoters, weight gainers, maturation agents, food preservatives, and other substances related to food safety.

c) Adhere to regulations on quarantine and veterinary hygiene in slaughtering animals; plant quarantine for agricultural products.

d) Implement waste disposal in accordance with environmental protection laws.

đ) Cleaning agents, disinfectants, and detoxifying agents used must be safe for humans and the environment.

e) Maintain food safety conditions, keep records of the origin and source of food raw materials, and other documents about the entire process of fresh food production.

2. The Minister of Agriculture and Rural Development shall specify the conditions for ensuring food safety for fresh food production establishments.

Article 24. Conditions for Ensuring Food Safety for Businesses Dealing with Fresh Foods

1. Businesses dealing with fresh foods must ensure the following conditions:

a) Comply with the conditions regarding ensuring safety for food handling tools, packaging materials, storage containers, and food safety conditions during storage and transportation as stipulated in Articles 18, 20, and 21 of this Law;

b) Ensure and maintain hygiene at the place of business.

2. The Minister of Agriculture and Rural Development shall specify in detail the conditions for ensuring food safety for businesses dealing with fresh foods.

Section 3

CONDITIONS FOR ENSURING FOOD SAFETY IN PRIMARY PROCESSING,

PREPARATION OF FOODS AND SALE OF PROCESSED FOODS

PROCESSED

Article 25. Conditions for Ensuring Food Safety for Primary Processing and Preparation of Foods

1. Ensure the conditions prescribed in Article 19 of this Law.

2. The primary processing and preparation procedures must ensure that food is not cross-contaminated, and does not come into contact with factors causing contamination or toxicity.

Article 26. Conditions for Ensuring Food Safety for Raw Materials, Food Additives, Processing Aids, and Nutrient Supplements Used in Food Preparation

1. Raw materials used for food preparation must still be within their shelf life, have clear origin and source, be safe, and retain their inherent properties; raw materials forming part of the food must not interact with each other to produce harmful products to human health and life.

2. Nutrient supplements, food additives, and processing aids used must comply with the provisions of Articles 13 and 17 of this Law.

Article 27. Conditions for Ensuring Food Safety for Businesses Dealing with Processed Foods

1. Businesses dealing with pre-packaged processed foods must ensure the following conditions:

a) Comply with the regulations on food labeling;

b) Comply with the conditions regarding ensuring safety for food handling tools, packaging materials, storage containers, and food safety conditions during storage as stipulated in Articles 18 and 20 of this Law;

c) Ensure and maintain hygiene at the place of business;

d) Store food according to the instructions of the production organization or individual.

2. Businesses dealing with unpackaged processed foods must ensure the following conditions:

a) Have measures to ensure that food does not spoil, mold, come into contact with insects, animals, dust, and other contaminants;

b) Clean or disinfect eating utensils and food storage containers before use for ready-to-eat food;

c) Provide information about the origin and production date of the food.

Section 4

CONDITIONS FOR ENSURING FOOD SAFETY IN

THE SALE OF FOOD SERVICES

Article 28. Conditions for Ensuring Food Safety for Places of Food Preparation and Sale of Food Services

1. The kitchen must be arranged to prevent cross-contamination between unprocessed and processed foods.

2. There must be sufficient water meeting technical standards for food preparation and sale.

3. There must be waste collection and disposal equipment that ensures hygiene.

4. Drainage in the store and kitchen areas must be unobstructed and free from accumulation.

5. The dining area must be well-ventilated, cool, adequately lit, maintained in clean condition, and have measures to prevent pests and harmful animals.

6. There must be food storage equipment, clean toilet facilities, hand washing facilities, and daily waste and garbage removal.

7. The head of the unit with a collective kitchen is responsible for ensuring food safety.

Article 29. Conditions for Ensuring Food Safety at Food Processing and Catering Establishments

1. Must have separate utensils and containers for raw food and cooked food.

2. Cooking and processing utensils must ensure hygiene safety.

3. Eating utensils must be made from safe materials, washed clean, and kept dry.

4. Must comply with health, knowledge, and practice requirements for direct food production and business personnel.

Article 30. Conditions for Ensuring Food Safety in Food Processing and Storage

1. Must use food and food ingredients with clear origins and ensuring safety, retain food samples.

2. Food must be processed safely and hygienically.

3. Food for sale must be displayed in glass cabinets or sanitary storage equipment that prevent dust, rain, sun exposure, and intrusion by insects and harmful animals; it must be sold on tables or stands higher than ground level.

Section 5

FOOD SAFETY CONDITIONS

IN STREET FOOD BUSINESS

Article 31. Conditions for Ensuring Food Safety at Street Food Display Locations

1. Must be isolated from sources of toxicity and pollution.

2. Must be sold on tables, stands, shelves, or sanitary street food display equipment, maintaining urban aesthetics.

Article 32. Conditions for Ensuring Food Safety for Street Food Ingredients, Utensils, Containers, and Business Personnel

1. Ingredients for preparing street food must ensure food safety and have clear origins and sources.

2. Eating utensils and food containers must ensure hygiene safety.

3. Packaging and materials directly contacting food must not cause contamination or transfer contaminants to food.

4. Must have equipment to shield from sun, rain, dirt, insects, and harmful animals.

5. Must have sufficient water meeting technical standards for food preparation and business operations.

6. Must comply with health, knowledge, and practice requirements for direct food production and business personnel.

Article 33. Responsibilities for Managing Street Food Business

1. The Minister of Health shall specify detailed conditions for ensuring food safety in street food business operations.

2. People's Committees at all levels are responsible for managing street food business activities within their jurisdictions.

Chapter V

CERTIFICATION OF ESTABLISHMENTS MEETING FOOD SAFETY REQUIREMENTS

IN THE PRODUCTION AND DISTRIBUTION OF FOOD

Article 34. Subjects, Conditions for Issuing and Revoking the Certificate of Establishment Meeting Food Safety Requirements

1. An establishment will be issued a Certificate of Establishment Meeting Food Safety Requirements when it meets the following conditions:

a) It has the necessary conditions for ensuring food safety appropriate to each type of food production and business as stipulated in Chapter IV of this Law;

b) It has registered food business activities in its Business Registration Certificate.

2. Organizations and individuals will have their Certificate of Establishment Meeting Food Safety Requirements revoked if they fail to meet the conditions specified in Clause 1 of this Article.

3. The Government shall specify in detail the subjects not eligible for issuance of the Certificate of Establishment Meeting Food Safety Requirements.

Article 35. Authority to Issue and Revoke the Certificate of Establishment Meeting Food Safety Requirements

The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall specify in detail the authority to issue and revoke the Certificate of Establishment Meeting Food Safety Requirements within their respective areas of responsibility.

Article 36. Documents, Procedures, and Formalities for Issuing Food Safety Assurance Certificates

1. The application documents for issuing a Food Safety Assurance Certificate include:

a) A request for issuance of a Food Safety Assurance Certificate;

b) Copy of Business Registration Certificate;

Point c) Description of facilities, equipment, and tools ensuring food safety conditions as prescribed by the competent state management agency;

d) Health certificates of the owner of the food production and business establishment and of those directly involved in food production and business issued by health facilities at district level or higher;

đ) Certificates confirming that the owner of the food production and business establishment and those directly involved in food production and business have been trained in food safety knowledge in accordance with regulations stipulated by the Minister of the relevant industry management ministry;

2. The procedures and formalities for issuing a Food Safety Assurance Certificate are as follows:

a) Organizations and individuals engaged in food production and business submit the application documents for issuance of a Food Safety Assurance Certificate to the competent state agency as prescribed in Article 35 of this Law;

b) Within fifteen days from the date of receipt of complete and valid application documents, the competent state agency shall inspect the actual conditions ensuring food safety at the food production and business establishment; if the conditions are met, a Food Safety Assurance Certificate must be issued; in case of refusal, a written response with detailed reasons must be provided.

Article 37. Validity Period of the Food Safety Assurance Certificate

1. The Food Safety Assurance Certificate is valid for three years.

2. Six months before the expiry date of the Food Safety Assurance Certificate, organizations and individuals engaged in food production and business must submit an application for reissuance of the certificate if they continue their production and business activities. The documents, procedures, and formalities for reissuance are carried out in accordance with the provisions of Article 36 of this Law.

Chapter VI

IMPORT AND EXPORT OF FOOD

Section 1

CONDITIONS FOR ENSURING SAFETY FOR IMPORTED FOOD

Article 38. Conditions for Ensuring Safety for Imported Food

1. Imported food, food additives, food processing aids, packaging tools, and materials must comply with corresponding conditions stipulated in Chapter III of this Law and the following conditions:

a) They must be registered for conformity declaration with the competent state agency prior to importation;

b) They must be issued a notification of confirmation that the imported food meets the requirements for each consignment by the designated inspection agency according to the regulations of the Minister of the relevant industry management ministry.

2. In addition to the conditions specified in Clause 1 of this Article, functional foods, nutrient-enriched foods, genetically modified foods, and irradiated foods must have a free circulation certificate or a health certificate as prescribed by the Government.

3. In cases where Vietnam does not have corresponding technical standards for imported food, food additives, food processing aids, packaging tools, and materials, international agreements and treaties to which the Socialist Republic of Vietnam is a member shall apply.

Article 39. State Inspection on Food Safety for Imported Food

1. Imported food, food additives, food processing aids, packaging tools, and materials must undergo state inspection for food safety, except for certain types of food exempted from such inspection according to the regulations of the Government.

2. Imported food from countries that have signed international treaties with Vietnam on mutual recognition of food safety certification activities may be subject to reduced inspection, except in cases of warning or discovery of violations of Vietnamese laws on food safety.

3. The Government specifies the exemption from state inspection for food safety for certain types of imported food; the procedures and formalities for state inspection for food safety in the exporting country according to international treaties to which the Socialist Republic of Vietnam is a member.

Article 40. Procedures, formalities, and methods for state inspection of food safety for imported food

1. The procedures and formalities for state inspection of food safety for food, food additives, food processing aids, food packaging tools and materials imported shall be carried out in accordance with the provisions of the law on product quality and goods, and the following regulations:

a) Only allowed to be stored in warehouses awaiting clearance when there is a registration certificate for food safety inspection.

b) Only allowed to be cleared when there is confirmation that the food inspection results meet the import requirements.

2. The methods for state inspection of food safety for food, food additives, food processing aids, food packaging tools and materials imported include:

a) Strict inspection;

b) Routine inspection;

c) Reduced inspection.

3. The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall specify the competent state agencies for food safety inspection and the application of state inspection methods for food, food additives, food processing aids, food packaging tools and materials imported within their respective areas of responsibility.

Section 2

CONDITIONS FOR ENSURING FOOD SAFETY FOR EXPORTED FOOD

Article 41. Conditions for ensuring food safety for exported food

1. Complying with the conditions for ensuring food safety in Vietnam.

2. Being consistent with the food safety regulations of the importing country according to the contract or international treaties, mutual recognition agreements regarding conformity assessment results with relevant countries or regions.

Article 42. Certification for exported food

1. The competent authority of Vietnam shall issue certificates of free circulation, health certificates, origin certificates, or other related certificates for exported food when required by the importing country.

2. The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall stipulate the documents and procedures for issuing the types of certificates specified in Clause 1 of this Article within their respective areas of responsibility.

Chapter VII

ADVERTISING AND LABELING OF FOOD

Article 43. Advertising of Food

1. Advertising of food by organizations or individuals producing or trading in food, or service providers advertising food, shall be conducted in accordance with the provisions of the law on advertising.

2. Prior to registering for advertising, organizations or individuals with food products intended for advertising must submit the necessary documents to the competent state management agency for verification of the advertising content.

3. Advertisers, advertising service providers, and organizations or individuals advertising food may only proceed with advertising after the content has been verified and must advertise only the content that has been confirmed.

The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall specify the types of food that require advertising registration, the authority, procedures, and formalities for verifying the content of food advertising within their respective areas of responsibility.

Article 44. Labeling of Food

1. Organizations and individuals producing or importing food, food additives, and food processing aids in Vietnam must comply with the labeling requirements for food as stipulated by the law on product labels.

For the shelf life of food indicated on the label, it should be marked as "best before," "use by," or "expires on" depending on the type of product.

2. For functional foods, food additives, irradiated foods, genetically modified foods, in addition to the provisions of Clause 1 of this Article, they must also comply with the following regulations:

a) For functional foods, the phrase "functional food" must be clearly stated and no claims about substituting medicine for disease treatment can be made in any form;

b) For food additives, the phrase "food additive" must be clearly stated along with information on the scope, dosage, and usage method;

c) For irradiated foods, the phrase "irradiated food" must be clearly stated;

d) For certain genetically modified foods, the phrase "genetically modified food" must be clearly stated.

3. Based on economic and social conditions at different times, the Government shall specify detailed regulations on food labeling, shelf life of food, and specific genetically modified foods that must be labeled, as well as the threshold percentage of genetically modified components that must be labeled.

Chapter VIII

TESTING OF FOOD, RISK ANALYSIS FOR FOOD SAFETY, PREVENTION, CONTROL, AND REMEDIATION OF FOOD SAFETY INCIDENTS

TESTING OF FOOD

REMEDYING FOOD SAFETY INCIDENTS

Section 1

TESTING OF FOOD

Article 45. Requirements for Food Testing

1. Food testing shall be conducted in the following cases:

a) At the request of organizations or individuals engaged in food production and business, or other related organizations or individuals;

b) To serve state management activities on food safety.

Food testing to serve state management activities shall be carried out at food testing facilities designated by the Minister of the relevant sector.

2. Food testing must meet the following requirements:

a) Objectivity and accuracy;

b) Compliance with technical regulations.

Article 46. Food Testing Facilities

1. Food testing facilities must satisfy the following conditions:

a) Having organizational structure and technical capacity meeting the requirements of national standards and international standards for testing facilities;

b) Establishing and maintaining a management system in accordance with the requirements of national standards and international standards;

c) Registering their conformity assessment activities with the competent state agency in cases where they conduct certification activities.

2. Food testing facilities providing testing services and charging testing fees shall bear legal responsibility for the testing results they produce.

3. The Minister of the relevant sector shall specify the conditions for testing facilities as stipulated in Clause 1 of this Article.

Article 47. Testing to Resolve Disputes on Food Safety

1. The authority responsible for resolving disputes shall designate a testing facility to carry out testing on the disputed content. The testing results from the designated testing facility shall be used as the basis for resolving disputes on food safety.

2. The testing facility designated for verification must be a state-owned testing facility that meets the conditions specified in Clause 1 of Article 46 of this Law.

3. The Minister of the relevant sector shall specify the conditions for verification testing facilities and the list of qualified verification testing facilities.

Article 48. Costs for Sampling and Food Testing

1. Costs for sampling and testing food for inspection and supervision of food safety shall be borne by the agency deciding on such inspections and supervision.

2. Based on the testing results, if the agency issuing the inspection and supervision decision concludes that an organization or individual engaged in food production and business has violated food safety laws, then that organization or individual must reimburse the sampling and testing costs to the inspection and supervision agency.

3. Organizations or individuals requesting sampling and testing of food must bear the costs of sampling and testing themselves.

4. Costs for sampling and testing in disputes and complaints about food safety shall be borne by the plaintiff or complainant. If the testing results confirm that an organization or individual engaged in food production and business has violated food safety regulations, then that organization or individual must reimburse the disputed food safety sampling and testing costs to the plaintiff or complainant.

Section 2

RISK ASSESSMENT FOR FOOD SAFETY

Article 49. Objects to be Subject to Food Safety Risk Analysis

1. Foods with a high rate of poisoning incidents.

2. Foods with sampling results for monitoring showing a high violation rate of technical standards on food safety.

3. Environments and food production and business establishments suspected of causing contamination.

4. Foods and food production and business establishments subject to risk analysis as required by management.

Article 50. Activities Related to Food Safety Risk Analysis

1. Food safety risk analysis activities include evaluation, management, and communication regarding food safety risks.

2. The evaluation of food safety risks includes:

a) Investigating and testing to identify food safety hazards in microbiological, chemical, and physical agent groups;

b) Determining the risk of food safety hazards affecting health, the extent, and scope of impact on community health.

3. Food safety risk management includes:

a) Implementing measures to limit food safety risks at each stage of the food supply chain;

b) Controlling and coordinating to limit food safety risks in food service businesses and other food production and business activities.

4. Food safety risk communication includes:

a) Providing information on preventive measures when food poisoning incidents occur, caused by unsafe food leading to foodborne diseases, to raise public awareness and responsibility regarding food safety risks;

b) Announcing and forecasting food safety risks; building a system for warning about food safety risks and foodborne diseases.

Article 51. Responsibility for Conducting Food Safety Risk Analysis

The Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade organize food safety risk analysis within their respective areas of management as stipulated in Articles 49 and 50 of this Law.

Section 3

PREVENTION, PREVENTION AND REMEDY OF FOOD SAFETY INCIDENTS

REGARDING FOOD SAFETY

Article 52. Prevention and Prevention of Food Safety Incidents

1. Organizations and individuals discovering signs related to food safety incidents have the responsibility to immediately report to the nearest healthcare facility, local People's Committee, or competent state agency to take timely preventive measures.

2. Measures for preventing and preventing food safety incidents include:

a) Ensuring safety during food production, business, and consumption;

b) Educating, promoting, and disseminating knowledge and practices on food safety to organizations and individuals involved in food production and business and consumers;

c) Inspecting and supervising food safety in food production and business;

d) Analyzing food contamination risks;

đ) Investigating, surveying, and storing data on food safety;

e) Retaining food samples.

3. Local People's Committees at all levels are responsible for organizing the implementation of preventive and preventive measures against food safety incidents within their jurisdiction.

4. The Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade organize the implementation of monitoring, prevention, and prevention programs for food safety incidents; implementing preventive measures against food safety incidents from abroad that pose a risk to Vietnam within their respective areas of management.

5. The Ministry of Health, in collaboration with relevant ministries and sectors, builds a system for warning about food safety incidents.

Article 53. Handling Food Safety Incidents

1. Organizations and individuals who discover food safety incidents occurring domestically or abroad but affecting Vietnam must report to the nearest healthcare facility, local People's Committee, Ministry of Health, Ministry of Agriculture and Rural Development, or Ministry of Industry and Trade to take timely measures to address the incident.

2. Measures for handling food safety incidents include:

a) Promptly identifying, providing emergency care, and treating individuals suffering from food poisoning, foodborne illnesses, or other situations arising from harmful food that affect health and life.

b) Investigating food poisoning cases, determining the cause of food poisoning and foodborne illnesses, and tracing the origin of the contaminated food.

c) Suspending production and business operations; recalling and disposing of food causing food poisoning and foodborne illnesses circulating in the market.

d) Notifying organizations and individuals related to food poisoning and foodborne illnesses.

e) Implementing preventive measures against food poisoning and foodborne illnesses.

3. Local People's Committees at all levels are responsible for organizing the implementation of measures to handle food safety incidents within their jurisdiction.

4. The Minister of Health is responsible for:

a) Specifying detailed procedures for reporting food safety incidents;

b) Leading and coordinating with relevant ministries and sectors to implement measures to prevent food safety incidents occurring abroad that pose a risk to Vietnam.

5. Organizations and individuals supplying food causing food poisoning must bear all medical treatment costs for those affected and compensate for damages according to civil law regulations.

Section 4

TRACING THE ORIGIN OF FOOD, RECALLING AND HANDLING

FOR UNSAFE FOOD

Article 54. Tracing the Origin of Unsafe Food

1. Tracing the origin of unsafe food shall be carried out by organizations and individuals producing and trading in food in the following circumstances:

a) When requested by competent state authorities;

b) When they discover that the food they produce or trade does not meet safety standards.

2. Organizations and individuals producing and trading in food must perform the following actions when tracing the origin of unsafe food:

a) Identifying and announcing batches of unsafe food products;

b) Requesting food retail agents to report the quantity of unsafe food products, actual inventory, and those circulating in the market;

c) Compiling and reporting to competent state authorities on plans for recall and handling measures.

3. Competent state authorities are responsible for supervising and inspecting the implementation of tracing the origin of unsafe food.

Article 55. Recall and Handling of Unsafe Food

1. Food must be recalled in the following circumstances:

a) Food has exceeded its shelf life and is still being sold on the market;

b) Food not conforming to corresponding technical standards;

c) Food is a new technology product not yet permitted for circulation;

d) Food has deteriorated during storage, transportation, or trading;

e) Food contains prohibited substances or contaminants exceeding prescribed limits;

f) Imported food is reported by the competent authority of the exporting country, another country, or an international organization to contain contaminants harmful to health and life.

2. Unsafe food subject to recall shall be handled in the following ways:

a) Voluntary recall conducted by organizations and individuals producing and trading in food;

b) Mandatory recall ordered by competent state authorities for organizations and individuals producing and trading in unsafe food.

3. Methods of handling unsafe food include:

a) Correcting product defects or labeling errors;

b) Changing the intended use;

c) Re-exporting;

d) Destruction.

4. Organizations and individuals producing and trading in unsafe food are responsible for publicly announcing information about recalled products and ensuring the recall and disposal of unsafe food within the time limit set by competent state authorities; bearing all costs associated with the recall and disposal of unsafe food.

If the recall period expires and organizations and individuals producing and trading in unsafe food fail to carry out the recall, compulsory recall will be enforced according to the law.

5. Competent state authorities are responsible for:

a) Based on the degree of violation of safety conditions, deciding on the recall and handling of unsafe food, and setting deadlines for completing such actions;

b) Inspecting the recall of unsafe food;

c) Handling violations of food safety laws according to the authority prescribed by law;

d) In cases where unsafe food poses a serious threat to public health or in emergencies, competent state authorities may directly organize the recall and handling of unsafe food and require organizations and individuals producing and trading in unsafe food to pay for the costs of the recall and handling.

6. The Ministers of Health, Agriculture and Rural Development, and Industry and Trade shall specify detailed procedures for the recall and handling of unsafe food within their respective areas of responsibility.

Chapter IX

INFORMATION, EDUCATION, COMMUNICATION

REGARDING FOOD SAFETY

Article 56. Purpose and Requirements for Food Safety Information, Education, and Communication

1. Food safety information, education, and communication aim to enhance awareness of food safety, change behaviors, outdated production, business, living, and eating habits that cause food safety risks, contribute to protecting human health and lives; improve business ethics and responsibility of organizations and individuals engaged in food production and business towards consumers' health and lives.

2. The provision of food safety information, education, and communication must meet the following requirements:

a) Accurate, timely, clear, simple, and practical;

b) Consistent with traditions, culture, national identity, religion, social morality, beliefs, and customs;

c) Suitable for each specific target audience.

Article 57. Content of Food Safety Information, Education, and Communication

1. Provide information, disseminate knowledge, and laws on food safety.

2. Causes, ways to identify food poisoning risks, foodborne diseases, and measures to prevent and control food safety incidents.

3. Information about exemplary food production and business practices that ensure safety; recall of unsafe food products and handling of entities seriously violating food safety laws.

Article 58. Recipients of Food Safety Information, Education, and Communication

1. Organizations and individuals have the right to access food safety information, education, and communication.

2. Prioritize food safety information, education, and communication for the following groups:

a) Food consumers;

b) Managers and operators of food production and business establishments; those directly involved in food production and business;

c) Organizations and individuals engaged in fresh food production and small-scale food businesses; residents in areas with particularly difficult socio-economic conditions.

Article 59. Forms of Food Safety Information, Education, and Communication

1. Implemented through competent state agencies responsible for food safety.

2. Through mass media.

3. Integrated into teaching and learning at educational institutions within the national education system.

4. Through cultural activities, community life, and activities of social organizations and other forms of mass culture.

5. Through food safety question-and-answer points at relevant ministries.

Article 60. Responsibilities in Food Safety Information, Education, and Communication

1. Agencies, organizations, and units within their scope of duties and powers are responsible for providing food safety information, education, and communication.

2. The Minister of Health, the Minister of the relevant industry ministry, and the head of a ministry-level agency have the responsibility to direct relevant agencies to provide accurate and scientific food safety information; promptly respond to incorrect information about food safety.

3. The Minister of Information and Communications has the responsibility to direct mass media agencies to regularly provide information and communicate about food safety, integrating food safety information and communication programs with other information and communication programs.

4. The Minister of Education and Training has the responsibility to lead and coordinate with the Minister of Health, the Minister of the relevant industry ministry, and the head of a ministry-level agency to develop food safety education content combined with other educational contents.

5. People's Committees at all levels are responsible for organizing the implementation of food safety information, education, and communication work for the people in their respective areas.

6. Mass media agencies have the responsibility to prioritize time slots and airtime for food safety information, education, and communication on radio and television stations; print space and position on newspapers, news broadcasts, and online newspapers according to regulations of the Minister of Information and Communications. Food safety information, education, and communication on mass media shall not be charged, except in cases where it is carried out under separate contracts with programs or projects or funded by domestic or foreign organizations and individuals.

7. The Vietnam Fatherland Front, social organizations have the responsibility to provide food safety information, education, and communication within their respective areas of responsibility.

Chapter X

NATIONAL MANAGEMENT OF FOOD SAFETY

Section 1

RESPONSIBILITIES FOR NATIONAL MANAGEMENT OF FOOD SAFETY

Article 61. State Management Responsibility for Food Safety

1. The Government shall uniformly manage state affairs concerning food safety.

2. The Ministry of Health shall be responsible before the Government for implementing state management over food safety.

3. Ministries and ministerial-level agencies within their respective duties and authorities shall have the responsibility to coordinate with the Ministry of Health to implement state management over food safety.

4. People's Committees at all levels shall carry out state management over food safety within their localities.

Article 62. State Management Responsibility for Food Safety of the Ministry of Health

1. General Responsibilities:

b) Issue national technical standards regarding criteria and safety limits for food products; food packaging materials and containers;

c) Require ministries, sectors, and provincial People's Committees to report periodically and urgently on food safety management work;

d) Specify general conditions ensuring food safety for food production and business establishments;

đ) Lead in organizing the implementation of food safety law awareness and education campaigns; issue warnings about food poisoning incidents;

2. Responsibilities in Industry Management:

b) Manage food safety throughout the production, processing, preservation, transportation, export, import, and business processes for food additives, food processing aids, bottled water, natural mineral water, functional foods, and other foods as prescribed by the Government;

c) Manage food safety for food packaging materials and containers during the production, processing, and business processes within the assigned management sector;

Article 63. Responsibilities of the Ministry of Agriculture and Rural Development

2. Manage food safety for primary agricultural, forestry, and aquatic product production, and salt production.

3. Manage food safety throughout the production, collection, slaughtering, processing, preservation, transportation, export, import, and business processes for cereals, meat and meat products, aquatic products and seafood, vegetables, fruits and vegetable products, eggs and egg products, raw milk, honey and honey products, genetically modified foods, salt, and other agricultural food products as prescribed by the Government.

4. Manage food safety for food packaging materials and containers during the production, processing, and business processes within the assigned management sector.

5. Report periodically and urgently on food safety management work within the assigned management sector.

Article 64. Responsibilities of the Ministry of Industry and Trade

2. Managing food safety throughout the production, processing, storage, transportation, export, import, and business activities for types of alcohol, beer, beverages, processed milk, vegetable oil, starch-based products, and other foods as prescribed by the Government.

3. Managing food safety for food containers, packaging materials, and equipment during the production, processing, and business activities within the assigned management scope.

5. Leading efforts to prevent counterfeit food and commercial fraud during the circulation and business of food.

6. Periodically and urgently reporting on food safety management work within the assigned management scope.

Article 65. Responsibilities of State Management at All Levels of People's Committees

2. Being responsible for food safety management within their jurisdiction; managing food safety conditions for small-scale food production and trading facilities, street food vendors, food service establishments, food safety at markets within their jurisdiction, and other entities under delegated management.

3. Periodically and urgently reporting on food safety management work within their jurisdiction.

4. Allocating resources and organizing training to improve the quality of personnel for food safety assurance within their jurisdiction.

5. Organizing propaganda, education, communication, and raising awareness about food safety, compliance with food safety management laws, responsibility of organizations and individuals engaged in food production and trading towards the community, and consumer awareness.

6. Inspecting, supervising, and handling violations of food safety laws within their management jurisdiction.

Section 2

FOOD SAFETY INSPECTION

1. Food safety inspection is specialized inspection. Food safety inspections are conducted by the health sector, agriculture and rural development sector, and industry and trade sector according to the law on inspection.

2. The Government shall stipulate the coordination among food safety inspection forces of ministries and ministerial-level agencies with other forces in ensuring food safety.

Article 67. Content of Food Safety Inspection

1. Implementation of technical standards and regulations on food safety for food production and trading and food products issued by competent state management agencies.

2. Implementation of standards related to food safety announced and applied by organizations and individuals for food production and trading and food products.

3. Advertising and labeling activities for food under management.

4. Certification conformity and food safety testing activities.

5. Implementation of other provisions of the law on food safety.

Section 3

FOOD SAFETY AUDIT

Article 68. Responsibilities for Food Safety Inspection

1. The food safety management agency under the sectoral ministry shall conduct food safety inspections during production and business operations in accordance with Articles 61, 62, 63, and 64 of this Law.

2. The food safety management agency under the provincial People's Committee shall carry out food safety inspections within its jurisdiction in accordance with the regulations of the sectoral ministry and the division of responsibilities assigned by the provincial People's Committee.

3. In cases where inter-sectoral food safety inspections involve multiple sectors or localities, the leading inspection agency shall coordinate with relevant agencies under ministries, ministerial-level agencies, and provincial People's Committees to implement such inspections.

4. Food safety inspection activities must ensure the following principles:

a) Objectivity, accuracy, transparency, and non-discrimination;

b) Protection of confidential information, documents, and inspection results related to food producers and traders until there is a formal conclusion;

c) No harassment or undue inconvenience to food producers and traders;

d) Legal responsibility for the results of inspections and related conclusions.

5. The Minister of the sectoral ministry shall specify detailed provisions on food safety inspection activities within the scope of state management assigned to them.

Article 69. Powers and Duties of Food Safety Management Agencies in Food Safety Inspections

1. Within their duties and powers, food safety management agencies have the following rights in food safety inspections:

a) To decide to establish inspection teams to perform planned or spot inspections;

b) To warn about potential risks that do not ensure food safety;

c) To handle violations during food safety inspections in accordance with Articles 30, 36, and 40 of the Product Quality Law.

d) To resolve complaints and denunciations regarding decisions of inspection teams and actions of team members in accordance with laws on complaints and denunciations.

2. Within their duties and powers, food safety management agencies have the following responsibilities:

a) To develop annual inspection plans for submission to competent state authorities for decision;

b) To accept registration files for imported food safety inspections and confirm conditions ensuring food safety for imported foods;

c) To issue decisions on handling within the latest three working days from the date of receiving reports from inspection teams regarding the suspension of production and business activities, sealing of food, and suspension of food advertising when food does not meet safety standards.

Article 70. Inspection Teams

1. Inspection teams shall be established by the head of the food safety management agency based on approved inspection programs and plans or in cases of urgent inspections.

2. During food safety inspections, inspection teams shall have the following tasks and powers:

a) To request organizations and individuals engaged in food production and business to present relevant documents and handle violations during inspections in accordance with Articles 30 and 40 of the Product Quality Law; provide copies of these documents when necessary;

b) To take samples for testing when necessary;

c) To seal food, suspend sales of non-compliant food, and suspend food advertising with inappropriate content during market inspections and report to the food safety management agency within no more than 24 hours from the time of sealing food, suspending sales of non-compliant food, and suspending advertising;

d) To require organizations and individuals engaged in non-compliant food production and business to take corrective measures in accordance with published standards, technical regulations, and corresponding conditions;

đ) To recommend the food safety management agency to handle according to the authority stipulated in Article 69 of this Law;

e) To ensure the inspection principles specified in Clause 4 of Article 68 of this Law when conducting inspections;

g) To accurately and promptly report inspection results to the food safety management agency.

Chapter XI

IMPLEMENTING PROVISIONS

Article 71. Effective Date

This Law takes effect from July 1, 2011.

Decree No. 12/2003/PL-UBTVQH11 on Food Hygiene and Safety becomes invalid from the date this Law takes effect.

Article 72. Detailed regulations and guidance on implementation

The Government shall provide detailed provisions and guidance on the implementation of the Articles and Clauses assigned in this Law; provide necessary guidance on other contents of this Law to meet management requirements.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the twelfth session, seventh meeting, on June 17, 2010.