CIRCULAR
Regulations on the management of safe vegetable, fruit, and tea production
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Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;
Pursuant to the Food Safety Law dated June 17, 2010;
Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to Decree No. 38/2012/NĐ-CP dated April 25, 2012 of the Government detailing implementation of certain provisions of the Food Safety Law;
At the proposal of the Director of the Plant Protection Department;
The Minister of Agriculture and Rural Development promulgates the Regulations on the management of safe vegetable, fruit, and tea production.
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. These Circulars prescribe the conditions and certification for food safety facilities in vegetable, fruit production, processing, and manufacturing; tea production and manufacturing.
2. These Circulars apply to organizations and individuals registering for safe vegetable, fruit, and tea production, processing, and manufacturing that meet food safety standards (hereinafter referred to as safe vegetables, fruits, and tea); relevant agencies, organizations, and individuals involved in certifying food safety conditions in production, processing, and manufacturing; inspection and handling of violations in the production, processing, and manufacturing of safe vegetables, fruits, and tea in Vietnam.
Article 2. Interpretation of Terms
In this Circular, the following terms are understood as follows:
1. Safe vegetables and fruits are fresh vegetable and fruit products produced, processed, and manufactured in accordance with national technical regulations on food safety conditions or in accordance with approved safe vegetable and fruit production and processing techniques by the Department of Agriculture and Rural Development or in accordance with food safety-related provisions in good agricultural practices for fresh safe vegetables and fruits VietGAP, other GAP standards, and typical models meeting food safety criteria as prescribed.
2. Safe tea is fresh tea leaf product produced in accordance with national technical regulations on food safety conditions or in accordance with safe tea production processes (including products) or in accordance with food safety-related provisions in good agricultural practices for fresh safe tea VietGAP or other GAP standards and processed according to technical regulations issued by the Ministry of Agriculture and Rural Development and typical models meeting food safety criteria as prescribed.
3. Safe vegetable, fruit, and tea production, processing, and manufacturing facilities are those granted certificates of compliance with food safety conditions in vegetable and fruit production, processing, and manufacturing or tea production and manufacturing.
CONDITIONS FOR THE PRODUCTION, PROCESSING, AND MANUFACTURING OF SAFE VEGETABLES, FRUITS, AND TEA
Article 3. General Conditions
Safe vegetable, fruit, and tea production, processing, and manufacturing facilities must comply with the conditions stipulated in Articles 23 and 25 of the Food Safety Law 2010.
Article 4. Conditions for ensuring food safety in vegetable and fruit production, processing, and manufacturing
1. Production conditions for vegetables and fruits
Comply with national technical regulations on food safety conditions for vegetables and fruits in production issued by the Ministry of Agriculture and Rural Development or follow approved safe vegetable and fruit production techniques by the Department of Agriculture and Rural Development or follow food safety-related provisions in VietGAP or other GAP standards.
2. Processing conditions for vegetables and fruits
Comply with national technical regulations on food safety conditions for vegetables and fruits in production and processing issued by the Ministry of Agriculture and Rural Development.
3. Manufacturing conditions for vegetables and fruits
Comply with national technical regulation QCVN 01-09:2009/BNNPTNT on vegetable and fruit processing facilities - food safety conditions.
Article 5. Conditions for ensuring food safety in tea production and processing
1. Tea production conditions
Implement the national technical regulation on conditions for ensuring food safety for fresh tea leaves in production issued by the Ministry of Agriculture and Rural Development or relevant provisions related to food safety contained in VietGAP or other GAP standards, but with safety limits not lower than those stipulated in VietGAP.
2. Tea processing conditions
Implement the national technical regulation QCVN 01- 07: 2009/BNNPTNT for tea processing facilities - conditions for ensuring hygiene and food safety.
ISSUING CERTIFICATE OF FOOD SAFETY CONDITIONS FOR PRODUCTION, PRIMARY PROCESSING, AND PROCESSING OF VEGETABLES AND FRUITS; TEA PRODUCTION AND PROCESSING
Article 6. Certificate of food safety conditions for production, primary processing, and processing of vegetables and fruits; tea production and processing
1. The certificate of food safety conditions is issued for each facility engaged in the production, primary processing, and processing of vegetables and fruits; tea production and processing (hereinafter referred to as the facility), except for small initial production facilities.
2. A facility that meets the requirements set forth in Articles 3, 4, and 5 of this Circular shall be issued a certificate of food safety conditions for production, primary processing, and processing of vegetables and fruits; tea production and processing.
3. The Department of Agriculture and Rural Development of provinces and centrally-administered cities has the authority to issue, reissue, or delegate to specialized agencies under the Department the issuance and reissuance of certificates of food safety conditions for production, primary processing, and processing of vegetables and fruits; tea production and processing (hereinafter referred to as the certificate).
4. The certificate is valid for three (3) years.
Six (6) months before the expiration date of the certificate, the facility must submit one (1) complete application file for reissuing the certificate to the competent authority issuing the certificate. The application procedures and requirements for reissuing the certificate are carried out according to the provisions of Article 9 of this Circular.
5. The format of the certificate is specified in Appendix 1 attached to this Circular.
6. The application file for issuing the certificate is kept by the issuing authority and the applicant facility.
7. Facilities that have been issued a VietGAP certificate may substitute it for the certificate of food safety conditions during the validity period of the VietGAP certificate.
Article 7. Procedures and requirements for issuing the certificate
1. Submission of application documents:
a) The facility applying for the certificate submits the application file directly or sends it through postal service to the competent authority issuing the certificate.
b) Number of application files: one (1) complete file
c) Verify the completeness and compliance of the application file within two (2) working days. If the file is complete and compliant with the regulations, accept the file. If it is incomplete or non-compliant, request supplementation and completion of the file.
2. Application files for issuing the certificate:
a) Application form for issuing the certificate according to the model at Appendix 2 attached to this Circular;
b) Description of production, primary processing, and processing conditions for vegetables and fruits; tea production and processing safety according to the model at Appendix 3 attached to this Circular;
c) Copy of the business registration certificate or establishment decision;
d) Copy of the training certificate on food safety in production, primary processing, and processing of vegetables and fruits, tea of the facility owner and direct workers (bring the original for verification) or certified copy;
đ) Health certificate of the facility owner and direct workers issued by a health facility at the district level or higher (applicable only to processing facilities).
3. Assessment and issuance of the certificate
a) Within five (5) working days from the date of receiving a complete and compliant application file, the competent authority issuing the certificate will establish a team of 2-5 people to conduct an assessment and evaluation of the facilities applying for the certificate.
b) Within five (5) working days from the date of issuing the decision to establish the inspection team, the competent authority is responsible for notifying the facility of the inspection plan at least five (5) working days prior to the assessment and evaluation. The inspection plan clearly states the content, time, composition of the team, and inspection requirements.
c) Inspection content and methods
The inspection team conducts an assessment and evaluation of the facility's compliance with current conditions using practical inspection methods; reviewing documents and interviewing (if necessary); when necessary, samples of soil, water, and products can be taken for testing. Sampling is conducted according to relevant standards or regulations.
The inspection report must be announced at the final inspection meeting, recording all inspection contents and having signatures of confirmation from the facility representative and the inspection team leader. In cases where the conditions are not met, the inspection team specifies in the report the unmet criteria and the deadline for the facility to rectify them.
In case of disagreement with the inspection results, the facility representative has the right to record their objections at the end of the report before signing and affixing the stamp for confirmation. The inspection report has legal value if the facility representative does not sign the report.
The inspection report, evaluation form, and guidance for evaluating vegetable and fruit production facilities, primary processing facilities; evaluation forms and statistics for processing facilities are specified in Appendices 4, 5, 6, and 7 attached to this Circular; evaluation and statistical forms for processing facilities are provided in Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011, issued by the Minister of Agriculture and Rural Development on inspecting and evaluating agricultural inputs and agricultural, forestry, and aquatic product production and trading facilities; evaluation and statistical forms for tea processing facilities are provided in Circular No. 53/2011/TT-BNNPTNT dated August 2, 2011, issued by the Minister of Agriculture and Rural Development supplementing Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011, issued by the Minister of Agriculture and Rural Development on inspecting and evaluating agricultural inputs and agricultural, forestry, and aquatic product production and trading facilities.
d) Issuance of the certificate
Within five (5) working days from the date of completing the inspection or receiving the test results of the inspection team, the facility meeting the conditions will be issued the certificate.
In cases where the conditions have not been met, they are clearly stated in the inspection report. After receiving the corrective report, the competent authority will review and assess the corrective reports (if necessary, it may send representatives to re-inspect). If the requirements are met, within five (5) working days from the date of receipt of the corrective report from the facility or upon completion of the re-inspection results, the competent authority shall issue a certificate.
In cases where a certificate is not issued, the competent authority shall respond in writing and specify the reasons.
Article 8. Reissuing and Revoking Certificates
1. Cases for reissuing certificates
a) The original certificate is still valid but has been lost or misplaced;
b) The original certificate is still valid but is damaged and cannot be used further;
c) When errors on the certificate are discovered due to mistakes made by the entity requesting the certificate or by the issuing authority;
d) When there are changes or additional information related to the entity requesting the certificate that need to be reflected on the certificate;
đ) When the certificate expires;
e) When the certificate is revoked as provided in Point a, Clause 2, Article 8 hereof.
2. Revoking certificates
a) Cases for revocation as stipulated in Article 13 of Decree No. 38/2012/NĐ-CP dated April 25, 2012, detailing certain provisions of the Food Safety Law;
b) Cases as provided in Point c, Clause 2, Article 14 of this Circular.
3. Authority to revoke certificates
The authority issuing the certificate has the authority to revoke it.
Article 9. Procedures and Formalities for Reissuing Certificates
1. Submitting application
a) The entity requesting a reissued certificate shall submit the application dossier to the competent authority issuing the certificate through the following methods: Direct submission; postal service; fax, email, electronic network (followed by submission of the original dossier).
b) Number of application files: one (1) complete file
c) Verify the completeness and validity of the dossier within one (1) working day. If the dossier meets the requirements, accept it. If it does not meet the requirements, request supplementary or completed documentation.
2. Dossier for reissuing certificates:
a) Application form for reissuing a certificate meeting the conditions for safe production, processing, and preparation of vegetables and fruits; safe production and processing of tea, according to the model attached as Appendix 2 to this Circular;
b) Description of production, processing, and preparation conditions for vegetables and fruits; production and processing conditions for tea (if different from the initial registration);
c) Photocopies of training certificates on food safety in vegetable and fruit production, processing, and preparation; tea production and processing for the owner of the entity and direct workers (bring the originals for verification) or certified copies (for newly added personnel);
d) Health certificates for the owner of the entity and direct workers issued by health facilities at district level or higher (applicable to entities engaged in processing and preparation under the circumstances specified in Point d, đ, e, Clause 1, Article 8 of this Circular);
đ) Corrective report (for cases where the certificate was revoked as provided in Point c, Clause 2, Article 14 of this Circular);
e) Previously issued certificate (for cases specified in Points b, c, Clause 1, Article 8 of this Circular);
g) Inspection and evaluation records of periodic food safety assurance conditions for vegetable and fruit production, processing, and preparation; tea production and processing by relevant authorities in accordance with the regulations of the Minister of Agriculture and Rural Development (if applicable).
3. Reviewing and Reissuing Certificates
a) For cases specified in Points a, b, c, Clause 1, Article 8 of this Circular, the competent authority issuing the certificate shall review and compare the original dossier at the issuing authority. The review period for reissuing is one (1) working day from the date of receipt of the valid dossier. The issuance date and validity period shall follow those of the original certificate and bear the stamp "Reissued".
b) For cases specified in Points d, đ, e, Clause 1, Article 8 of this Circular, the procedures and deadlines for reissuing certificates shall be carried out in accordance with Clause 3, Article 7 of this Circular.
In cases where the entity has achieved category A in annual inspections conducted in accordance with the regulations of the Minister of Agriculture and Rural Development, the review and reissuance period is five (5) working days from the date of receipt of the valid dossier, and the issuing authority does not establish an inspection team.
c) In cases where a reissued certificate is not granted, the competent authority shall respond in writing and specify the reasons.
Article 10. Provisions on sampling, sampling costs, and testing
1. The methods for sampling and testing to determine heavy metals and harmful microorganisms in soil and water shall be applied in accordance with the provisions of national technical regulations and implemented at laboratories in accordance with Circular No. 54/2011/TT-BNNPTNT dated August 3, 2011 issued by the Minister of Agriculture and Rural Development, which requires laboratory capacity regarding quality and safety of agricultural, forestry, aquatic products, and salt.
2. The entity applying for certification shall bear the costs of sampling and testing soil and water samples; sampling and testing product samples; certification costs for food safety conditions in production, processing, and preparation of vegetables and fruits; tea production and processing, except where the state budget provides support.
3. Costs for sampling and testing in regular and spot-check inspections of production, processing, and preparation facilities for safe vegetables, fruits, and tea shall be borne by the inspection agency; if the inspection agency concludes that the facility has violated regulations, the facility must pay for the sampling and testing costs and public announcement costs on mass media.
RESPONSIBILITIES OF THE PARTIES INVOLVED IN CERTIFICATE ISSUANCE
Article 11. Entities Applying for Certification
1. Registering for and obtaining and reissuing certificates of food safety conditions in accordance with the provisions of this Circular and complying with all relevant regulations.
2. Providing complete information and related documents and creating favorable conditions for the issuing authority to perform its duties.
3. Continuously maintaining and ensuring the conditions for safe vegetable, fruit, and tea production, processing, and preparation that have been certified.
4. Implementing corrective actions and repairs as noted in the inspection and evaluation reports of the issuing authority.
5. Paying fees and charges as prescribed.
6. Having the right to appeal when disagreeing with conclusions in inspection and evaluation reports.
Article 12.
Issuing Authority
1. Issuing, reissuing, and revoking certificates of food safety conditions for entities in accordance with the provisions of this Circular and relevant laws.
2. Establishing inspection teams to assess and evaluate entities applying for certification.
3. Ensuring objectivity and fairness in certificate issuance activities.
4. Conducting regular or spot-check inspections of certified entities upon request of competent authorities.
5. Handling violations, resolving complaints and denunciations in accordance with legal provisions.
6. Supervising and requiring entities to correct deficiencies in safe vegetable, fruit, and tea production, processing, and preparation conditions.
7. Requesting entities to provide documents and creating favorable conditions for certificate issuance, inspection of compliance with the provisions of this Circular and other relevant regulatory legal documents.
Article 13.
Inspection Team for Certificate Issuance Evaluation
1. Evaluating and considering the conformity of entities with the provisions of this Circular.
2. Ensure objectivity in inspection and evaluation.
3. Truthfully reporting evaluation results to the competent authority issuing the certificate.
4. Maintaining confidentiality of information related to the evaluated entity's secrets, adhering to all current legal provisions.
5. Being permitted to interview, examine records, documents, and files related to the entity; collecting, recording necessary information, requesting the performance of specialized tasks, and providing evidence for inspection and evaluation activities.
Article 14. Inspection and Handling of Violations
1. Inspect
a) Departments and specialized management agencies under the Ministry of Agriculture and Rural Development, Provincial Departments of Agriculture and Rural Development (collectively referred to as inspection agencies) shall establish regular or spot-check inspection teams according to their assigned functions and tasks to inspect safe vegetable, fruit, and tea production, processing, and preparation facilities in accordance with the Food Safety Law, Product Quality Law, and implementing guidelines.
b) Safe vegetable, fruit, and tea production, processing, and preparation facilities shall be subject to regular or spot-check inspections by central and local inspection agencies in accordance with the law.
2. Handling Violations During Inspection
a) When discovering that an entity does not meet one of the conditions stipulated in Articles 3, 4, and 5 of this Circular, the inspection team shall require the entity to immediately implement corrective measures within a specific time limit; report to the inspection agency within 24 hours for handling within its jurisdiction; before continuing to market products, the entity must notify the inspection agency in writing.
If the entity continues to violate, within seven working days from the date of the violation conclusion, the inspection agency shall publicly announce on mass media the name, address of the violating entity, the name of the non-compliant product, and the degree of non-compliance of the product.
After the public announcement on mass media, if the violating entity continues to violate, the inspection agency shall recommend the competent authority to handle it according to the guidance at Point c, Clause 2, Article 11 and other legal provisions.
b) When discovering signs of non-compliance with food safety, the inspection team may take samples for testing. If the test results confirm that the product does not meet food safety standards as prescribed by the Ministry of Health, the inspection agency shall publicly announce on mass media; temporarily suspend production, processing, and preparation of non-compliant products to rectify violations; depending on the severity of the violation, the inspection agency shall recommend the competent authority to impose administrative penalties or criminal liability according to the guidance at Point c, Clause 2, Article 11 and other legal provisions.
c) In cases of serious violations or failure to rectify violations after public announcement on mass media or repeated violations in two consecutive inspections, the certificate may be revoked. Depending on the severity of the violation, the inspection agency shall recommend the competent authority to impose administrative penalties or pursue criminal responsibility according to the law.
Article 15
Allocation of implementation responsibilities
1. Department of Quality Management of Forestry, Agricultural, and Aquatic Products
a) Directing and guiding provincial departments of agriculture and rural development to issue certificates of food safety conditions for production, processing, and preparation of vegetables and fruits; tea production and processing in accordance with the provisions of this Circular.
b) Participate in training on VietGAP standards and technical regulations for production, processing, and manufacturing facilities of vegetables, fruits, and safe tea throughout the country.
c) Take the lead in investigating the causes of incidents where products do not meet food safety requirements and propose remedial measures.
d) Organize the implementation of tasks related to food safety inspection and supervision according to the division of labor by the Minister of Agriculture and Rural Development.
2. Directorate of Crop Production
a) Guide the development of planning for concentrated safe vegetable, fruit, and tea production areas nationwide; direct the implementation of programs and projects for developing safe vegetables, fruits, and tea; submit to the Ministry for promulgation of technical standards in the production, processing, and manufacturing of safe vegetables, fruits, and tea.
b) Take the lead and coordinate with relevant units to develop training programs on food safety in the production, processing, and manufacturing of safe vegetables, fruits, and tea.
c) Organize the implementation of tasks related to food safety inspection and supervision according to the division of labor by the Minister of Agriculture and Rural Development.
3. The Processing and Marketing Department of Agriculture, Forestry, Aquaculture, and Salt Industry a) Submit to the Ministry for promulgation of technical standards concerning conditions ensuring food safety in the processing of safe vegetables, fruits, and tea; b) Train on standards and technical regulations for the preservation and processing of safe vegetables, fruits, and tea throughout the country.
c) Organize the implementation of tasks related to food safety inspection and supervision according to the division of labor by the Minister of Agriculture and Rural Development;
4. The Plant Protection Department a) Train and direct the application of integrated pest management (IPM, ICM) procedures on vegetables, fruits, and tea; safe vegetable, fruit, and tea production procedures;
b) Organize the implementation of tasks related to food safety inspection and supervision according to the division of labor by the Minister of Agriculture and Rural Development. 5. The National Agricultural Extension Center a) Participate in training, disseminating safe production procedures;
b) Provide information and promote safe vegetable, fruit, and tea production; c) Develop demonstration models of facilities meeting food safety conditions in production, processing of vegetables, fruits; production, processing of tea in key regions to recommend for widespread adoption.
6. Departments of Agriculture and Rural Development of provinces and centrally governed cities
a) Submit to the People's Committee of the province or city for approval the planning of concentrated safe vegetable, fruit, and tea production areas and investment projects for developing safe vegetable, fruit, and tea production at the local level.
b) Issue production procedures for safe vegetables, fruits, and tea suitable to the specific conditions of the locality based on technical standards.
c) Organize the issuance of certificates for facilities meeting food safety conditions in production, processing, and manufacturing of vegetables, fruits; production, processing of tea.
d) Direct, guide, and inspect specialized agencies under the Department of Agriculture and Rural Development authorized to issue certificates for facilities meeting food safety conditions in production, processing, and manufacturing of vegetables, fruits; production, processing of tea.
d) Propose incentive policies and support mechanisms for safe vegetable, fruit, and tea production at the local level.
e) Organize the implementation of tasks related to food safety inspection and supervision of vegetables, fruits, and tea according to the division of labor by the Ministry of Agriculture and Rural Development at the local level.
g) Organize and guide the training and issuance of training certificates on food safety in the production, processing, and manufacturing of vegetables, fruits, and tea within their jurisdiction.
h) Inspect and audit the production, processing, and manufacturing of safe vegetables, fruits, and tea within their jurisdiction.
i) Announce on mass media the list of facilities meeting food safety conditions in production, processing, and manufacturing of vegetables, fruits; production, processing of tea; facilities certified with VietGAP.
Article 16
. Reporting System
1. Departments of Agriculture and Rural Development shall be responsible for submitting periodic reports every six months and annually to the Quality Management Department of Forestry, Aquaculture, and Fisheries regarding the results of implementing the tasks stipulated in this Circular; compile a list of facilities issued certificates within the provincial territory. The deadline for submission of reports is before June 15 and December 15 each year.
2. The Crop Production Department shall be responsible for compiling and submitting periodic reports every six months and annually to the Quality Management Department of Forestry, Aquaculture, and Fisheries regarding the management of vegetable, fruit, and tea production and processing.
3. The Processing and Marketing Department of Agriculture, Forestry, Aquaculture, and Salt Industry shall be responsible for compiling and submitting periodic reports every six months and annually to the Quality Management Department of Forestry, Aquaculture, and Fisheries regarding the management of safe vegetable, fruit, and tea processing.
4. Relevant units shall be responsible for submitting periodic reports every six months and annually to the Quality Management Department of Forestry, Aquaculture, and Fisheries regarding the tasks assigned in this Circular.
5. The Quality Management Department of Forestry, Aquaculture, and Fisheries shall be responsible for compiling and submitting periodic reports every six months and annually to the Ministry of Agriculture and Rural Development regarding the management of safe vegetable, fruit, and tea production; compile a list of facilities issued certificates nationwide.
Chapter VI
IMPLEMENTING PROVISIONS
Article 17. Transitional Provisions
Certificates for facilities meeting conditions for safe vegetable and fruit production and safe tea processing issued prior to the effective date of this Circular shall remain valid until the expiration date indicated on the certificate. Six (6) months before the expiry of such certificates, if the facility continues its operations, it must apply for a certificate for facilities meeting food safety conditions in production, processing, and manufacturing of vegetables, fruits; production, processing of tea according to the provisions of this Circular.
Article 18.
Implementation Provisions
1. This Circular takes effect from December 24, 2012.
2. This Circular abolishes Decision No. 99/2008/QĐ-BNN dated October 15, 2008 of the Minister of Agriculture and Rural Development promulgating Regulations on the management of safe vegetable, fruit, and tea production and business and Article 2 of Circular No. 17/2011/TT-BNNPTNT dated April 6, 2011 amending and supplementing, abolishing certain provisions on administrative procedures in crop production according to Resolution No. 57/NQ-CP dated December 15, 2010.
3. Entrust the Quality Management Department of Forestry, Aquaculture, and Fisheries to act as the focal point for monitoring, guiding, and organizing the implementation of this Circular. During the implementation process, if there are difficulties or obstacles, organizations and individuals concerned should report to the Ministry of Agriculture and Rural Development (Quality Management Department of Forestry, Aquaculture, and Fisheries) for prompt resolution./.