Decree No. 77/2016/ND-CP Amending and Supplementing Certain Provisions on Conditions for Investment and Business Operations in the Field of International Trade in Goods, Chemicals, Industrial Explosives, Fertilizers, Gas Business, and Food under the Management of the Ministry of Industry and Trade

 DECREE

AMENDMENTS AND SUPPLEMENTS TO CERTAIN PROVISIONS ON CONDITIONS FOR BUSINESS INVESTMENT IN THE FIELD OF INTERNATIONAL COMMERCE OF GOODS, CHEMICALS, INDUSTRIAL EXPLOSIVES MATERIALS, FERTILIZERS, GAS BUSINESS, FOOD BUSINESS UNDER THE MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE

On the basis of Law on the Organization of the Government dated June 19, 2015;

On the basis of Commercial Law dated June 14, 2005;

On the basis of Law on Product Quality and Goods Quality dated November 21, 2007;

On the basis of Chemicals Law dated November 21, 2007;

On the basis of Food Safety Law dated June 17, 2010;

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

On the basis of Ordinance on Management and Use of Weapons, Explosives Materials, and Auxiliary Tools dated June 30, 2011 and Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Management and Use of Weapons, Explosives Materials, and Auxiliary Tools dated July 12, 2013;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree to amend and supplement certain provisions on conditions for business investment in the field of international commerce of goods, chemicals; industrial explosives materials, fertilizers, gas business, food business under the management of the Ministry of Industry and Trade.

PART I
FIELD OF INTERNATIONAL COMMERCE OF GOODS

Article 1. Supplement Clause 11 Article 9 of Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of Commercial Law on international trade activities and agency purchase, sale, processing, and transshipment of goods with foreign countries

"11. For export and import of minerals:

a) It must be a trader as defined by the Commercial Law;

b) Specifically, for export, import, temporary import for re-export, and transshipment of coal, the trader must also own or lease business premises, transportation means, loading and unloading equipment, warehouses, wharfs, weighing and measuring equipment for coal to serve business operations and meet all technical requirements, safety conditions, environmental hygiene, and fire prevention according to current regulations."

Article 2. Amend and supplement Clause 2 and Clause 3 of Article 11 of Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of Commercial Law on international trade activities and agency purchase, sale, processing, and transshipment of goods with foreign countries

"2. Except for goods prohibited from temporary import for re-export, temporarily suspended from temporary import for re-export, and goods specified in Clause 1 of this Article, enterprises only need to handle temporary import for re-export procedures at customs authorities without needing a Temporary Import for Re-export Permit. The Government assigns the Ministry of Industry and Trade to publish the List of goods prohibited from temporary import for re-export and temporarily suspended from temporary import for re-export as stipulated in this clause.

3. The following goods belong to the category of conditional temporary import for re-export:

a) Used goods;

b) Frozen food;

c) Goods subject to special consumption tax.

The Government assigns the Ministry of Industry and Trade to publish the List of goods subject to conditional temporary import for re-export as specified in this clause."

Article 3. Supplement Article 11a of Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of Commercial Law on international trade activities and agency purchase, sale, processing, and transshipment of goods with foreign countries

"Article 11a. Conditions for temporary import for re-export of frozen food

Enterprises engaged in temporary import for re-export of frozen food listed in the Directory issued by the Minister of Industry and Trade must meet the following conditions:

1. To deposit a guarantee amount of 10 billion Vietnamese dong at a credit institution in the province or city where the enterprise has warehouses and storage areas as stipulated in Clause 2 of this Article.

2. To have warehouses and storage areas serving temporary import for re-export of frozen food, specifically:

a) Warehouses and storage areas with a minimum capacity of 100 refrigerated containers of 40 feet, a minimum area of 1,500 square meters. Warehouses and storage areas must be separated from the outside by solid fences, built with a minimum height of 2.5 meters; have roads for container transport vehicles to enter and exit the warehouse and storage area; have gates and signs of the enterprise using the warehouse and storage area;²b) Warehouses and storage areas must have sufficient power supply (including grid electricity and backup generator with equivalent capacity) and specialized equipment to operate refrigerated containers according to the capacity of the warehouse and storage area;

c) Warehouses and storage areas must either be owned by the enterprise or leased by the enterprise; they must be located within the planned area for warehouses and storage areas serving temporary import for re-export of frozen food or within the area designated by the People's Committee of border provinces based on coordination with the General Customs Department, Border Guard Command, and the Ministry of Industry and Trade to build warehouses and storage areas for temporary import for re-export of frozen food;

d) Warehouses and storage areas declared by the enterprise to apply for a Certificate of Business Code for Temporary Import for Re-export of Goods shall not be fully or partially rented out to other enterprises for the purpose of applying for a Certificate of Business Code for Temporary Import for Re-export of Goods."

d) Warehouse or yard that a business has declared to apply for a Business Code Certificate for temporarily imported and re-exported goods shall not be wholly or partially leased to another business for use in applying for a Business Code Certificate for temporarily imported and re-exported goods.

Article 4. Supplement Article 11b of Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government detailing implementation Commercial Law on international trade activities and agency purchase, sale, processing, and transshipment of goods with foreign countries

“Article 11b. Conditions for temporarily importing and re-exporting goods subject to special consumption tax

A business temporarily importing and re-exporting goods subject to special consumption tax listed in the Catalogue issued by the Minister of Industry and Trade must deposit a guarantee amount of seven billion Vietnamese dong at a credit institution within the province or city where the business was granted the Business Registration Certificate or Enterprise Registration Certificate.

Article 5. Supplement Article 11c of Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government detailing implementation Commercial Law on international trade activities and agency purchase, sale, processing, and transshipment of goods with foreign countries

“Article 11c. Conditions for temporarily importing and re-exporting used goods

A business temporarily importing and re-exporting used goods must deposit a guarantee amount of seven billion Vietnamese dong at a credit institution within the province or city where the business was granted the Business Registration Certificate or Enterprise Registration Certificate.

Article 6. Supplement Article 11d of Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government detailing implementation Commercial Law on international trade activities and agency purchase, sale, processing, and transshipment of goods with foreign countries

“Article 11d. Issuance of Temporary Import-Reexport Business Code Certificate

1. The Ministry of Industry and Trade shall issue the Temporary Import-Reexport Business Code Certificate (hereinafter referred to as the Temporary Import-Reexport Code) when the enterprise meets all conditions stipulated in Article 11a, Article 11b, or Article 11c of this Decree.

2. The Temporary Import-Reexport Code prescribed in this Article is a separate code for each group of goods. An enterprise that is granted the Temporary Import-Reexport Code for a particular group of goods shall be allowed to temporarily import and re-export goods within the scope of that group of goods.

3. In cases where foreign goods are sent to bonded warehouses for export or re-export through border provinces, only enterprises with the Temporary Import-Reexport Code for that group of goods may be named on the customs declaration form for the entry and exit from bonded warehouses for export or re-export. Goods stored in bonded warehouses shall comply with the regulations of the Customs Law.

4. Businesses engaging in temporary importation, re-exportation, and storage in bonded warehouses of goods as specified in Articles 11a, 11b, and 11c of this Decree, where the businesses do not carry out exportation or re-exportation through northern border gates, shall not be considered as conditional temporary import-reexport businesses and shall not be required to have a Temporary Import-Reexport Code. In cases where necessary to meet management requirements, the Ministry of Industry and Trade shall report to the Prime Minister to apply the regulation on issuing Temporary Import-Reexport Codes for businesses carrying out temporary importation, re-exportation, and storage in bonded warehouses for export or re-export through border gates outside the northern region.

Article 7. Supplement Article 28a of Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government detailing implementation Commercial Law on international trade activities and agency purchase, sale, processing, and transshipment of goods with foreign countries

“Article 28a. Conditions for issuing permits for producing and processing military uniforms for foreign armed forces for export

The Ministry of Industry and Trade shall issue permits for producing and processing military uniforms for export to foreign armed forces after receiving written confirmation from the Ministry of Public Security or the Ministry of Defense based on the following conditions:

1. There must be a sales contract, production contract, or processing contract signed between the party placing the order for production or processing and the agency responsible for procurement and logistical support for foreign armed forces, or confirmation regarding the final unit, agency, or organization using the military uniforms produced or processed in Vietnam.

2. For exports to the United States, when submitting the initial application for a permit, there must be a document granting the Manufacturer Identification Number (MID) for textile and garment products exported to the United States, which has been issued by the Ministry of Industry and Trade.

Chapter II
FIELD OF CHEMICALS

Article 8. Supplement Article 12a of Decree No. 108/2008/ND-CP dated October 7, 2008, guiding detailed implementation of certain provisions of the Law on Chemicals. Chemical Law

“Article 12a. Conditions for producing and trading industrial precursors

1. Conditions for producing industrial precursors

Organizations and individuals producing industrial precursors must meet the production conditions for chemicals in the industrial sector as prescribed in Clause 4, Article 1 of Decree No. 26/2011/ND-CP dated April 8, 2011, amending and supplementing certain articles of Decree No. 108/2008/ND-CP dated October 7, 2008, guiding detailed implementation of certain provisions of the Law on Chemicals.

2. Conditions for trading industrial precursors

Organizations and individuals trading industrial precursors must meet the business conditions for chemicals in the industrial sector as prescribed in Clause 4, Article 1 of Decree No. 26/2011/ND-CP and the following conditions:

a) Possess a Business Registration Certificate, Investment License, Business Registration Certificate, or Business Household Registration Certificate;

b) Personnel directly handling precursors at the business premises, including managers, salespersons, delivery personnel, and warehouse keepers, must have been trained in chemical safety as prescribed in Clause 5, Article 1 of Decree No. 26/2011/ND-CP;

c) The business location and display area must ensure the quality of industrial precursors according to the laws on product and commodity quality. Storage areas and warehouses for storing precursors must meet technical safety requirements and have necessary warnings posted at storage locations according to the Law on Chemicals;

d) The business premises for trading industrial precursors must comply with fire prevention and environmental protection regulations as stipulated by law;

đ) Industrial precursors must be fully labeled according to the law. Purchase and sale documents for precursors must clearly indicate the source of production, importation, or supply. Organizations and individuals importing precursors from abroad into Vietnam must possess relevant documents related to the purchase and sale of precursors such as contracts, sales agreements, memorandums, commercial invoices;

e) Must have a Chemical Control Purchase and Sale Form confirmed by both the buyer and seller according to the Law on Chemicals for industrial precursors which are Sulfuric Acid and Hydrochloric Acid.”

Article 9. Amending and supplementing Points c, d, đ, h, i of Clause 1 of Article 15 of Decree No. 38/2014/ND-CP dated May 6, 2014, of the Government on the management of chemicals under the control of the Convention on the Prohibition of the Development, Production, Stockpiling, Acquisition, Transfer, and Use of Chemical Weapons and on their Destruction dated May 6, 2014 of the Government on the management of chemicals under the control of the Convention on the Prohibition of Development, Production, Stockpiling, Acquisition and Retention of Chemical Weapons and on Their Destruction

“Article 15. Conditions for producing chemicals listed in Table 1

1. Organizations and individuals are not permitted to produce chemicals listed in Table 1, except in special cases for scientific research purposes, national defense, security, and disease prevention, in which case the production of chemicals listed in Table 1 must meet the following conditions:

c) The location, area, factory buildings, machinery, equipment, technological process, and storage facilities must be suitable for producing chemicals listed in Table 1 to meet quality standards.

The production line for chemicals must ensure the quality of the chemicals. Machinery and equipment for producing chemicals listed in Table 1 must have a clear and legal origin. Machinery and equipment with strict safety requirements and measuring instruments must be calibrated and adjusted according to current regulations on the inspection of machinery and equipment, meeting production capacity and production technology processes;

Storage facilities or rented storage facilities must be appropriate and meet the technological requirements for chemical preservation, ensuring compliance with fire prevention and explosion control regulations. Chemical storage facilities must have a safety chemical internal regulation board, danger signs hung in visible places, and a warning system suitable for the level of danger and reflecting all hazardous characteristics of the chemicals;

Stored chemicals must be labeled according to current laws on labeling. Labels for chemicals listed in Table 1 must ensure mechanical and chemical durability throughout the life of the chemicals.

d) Must have a testing and analysis laboratory to manage quality. The testing laboratory of the chemical production facility must be capable of analyzing quality indicators specified in national technical standards for finished products and quality indicators specified in applicable standards for raw materials to control product quality;

In cases where there is no testing laboratory or insufficient testing capabilities as required, a service contract must be made with a testing organization that has been registered for testing activities according to the laws on product and commodity quality and designated for chemical quality control.

đ) Must have a waste gas and chemical waste treatment system complying with environmental laws and meeting current national technical standards for industrial emissions, hazardous waste thresholds, and solid waste;

h) The Director or Deputy Technical Director of the chemical production facility must have a bachelor's degree or higher in chemistry; management, technical, and operational staff of the chemical production facility must have a bachelor's degree in chemistry or a certificate proving expertise in chemistry;

i) Directly involved workers in chemical production facilities must be trained and instructed in chemical safety and must be issued a Technical Safety Training Certificate by the competent authority.”

Chapter III
INDUSTRIAL EXPLOSIVE MATERIALS SECTOR

Article 10. Amending and supplementing Point a, b, c Clause 3 Article 11 Decree No. 76/2014/NĐ-CP dated July 29, 2014 of the Government detailing some provisions of the Ordinance amending and supplementing some articles of the Ordinance on management and use of weapons, explosives, and auxiliary equipment

“3. Requirements for material and technical facilities:

a) The storage warehouse location, port, place of receiving and unloading explosive precursors must ensure conditions for security and public order; have safety equipment to prevent fire and explosion and meet the requirements for preventing fire and explosion according to the Law on Fire Prevention and Fighting; ensure safe distances from protected objects according to current standards and regulations, laws on chemicals, and related provisions. Organizations conducting high-nitrate ammonium business (98.5% or more) must have a Certificate of Conditions for Security and Public Order issued by the competent authority;

b) Containers and equipment for storing and keeping explosive precursors must ensure quality and environmental hygiene, not leak or absorb water, must be cleaned and dried before storing explosive precursors; transportation means for explosive precursors must comply with legal regulations on transporting dangerous goods;

c) Storage warehouses for explosive precursors owned (or leased under a contract) must meet the conditions for preserving quality during business operations.”

Article 11. Amending and supplementing Clause 4 Article 11 Decree No. 76/2014/NĐ-CP dated July 29, 2014 of the Government detailing some provisions of the Ordinance amending and supplementing some articles of the Ordinance on management and use of weapons, explosives, and auxiliary equipment

“4. Requirements for ensuring chemical safety

a) Have preventive and response measures for chemical accidents confirmed by the competent authority or a preventive and response plan for chemical accidents approved by the competent authority according to the Law on Chemicals;

b) Have a Safety Data Sheet for explosive precursors in Vietnamese issued by the organization conducting business and kept at the location where explosive precursors are stored;

c) Have internal rules on chemical safety and warning systems appropriate to the level of danger of chemicals in the area of storage and preservation of explosive precursors. In cases where explosive precursors have multiple hazardous characteristics, warning symbols must fully reflect all such hazardous characteristics;

d) Do not store explosive precursors outdoors; do not store them together with flammable materials, reducing agents, and chemicals or materials that generate heat when absorbing moisture.”

Article 12. Amending and supplementing Clause 6 Article 17 Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives

“Article 17. Conditions for producing industrial explosives

6. Managers, workers, and service personnel related to the production of industrial explosives must meet the requirements for security and public order; have corresponding professional qualifications for their positions and responsibilities, and be trained in technical safety, fire prevention, firefighting, and emergency response in activities related to the production of industrial explosives, specifically:

a) Persons directly involved in industrial explosive activities must meet the following conditions:

- Hold valid personal identification documents and not be prohibited from participating in industrial explosive activities according to Clause 5 Article 5 of Decree No. 39/2009/NĐ-CP;

- Have corresponding professional qualifications for assigned tasks and must be trained in technical safety for industrial explosive activities according to Article 29 of Decree No. 39/2009/NĐ-CP and Technical Regulations QCVN 01:2012/BCT, QCVN 02:2008/BCT for industrial explosive activities; TCVN 5507:2002 and related standards and regulations for explosive precursors, and obtain a Technical Safety Certificate for Industrial Explosives from the competent authority;

- Meet health requirements for each profession according to current labor laws;

- Workers directly involved in the production of industrial explosives and explosive precursors must be trained and hold relevant professional certificates suitable for their positions and responsibilities.

b) Foreigners working in industrial explosive activities in Vietnamese enterprises, in addition to meeting the conditions set out in Point a Clause 6 of this Article, must also obtain a Work Permit from the competent labor authority; be trained in knowledge of laws on industrial explosives and related Vietnamese legal regulations;

c) Leaders of organizations, managers of departments, and workers directly involved in industrial explosive activities and explosive precursors in enterprises under the Ministry of National Defense must be trained and certified by the Ministry of National Defense or agencies entrusted by the Ministry of National Defense to manage industrial explosives. Training content follows the requirements set out in Point a Clause 6 of this Article.

The Director must have a bachelor's degree; the Deputy Director for Technology and managers of departments directly involved in the production of industrial explosives must have a bachelor's degree in one of the following majors: Chemicals, ammunition, pyrotechnic technology, explosives; mining, geology; construction of transportation and hydraulic works.”

Article 13. Supplement Article 20a of Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives

“Article 20a. Conditions for exporting and importing industrial explosives

1. Conditions for importing industrial explosives

a) Being permitted to operate in industrial explosives;

b) Having a Purchase Contract for industrial explosives with a foreign enterprise and a Sale Contract for industrial explosives with a domestic enterprise.

2. Conditions for exporting industrial explosives

a) Being permitted to operate in industrial explosives;

b) Having a Sale Contract for industrial explosives with a foreign enterprise and a Purchase Contract for industrial explosives with a domestic enterprise;

c) In the case of re-exporting industrial explosives of foreign oil and gas enterprises - having a Purchase Contract for industrial explosives from a foreign enterprise and a Sale Contract for industrial explosives to another foreign enterprise.”

Article 14. Amending and supplementing Clause 2, 3, 4 of Article 21 of Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives

“Article 21. Conditions for using industrial explosives

2. Engaging in mineral exploration, exploitation, oil and gas activities, or construction projects, research, and testing that require the use of industrial explosives. The location where industrial explosives are used must ensure security conditions, maintain safe distances from protected structures and objects according to current technical standards and related regulations. The organization using industrial explosives must have:

a) A Permit for Mineral Exploration and Exploitation for enterprises engaged in mineral activities; A Permit for Oil and Gas Exploration and Exploitation for enterprises engaged in oil and gas activities; A Decision on Winning the Bid for Construction Projects, a Contract for Undertaking Construction Projects, or a Written Authorization or Assignment Document for Implementing Construction Project Contracts issued by the enterprise management organization;

b) Design plans for construction project components and mining operations using industrial explosives for industrial-scale projects; construction and exploitation plans for manual construction, mine clearance, and explosive disposal activities. The design or plan approved by the investor must meet safety requirements according to QCVN 04:2009/BCT, QCVN 05:2012/BLĐTBXH, QCVN 01:2011/BCT, QCVN 18:2014/BXD, and relevant construction standards and regulations;

c) Blasting plans in accordance with the guidelines of the Minister of Industry and Trade.

3. Having storage facilities, technology, equipment, means, and tools serving the use of industrial explosives that meet the requirements of current technical standards and provisions in Section 6 of this Decree; in cases where there is no storage facility or transportation means, a written lease contract with organizations permitted to store and transport industrial explosives or a notarized copy of the principle contract with organizations permitted to trade in industrial explosives to supply industrial explosives to the project site according to the blasting passport must be provided.

4. Management leaders, blasting commanders, blasters, and personnel related to the use of industrial explosives must meet security and order requirements; they must have professional qualifications commensurate with their positions and responsibilities, and be trained in safety techniques, fire prevention and extinguishing, and emergency response in activities related to the use of industrial explosives. Organizations using industrial explosives must have: A Decision appointing the Blasting Commander by the enterprise leadership and a List of Blasters and personnel directly involved in the use of industrial explosives; Work Permits for foreigners working in activities related to the use of industrial explosives (if applicable).

The Blasting Commander must be appointed by a decision signed by the leadership of the organization using industrial explosives and must meet the following conditions: Graduating from a college level or higher in one of the fields of mining, geology; transportation and hydraulic engineering construction; weapons, ammunition, propellant, and explosive technology, and having at least one year of work experience in the field of using industrial explosives for bachelor's and associate's degree levels, and two years for technical college level; in cases where graduates are from other technical fields at college level or higher, the Blasting Commander must have at least two years of work experience in the field of using industrial explosives for bachelor's and associate's degree levels, three years for technical college level, and must supplement knowledge about blasting technology and safety regulations and standards in mineral exploration, oil and gas exploitation, or construction projects corresponding to the field using industrial explosives.

Blasters or workers directly involved in industrial explosives-related work must be trained and have professional qualifications suitable for their positions and responsibilities, meeting the requirements set out in Appendix C, QCVN 02:2008/BCT.”

Article 15. Amending and supplementing Clause 2 of Article 26 of Decree No. 39/2009/NĐ-CP “2. Meeting the conditions stipulated in this Decree regarding the use, storage, and transportation of industrial explosives. The minimum infrastructure, technology, and human resources must be sufficient to provide services for five organizations renting such services. dated April 23, 2009 of the Government on industrial explosives

There must be a written request for an Explosives Service Permit from the People's Committee of the province for the blasting service form specified in point a, Clause 1, Article 25 of this Decree.”

FIELD OF FERTILIZERS

Chapter IV
Article 16. Amending and supplementing point a of Clause 3 of Article 8

and adding Article 8a of Decree No. 202/2013/NĐ-CP dated November 27, 2013 of the Government on fertilizer management 1. Amending and supplementing point a of Clause 3 of Article 8 Article 8. Conditions for producing fertilizers 3. Requirements for manpower

a) Having at least one technical staff member with a university degree or higher in one of the following fields: Chemistry, physics, biology, agriculture, crop production, plant science, soil chemistry.”

“2. Adding Article 8a

Article 8a. Conditions for producing inorganic fertilizers

The conditions for producing inorganic fertilizers as stipulated in points a, b, c, and d of Clause 2 of Article 8 shall be implemented as follows:

1. The production line must be mechanized and ensure the quality of the produced fertilizer. Machinery and equipment for producing fertilizers must have a clear and legal origin. Machinery and equipment with strict safety requirements and measuring instruments must be inspected, calibrated, and adjusted according to regulations.

“2. The production technology process for each type of fertilizer must be suitable for the machinery and equipment and production capacity.

3. The testing laboratory of the fertilizer production facility must be capable of analyzing the quality indicators prescribed in the national technical regulation for the final product and the quality indicators prescribed in the applicable standards for raw materials to control product quality.

An inorganic fertilizer production facility without a testing laboratory or with a testing laboratory that cannot test all the quality indicators prescribed in the national technical regulation must have a contract with a designated or recognized testing laboratory to control the quality of the produced fertilizer.

4. Organizations or individuals hiring other organizations or individuals to produce inorganic fertilizers must have a written contract and meet the subject conditions as prescribed in Clause 1 of Article 8 of Decree No. 202/2013/NĐ-CP. The organization or individual accepting the contract to produce inorganic fertilizers must meet the subject conditions as prescribed in Clause 1 of Article 8 of Decree No. 202/2013/NĐ-CP and the requirements for infrastructure and technical facilities, technical documentation as prescribed in Clauses 1, 2, and 3 of this article. Organizations or individuals hiring other organizations or individuals to produce inorganic fertilizers must submit an application for a Fertilizer Production Permit according to the regulations of the Ministry of Industry and Trade.”

Article 17. Adding Article 8b of Decree No. 202/2013/NĐ-CP dated November 27, 2013 of the Government on fertilizer management

Article 8b. Conditions for producing organic fertilizers and other fertilizers

The conditions for producing organic fertilizers and other fertilizers as stipulated in points a, b, c, and d of Clause 2 of Article 8 shall be regulated in the national technical regulation on conditions for producing organic fertilizers and other fertilizers. During the period when the national technical regulation has not been issued, the following provisions shall apply:

1. Production capacity

“The production capacity of fertilizers must be appropriate for the production line, machinery, equipment, and production technology process.

2. Area for production

a) Having or leasing workshops, warehouses/basements for raw materials, finished product warehouses with areas appropriate to the production capacity;

b) Having or leasing land area meeting internal traffic requirements, office buildings, testing laboratories, or other requirements as prescribed by law.

3. Finished product warehouse and raw material warehouse

a) Having a warehouse or a contract to lease a warehouse appropriate to the production capacity or production plan;

b) The warehouse must have a roof, sturdy walls, waterproof floor, and preservation equipment, except for the raw material warehouse for organic fertilizers;

c) Having warehouse rules ensuring product quality and labor safety.

4. Production machinery and equipment

a) Having a production line, machinery, and equipment from raw material processing to the final product that meets the production capacity and production technology process. Compulsory stages and systems that must use mechanized or automated machinery and equipment: Raw material handling, mixing, root fertilizer production; crushing and screening for solid and powder fertilizers; stirring, filtering for liquid fertilizers; conveying system; drying and granulation system for granular and pellet fertilizers or drying system when required for powder fertilizers; weighing and packaging system;

b) In cases where self-produced strains are used to produce microbial organic fertilizers or microbial fertilizers, the equipment for creating and cultivating microorganisms includes: Precision scales, shaker machines, autoclaves, incubators, dryers, shaking flasks, microwave ovens, microbiological culture cabinets, refrigerators, fermentation tanks or equipment for microbial fertilizer production;

c) In cases where self-fermentation is used to produce biological organic fertilizers or biological fertilizers, there must be a complete fermentation system from raw materials to the final product.

6. Production technology process

Having a production technology process for each type of fertilizer that is suitable for the machinery and equipment and production capacity.

7. Quality management

Having a certificate of a quality management system according to standard TCVN ISO 9001:2008 or equivalent; for newly established facilities, the latest deadline is one year from the date of establishment.

8. Raw materials and additives for fertilizer production

a) Having a declaration of raw materials and additives corresponding to each type of fertilizer produced, suitable for the production technology;

b) Having a clear origin of raw materials and additives.

9. Testing laboratory

a) Having a testing laboratory capable of analyzing quality indicators according to published standards and national technical regulations, or having a contract with a designated or recognized testing laboratory to control the quality of each batch of produced fertilizers.

b) Having clear origin regarding raw materials and additives.

9. Testing Laboratory

a) Having a testing laboratory capable of analyzing quality indicators according to published standards and corresponding national technical regulations, or having a contract with a designated or accredited testing laboratory to control the quality of each batch of fertilizer produced.

b) In case there is a laboratory for self-testing, the measuring equipment must have a regular calibration certificate in accordance with the regulations.”

Article 18. Amendment Clause 8 of Article 15 of Decree No. 202/2013/NĐ-CP 3. Requirements for manpower

“Article 15. Conditions for fertilizer business

8. In cases where organizations or individuals engage in both inorganic fertilizer and organic fertilizer businesses, they must comply with the business conditions stipulated in this Article and Articles 15a and 15b.”

Article 19. Supplementing Article 15a of Decree No. 202/2013/NĐ-CP dated November 27, 2013 of the Government on fertilizer management

“Article 15a. Conditions for inorganic fertilizer business

The conditions for inorganic fertilizer business specified in Clauses 2, 3, 4, and 5 of Article 15 shall be implemented as follows:

1. The store or business location where inorganic fertilizers are displayed for sale must have a signboard, a publicly displayed price list for each type of fertilizer, clearly posted in visible and readable locations. Fertilizers must be arranged separately from other goods, stored in dry places to ensure their quality and environmental hygiene.

2. Packaging, containers, storage facilities, and transportation equipment must ensure the quality of fertilizers, maintain environmental hygiene, prevent leakage and dispersion that could affect the surrounding environment. Measures must be taken to handle packaging, bottles, and expired fertilizers.

3. Warehouses must meet requirements regarding location, design suitable for the fertilizers being sold, environmental protection, and fire prevention. In warehouses, fertilizers must be arranged separately from other goods.

4. Imported fertilizers must have labels and certificates of origin as required by law, and notify the results of state inspections for imported fertilizer quality before circulation. Domestic fertilizers must have legal invoices and documents proving their production, import, or supply sources.

5. For retail stores selling inorganic fertilizers without warehouses, storage containers and equipment must ensure the quality of fertilizers and environmental hygiene, and fire prevention.”

Article 20. Supplementing Article 15b of Decree No. 202/2013/NĐ-CP dated November 27, 2013 of the Government on fertilizer management

“Article 15b. Conditions for organic fertilizer and other fertilizer businesses

The provisions in Clauses 2, 3, 4, and 5 of Article 15 concerning the conditions for organic fertilizer and other fertilizer businesses shall be implemented as follows:

1. The store or business location where organic fertilizers and other fertilizers are displayed for sale must have a signboard, a publicly displayed price list clearly posted in visible and readable locations. Organic fertilizers and other fertilizers must be arranged separately from other goods, stored in dry places to ensure their quality and environmental hygiene.

2. Packaging, containers, storage facilities, and transportation equipment must ensure the quality of fertilizers, prevent leakage and dispersion that could affect the surrounding environment. Measures must be taken to handle packaging, bottles, and expired organic fertilizers and other fertilizers.

3. There must be warehouses or rental contracts for finished organic fertilizers and other fertilizers that meet requirements regarding location, design suitable for the fertilizers being sold, environmental protection, and fire prevention; in warehouses, organic fertilizers and other fertilizers must be arranged separately from other goods, protected from direct exposure to rain, sun, and wind, ensuring environmental hygiene, preventing leakage, and odor pollution of nearby areas.

4. For retail stores selling organic fertilizers and other fertilizers without warehouses, storage containers and equipment must ensure the quality and environmental hygiene.

5. There must be legal invoices and documents proving the production, import, or supply sources for each type of organic fertilizer and other fertilizer.”

Article 21. Supplement Clause 1a of Article 20 of Decree No. 202/2013/NĐ-CP dated November 27, 2013 of the Government on fertilizer management

“Article 20. Fertilizer testing

1a. Organizations and individuals meeting all of the following conditions may conduct fertilizer testing:

a) For fertilizer testing facilities: Having functions and tasks related to fertilizer testing or research as stipulated in the establishment decision issued by the competent authority; regarding human resources: Having at least three technical staff members who are permanent employees or have contracts of one year or more, with a bachelor's degree or higher in one of the following majors: Soil chemistry, agronomy, crop production, or related fields such as: Chemistry, biology, environment, and having at least two years of experience working in the field of fertilizer testing or research;

b) For fertilizer production or import facilities conducting their own testing: Holding a Fertilizer Production Permit (for fertilizer production facilities) or a Business Registration Certificate, Investment Certificate, or Business Registration Certificate (for specialized fertilizer import facilities for business purposes); regarding human resources: in accordance with point a of this clause.”

Chapter V
FIELD OF GAS BUSINESS

Article 22. Supplement Article 18a of Decree No. 19/2016/NĐ-CP dated March 22, 2016 of the Government on gas business

“Article 18a. Conditions for Issuing a Certificate of Adequate Conditions for LPG Cylinder Testing

1. LPG cylinder testing stations that meet the following conditions shall be issued a Certificate of Adequate Conditions for LPG Cylinder Testing:

a) Having legal personality;

b) Having complete safety regulations and LPG cylinder testing procedures approved by leadership in accordance with regulations;

c) Having all necessary equipment to serve testing work, specifically:

- Equipment for recovering residual LPG in cylinders;

- Equipment for measuring metal thickness and ultrasonic welding inspection;

- Equipment for installing and removing cylinder valves;

- Equipment for pressure and leak testing;

- Equipment for water removal;

- Internal inspection equipment;

- Surface cleaning equipment;

- Scales;

- Marking equipment;

- Vacuum equipment.

All of the above equipment must have technical specifications and capacities suitable for the station's testing capacity.

d) Having sufficient personnel to serve testing work: Direct testers must be trained and certified in professional and safety knowledge for cylinder testing and have at least two years of work experience;

đ) Must have complete fire prevention and firefighting plans approved, and firefighting equipment as required.

2. The Ministry of Industry and Trade is the agency issuing Certificates of Adequate Conditions for LPG Cylinder Testing”

Article 23. Supplement Article 18b of Decree No. 19/2016/NĐ-CP dated March 22, 2016 of the Government on gas business

“Article 18b. Issuance of Certificates of Adequate Conditions for LPG Cylinder Production and Repair

1. LPG cylinder production and repair facilities shall be issued Certificates of Adequate Conditions for LPG Cylinder Production and Repair when they meet the following requirements:

a) Having legal personality;

b) Having complete safety regulations and LPG cylinder manufacturing processes and post-manufacturing quality control procedures approved by facility leadership;

c) Having testing equipment that meets the requirements for safety and quality control of post-manufactured LPG cylinders, specifically:

- Pressure testing system: Capable of generating a pressure not less than 3 MPa;

- Leak testing system;

- Non-destructive testing equipment: Weld quality testing equipment, ultrasonic thickness measurement equipment;

- Material composition and mechanical property testing equipment for cylinder manufacture;

- Weight measurement equipment;

- Torque measurement equipment.

d) Having sufficient personnel to operate testing equipment and welders meeting the following requirements:

- Technical staff operating testing equipment must be trained in professional skills and safety techniques as prescribed;

- LPG cylinder welders must hold a pressure vessel welding certificate as prescribed.

đ) Must have complete fire prevention and firefighting plans approved, and firefighting equipment as required.

2. The Ministry of Industry and Trade is the agency issuing Certificates of Adequate Conditions for LPG Cylinder Production and Repair.”

Chapter VI
FIELD OF FOOD BUSINESS UNDER THE SPECIALIZED MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE

Section 1

GENERAL PROVISIONS

Article 24. Conditions for investment and business activities in the field of food safety under the management responsibility of the Ministry of Industry and Trade

1. Production and business establishments of food products that must be issued a Food Safety Assurance Certificate under the management responsibility of the Ministry of Industry and Trade shall meet the following conditions:

a) Possess a Business Registration Certificate, a Business Household Registration Certificate, or other legal documents with equivalent validity;

b) Meet the food safety assurance conditions appropriate to each type of production and business activity according to Sections 2, 3, 4, 5, 6, and 7 of Chapter VI of this Decree.

2. Production and business establishments of food products not required to obtain a Food Safety Assurance Certificate as stipulated in Clause 1 of Article 12 of Decree No. 38/2012/NĐ-CP under the management responsibility of the Ministry of Industry and Trade shall meet the following conditions:

a) Meet the food safety assurance conditions appropriate to each type of production and business activity according to Section 8 of Chapter VI of this Decree;

b) Sign a commitment with the competent authority designated by the provincial People's Committee for food safety management on the local territory.

Article 25. Conditions for Designating Testing and Verification Establishments for Food Safety under the State Management Responsibility of the Ministry of Industry and Trade

1. Conditions for Designating Food Testing Establishments:

a) Established in accordance with the law or assigned tasks by the competent authority;

b) Quality management system meets the National Standard TCVN ISO/IEC 17025:2007 or International Standard ISO/IEC 17025:2005;

c) Equipment and infrastructure meet the requirements of testing methods;

d) Have at least two test technicians who are technical staff with a bachelor’s degree trained in food testing in the same field;

đ) Testing methods are updated and their usability confirmed;

e) The indicators/tests must comply with regulations or technical standards corresponding to relevant requirements as stipulated by the sectoral management agency.

2. Conditions for Designating Food Verification Testing Establishments:

a) Already designated by the Ministry of Industry and Trade in accordance with Clause 1 of this Article;

b) The quality management system must be recognized as compliant with the National Standard TCVN ISO/IEC 17025:2007 or International Standard ISO/IEC 17025:2005 and remain valid for at least one year from the date of submitting the application for designation;

c) Proficiency testing or inter-laboratory comparison results for registered verification testing indicators/tests must meet the requirements.

Section 2

GENERAL CONDITIONS FOR ENSURING FOOD SAFETY FOR FOOD PRODUCTION ESTABLISHMENTS

Article 26. Conditions for Production Establishments

1. Location and Environment:

a) Have sufficient area to arrange food production zones, auxiliary areas, and facilitate production, storage, and transportation of food;

b) Food production and storage zones shall not be flooded or waterlogged;

c) Not affected by animals, insects, harmful microorganisms;

d) Not affected by contaminants such as dust, toxic chemicals, and other pollution sources that may impact food safety.

2. Factory Layout and Arrangement:

a) Production factory and auxiliary areas must have sufficient space to accommodate food production equipment and be consistent with the design function of the establishment;

b) The food production process must be arranged in a unidirectional flow from raw materials to final products;

c) Raw material storage, finished product storage, food processing, packaging, cleaning, personal protective equipment changing, and related auxiliary areas must be designed separately. Raw materials, finished products, food packaging materials, and waste must be stored separately;

d) Internal roads must be constructed to ensure hygiene; sewage drainage channels must be covered and maintained hygienically;

đ) Waste collection and disposal sites must be located outside the production factory area and maintained hygienically.

3. Factory Structure:

a) The factory must have a sturdy structure suitable for the nature, scale, and food production technology;

b) Materials directly contacting food must ensure a smooth surface, non-porous, free from harmful substance leaching into food, resistant to wear from cleaning and disinfecting agents, and easy to clean and disinfect;

c) Walls must be flat, light-colored, waterproof, crack-free, free from dirt adhesion, and easy to clean; ceilings must be flat, light-colored, leak-proof, crack-free, free from dirt adhesion, and easy to clean;

d) Floors must be flat, smooth, load-bearing, slip-resistant, well-drained, waterproof, and easy to clean;

đ) Doors and windows must be smooth, water-resistant, sealed, flat, easy to clean, and prevent insect and animal intrusion;

e) Stairs, thresholds, and shelves must be non-slip, easy to clean, and positioned appropriately for the production process.

4. Ventilation System:

a) Ensure ventilation for all areas of the establishment and be suitable for the type of food production; easy to maintain and clean;

b) The direction of the ventilation system must ensure that air does not blow from contaminated areas to clean areas.

5. Lighting System:

a) Ensure compliance with regulations to meet production, quality control, and product safety requirements;

b) Light bulbs must be safely shielded by boxes or grids to prevent breakage and ensure fragments do not fall into food.

6. Water Supply System:

a) Ensure sufficient clean water for food production and comply with drinking water quality regulations;

b) Ensure sufficient clean water for equipment and facility cleaning and comply with potable water quality regulations;

c) Water sources exploited, treated, and used by the establishment must be tested and ensured to comply with quality and hygiene regulations at least every six months.

7. Steam and Compressed Air:

a) Steam and compressed air used for food production must be clean, safe, and not cause contamination to food.

b) Water used for steam production, cooling, fire prevention, firefighting, or other purposes must have separate pipelines with distinct colors to facilitate differentiation and shall not be connected to the water system used for food production.

8. Waste treatment systems:

a) Adequate waste collection tools must be provided; these tools must be made of sturdy materials, ensuring they are sealed, equipped with lids, and locked if necessary. Containers for hazardous waste must be specially designed, easily distinguishable, and lockable to prevent contamination.

b) The waste treatment system must operate regularly, and treated waste must meet environmental hygiene standards.

9. Toilet facilities and changing areas for protective clothing:

a) Toilet facilities must be separated from food production areas; toilet doors shall not open directly into production areas; at least one toilet must be available for every twenty-five people.

b) Ventilation must be properly arranged to ensure that air from toilets does not flow into production areas; wastewater discharge must be easy and hygienic. A sign reading "Wash hands after using the toilet" must be placed in a visible location within the restroom area.

c) There must be a room for changing protective work attire before and after working.

10. Food ingredients and food packaging:

a) Food ingredients, food additives, processing aids, and preservatives used in food production must have clear origins and comply with safety regulations.

b) Food packaging must be safe and secure; it must not contaminate or cause pollution affecting the quality and safety of food products.

Article 27. Conditions for equipment and utensils

1. Equipment and utensils that come into direct contact with food must be designed and manufactured according to production technology requirements; they must ensure safety, prevent food contamination, be easy to clean, disinfect, and maintain. Mobile production equipment must be durable, easy to move, disassemble, and clean.

2. Hand washing and disinfection facilities:

a) Adequate hand washing, hand disinfection, boot, shoe, and sandal equipment must be provided before food production.

b) Hand washing stations must have sufficient clean water, antiseptic water, disposable towels or paper towels, or hand drying machines.

c) Food production workshops must have adequate hand washing basins for workers.

3. Food production equipment and utensils:

a) They must be sufficient and appropriate for handling raw materials, processing, and packaging food.

b) They must be made of non-toxic materials that are resistant to wear, corrosion, and harmful substance leaching, and do not impart unusual odors or alter food.

c) They must be easy to clean and maintain; they must not contaminate food due to lubricating oils or metal fragments.

d) Production line equipment must have complete cleaning procedures, usage procedures, and operational instructions.

4. Insect and pest control:

a) Pest control equipment must be made of rust-resistant materials, easily disassembled for cleaning, and designed effectively to prevent insects and pests.

b) Chemicals, animals, or devices to eliminate rodents, insects, and pests shall not be used in food production areas.

5. Monitoring and measuring equipment:

a) Adequate monitoring and measuring equipment for product quality and safety must be available, capable of assessing key quality and safety indicators of food products. Measuring instruments and equipment must ensure accuracy during use, inspection, calibration, and testing as prescribed by law.

b) Accuracy, maintenance, and regular inspection must be ensured as required.

6. Cleaning agents and disinfectants:

a) Only approved cleaning agents and disinfectants may be used.

b) They must be stored in clearly labeled containers with usage instructions and must not be kept in food production areas.

Article 28. Conditions for persons directly producing food

1. The owner of the facility and persons directly producing food must have a Certificate confirming knowledge about food safety according to the program prescribed by the Ministry of Industry and Trade.

2. The owner of the facility and persons directly producing food must ensure health requirements when participating in food production; for areas with ongoing outbreaks of diarrheal diseases as announced by authorized agencies, persons directly producing food must undergo stool culture and must have negative results for the causative agents of such diarrheal diseases, cholera bacteria, shigella, and typhoid; testing shall be conducted by healthcare facilities at district level and above. For facilities required to obtain a Certificate of Food Safety Condition, the owner of the facility and persons directly producing food must undergo a health examination and be issued a Certificate confirming their health status in accordance with regulations.

3. Persons suffering from progressive tuberculosis, acute diarrhea, cholera, dysentery, typhoid, acute viral hepatitis A or E, acute respiratory infections, or acute infectious skin inflammation may not come into direct contact during the process of food production and processing.

4. Persons directly producing food must wear dedicated protective clothing, headgear, gloves, and masks.

5. Persons coming into direct contact during the process of food production must comply with hygiene practices: keeping nails short and clean, not wearing rings or hand jewelry, watches; not eating, smoking, or spitting in the food production area.

Article 29. Conditions for food storage during food production

1. Raw materials, packaging, finished products must be stored in separate areas suitable for each type and with appropriate size.

2. Storage areas must be designed appropriately for the requirements of storage, receipt, and delivery of different types of food and raw materials; ensuring safety, ventilation, ease of cleaning, and prevention of entry and habitation by pests and harmful animals.

3. Storage areas for raw materials and food products must have complete nameplates; internal rules, procedures, and sanitation schedules; for raw materials and food products requiring special storage conditions, temperature, humidity, and other condition records must be kept.

4. Raw materials and food products must be packaged and stored at least 12 cm off the ground, 30 cm away from walls, and 50 cm below the ceiling.

5. Equipment for adjusting temperature, humidity, ventilation, and other factors affecting food safety must be available; specialized equipment suitable for monitoring and tracking storage conditions for each type of food and raw material according to manufacturer requirements must be provided; easy to maintain and clean.

6. Adequate equipment and tools for monitoring temperature, humidity, and other factors affecting food safety throughout the food production process must be available.

7. Ice used for direct food preservation must be produced from clean water according to technical standards.

Section 3

GENERAL CONDITIONS FOR FOOD SAFETY GUARANTEES IN FOOD BUSINESS FACILITIES

Article 30. Conditions for business facilities

1. There must be sufficient space to arrange areas for displaying food, storage, and convenient transportation of raw materials and food products.

2. Not prone to flooding or water accumulation.

3. Not affected by harmful animals, insects, or microorganisms.

4. Not affected by contaminants from dust, toxic chemicals, or other pollution sources.

5. Design of food sales areas, sanitation areas, protective clothing changing areas, and auxiliary areas must be separated and suitable for the type of food sold; toilet doors must not open directly into food storage areas.

6. The structure of the business facility must be suitable for the nature and scale of the food sold; constructed with materials that ensure hygiene, preventing harmful microorganisms, insects, and destructive animals from entering and residing.

7. The floor must be flat and smooth; have a hard surface capable of bearing weight and wear; good drainage, non-slippery, free from standing water, and easy to clean.

8. Walls and ceilings must be flat and light-colored, made of durable and solid materials, without leaks, cracks, mold, standing water, or dirt adhesion.

9. Doors and windows must be smooth and flat, facilitating cleaning; where necessary, there must be screens to prevent insect and animal entry.

10. Lighting must meet the product storage requirements of manufacturers; lighting fixtures must have covers or screens.

11. Ventilation systems must be appropriate for food storage requirements, ensuring air circulation in all areas.

12. Adequate waste collection and disposal equipment must be available; made of materials resistant to damage, sealed, with lids, and regularly cleaned.

13. Handwashing areas must have sufficient supplies, soap, and cleaning agents for washing hands; signs reading "Wash Hands After Using the Toilet" must be placed in visible locations.

14. There must be sufficient clean water for cleaning equipment, utensils, and maintaining facility hygiene in compliance with technical standards for potable water.

15. There must be a system of records or software managing food safety throughout the business process, ensuring that food and food raw materials sold have clear origins, expiration dates, and comply with food safety regulations.

16. There must be a sanitation procedure and sanitation logbook established by the facility owner.

Article 31. Conditions for equipment and tools

1. Adequate equipment to serve business operations and suitable storage conditions for each type of food and manufacturer requirements (shelves, product display cabinets, temperature and humidity control equipment, ventilation in storage, display, and preservation areas); there must be regulations on hygiene procedures for the establishment.

2. Sufficient equipment to monitor temperature, humidity, ventilation, and other factors affecting food safety according to technical requirements of each type of food and manufacturer throughout the food business process.

3. Insect and pest prevention equipment must not rust, be easily disassembled for maintenance and cleaning, designed to ensure effective insect and pest prevention; no use of chemicals, animals for rodent or insect control in food business and storage areas.

4. Monitoring and measuring equipment for product quality and safety must ensure accuracy and be regularly maintained and inspected as prescribed.

Article 32. Conditions for persons directly engaged in food business

1. The owner of the establishment and persons directly engaged in food business must meet the conditions stipulated in Clause 1, 2, and 3 of Article 28 of this Decree.

2. Persons directly engaged in food business must wear dedicated protective clothing that ensures hygiene.

Article 33. Requirements for food storage and transportation in food business

1. Food safety conditions during food storage, in addition to complying with the requirements specified in Article 29 of this Decree, must also meet the following conditions:

The storage area must have sufficient shelves made of sturdy and hygienic materials; food must be packaged and stored at least 15 cm above the floor, at least 30 cm from the wall, and at least 50 cm from the ceiling; comply with stacking height guidance provided by the manufacturer.

2. Food safety conditions during food transportation:

a) Food containers must be isolated from the surrounding environment to prevent dust and insect intrusion; appropriate for transport dimensions;

b) Specialized transportation equipment and containers that come into direct contact with food during transportation must be made of non-contaminating materials or packaging, easy to clean;

c) Sufficient equipment to monitor temperature, humidity, ventilation, and other factors affecting food safety according to technical requirements for each type of food and manufacturer's requirements throughout the transportation process;

d) Regulations on ensuring food safety during food transportation must be maintained and controlled according to requirements throughout the transportation process; for food requiring special storage conditions, specific handover procedures must be established between the receiver and transporter;

đ) Equipment and tools must be kept clean before, during, and after food transportation; food must not be transported alongside hazardous goods or those that could cause cross-contamination affecting food quality and safety.

Section 4

CONDITIONS FOR ENSURING FOOD SAFETY FOR MILK PROCESSING PRODUCTION ESTABLISHMENTS

Article 34. Conditions for Ensuring Food Safety for Milk Processing Production Facilities

1. Have a production location that meets the following requirements:

a) Must be far from sources of pollution and harmful substances, not affected by other pollution factors from the surrounding environment that may impact the food safety quality of processed milk products;

b) Have sufficient area to arrange production lines suitable for the designed capacity of the facility, ensuring each production stage meets technological requirements and industrial hygiene measures.

2. Have factory design that meets the following requirements:

a) The layout of the production line must be appropriate, not influenced by pollution sources such as steam boilers, wastewater treatment plants, solid waste collection areas, and sanitary facilities;

b) Design the factory according to the one-way flow rule from raw materials at the beginning to finished processed milk products at the end;

c) Isolate different areas: raw material warehouse; packaging materials and supplies warehouse; finished product warehouse; production area (raw material preparation; processing; filling, bottling, packaging, and finalizing products; industrial cleaning system (CIP); mechanical power systems); chemical warehouse; solid waste collection area and wastewater collection and treatment system; auxiliary facilities to prevent cross-contamination;

d) Internal traffic routes must be designed and constructed to ensure durability, stability, dust-free conditions, and high-rise walkways must have guardrails or partitions for easy observation and labor safety;

đ) Drainage systems (production wastewater, domestic wastewater, rainwater) must be separately designed and constructed with covers, ensuring proper slope for drainage and preventing water accumulation;

3. Have factory structure that meets the following requirements:

a) The floor in the production area must be easily drained, made of durable, non-peeling, slip-resistant, and easy-to-clean materials. Drainage systems within the production area must have covers;

b) Septic tanks and water collection pits must have odor traps, insect barriers, and limit microorganism intrusion from sewage pipes into the factory;

c) Pipeline systems must be painted in different colors and have clear markings for easy identification;

4. Have ventilation systems that meet the following requirements:

a) Factories must have air vents to ensure air circulation, heat dissipation, and gas emission during production; in case of forced ventilation, air conditioning equipment must provide sufficient clean air for circulation;

b) Areas where product filling systems are located must always be dry, well-ventilated, and clean;

5. Water supply and storage systems must meet the following requirements:

a) Must ensure adequate water supply meeting standards;

b) Pumping, water treatment, water storage tanks, and pipeline systems must be in good working condition and regularly inspected to prevent backflow or pipe blockages;

c) Water supply pipelines must be separate, clearly marked for easy identification, easy sanitation, and ensure safe drinking water, avoiding contamination;

d) Storage tanks, settling tanks, and filtration tanks must be compatible with water treatment technology and cleaned according to regulations or when necessary;

đ) In case of water quality issues, immediately stop production and isolate products produced during the incident period;

e) Have backup generators and water pumps for power outages or pump failures to maintain continuous production;

g) Treated water meeting standards for milk production must be stored and preserved to prevent recontamination or contamination from other pollution sources;

6. Steam, heat, and compressed air supply systems must meet the following requirements:

a) Boilers must be designed and placed in separate areas away from production zones, regularly inspected and tested according to current regulations;

b) Steam and compressed air pipeline systems must be safely installed and clearly marked to distinguish from other pipeline systems, regularly inspected according to current regulations;

7. Have waste collection, treatment, and disposal systems that meet the following requirements:

a) For solid waste

- Must be collected and stored in appropriate containers and placed in convenient locations for collection, treatment, and not affecting production processes;

- Waste containers must be clearly labeled or marked to differentiate from raw material, semi-finished, or finished product containers; made of non-porous, corrosion-resistant materials; sealed and easy to clean (if reused multiple times) or destroyed (if used once);

- Must be treated by organizations or individuals permitted by competent state management authorities to operate in environmental treatment fields;

b) For production and domestic wastewater

- Wastewater treatment areas must be isolated from production zones;

- Treatment capacity and technology must match peak production discharge volumes to ensure treated wastewater meets environmental standards;

- Raw untreated wastewater must not be directly discharged into the environment; drainage channels in production areas must ensure water flows from cleaner to less clean areas and completely drain under stopped flow conditions;

- Septic tanks must have covers, and production areas must clean septic tank drainage channels daily after production; regularly clear drainage channels and septic tanks according to regulations;

c) Exhaust gases from production areas and boiler systems must be treated to avoid impacting other production areas;

d) For hazardous waste

- Must be collected, stored, transported, and treated separately according to current regulations;

- Managed and treated by organizations or individuals permitted by competent state management authorities to operate in hazardous waste treatment fields;

8. Have warehouse systems that meet the following requirements:

a) Raw material and additive warehouses:

- Must be separated from production areas;

- Raw materials and additives must be placed on shelves or racks, avoiding direct sunlight exposure;

- Must meet temperature, humidity, storage time, and other storage conditions specified by manufacturers' guidelines or regulations;

- For opened but unused raw materials and additives, they must be resealed after each use and stored according to regulations.

- Raw materials and preservatives stored in warehouses must be labeled with information including: The name of raw materials and preservatives and their expiration date;

- For warehouses storing fresh milk: At intermediate collection stations, there must be a cooling system, equipment, tools, and chemicals to check the quality of fresh milk, retain samples of purchased milk; fresh milk storage tanks must have insulation layers, inner surfaces made of non-contaminating materials, ensuring a constant temperature of 4°C to 6°C; the storage time for fresh milk from milking to processing shall not exceed 48 hours; tanks must be cleaned immediately after they are empty, ensuring no microorganisms or residues of cleaning chemicals remain as prescribed;

- Regular maintenance and cleaning schedules must be implemented according to the regulations of the facility.

b) Warehouses for materials, packaging, and chemicals

- Must be arranged separately from production areas;

- Materials and packaging must be arranged to avoid direct sunlight;

- Packaging directly contacting products must be packaged according to the manufacturer's specifications;

- Storage time and conditions must follow the manufacturer's instructions or guidelines;

- Regular maintenance and cleaning schedules must be implemented according to the regulations of the facility.

c) Finished Product Warehouses

- Must be arranged separately from production areas, facilitating product entry and exit;

- Must maintain the prescribed temperature, dryness, cleanliness, ventilation, and avoid direct sunlight to prevent changes in product quality indicators, sensory characteristics, and safety;

- There must be a designated area for products that do not meet quality requirements awaiting processing;

- Regular maintenance and cleaning schedules must be implemented according to the regulations of the facility;

- Products stored in finished goods warehouses must be labeled with information including: Product name, batch number, production date, production shift, and expiration date;

- For products requiring cold storage conditions:

+ Products must be stored in refrigerated warehouses, ensuring continuous circulation of cold air to each product within the warehouse;

+ Refrigerated warehouse temperatures must always be maintained according to the requirements of each type of product.

9. There must be a production area meeting the following requirements:

a) Raw material preparation area

- Production raw materials must be separated by type and placed on shelves or racks;

- Flavorings must be prepared separately to ensure no cross-contamination;

- Measuring devices must be accurate and functioning properly;

- Regular cleaning must be conducted to ensure no dust or water accumulation;

- Only responsible personnel or those assigned may enter the raw material preparation area for production.

b) Processing Area

- Processing equipment must be thoroughly cleaned before use for each daily production cycle;

- Waste must be collected and placed in plastic bags or sealed containers at designated locations;

- Personnel working in mixing and direct product contact areas must wear waterproof, durable, light-colored gloves that ensure food safety;

- The processing area must be cleaned daily or immediately upon completion of each product type's production cycle;

c) Filling, Bottling, and Packaging Area

- Filling and bottling rooms must be sealed, sterile, maintaining a temperature between 20°C and 28°C, and positive pressure relative to the outside;

- Filling and bottling equipment in these rooms must remain sterile throughout the filling and bottling process;

- The inner surface of the product delivery pipes to the filling and bottling equipment must be sterilized according to regulations;

- Filling and bottling equipment must be cleaned daily or immediately upon completion of each product type's production cycle;

- Only responsible personnel or those assigned may enter this area to prevent cross-contamination.

d) Finished Product Area

- Finished product packaging areas must be thoroughly cleaned before packaging, ensuring they remain dry;

- Packaging tools and equipment (shrink wrapping, printing expiration dates, conveyor belts, box sealing) must be thoroughly cleaned.

10. There must be an internal transportation system ensuring that processed milk products are not transported alongside materials, raw materials, or chemicals that could cause cross-contamination affecting product quality and safety. The facility owner must specify in writing (by document) the means, methods, storage conditions, and food safety management during the internal transportation of processed milk products.

11. There must be a quality control system for raw materials and products meeting the following requirements:

a) Quality control areas must be arranged separately, conveniently located for quality control during production; equipped with minimum machinery, equipment, and tools for measuring and testing basic quality indicators of main raw materials and finished products. Microbiological testing units must be sterile and isolated from other testing units;

b) In cases where there is no quality control room, the facility must have a contractual agreement with a competent and specialized testing and analysis unit to monitor basic quality indicators of main raw materials and finished products;

c) There must be a sample retention area, sample retention records, and ensure compliance with sample retention and disposal procedures according to the preservation requirements of each type of sample.

12. Record Management

a) Complete management records (contracts, invoices, certificates, quality testing reports, declarations of conformity or suitability for food safety standards, and related documents) must be available for raw materials, auxiliary materials, food additives, processing aids, materials, packaging, and chemicals for traceability, quality control, and food safety;

b) Complete food safety management records as required (Certificate of Facility Meeting Food Safety Conditions, Receipt of Declaration of Conformity or Confirmation of Suitability Declaration for Food Safety Standards) must be available for processed milk products produced at the facility.

13. Facility Owner and Direct Producers, Sellers

The facility owner and direct food producers must comply with the requirements set forth in Article 28 of this Decree.

Article 35. Equipment, facilities, and packaging for processed milk

1. Equipment and packaging that come into direct contact with processed milk products must comply with national technical standards on hygiene safety for packaging and equipment that directly contact food.

2. Machinery, equipment, and utensils that come into contact with milk and raw materials must be designed and manufactured in a coordinated manner, made from non-corrosive materials that do not cause harm during intended use, and must be easily cleaned, sanitized, and maintained to prevent contamination.

3. Equipment used for heating, cooling, chilling, and maintaining cold temperatures of milk must be designed to quickly achieve required technical temperatures and maintain them effectively; temperature monitoring and control must be possible according to regulations.

4. Direct air blowing into the product (if applicable) must ensure sterility.

5. There must be a system to alert when processing parameters (temperature, pressure) exceed specified limits.

6. Waste containers and hazardous chemical containers must be designed appropriately and safely, clearly identifiable, made from durable materials that are resistant to damage.

7. Production, processing, and testing equipment must be regularly maintained and replaced when damaged or showing signs of damage.

Testing, measuring, and experimental equipment, as well as equipment with strict safety requirements, must be calibrated and inspected in accordance with legal provisions.

8. Repairs and maintenance of equipment, machinery, and tools must only be carried out outside the production area or when production has stopped. In cases where repairs or regular maintenance are conducted on-site, immediate cleaning must follow upon completion of work.

9. Lubricating oils for parts of equipment and machinery that come into contact with products must be types approved for use in food production.

Section 5

CONDITIONS FOR ENSURING FOOD SAFETY IN BEER PRODUCTION FACILITIES

Article 36. Conditions for beer production facilities

1. Production Site

a) Must be constructed according to current planning approved by competent state authorities;

b) Must be located far from sources of pollution, toxicity, and other environmental factors that could affect the quality and safety of beer products;

c) Must have sufficient space to arrange production lines suitable for the facility's design capacity, ensuring each production stage meets technological requirements and industrial hygiene measures are applied.

2. Design and layout of factory buildings

a) The layout of the production line must be appropriate to wind direction to avoid impacts from pollution sources such as: exhaust gases from boilers, wastewater treatment plants, solid waste collection areas, restrooms, and other pollution sources;

b) There must be separation between areas: storage (raw materials, auxiliary materials, processing aids, product preservation); production (preparation, cleaning and processing of raw materials, saccharification, yeast propagation, fermentation, settling, filtration, bottling, and final product completion); industrial hygiene systems (CIP); mechanical power; solid waste collection and wastewater treatment systems; ancillary structures to prevent cross-contamination;

c) Internal traffic routes must be designed and built to be durable, stable, dust-free; elevated walkways must have guardrails or partitions for easy observation, ensuring workplace safety;

d) Drainage systems (domestic wastewater, production wastewater, rainwater) must be designed and built separately, covered, with adequate slope for drainage, preventing water accumulation;

3. Factory Building Structure

a) The grinding area must ensure that dust does not spread to the surrounding environment and does not affect other production stages;

b) The cooking area must be adequately lit and ventilated to ensure working environmental temperature complies with regulations;

c) The yeast propagation area must meet hygiene conditions, comply with technological requirements, and facilitate cleaning and sterilization;

d) The fermentation area:

- The floor of the fermentation area must be made from durable, slip-resistant, non-peeling material with a slope for good drainage;

- If fermentation equipment is placed inside the factory building, the walls and ceiling must be waterproof, easy to clean, and free from mold;

- If yeast propagation occurs at the production site: The propagation area must be designed to ensure sterility, equipped with a sterilization system, and have a device control system to ensure yeast quality;

- If yeast propagation does not occur at the production site, there must be equipment to ensure safety and prevent contamination during inoculation;

e) The filtration and bottling area:

- Must be isolated to ensure sterility, protect against insects, and prevent cross-contamination from surrounding pollution sources;

- The factory floor must be made from durable, slip-resistant, non-peeling material with good drainage. Drainage pipes must have covers;

4. Ventilation System

- The factory must have ventilation doors to ensure air circulation, heat dissipation, and gas emission during production;

- The grinding area must be equipped with ventilation and dust filtration systems to prevent pollution of other production stages;

- The cooking area must be designed for good ventilation, heat dissipation, moisture removal, and odor elimination, ensuring compliance with working environmental temperature and workplace safety regulations;

5. Water supply system

a) Must ensure adequate water supply meeting standards;

b) Must have sufficient pumping, water treatment, and water storage tanks or reservoirs, pipeline systems always in good condition; regular inspections must be conducted to prevent backflow or pipe blockages;

c) Water supply pipelines must be separate, clearly marked for easy identification, easy sanitation, and ensure safe drinking water, avoiding contamination;

d) Tanks, settling tanks, and filters must be compatible with water treatment technology; regular cleaning must be performed as required or when necessary;

đ) In case of water quality issues, immediately stop production and isolate products produced during the incident period;

e) Have backup generators and water pumps for power outages or pump failures to maintain continuous production;

g) Treated water used for brewing must be stored in separate equipment to prevent contamination, pollution, or microbial infection from other sources.

6. Steam, heat, and compressed air supply system

a) Boilers must be designed and located in isolated areas from production zones, regularly inspected and tested according to current regulations;

b) Steam and compressed air pipeline systems must be designed and manufactured from suitable materials, installed safely, marked or labeled to distinguish from other pipeline systems, and regularly inspected according to current regulations.

7. System for collecting and treating waste and wastewater

a) Solid waste:

- Must be collected and stored in appropriate containers or receptacles placed in easily observable locations to facilitate collection, treatment, and not affect production processes;

- Receptacles for waste materials must be clearly marked or have distinguishing signs from those for raw materials, semi-finished products, or finished products; made of non-porous material with minimal corrosion resistance; ensure tightness and ease of cleaning (if reused multiple times) or destruction (if used once);

- Brewery spent grains must be cleaned up thoroughly, regularly no more than once every 48 hours;

- Types of paper, labels, broken bottle caps, old or damaged ones that can be recovered for reuse must be collected, sorted at source, and kept in bags or boxes distinguished according to the regulations of the establishment before being transported to the treatment site;

- Solid waste must be treated by organizations or individuals permitted by competent state management authorities to operate in environmental treatment fields.

b) Production wastewater and domestic wastewater:

- The wastewater treatment area must be separated from the production area;

- Treatment capacity and technology must match peak production discharge volumes to ensure treated wastewater meets environmental standards;

- Raw wastewater must not be directly discharged into the surrounding drainage ditches in the production area; it must flow from cleaner areas to less clean areas and ensure complete drainage under stopped flow conditions;

- Manholes must have covers; sewerage systems in the processing area must be cleaned after each day's production; sewers and manholes must be cleared periodically according to regulations;

- In cases where beer production facilities are built within industrial zones, wastewater must be discharged into the centralized drainage system of the industrial zone in accordance with current regulations on environmental management in industrial zones.

c) Exhaust gases from production areas and boiler systems must be treated to avoid impacting other production areas;

d) Hazardous waste:

- Hazardous waste must be collected, stored, transported, and treated separately according to current regulations;

- It must be managed and treated by organizations or individuals permitted by competent state management authorities to operate in hazardous waste treatment fields.

8. Storage system

a) General requirements for warehouses (raw materials, food additives, processing aids, supplies, packaging, finished products) must:

- Ensure sufficient capacity according to the design capacity of the production line;

- Have regular maintenance and cleaning schedules according to the establishment's regulations;

- Meet storage conditions as directed or regulated by manufacturers;

- Prevent insect, rodent, and other harmful agent invasions;

- Have information to identify each type of raw material, food additive, processing aid, supply, packaging, and finished product stored in the warehouse; maintain records of entry and exit for each warehouse.

b) Chemical storage areas must meet the storage requirements and conditions as specified by manufacturers and current regulations on chemical storage.

c) Finished Product Warehouses

In addition to complying with the provisions of Clauses 2, 3, 4, and 5 of Article 29, the following must also be ensured:

- Maintain temperature and humidity conditions suitable for technical requirements to store different types of beer according to the establishment's regulations;

- Have full information including: Product name, production batch, production date, shift, and other required information according to the establishment;

- Have a separate area to temporarily store products that do not meet quality standards while awaiting processing.

9. Quality control system for raw materials and products

a) Quality control areas must be arranged separately, conveniently located for quality control during production; equipped with minimum machinery, equipment, and tools for measuring and testing basic quality indicators of main raw materials and finished products. Microbiological testing units must be sterile and isolated from other testing units;

b) In cases where there is no quality control room, the establishment must have a contract with a capable and appropriately specialized testing and analysis unit to monitor basic quality indicators of main raw materials and finished products;

c) Have a sample storage area, sample record files, and implement sample retention and disposal procedures according to the preservation requirements of each type of sample.

10. Internal Transportation

a) The establishment owner must specify in writing the means, methods, conditions for storing and ensuring food safety of beer products during internal transportation;

b) Beer must not be transported together with materials, raw materials, chemicals that could cause cross-contamination affecting the quality and food safety of the product.

11. Record Management

a) Maintain management records (contracts, invoices, certificates, quality test reports, conformity declaration or compliance declaration with food safety regulations, Receipt of Conformity Declaration or Confirmation of Compliance with Food Safety Regulations and related documents) for raw materials, food additives, auxiliary materials, processing aids, packaging to serve traceability, quality control, and food safety;

b) Maintain complete food safety management records as required (Food Safety Assurance Facility Certificate, Receipt of Conformity Declaration or Confirmation of Compliance with Food Safety Regulations and periodic testing results) for beer products produced at the establishment.

12. The establishment owner and persons directly involved in food production must comply with the conditions stipulated in Article 28 of this Decree.

Article 37. Conditions for equipment, tools, and packaging

1. Tools and packaging containing beer must comply with national technical standards on hygiene safety for packaging and tools that come into direct contact with food.

2. Equipment and tools containing raw materials and finished products must be made from materials that do not contaminate the product.

3. Grinding equipment must be suitable for the technological requirements of each type of raw material and must ensure cleanliness before and after grinding.

4. Equipment for cooking, sugarization, and wort boiling:

a) Must have all safety valves in good working condition, maintained and repaired regularly to ensure safe operation under high pressure and temperature conditions during production with mixing.

b) Must ensure heating speed within a time frame appropriate to technology and design capacity, evenly heating the surface of the cooking pot.

c) Must be cleaned with chemicals and disinfected according to the industrial cleaning procedures established by the facility owner. Open doors on the cooking pot lid must be protected by raised edges to prevent contamination from cleaning water.

5. Beer filtration equipment must be made from non-contaminating materials, easy to install, clean, and maintain. It must ensure airtightness to prevent CO2 loss and oxygen and microorganism intrusion.

6. Fermentation equipment:

a) Connection heads to yeast propagation equipment must hang from racks not directly on the floor and must be sterilized before use.

b) Must be cleaned with chemicals and disinfected according to the industrial cleaning system established by the facility owner.

c) Open doors on the fermentation tank lid must be protected by raised edges to prevent contamination from cleaning water.

7. Gas venting and CO2 saturation equipment must be made of stainless steel.

8. Filling equipment: Must ensure accurate volume filling without overflowing foam; must always be kept clean and sterile before operation, and must have a cleaning and disinfection procedure.

9. Product conveying pipelines must be cleaned with chemicals and disinfected according to the industrial cleaning procedures established by the facility owner.

10. Internal transport equipment (forklifts) must be cleaned thoroughly before, during, and after transporting products. Specialized transport equipment made from non-contaminating materials must be used to ensure food safety.

11. Auxiliary equipment:

a) Steam boilers and heating systems providing steam must be designed to ensure food safety. Hot gases and steam must not cause contamination to the product.

b) Measuring, testing equipment, and equipment with strict safety regulations must be calibrated and inspected in accordance with current laws.

12. Other provisions:

a) Equipment and tools used in production must be regularly maintained, inspected, repaired, or replaced when damaged or showing signs of damage.

b) Containers for waste and hazardous chemicals must be designed to be easily recognizable, have a suitable structure, be made from durable materials that are less prone to damage, and can be locked to prevent contamination.

c) Maintenance and repair of machinery must only be carried out outside the production area or when production has stopped. In cases where maintenance is performed on-site or regular maintenance is conducted after completion, equipment and surrounding areas must be cleaned.

d) Lubricants for parts of equipment and machinery that come into direct contact with the product must be types approved for use in food production.

Chapter 6

Article 37. Food Safety Conditions for Vegetable Oil Production Facilities

Article 38. Conditions for vegetable oil production facilities

1. Production Site

a) Must be constructed according to current planning approved by competent state authorities;

b) Must be located far from sources of pollution and hazards, not affected by environmental factors that could impact the quality and safety of vegetable oil products;

c) Must have sufficient area to arrange production lines suitable for the designed capacity of the facility, ensuring all production stages meet technological requirements and industrial hygiene measures.

2. Layout and design of workshops

a) The layout of the production line must be arranged according to wind direction to avoid the impact of solid waste, various types of oil residue, sanitary areas, and other pollution sources;

b) Workshop design must follow a one-way flow from raw materials to the final product, which is vegetable oil;

c) There must be separation between areas: storage (raw materials, auxiliary materials, processing aids, product preservation); production (preparation, cleaning of raw materials, drying, pressing, extraction, refining, decanting or bottling, and finishing the product, industrial hygiene system (CIP), mechanical power); solid waste collection areas, wastewater collection systems, oil residue, and ancillary facilities to prevent cross-contamination;

d) Internal traffic systems must be designed and constructed to ensure durability, stability, dust-free conditions, elevated walkways must have guardrails or partitions for easy observation, ensuring workplace safety;

đ) Wastewater drainage systems (production wastewater, domestic wastewater, and rainwater) must be separately designed and constructed with covers, ensuring slope for water runoff, preventing localized water accumulation;

3. Factory Building Structure

a) The floor in the production area must be easily drained, made of durable, non-peeling, slip-resistant, and easy-to-clean materials. Drainage systems within the production area must have covers;

b) Septic tanks and wastewater collection pits must have odor traps, insect barriers, and limit microorganism intrusion from drainage outlets into the workshop;

c) Pipeline systems (vegetable oil conveyance, solvent recovery, equipment cleaning) must be painted in different colors and clearly marked for differentiation;

4. Ventilation System

a) Workshops must have ventilation doors to ensure air circulation, heat dissipation, and gas emission during production, maintaining working environment temperature and labor safety as prescribed;

b) Drying and extraction areas must be ventilated to maintain working environment temperature and labor safety as prescribed;

c) Pressing areas must have appropriate dust filtration and ventilation systems to prevent contamination of other production stages;

d) Refining areas must be designed for good ventilation, heat dissipation, and rapid odor removal to ensure working environment temperature, air quality, and labor safety as prescribed;

đ) Decanting and bottling areas must always be dry, well-ventilated, and clean;

5. Steam, heat, and compressed air supply systems

a) Boilers must be designed and placed in separate areas away from production zones, regularly inspected and tested according to current regulations;

b) Steam and compressed air pipeline systems must be designed and installed safely, marked or labeled distinctly from other pipeline systems, regularly inspected as prescribed;

6. Waste collection, treatment, and disposal systems

a) For solid waste

- Oil residue from pressing and extraction must be collected in designated areas with suitable size for production line capacity, cleaned regularly within 48 hours to prevent cross-contamination during production;

- Paper, labels, broken bottles, cans, boxes, caps, and other solid waste generated during production must be collected and stored in appropriate containers placed in visible locations for easy collection, treatment, and to avoid affecting production processes;

- Waste from ancillary areas and domestic waste must be sorted and collected in designated areas for treatment;

- Must be treated by organizations or individuals permitted by competent state management authorities to operate in environmental treatment fields;

b) For production and domestic wastewater

- Wastewater treatment areas must be isolated from production areas and located at the end of the prevailing wind direction;

- Treatment capacity and technology must match peak production discharge volume and ensure treated wastewater meets environmental standards;

c) Exhaust gases from production areas and boiler systems must be treated to avoid impacting other production areas;

d) For hazardous waste

- Must be collected, stored, transported, and treated separately according to current regulations;

- It must be managed and treated by organizations or individuals permitted by competent state management authorities to operate in hazardous waste treatment fields.

7. Storage Areas

a) General requirements for storage areas (raw materials, crude vegetable oil storage, food additives, processing aids, supplies, packaging, finished products) must:

- Ensure sufficient capacity according to the design capacity of the production line;

- Have regular maintenance and cleaning schedules according to the establishment's regulations;

- Meet storage conditions as directed or regulated by manufacturers;

- Prevent insect, rodent, and other harmful agent invasions;

- Have identification information for each type of raw material, crude vegetable oil, food additives, processing aids, supplies, packaging, finished products stored, with tracking records for each storage area;

b) Chemical storage areas must comply with manufacturer requirements and current regulations on chemical storage;

c) Finished Product Warehouses

In addition to implementing provisions of Clauses 2, 3, 4, and 5 of Article 29, finished product storage areas must:

- Ensure appropriate humidity and temperature for each type of vegetable oil, avoiding direct sunlight exposure;

- Have full information including: Product name, production batch, production date, shift, and other required information according to the establishment;

- Have a separate area to temporarily store products that do not meet quality standards while awaiting processing.

8. Crude Vegetable Oil Production Area

a) Raw materials must be stored in warehouses or silos to ensure raw material quality and safety;

b) Chemicals used for raw material preservation and vegetable oil production must be within the approved list, not affecting product quality and safety;

c) Raw material cleaning and preparation stage

- Raw materials before entering production must be controlled for pesticide residues, toxic mold, heavy metals; only raw materials meeting quality and food safety requirements may be used for vegetable oil production;

- Raw materials before pressing and extraction must be free of soil, rocks, sand, metal, and other impurities;

d) Pressing, extraction, and crude vegetable oil recovery stages must ensure no contamination by insects, dust, cross-contamination from oil residue, and solvent residue control;

9. Finished Vegetable Oil Production Area

a) Vegetable oil refining stage must separate harmful substances dissolved in crude oil, ensuring food safety, without altering nutritional components and vegetable oil quality;

b) Decanting or bottling stage

- The area for bottling or filling must be separated from other production areas; equipment must be controlled before each production run to ensure they are in good working condition;

- The bottling or filling process must be monitored by equipment or workers to ensure quantity, quality, and food safety of the product;

c) Final Product Stage

- Finished vegetable oil must be recorded and batched according to shifts or production cycles; each batch must be inspected for quality, sensory characteristics, packaging, and labeling before being stored or shipped to ensure product quality and food safety prior to distribution and circulation in the market;

- Finished vegetable oil must be stored at temperatures appropriate to the characteristics of each type as specified by the production facility, avoiding direct sunlight exposure;

10. Internal Transportation

a) The owner of the facility must specify in writing the means, methods, conditions for storage and management of food safety during internal transportation of vegetable oil;

b) Vegetable oil must not be transported together with materials, raw materials, chemicals that could cause cross-contamination affecting the quality and food safety of the product;

11. Quality Control System for Raw Materials and Products

a) Quality control areas must be arranged separately, conveniently located for quality control during production; equipped with minimum machinery, equipment, and tools for measuring and testing basic quality indicators of main raw materials and finished products. Microbiological testing units must be sterile and isolated from other testing units;

b) In cases where there is no quality control room, the facility must have a contractual agreement with a competent and specialized testing and analysis unit to monitor basic quality indicators of main raw materials and finished products;

c) There must be a sample retention area, sample retention records, and ensure compliance with sample retention and disposal procedures according to the preservation requirements of each type of sample.

12. Record Management

a) There must be complete management records (contracts, invoices, certificates, quality testing reports, declarations of conformity to regulations or food safety standards, and other related documents) for raw materials, auxiliary materials, food additives, processing aids, materials, packaging, chemicals used for traceability, quality control, and food safety;

b) There must be complete food safety management records as required (Certificate of Facility Meeting Food Safety Conditions, Certificate of Acceptance of Conformity Declaration or Confirmation of Compliance with Food Safety Regulations) for vegetable oils produced at the facility;

13. The owner of the facility and those directly involved in food production must meet the requirements stipulated in Article 28 of this Decree;

Article 39. Conditions for Containers, Equipment, and Packaging for Vegetable Oil

1. Containers and packaging for vegetable oil must comply with national standards on hygiene and safety for packaging and utensils that come into direct contact with food;

2. Neutralization equipment (free fatty acid separation) must control temperature and stirring speed to thoroughly separate soap residues, ensuring vegetable oil quality as prescribed;

3. Sedimentation equipment must have sufficient capacity and be designed and manufactured appropriately to control sedimentation processes for each type of product;

4. Bottling or filling equipment and finished oil capping equipment must be arranged to prevent foreign objects or insects from entering the product;

5. Production equipment and tools must undergo regular maintenance, inspection, repair, or replacement when damaged or showing signs of damage;

6. Measuring, testing equipment, and equipment with strict safety requirements must be calibrated and tested in accordance with legal provisions;

7. An alarm system must be in place to alert when processing parameters (temperature, pressure) exceed set limits;

8. Waste and hazardous chemical containers must be specially designed for easy identification, have suitable structures, be made from durable materials, and be lockable to prevent contamination;

9. Maintenance and repairs of machinery must only be conducted outside the production area or when production has ceased. In cases where repairs or maintenance are carried out on-site after completion, equipment and surrounding areas must be cleaned;

10. Lubricants used for parts of equipment and machinery that come into direct contact with products must be approved for use in food production.

Section 7

PROVISIONS ON FOOD SAFETY CONDITIONS FOR SMALL AND SCATTERED FOOD PRODUCTION UNITS

Article 40. Food safety conditions for small and scattered food production units

1. The production area must be located at a place that is not prone to flooding, water accumulation, dust, harmful chemicals, and is not affected by animals, insects, and pathogenic microorganisms, and must maintain a safe distance from other pollution sources.

2. Production processes must be arranged according to the principle of a unidirectional flow from raw materials to finished products.

3. The floor of the production area must be flat, well-drained, non-slippery, free from water accumulation, easy to clean, and the ceiling must be leak-proof, free from mold and water accumulation.

4. The owner of the production unit and those directly involved in production must comply with the provisions set out in Article 28 of this Decree.

Article 41. Conditions for raw materials, food additives, processing aids, and water used in food production and environmental protection

1. Raw materials used in food production and processing must ensure:

a) Clear origin and traceability information;

b) Proper storage according to the supplier's conditions, standards, and guidance;

c) Not stored together with goods, chemicals, or items that could cause cross-contamination or fail to ensure food safety.

2. Food additives and processing aids used in food must belong to the list of permitted substances as stipulated by the Ministry of Health.

3. The production unit must have sufficient clean water for food production and processing in compliance with national technical standards on drinking water quality.

4. Solid waste and wastewater generated in the food production area must comply with environmental protection regulations and local requirements.

Article 42. Conditions for food storage and retention

The food storage and retention area must ensure:

1. Maintenance of temperature, humidity, light, ventilation, and other factors ensuring food safety according to the manufacturer's storage requirements.

2. Measures and tools to prevent insect and animal pests.

3. Food products must not be stored together with goods, chemicals, or items that could cause cross-contamination or fail to ensure food safety.

Article 43. Conditions for food transportation

1. The owner of the production unit must post at the facility: Regulations concerning means of transport, methods, storage conditions, and management of food safety during transportation within the production area.

2. Transportation of food must not be mixed with materials, raw materials, or chemicals that could cause cross-contamination affecting the quality and safety of the product.

Section 8

PROVISIONS ON FOOD SAFETY CONDITIONS FOR SMALL AND SCATTERED FOOD BUSINESS UNITS

Article 44. Food safety conditions for food business areas

1. The food business area must be located at a place that is not prone to flooding, water accumulation, and is not affected by dust, harmful chemicals, or other pollution sources.

2. It must not be affected by animals, insects, or pathogenic microorganisms.

3. The floor must be well-drained, free from water accumulation, and easy to clean; the ceiling must be leak-proof and free from water accumulation.

4. The business unit must have sufficient sanitary water for food business activities in compliance with national or local technical standards on potable water quality.

5. Equipment or measures must be available to maintain food safety conditions according to the manufacturer's storage requirements and retain information related to purchasing and selling to ensure traceability of food origin.

6. Waste collection and disposal must comply with legal regulations on environmental protection.

Article 45. Food safety conditions for storage areas

1. Storage areas and food warehouses must maintain temperature, humidity; lighting, ventilation, and other factors affecting food safety in accordance with the product storage regulations of the manufacturer.

2. Measures to prevent and control pests and harmful animals must be implemented.

3. Food products shall not be stored together with goods, chemicals, and items that have the potential to cause food safety hazards.

Article 46. Conditions for the owner of the business premises and persons directly engaged in food trade

1. The owner of the business premises and persons directly engaged in food trade must meet the conditions stipulated in Clause 1 of Article 32 of this Decree.

2. Persons directly engaged in the trade of processed foods that are unpackaged must use personal protective equipment (gloves, masks).

Chapter VII
IMPLEMENTATION

Article 47. Effective date and implementation

1. This Decree takes effect from July 1, 2016.

2. This Decree abolishes the provisions set out in the following documents:

a) Clause 4 of Article 15 of Decree No. 38/2014/NĐ-CP dated May 6, 2014 of the Government on the management of chemicals under the scope of control of the Chemical Weapons Convention prohibiting the development, production, stockpiling, use, and destruction of chemical weapons;

b) Point d of Clause 2, Clause 4 of Article 8, Clause 7 of Article 15 of Decree No. 202/2013/NĐ-CP dated November 27, 2013 of the Government on fertilizer management.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for guiding and implementing this Decree./.