Reform of administrative procedures in food industry in Vietnam ( new decree No. 15/2018 / ND-CP)

Prime Minister signed Decree No. 15/2018 / ND-CP replacing Decree 38/2012 / ND-CP guiding a number of articles of the Law on Food Safety. Decree is a reform of administrative procedures in food industry, more than 90% of food products are self-proclaimed to bring more competitive advantage for company in Vietnam.

1. General

Decree No. 15/2018 / ND-CP dated 02/02/2018 of the Government guiding the Law on Food Safety
* Promulgator: Government
* Date of issue: 02/02/2018
* Effective date: 02/02/2018
* Replaced, abolished correspondences:
– To replace the Government’s Decree No. 38/2012 / ND-CP of April 25, 2012, detailing the implementation of articles of the Law on Food Safety;
– To abrogate Chapter II of Joint Circular No. 13/2014 / TTLT-BYT-BNNPTNT-BCT of April 9, 2014 of the Ministry of Health, the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade guiding the assignment and coordination in state management of food safety.

2. Main contents:

This Decree elaborates some Articles of the Law of Food safety on:
1. Procedures for product self-declaration.
2. Procedures for registration of the product declaration.
3. Assurance of genetically modified GM foods.
4. Issuance of the certificate of food safety.
5. State inspection of safety of imported and exported foods.
6. Food labeling.
7. Food advertisements.
8. Food safety requirements in production of dietary supplements.
9. Food safety requirements in production, sale and use of food additives.
10. Tracing food origins.
11. Food safety authorities.

In particular, it is noteworthy that regulations on food producer and trading establishments may publicize / declare their products on the mass media or their websites or post them at the head offices instead of conformity announcement as stipulated in Decree No. 38/2012 / ND-CP dated 25 April 2012 of the Government. This is an important content in Decree 15/2018 / ND-CP guiding the Law on Food Safety.

• PRODUCT SELF-DECLARATION

Article 4. Product self-declaration

1. Food manufacturers and food sellers (hereinafter referred to as “suppliers”) shall prepare self-declaration of pre-packaged processed foods, food additives, food processing aids, food containers, primary packages of foods (hereinafter referred to as “products”) other than the commodities specified in Clause 2 of this Article and Article 6 of this Article.
2. Products, raw materials that are manufactured or imported for production or processing of exports or internal production and are not sold domestically are exempt from self-declaration.

Application for registration of the product self-declaration and Procedures for registration of the product self-declaration shall be specified at article 5 at Decree no.15/2018/NĐ-CP.

• REGISTRATION OF THE PRODUCT DECLARATION

Article 6. Registration of the product declaration

Food suppliers must register the declarations of the following products:
1. Dietary supplements, medical foods, food for special dietary uses.
2. Dietary products for children up to 36 months.
3. Mixed food additives with new uses, food additives that are not on the list of permitted food additives compiled by the Ministry

Application for registration of the product declaration and Procedures for registration of the product declaration shall be specified at article 7 and article 8 at Decree no.15/2018/NĐ-CP.

NOTE: The certificates of declaration of conformity and certificates of declaration of conformity with food safety regulations that are granted before the effective date of this Decree are still valid until the expiration date of such certificates or the products.

3. Administrative procedures are carried out by local authorities: 05 procedures

– Procedures for product self-declaration.
– Procedures for registration of the product declaration.
– Procedures for state inspection of imported food safety;
– Procedures for registration of food advertising contents;
– Procedures for grant and re-grant of certificates of eligibility for food safety meet GMP requirements for food safety.

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Kristan Hershkop

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