Food and Agricultural Import Regulations and Standards

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intention to replace Vietnam s current Decree 38 2012 of the Government guiding the. implementation of the Law of Food Safety Should Vietnam enact a new Decree Post will issue a. new FAIRS Narrative and Export Certificate Report incorporating any regulatory changes. Table of Contents,Section I General Food Laws 4,Section II Food Additives Regulations 6. Section III Pesticides and Other Contaminants 6,Section IV Packaging and Container Regulations 8. Section V Labelling Requirements 8,1 General requirements 8. 2 Other specific labelling requirements 9,2 1 Labelling food additives 9. 2 2 Labelling irradiated food 9,2 3 Labelling functional food 10.
2 4 Labelling genetically engineered food GE food 10. Section VI Other Specific Standards 11, 1 General guidance on the import of agricultural products 11. 2 Importation of live aquatic animals for consumption 12. 3 National technical regulations on food quality and safety 13. 4 Micronutrients and fortified food 15,Section VII Facility and Product Registration 16. 1 Facility Registration 16,2 Product Registration 18. 2 1 Foodstuffs of animal origin 18,2 2 Processed Food 18. 2 3 Genetically Engineered Plants for use as food and feed 21. 2 4 Animal Feed 22, Section VIII Other Certification and Testing Requirements 23.
3 Food safety inspection regulated by MOH 23,2 Food safety inspection regulated by MOIT 26. 3 Quarantine and food safety inspections regulated by MARD 26. 3 1 Quarantine and Food Safety Inspections for Imported Goods of Plant Origin 26. 3 2 Quarantine and Food Safety Inspection for Imported Goods of Animal Origin 29. 4 Food safety monitoring 34,5 Quality Inspection of Animal Feed 35. Section IX Import Procedures 37,Section X Copyright and or Trademark Law 39. 1 Laws on Intellectual Property IPL 39, 2 Related regulations on trade mark registration 39. 3 Procedures for registration of marks 40,APPENDICES 41.
Appendix I Government Regulatory Agency Contacts 41. Appendix II Other Import Specialist Contacts 43,Abbreviated terms for easy reference. MOH Ministry of Health Vietnam,VFA Vietnam Food Administration MOH. MARD Ministry of Agriculture and Rural Development Vietnam. DAH Department of Animal Health MARD,PPD Plant Protection Department MARD. DLP Department of Livestock Production MARD, NAFIQAD National Agro Forestry Fishery Quality Assurance Department MARD. NOIP National Office of Intellectual Property of Vietnam MOST. CFS Certificate of Free Sale,FBOs Food Business Operators.
GDC General Department of Customs,MOST Ministry of Science and Technology. MOIT Ministry of Industry and Trade,DOF Directorate of Fisheries MARD. FSL Law on Food Safety,GOV Government of Vietnam,WTO World Trade Organization. Section I General Food Laws, Vietnam s National Assembly promulgated the Law on Food Safety 55 2010 QH12 on June 17. 2010 and which entered into force on July 1 2011 The Law on Food Safety FSL provides. organizations and individuals with rights and responsibilities to ensure food safety conditions. for food safety food production and trading food import and export food advertisement and. labeling food testing food risk analysis prevention and dealing with food safety incidents. information education and communication on food safety and state management of food safety. According to the FSL all imported food food additives substances used in food processing and. tools and materials used for packing and containing imported food shall be subject to state. inspection for food safety except in cases where the state inspection of food safety is exempt in. accordance with governmental provisions Imported food is only granted customs clearance. once inspection results show that the products in question meet import requirements The Food. Safety Law outlines three categories of food inspection 1 Strict Inspection 2 Ordinary. Inspection and 3 Simplified Inspection Depending on the type of product MOH the Ministry. of Agriculture and Rural Development MARD or the Ministry of Industry and Trade MOIT. are responsible for the development of specific guidelines on food safety inspection. Pursuant to the FSL the Government of Vietnam GVN promulgated Decree 38 2012 ND CP. dated April 25 2012 detailing implementation of a number of articles of the Law on Food. Safety Decree 38 provides guidance to MARD MOIT and MOH on implementing provisions. of the FSL including 1 Declaration of conformity to technical regulations or food safety. Regulations 2 Safety requirements for genetically engineered foods 3 Granting and. withdrawing food safety certificates for establishments that meet food safety requirements 4. State inspection on food safety for imported and exported foods 5 Labeling of food products. and 6 the Delegation of responsibilities for the state management of food safety to the relevant. Ministries including MOH MARD and MOIT Please refer to GAIN report VM3032 for more. information, On March 3 2017 MOH s Vietnam Food Administration VFA notified the amendment of.
Decree 38 2012 to the World Trade Organization WTO as G SPS N VNM 88 which allowed. for the exemption of food safety inspections and declarations of conformity for technical. regulations for food ingredients imported for processing exports At that time Decree 38 2012. included only these changes and was expected to be released in April However on November. 23 2017 VFA published a new Decree that would replace Decree 38 in an attempt to streamline. and clarify a number of roles and responsibilities of Vietnam s ministries in relation to food. import regulations The GVN has yet to finalize the amendment of Decree 38 as of December. 2017 FAS Hanoi will continue to follow this issue report on any developments and issue a. new FAIRS Narrative and Export Certificate report if warranted. In order to specify the responsibilities on food safety management among MOH MARD and. MOIT the GVN issued Inter Ministerial Circular 13 2014 TTLB BYT BNNPTNT BCT on. April 9 2014 regarding guidelines for assignments and coordination of state management of. food safety This Circular entered into force on May 26 2014 Importantly Circular 13. provides the detailed lists of food products under MOH MARD and MOIT management in. Appendix 1 2 and 3 respectively clarifies which Vietnamese Ministry is responsible for what. set of food products and applies to both domestically produced foods and imported food. The major distinction worth noting in Circular 13 is that any addition of a nutrient mineral or. additive is enough for the GVN to consider the product a functional food and as a result for the. food safety responsibility to shift from MARD and MOIT to MOH For example a fruit juice. product is normally under the food safety jurisdiction of MOIT However if the fruit juice has. an added vitamin and or mineral ingredient jurisdiction then shifts to MOH The Circular. specifies VFA MARD s National Agro Forestry and Fishery Quality Assurance Department. NAFIQAD and MOIT s Science and Technology Department STD as the key government. agencies responsible for the Circular s implementation Please refer to GAIN report VM4029. for more information, In order to handle administrative violations in food production and trade food import and export. the GVN issued Decree 178 2013 ND CP dated November 14 2013 Depending on the nature. of violations a range of administrative fines and additional sanctions shall apply such as. withdrawal of Certificates of Establishment satisfying the Conditions for Food Safety. enforcement of a recall of imported products which are subject to mandatory inspection at border. checkpoints but not examined by inspection bodies and enforcement of re export destruction or. changing the purpose of use of an imported irradiated food functional food or genetically. engineered food which are not accompanied by a Certificate of Free Sale or Health Certificate. Please refer to GAIN report VM4030 for more information. In addition under Article 317 of the new Penal Code 100 2015 QH13 which will take effect. from January 1 2018 a certain number of violations such as using banned substances in the. manufacture preparation processing preservation of food or processing providing or selling. food with the knowledge that it does not comply with technical or food safety regulations will. be considered a criminal offense As a result as of December 2017 MOH VFA published a. draft Decree which would replace Decree 178 2013 link http www vfa gov vn du thao gop. y nghi dinh quy dinh xu phat vi pham hanh chinh ve an toan thuc pham du thao 6 html This. draft currently imposes more severe penalties and additional sanctions for violations in food. production and trade FAS Hanoi will continue to monitor this development and will publish a. GAIN report if the GVN does approve and issue this new Decree. Section II Food Additives Regulations, MOH issued Circular 27 2012 TT BYT titled the Guidance on the Management of Food. Additives dated November 30 2012 to formalize food additive regulations contained in the. FSL Circular 27 2012 took effect on February 1 2013. On May 11 2015 MOH issued Circular 8 2015 TT BYT to amend and supplement food. additive managing provisions regulated in Circular 27 2012 TT BYT Accordingly seven new. food additives have been added to the List of food additives allowed for use in Vietnam The. Appendix amending and supplementing the maximum levels of some food additives allowed in. food which are specified in Appendix 2 of Circular 27 2012 TT BYT is included in this Circular. Circular 8 2015 TT BYT entered into force on July 1 2015 Please refer to GAIN report. VM5044 for more information, In order to consolidate the amended provisions MOH issued the Consolidation of Circulars on. the Management of Food Additives 2 VBHN BYT dated June 15 2015 The Consolidation 2. VBHN BYT provides the full list of additives approved for use in Appendix 1 and their. maximum use levels in food in Appendix 2 The Vietnamese version of this Consolidation is. available at https thuvienphapluat vn van ban The thao Y te Van ban hop nhat 02 VBHN. BYT 2015 hop nhat Thong tu huong dan viec quan ly phu gia thuc pham 280909 aspx. The list of Harmonized Schedule HS Codes for food additives and food processing aids was. promulgated in conjunction with Circular 40 2016 TT BYT dated November 4 2016 The list is. available at http vasep com vn Thu Vien Van Ban 1132 46104 Thong tu so 402016TT BYT. Danh muc thuc pham phu gia thuc pham chat ho tro che bien thuc pham va dung cu vat lieu. bao goi chua dung thuc pham theo ma so HS htm, In September 2017 MOH VFA has published a draft Circular on their website replacing Circular. 27 2012 on food additives management and are inviting public comments. http www vfa gov vn du thao gop y gop y du thao thong tu quy dinh ve su dung va quan ly. phu gia thuc pham html Vietnamese only However as of December 2017 MOH VFA has. not yet notified the WTO regarding this amendment FAS Hanoi will continue to follow this. issue and report on any developments,Section III Pesticides and Other Contaminants.
On May 15 2014 MOH notified the World Trade Organization WTO of G SPS N VNM 55. an amendment of MRLs in food and finally issued Circular 50 2016 TT BYT providing MRLs. for pesticides in food on December 30 2016 VM7026 This Circular took effect from July 1. 2017 completely replacing Section 8 of MOH s Decision 46 2007 QD BYT dated December. 19 2007 regarding pesticides MRLs in food, As stipulated in this Circular the GVN has updated and supplemented MRLs for two hundred. and five 205 compounds for a wide range of foods including fruits vegetables cereals nuts. coffee tea and products meat fat skin and offal eggs milk dairy products dried food. vegetable oils and spices MRLs for certain compounds e g endosulfan endrin lindane. whose use has currently been banned by MARD Circular 3 2016 TT BNNPTNT are still. maintained in accordance with Codex standards, Other food tolerance regulations promulgated by MOH include. The National Technical Regulation QCVN 8 1 2011 promulgating the tolerance of. mycotoxin contamination in food This regulation sets up the maximum limits of aflatoxin. ochratoxin A and other mycotoxins in many types of food for example nuts corn rice raw. milk milk powder spices food formula for babies etc. The National Technical Regulation QCVN 8 2 2011 promulgating the tolerance of heavy. metal contamination in food This regulation establishes the safety limits for levels of. contamination of arsenic cadmium lead mercury methyl mercury and zinc allowed in food. The National Technical Regulation QCVN 8 3 2012 BYT promulgating the tolerance of. microbiological contamination in food This regulation prescribes the limits of microbiological. contamination in food for milk and dairy eggs and products from eggs meat and products from. meat aquaculture products nutrition products for children aged 0 to 36 months old bottled. natural water bottled water and instant use ice cream vegetables and fruits and products from. vegetables and fruits, MOH s Circular 24 2013 TT BYT dated August 14 2013 promulgating the national. technical regulation on the tolerance of veterinary medicine residue in food. Circular 24 2014 is currently the only regulation in force on MRLs for veterinary drugs as. MARD repealed Circular 29 2010 TT BNNPTNT dated May 5 2010 promulgating the. maximum limits for certain products of animal origin starting from July 17 2017 On September. for food safety food production and trading food import and export food advertisement and labeling food testing food risk analysis prevention and dealing with food safety incidents information education and communication on food safety and state management of food safety According to the FSL all imported food food additives substances used in food processing and tools and

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