Decision No. 649/2000/QĐ-BTS Issuing the Regulation on Inspection and Recognition of Aquatic Product Production and Business Establishments Meeting Food Safety Standards, Replacing the Regulation Issued Pursuant to Decision No. 01/2000/QĐ-BTS dated January 3, 2000

This Regulation stipulates the inspection and recognition of aquatic product production and business establishments meeting food safety standards. The Regulation includes contents such as scope of application, general principles, evaluation criteria, inspection and recognition procedures, responsibilities of relevant parties, inspection fees, complaints, and penalties.

Số hiệu649/2000/QĐ-BTS
Loại văn bảnDecision
Cơ quan ban hànhMinistry of Agriculture and Environment
Người kýTạ Quang Ngọc — Bộ trưởng
Cập nhật21/06/2026
Lĩnh vựcUncategorized
Ngày ban hành04/08/2000
Ngày áp dụng19/08/2000
Ngày hết hiệu lực14/01/2009
Tình trạngExpired
✦ Tóm lược thông minh

This Regulation stipulates the inspection and recognition of aquatic product production and business establishments meeting food safety standards. The Regulation includes contents such as scope of application, general principles, evaluation criteria, inspection and recognition procedures, responsibilities of relevant parties, inspection fees, complaints, and penalties.

Đối tượng áp dụng

Aquatic product production and business establishments such as frozen seafood processing, canned products, bivalve mollusks, dried seafood for export, fishing vessels with power over 90 horsepower, and other types.

Các điểm cốt lõi

  • Scope of Application
  • General Principles
  • Evaluation Criteria
  • Inspection and Recognition Procedures
  • Responsibilities of the Fisheries Department, Provincial Fisheries Departments, Inspection Agencies, and Recognizing Agencies
  • Inspection Fees
  • Complaints and Penalties

🌐 Tác động xã hội từ văn bản này

  • Ensuring food safety in the aquaculture industry
  • Improving the quality of exported and domestically consumed aquatic products
  • Strengthening state management of food safety in the aquaculture sector

❓ Câu hỏi thường gặp

To which establishments does this Regulation apply?

This Regulation applies to establishment types such as frozen seafood processing, canned products, bivalve mollusks, dried seafood for export, fishing vessels with power over 90 horsepower, and other types listed in Appendix 1.

What mandatory standards apply to frozen seafood processing establishments?

Mandatory standards applicable to frozen seafood processing establishments include 28 TCN 129 : 1998, 28 TCN 130 : 1998, and the mandatory implementation date from January 1, 2001.

In which cases are inspection fees collected?

Inspection fees are collected in cases such as initial inspections, re-inspections, and periodic inspections. Fee levels and usage are implemented according to the regulations of the Ministry of Finance.

Toàn văn

SOCIALIST REPUBLIC OF VIET NAM

DECISION OF THE MINISTER OF AQUATIC RESOURCES

ISSUING REGULATIONS ON INSPECTION AND RECOGNITION OF AQUATIC PRODUCTION AND BUSINESS UNITS MEETING STANDARDS FOR FOOD SAFETY AND SANITATION

 TO REPLACE THE REGULATIONS ISSUED

 PURSUANT TO DECISION NO. 01/2000/QĐ-BTS DATED JANUARY 3, 2000

 

MINISTER OF AQUATIC RESOURCES

BASED ON GOVERNMENT DECREE NO. 50/CP DATED JUNE 21, 1994, PROVIDING TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF FISHERIES;

BASED ON GOVERNMENT DECREE NO. 86/CP DATED DECEMBER 8, 1995, ASSIGNING RESPONSIBILITIES FOR STATE MANAGEMENT OF PRODUCT QUALITY;

BASED ON PRIME MINISTER’S DECISION NO. 19/2000/QĐ-TTg DATED FEBRUARY 3, 2000, ABOLISHING LICENSES CONTRARY TO THE ENTERPRISE LAW;

BASED ON JOINT CIRCULAR NO. 02 TT/LB DATED MAY 24, 1996, GUIDING IMPLEMENTATION OF GOVERNMENT DECREE NO. 86/CP DATED DECEMBER 8, 1995;

AT THE REQUEST OF THE HEAD OF THE SCIENCE AND TECHNOLOGY DEPARTMENT

 

DECISION:

Article 1.Issued together with this Decision REGULATIONS ON INSPECTION AND RECOGNITION OF AQUATIC PRODUCTION AND BUSINESS UNITS MEETING STANDARDS FOR FOOD SAFETY AND SANITATIONTO REPLACE Regulation ISSUED PURSUANT TO DECISION NO. 01/2000/QĐ-BTS DATED JANUARY 3, 2000 BY THE MINISTER OF FISHERIES.

Article 2.THE FOLLOWING ENTITIES ARE NOT SUBJECT TO THESE REGULATIONS:

a) HOUSEHOLD AQUATIC PROCESSING UNITS FOR RETAIL SALE;

b) RETAIL AQUATIC FOOD SALES UNITS AND AQUATIC FOOD SERVICE ESTABLISHMENTS;

c) FISHING BOATS WITH MAIN ENGINE POWER LESS THAN 90 CV;

d) HAND-CRAFTED FISHING BOATS;

e) HAND-CRAFTED FISH PIER;

f) AQUATIC PROCESSING UNITS NOT USED FOR FOOD.

Article 3.THIS DECISION SHALL TAKE EFFECT 15 DAYS FROM THE DATE OF ISSUE. THE HEAD OF THE SCIENCE AND TECHNOLOGY DEPARTMENT IS RESPONSIBLE FOR GUIDING AND MONITORING THE IMPLEMENTATION OF THIS DECISION.

Article 4.THE DIRECTORS OF THE MINISTRY’S OFFICE, DEPARTMENTS, INSPECTORATE, COUNCIL FOR AQUATIC RESOURCES PROTECTION, QUALITY CONTROL AND SANITATION CENTER, DIRECTORS OF PROVINCE FISHERIES SERVICES, AND DIRECTORS OF PROVINCE AGRICULTURAL AND RURAL DEVELOPMENT SERVICES MANAGING AQUACULTURE ARE RESPONSIBLE FOR ENFORCING THIS DECISION.

                                                             

 MINISTRY OF FISHERIES                           socialist republic of vietnam

       ----------                                                    Independence - Freedom - Happiness

                                                                          --------------------------------------

REGULATIONS

INSPECTION AND RECOGNITION OF AQUATIC PRODUCTION AND BUSINESS UNITS

MEETING STANDARDS FOR FOOD SAFETY AND SANITATION

(ISSUED ACCOMPANIED WITH DECISION NO. 649/2000/QĐ-BTS DATED AUGUST 4, 2000

of the Minister of Aquatic Resources)

_________________

PART 1

GENERAL PROVISIONS

Article 1. Scope and Applicability

THESE REGULATIONS SET OUT THE PROCEDURES AND REQUIREMENTS FOR INSPECTION AND RECOGNITION OF AQUATIC PRODUCTION AND BUSINESS UNITS (HEREINAFTER REFERRED TO AS THE UNIT) MEETING STANDARDS FOR FOOD SAFETY AND SANITATION (HEREINAFTER REFERRED TO AS VSATTP).

THE ENTITIES SUBJECT TO THESE REGULATIONS ARE:

a) INDUSTRIAL AQUATIC PROCESSING, PACKAGING, AND STORAGE UNITS USED FOR FOOD;

b) HAND-CRAFTED AQUATIC PROCESSING AND PREPARATION UNITS; AQUATIC PROCUREMENT UNITS, SHELLFISH CLEANING UNITS, FISHING BOATS, FISHING PORTS, SEMI-INTENSIVE, INTENSIVE, AND INDUSTRIAL AQUACULTURE UNITS, WHOLESALE AQUATIC RAW MATERIAL MARKETS, AND MECHANIZED EQUIPMENT USED FOR AQUATIC TRANSPORTATION.

Article 2. Explanation of terms

IN THESE REGULATIONS, THE FOLLOWING TERMS ARE DEFINED AS FOLLOWS:

1. INDUSTRIAL AQUATIC PROCESSING, PACKAGING, AND STORAGE UNITS: AQUATIC PRODUCTION UNITS WHERE MECHANICAL, THERMAL, ELECTRICAL, AND COOLING EQUIPMENT PLAY A DECISIVE ROLE IN THE PROCESSING, PACKAGING, OR STORAGE CHAIN.

2. HAND-CRAFTED AQUATIC PROCESSING AND PREPARATION UNITS: AQUATIC PRODUCTION UNITS WHERE MECHANICAL AND ELECTRICAL EQUIPMENT PLAY A SUPPORTIVE ROLE IN THE PROCESSING AND PREPARATION CHAIN.

3. SEMI-INTENSIVE, INTENSIVE, AND INDUSTRIAL AQUACULTURE UNITS: COMMERCIAL AQUATIC FARMING UNITS USING DIFFERENT LEVELS OF ARTIFICIAL BREEDS, INDUSTRIAL FEED, AND MECHANICAL EQUIPMENT TO IMPLEMENT AQUATIC FARMING TECHNOLOGIES.

4. FISHING PORTS: SPECIALIZED CONSTRUCTION PROJECTS EQUIPPED TO RECEIVE, LOAD, HANDLE, STORE AQUATIC RAW MATERIALS FROM FISHING BOATS, AND PROVIDE SERVICES TO FISHING BOATS.

5. WHOLESALE AQUATIC RAW MATERIAL MARKETS: SPECIALIZED CONSTRUCTION PROJECTS AIMED AT ORGANIZING THE WHOLESALE OF AQUATIC RAW MATERIALS.

6. FISHING BOATS: WATERBORNE EQUIPMENT USED FOR AQUATIC HARVESTING, GATHERING, PRESERVATION, AND TRANSPORTATION, FITTED WITH AN ENGINE.

Article 3. Basis for Inspection and Recognition of Facilities Meeting Food Safety Standards

1. The basis for inspection and recognition of facilities meeting food safety standards includes Vietnamese Standards, Fisheries Industry Standards, and regulations of the Ministry of Fisheries on conditions for ensuring food safety, including the food safety management system, which must be applied to each type of facility.

2. The time frame and mandatory standards applicable to each type of facility mentioned in Clause 2, Article 1 shall be specified by the Ministry of Fisheries for each period according to Appendix 1 of this Regulation.

3. For processing and packaging facilities exporting aquatic products to countries with different requirements and standards from those stipulated in Vietnam, the inspection and recognition of food safety conditions will be based on the standards and regulations of the importing country recognized and permitted by the Ministry of Fisheries, or according to agreements between Vietnam and the importing countries.

Article 4. Food Safety Assurance Conditions Inspection Authority

1. The Food Safety Assurance Conditions Inspection Authority (hereinafter referred to as the Inspection Authority) consists of two levels: Central Inspection Authority and Local Inspection Authority (provincial level, centrally governed cities).

2. The Central Inspection Authority is the Quality and Aquatic Product Sanitation Testing Center, responsible for inspecting food safety assurance conditions for the types of facilities mentioned in Point a, Clause 2, Article 1 of this Regulation.

3. The Local Inspection Authority is the Aquatic Resource Protection Agency; in areas without such an agency, it shall be designated by the Department of Agriculture and Rural Development under the provincial government managing fisheries, upon approval by the Ministry of Fisheries, responsible for inspecting food safety assurance conditions for facilities mentioned in Point b, Clause 2, Article 1 of this Regulation.

Article 5. Forms of Inspection and Review

1. Initial inspection, applicable to:

a. Facilities that have not been inspected and recognized;

b. Facilities that have been recognized but have changed their production location.

2. Re-inspection, applicable to:

a. Facilities that have been inspected but do not meet the conditions for recognition;

b. Facilities that have been recognized but subsequently:

Reorganized or expanded production premises;

Changed major technological equipment;

Produced products outside the registered product group.

c. Facilities whose recognition has been suspended but have since corrected all errors.

1. Periodic inspection: carried out according to the plan of the Inspection Authority to monitor the maintenance of food safety assurance conditions at facilities.

2. Spot inspection: measures implemented by the Inspection Authority when necessary, without prior notice to the facility.

3. Review - a measure conducted by the Recognition Authority:

a. When the facility submits a complaint about the conclusion of the Inspection Authority;

b. In cases deemed necessary to meet management requirements.

Article 6. Recognition Authority

1. The Recognition Authority for facilities meeting food safety standards (hereinafter referred to as the Recognition Authority) consists of two levels: at the central level, the Ministry of Fisheries; at the provincial/city level, the Provincial Fisheries Department or the Provincial Department of Agriculture and Rural Development managing fisheries.

2. The Ministry of Fisheries recognizes facilities mentioned in Point a, Clause 2, Article 1 of this Regulation.

3. The Provincial Fisheries Department, Provincial Department of Agriculture and Rural Development managing fisheries recognize facilities at the local level mentioned in Point b, Clause 2, Article 1 of this Regulation.

Article 7. Forms of Recognizing Facilities Meeting Food Safety Standards

1. In accordance with the scope prescribed in Clause 1 or Clause 2 of Article 6, theRecognizing Authority shall issue a decision recognizing facilities meeting food safetystandards. Quarterly, it shall publish a list of such facilities.

2. In cases where an enterprise has two or more independent facilities (workshops), therecognition shall only be valid for the facility clearly specified in the list mentionedin Clause 1 of this Article.

3. Each recognized facility will be assigned a code number. The system of codes isprescribed by the Ministry of Fisheries and uniformly applied throughout the country,as stipulated in Appendix 2 of this Regulation.

Chapter 2

INSPECTION OF FOOD SAFETY STANDARDS

Article 8. Registration for Inspection

1. Facilities must register with the Inspection Authority according to the分级制度规定在第4条。

2.Initial inspection registration dossier: The facility submits two (2) sets of dossiers,each set including:

a.Inspection registration form;

b.Report on the conditions ensuring food safety of the facility

3.Re-inspection registration dossier: The facility submits two (2) sets of dossiers,each set including:

a.Re-inspection registration form;

b.Report on changes to the conditions ensuring food safety

4.Sample forms of inspection registration, re-inspection registration, outline reportson the conditions ensuring food safety of the facility, and outline reports on changesto the conditions ensuring food safety are prescribed by the Central InspectionAuthority and uniformly applied nationwide.

Article 9.Confirmation of Registration and Notification of Inspection

Upon receipt of the inspection registration dossier, the Inspection Authority shallbe responsible for:

1.Reviewing the dossier and guiding the facility to supplement missing contents;

2.Confirming receipt of the complete registration dossier;

3.Notifying the inspection date (which shall not be later than thirty days from thedate of receiving the complete registration dossier).

Article 10. Establishment of Inspection Teams/Review Teams

1.The head of the Inspection Authority issues a decision to establish an InspectionTeam for initial inspections, re-inspections, or follow-up inspections. Regularinspections are conducted according to the plan of the Inspection Authority and donot require a separate decision.

2.The head of the Recognizing Authority issues a decision to establish a Review Teamin the cases stipulated in Clause 5 of Article 5. Such decisions must specify:

a.The scope of inspection and responsibilities of the team;

b.The name of the facility to be inspected or reviewed;

c.The full name and position of the team leader and other members of the team.

4.Members of the inspection teams and review teams must be trained inspectors withthe capacity to inspect food safety standards in the fisheries sector.

Article 11. Content and Methods of Inspection

1.The content of the inspection must comply with the provisions in the standards forfood safety conditions, corresponding to each type of facility to be inspected (asprovided in Appendix 1 of this Regulation).

2.The methods of inspection, categories of items to be inspected, evaluation methodsfor the degree of non-compliance for each category, and classification criteria appliedto each type of facility are established by the Central Inspection Authority and issuedby the Ministry of Fisheries for uniform application throughout the country.

3.The inspection team must evaluate all inspection contents and categories asprescribed in Clause 2 of this Article; after the inspection, they must classify thedegree of compliance with food safety standards of the facility according to theclassification criteria:

a)Class A: Meets food safety standards;

b)Class B: Meets food safety standards but has some minor non-compliances that do notsignificantly affect the food safety of aquatic products;

c)Class C: Has some serious non-compliances that may affect the food safety ofproducts;

d)Class D: Has numerous severe non-compliances that cannot be corrected in a shorttime, and if production continues, it will seriously affect the food safety ofaquatic products.

Article 12. Frequency of Inspection

1. The frequency of regular inspections for the facilities specified below is as follows:

a) For the facilities mentioned in Point a, Clause 2, Article 1:

Type A facility:    06 months/per inspection

Type B facility:    03 months/per inspection

Type C facility:    01 month/per inspection

b) For the facilities mentioned in Point b, Clause 2, Article 1:

Type A facility:    12 months/per inspection

Type B facility:    06 months/per inspection

Type C facility:    03 months/per inspection

2. Facilities exporting to the EU market or other markets that require a higherfrequency of regular inspections than stipulated in Clause 1 shall comply with suchrequirements.

Article 13. Inspection Report

1. The model of the inspection report shall be established by the Central InspectionAgency for all types of facilities, submitted to the Fisheries Department for promulgationand uniform application.

2. The inspection report must:

a. Be recorded according to the prescribed format, fully and accurately reflectingthe inspection results, immediately at the facility after the inspection ends;

b. Clearly record the contents that need to be corrected for each non-compliantcategory and standard (if any);

c. Clearly state the overall assessment opinion of the Inspection Team, ranking thelevel of food safety assurance of the facility according to Clause 3, Article 11;

d. Have the signature of the head of the Inspection Team, the signature of therepresentative authorized by the facility, and the stamp of the inspected facility(if applicable);

e. Be prepared in 02 (two) copies: one copy retained by the Inspection Agency, one copydelivered to the facility; additional copies may be made if necessary.

3. If the representative of the facility disagrees with the conclusion of the InspectionTeam, they have the right to note their objections or complaints at the end of theinspection report before signing and affixing the confirmation stamp. The inspectionreport retains its legal validity even if the facility does not sign the report.

Chapter 3

RECOGNITION OF FACILITIES MEETING FOOD SAFETY STANDARDS

Article 14. Recognition

1. For initial inspections or re-inspections that achieve Type A or Type B as stipulatedin Clause 3, Article 11, within 15 (fifteen) days after the inspection, the InspectionAgency must submit the dossier to the Recognition Agency requesting recognitionof the facility meeting food safety standards.

2. The recognition request dossier includes:

a. The registration dossier for inspection of the facility as stated in Article 8;

b. The inspection report;

c. A document from the head of the Inspection Agency requesting recognition of thefacility meeting food safety standards.

3. Within 07 (seven) days after receiving the complete dossier, the Recognition Agencymust issue a recognition decision and assign a code number to the facility accordingto Article 7 of this Regulation. The decision shall be made in 04 (four) copies: sent tothe facility, the Inspection Agency, the agency issuing the business registrationcertificate for the facility, and retained in the file.

4. After recognition, the Recognition Agency transfers the recognition request dossier tothe same-level Inspection Agency for storage.

Article 15. Cases Not Meeting Conditions for Recognition

For initial inspections or re-inspections that do not meet food safety standards (TypeC and Type D), based on the inspection report, within 15 (fifteen) days after theinspection, the Inspection Agency and the Recognition Agency must apply thefollowing measures:

1. For Type C facilities:

a. The head of the Inspection Agency sends a notification of non-compliance withfood safety standards to the facility. The notification shall be made in 03 (three)copies: sent to the facility, the Recognition Agency (with a copy of the inspectionreport attached) and retained in the file.

b. Content of the Notification: Reason for classification as Type C;

Deadline for completing repairs of non-compliant categories;

Notification of enhanced supervision of food safety conditions.

2. For Type D facilities:

a. The Inspection Agency sends a document requesting non-recognition, along withthe dossier as stipulated in Article 14, Clause 2, Points a and b to the RecognitionAgency,

b. Immediately upon receipt of the complete dossier, the head of the RecognitionAgency reviews and sends a non-recognition notification. The notification shall bemade in 04 (four) copies, sent to: the facility, the Inspection Agency, the agencyissuing the business registration certificate for the facility, and retained in the file.

c. Content of the notification:

Reason for classification as Type D, clearly stating the number and severity oferrors;

Regulations on categories that need to be repaired;

Request the agency issuing the business registration certificate to notify the temporary suspension of the business registration certificate's effectiveness;

Request the State Quality Inspection Agency not to issue quality certificates forproducts produced by the facility starting from the date of the notification.

Article 16. For recognized facilities that have violations

1. For recognized facilities that fail to maintain good conditions for ensuring food safety and hygiene (VSATTP), and are classified as Category C upon inspection, measures shall be applied as prescribed in Clause 1, Article 15.

2. In the following cases, the Head of the Inspection Agency shall send a document along with complete files to the Recognition Agency, requesting a decision to revoke the previous recognition decision for:

a) Facilities classified as Category D;

b) Facilities classified as Category C for over 12 months without corrective measures;

c) Facilities with more than two batches of goods returned or cancelled by inspection agencies within and outside the country within six months;

d) Facilities that do not implement written recommendations of the Inspection Agency and seriously violate regulations on using identification codes.

3. The Head of the Recognition Agency shall consider issuing a decision to revoke the previous recognition decision for the facility. This decision shall be made in four copies and sent to the facility, the Inspection Agency, the agency issuing the business registration certificate for the facility, and kept on file.

Article 17. Re-recognition

1. After correcting errors, the facility mentioned in Article 16 shall reapply for inspection according to the procedures stipulated in Clause 4, Article 8 of this Regulation.

2. The Inspection Agency shall conduct the re-inspection according to the provisions of Chapter 2. If the facility is classified as Category A or B, the Inspection Agency shall submit a document requesting the Recognition Agency to issue a recognition decision for the facility according to the procedures stipulated in Clause 2, Article 14.

3. Based on reviewing the file and the recommendation of the Inspection Agency, the Head of the Recognition Agency shall issue a recognition decision for the facility according to the provisions of Clause 3, Article 14.

Chapter 4

RESPONSIBILITIES AND LIMITATIONS

Article 18. Responsibilities of the Facility

1. Fulfill all procedures and documents as prescribed in Article 8 of this Regulation;

2. Create favorable conditions for inspectors when working at the facility;

3. Maintain the recognized conditions for ensuring food safety and hygiene (VSATTP) continuously;

4. Strictly implement corrections of errors noted in the inspection report and notifications from the Inspection Agency and the Recognition Agency;

5. Pay inspection fees as prescribed.

Article 19. Responsibilities and Authorities of the Central Inspection Agency

1. Organize the implementation of inspections of conditions for ensuring food safety and hygiene (VSATTP) of facilities within the scope assigned in Clause 2, Article 4;

2. Develop and submit to the Ministry of Fisheries for approval the documents as prescribed in Clause 2, Article 11 of this Regulation, and update, amend, and supplement these documents for resubmission to the Ministry of Fisheries for approval when necessary;

3. Systematically retain all inspection files of facilities; provide complete and accurate information about inspection results when requested by the Recognition Agency at the same level;

4. Resolve complaints of facilities within the scope of authority assigned according to Chapter 6 of this Regulation;

5. Provide professional guidance to local Inspection Agencies, support and coordinate with local Inspection Agencies in managing food safety and hygiene (VSATTP);

6. Annually, before January 15 and July 15, compile comprehensive management activities of local inspection agencies and facilities under their jurisdiction, report in writing to the Ministry of Fisheries, and propose recommendations to improve these activities.

Article 20. Responsibilities and Authorities of Local Inspection Agencies

1. Carry out tasks specified in Clauses 1, 3, and 4 of Article 19 within the management scope assigned in Clause 3, Article 4;

2. Annually, before January 7 and July 7, submit a comprehensive written report to the Department of Fisheries (or the Department of Agriculture and Rural Development managing fisheries) and the Central Inspection Agency on the inspection results of conditions for ensuring food safety and hygiene (VSATTP) of facilities under their jurisdiction, and propose recommendations to improve these activities;

3. Coordinate with relevant management agencies in the area, organize guidance, education, and dissemination of knowledge and understanding about ensuring food safety and hygiene (VSATTP) to local residents, and urge and inspect compliance with regulations at facilities under their jurisdiction.

Article 21. Responsibilities and Authorities of Inspection Officers

1. Inspect, review, and evaluate the compliance of the current production and businessactivities of aquatic products with prescribed standards.

2. Take samples according to regulations to inspect food safety conditions at the facility.

3. Request access to examine records, documents, and files related to the food safetymanagement program for aquatic products, and be allowed to copy and record necessaryinformation.

4. Prepare minutes and seal samples for a necessary period if there is evidenceconfirming that the facility has violated this Regulation and other relevant stateprovisions on food safety assurance.

5. Report to the head of the Inspection Agency to handle cases exceeding the authorityalready defined.

6. Maintain confidentiality of information related to the production and business secrets ofthe inspected facility, and comply with all current legal provisions.

Article 22. Responsibilities of the Fisheries Department

1. Uniformly manage inspection work and certification of facilities meeting food safetystandards for aquatic product production and business nationwide.

2. Issue decisions to certify and revoke certification decisions for facilities meetingfood safety standards according to the provisions of this Regulation.

3. Approve organizations within the system of Central and Local Inspection Agencies.

4. Direct uniformly specialized activities; manage the operations of Central InspectionAgencies, Local Inspection Agencies, and Local Certification Agencies.

5. Announce periodically lists of certified facilities.

6. Coordinate with relevant Ministries, Sectors, and People's Committees of provincesand cities to guide, disseminate, and inspect compliance with food safety regulationsfor facilities within their management scope.

Article 23. Responsibilities of Provincial Fisheries Departments and Departments ofAgriculture and Rural Development with Aquatic Product Management

1. Direct, guide, and inspect the implementation of this Regulation within the assignedmanagement scope under Clause 3, Article 6.

2. Issue decisions to certify and revoke certification decisions according to theprovisions of this Regulation within the assigned management scope.

3. Guide, disseminate, and inspect compliance with regulations of the FisheriesDepartment and professional guidance from the Central Inspection Agency.

4. Establish material infrastructure and organize staff for Local Inspection Agencieswith sufficient capacity to inspect food safety conditions of aquatic productproduction and business facilities within the assigned scope.

5. Before January 15th and July 15th each year, report in writing to the FisheriesDepartment and the People's Committee of the province or city, the list of certifiedfacilities during the period; the situation of certification, inspection, supervision, andhandling of violations within the assigned scope.

6. Coordinate with local relevant sectors to inspect compliance with food safetyregulations for facilities within the management scope.

Chapter 5

INSPECTION FEES

Article 24. Inspection Fees

1. The Inspection Agency may collect inspection fees in the following cases: initialinspection, re-inspection, and periodic inspection. The fee levels and usage shallbe implemented according to the regulations and guidelines of the Ministry ofFinance.

2. Strictly prohibit the Certification Agency, Inspection Agency, and inspectionofficers from collecting any other fees contrary to regulations. 

CHAPTER 6

COMPLAINTS, SETTLEMENT OF COMPLAINTS AND PENALTIES

Article 25.Complaints and Resolution of Complaints

All activities related to complaints and the settlement of complaints regarding inspection activities and certification of implementation according to the provisions of the Law on Complaints and Allegations shall be guided by Decree No. 67/1999/NĐ-CP dated August 7, 1999 of the Government.

Article 26.Penalties

1. Any violation of this Regulation by the inspected entity, Inspection Authority, Certification Authority, and inspection officers and auditors will be subject to administrative penalties under Decree No. 57/CP dated May 31, 1997 of the Government concerning administrative penalties in the field of measurement and product quality.

2. Violations causing serious consequences or repeated dangerous offenses may be prosecuted criminally as provided by law.

 CHAPTER 7

FINAL PROVISIONS

Article 27. Amendment of the Regulation

1. This Regulation replaces the Regulation issued pursuant to Decision No. 01/2000/QĐ-BTS dated January 3, 2000. All previous regulations that conflict with this Regulation are hereby abolished.

2. Any additions or amendments to this Regulation shall be examined and decided upon in writing by the Minister of Fisheries.

ANNEX 1

List of standards for food safety conditions

be mandatorily applied for various types of aquatic product production and business establishments

No.

Type of establishment

Mandatory standards to apply

Deadline for mandatory application

1

Aquatic product freezing processing establishment

28 TCN 129 : 1998

28 TCN 130 : 1998

1/1/2001

2

Aquatic product canned processing establishment

28 TCN 129 : 1998

28 TCN 130 : 1998

28 TCN 137 : 1999

1/1/2001

3

Processing establishment for soft-bodied mollusks

28 TCN 129: 1998

28 TCN 130: 1998

28 TCN 136 : 1999

1/1/2001

4

Aquatic product ready-to-eat export and domestic consumption processing establishment

28 TCN 129 : 1998

28 TCN 130: 1998

28 TCN 138: 1999

1/1/2001

5

Aquatic product dried export processing establishment

28 TCN 129:1998

28 TCN 130: 1998

28 TCN 139: 2000

1/1/2001

6

Fishing vessel with engine power over 90 HP

28 TCN 135 : 1999

1/1/2001

ANNEX 2

Table 1. Coding system applicable to various types of aquatic product production and business establishments

No.

Type of establishment

Code Number

Remarks

1

Aquatic product freezing processing establishment

DL 000

applicable to establishments specified in Article 1, Clause 2, Point a of the Regulation. The code includes:

  • A two-letter group indicating the type of enterprise
  • A three-digit group indicating the sequence number of the enterprise

2

Industrial-scale dried goods processing establishment

HK 000

3

Export-oriented fish sauce processing establishment

NM 000

4

Canned goods processing establishment

DH 000

5

Fishing vessel with main engine power over 90 HP

As currently stipulated by the Ministry of Fisheries

applicable to establishments specified in Article 1, Clause 2, Point b of the Regulation. The code includes:

  • A two to three-letter group representing the name of the province or city, as currently stipulated by the Ministry of Fisheries (see Table 2 in the Appendix)
  • hyphen,
  • a three or four-digit group indicating the sequence number of the establishment
  • a two-letter group indicating the type of enterprise.

6

Raw material procurement and preliminary processing establishment

XXX/000 NL

7

Cultivation establishment

XXX/000 NT

8

Handcrafted fish sauce processing establishment

XXX/000 NM

9

Handcrafted dried goods processing establishment

XXX/000 HK

10

Wholesale raw material aquatic product market

XXX/000 CH

11

Industrial-scale fishing port

XXX/000 CA

 

 

 

 

 

 

 

 

 

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649/2000/QĐ-BTS
Decision No. 649/2000/QĐ-BTS Issuing the Regulation on Inspection and Recognition of Aquatic Product Production and Business Establishments Meeting Food Safety Standards, Replacing the Regulation Issued Pursuant to Decision No. 01/2000/QĐ-BTS dated January 3, 2000
Expired

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