Latest regulations on Food safety inspection in Vietnam

Latest regulations on Food safety inspection

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. Regulation on Methods of Food safety inspection follows:
Methods of Food safety inspection include Reduced inspection (document inspection of up to 5% of the shipments within 01 year randomly selected by the customs office) , Normal inspection (document inspection only) and tightened inspection (both document inspection and sampling).
Inspection method shall be determined based on result of previous inspections of the shipments and other conditions as below:

I. Cases of determination of method inspection of foods

According to article 17 of Decree 15-2018-ND-CP, specifies:

1. Reduced inspection applies to goods the following cases

a) There is certification of food safety issued by the competent agencies and organizations of the countries which have signed the mutual recognition international treaties in the food safety inspection activities of Vietnam. The inspection results is issued by the competent authority of the exporting country for goods lots and goods in conformity with the provisions of Vietnamese law;

b) There have been 03 (three) consecutive lanes within 12 months of meeting the requirements of import under the normal inspection method;

c) Produced in establishments that apply one of the quality management systems GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000 or equivalent.

2. Normal inspection shall apply to all products of the shipments, except for the cases specified in Clauses 1 and 3 of this Article.

3. Tightened inspection applies to shipments and goods in one of the following cases:

a) Shipments or goods items do not meet the import requirements at the previous inspection;

b) Shipments and goods items fail to meet requirements during inspection (if any);

c) There are warnings by the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, the provincial People’s Committee or the competent authorities in foreign countries or manufacturers.

4. Tightened inspection shall be changed into normal inspection method in the following cases:

a) For cases specified at Points a and b, Clause 3 of this Article, if after applying the strict inspection method for three consecutive times, the results satisfies the import requirements;

b) For the case specified at Point c, Clause 3 of this Article, when there is a written notice to stop the tightened inspection of the Ministry of Health, the Ministry of Agriculture and Rural Development or the Ministry of Industry and Trade of Vietnam.”

II. Dossier for inspection method for food safety

1. Application for reduced inspection for food safety

– Product self-declaration

– 03 (three) Satisfactory results of consecutive normal inspections, or certified true copies or consularly legalized copies of either GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000 certificate or equivalent remain valid at the time of submission;
– In the case of products of aquatic origin and terrestrial animals, except for processed and pre-packaged products, there must be a certificate of compliance with food safety regulations issued by the agency. authorized by the exporting country (original copy).

2. Application for normal inspection and tightened inspection for food safety

– Registration for imported food inspection as prescribed in Form No. 04 Annex I issued together with this Decree;
– Product self-Declaration
– 03 (three) Satisfactory results of consecutive normal inspections under the tightened inspection method for shipments, which are subject to change from tightened inspection to normal inspection ( original);
– A copy of the List of goods (Packing list);
– a certificate of satisfaction of food safety regulations issued by the competent authority of the exporting country (the original), except for fish caught and processed by foreign vessels and sold to Vietnam market (if any)

III. Timeline and procedure of Food Safety inspection

1. Reduced inspection for food safety

Within 03 (three) working days, from the date of receipt of the dossier, the customs office shall have to inspect the dossier and clear the goods. In case of requesting additional documents, the reasons and legal grounds of the request must be clearly stated.

2. Normal inspection for food safety

– Before or when goods arrive at the border gates, the goods owners shall submit the inspection registration dossiers to the inspecting authority or National Single-window Information Portal of the Ministry of Health, the Ministry of Agriculture and Rural Development or the Ministry of Industry and Trade (if applicable);
– Within 03 (three) working days, from the date of receipt of the dossier, the state inspection agency shall check the dossier and issue a notice of whether the inspection result is satisfactory. In case of requesting additional documents, the reasons and legal grounds of the request must be clearly stated;
– Goods owners shall submit notices on the results of certification of imported food to customs offices for goods clearance.

3. Tightened inspection for food safety

– Before or when goods arrive at the border gates, the goods owners shall submit the inspection registration dossiers to the inspecting authority or National Single-window Information Portal of the Ministry of Health, the Ministry of Agriculture and Rural Development or the Ministry of Industry and Trade (if applicable);
– Within 07 working days from the date of receipt of the dossier, the state inspection agency shall check the dossier and issue a notice of whether the inspection result is satisfactory. In case of requesting additional documents, the reasons and legal grounds of the request must be clearly stated;
– Goods owners shall submit notices on the results of certification of imported food to customs offices for goods clearance

Form No. 04

REGISTRATION OF IMPORTED FOODS INSPECTION

Form No. 05

NOTICE OF SATISFACTORY/UNSATISFACTORY RESULTS OF NORMAL INSPECTIONS

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