Vietnam Food and Agricultural Import Regulations and

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Table of Contents,Section I General Food Laws 3,Section II Food Additives Regulations 5. Section III Pesticides and Other Contaminants 5,Section IV Packaging and Container Regulations 7. Section V Labelling Requirements 7,1 General requirements 7. 2 Other specific labelling requirements 8,2 1 Labelling food additives 8. 2 2 Labelling irradiated food 8,2 3 Labelling functional food 8.
2 4 Labelling genetically engineered food GE food 9. Section VI Other Specific Standards 10, 1 General guidance on the import of agricultural products 10. 2 Importation of live aquatic animals for consumption 11. 3 National technical regulations on food quality and safety 12. 4 Micronutrients and fortified food 14,Section VII Facility and Product Registration 15. 1 Facility Registration 15,2 Product Registration 16. 2 1 Foodstuffs of animal origin 16,2 2 Processed Food 16. 2 3 Genetically Engineered Plants for use as food and feed 19. 2 4 Animal Feed 19, Section VIII Other Certification and Testing Requirements 21.
1 Food safety inspection regulated by MOH 21,2 Food safety inspection regulated by MOIT 23. 3 Quarantine and food safety inspection regulated by MARD 23. 3 1 Quarantine and food safety inspection for imported goods of plant origin 24. 3 2 Quarantine and food safety inspection for imported goods of plant origin 26. 4 Food safety monitoring 30,5 Quality inspection of animal feed 31. Section IX Import Procedures 32,Section X Copyright and or Trademark Law 34. 1 Laws on Intellectual Property IPL 34, 2 Related regulations on trade mark registration 34. 3 Procedures for registration of marks 35,APPENDICES 37.
Appendix I Government Regulatory Agency Contacts 37. Appendix II Other Import Specialist Contacts 41, Appendix III List of Food Safety Inspection Bodies assigned by MOH and MOIT 42. Abbreviated terms for easy reference,MOH Ministry of Health Vietnam. VFA Vietnam Food Administration, MARD Ministry of Agriculture and Rural Development Vietnam. DAH Department of Animal Health Vietnam,PPD Plant Protection Department Vietnam. DLP Department of Livestock Production Vietnam, NAFIQAD National Agro Forestry Fishery Quality Assurance Department Vietnam.
NOIP National Office of Intellectual Property of Vietnam. 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. FSL Law on Food Safety,GOV Government of Vietnam,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 the inspection results. show that the products meet import requirements The Food Safety Law outlines three categories of. food inspection 1 Strict Inspection 2 Ordinary Inspection and 3 Loose Inspection Depending on. the type product MOH the Ministry of Agriculture and Rural Development MARD or the Ministry of. Industry and Trade MOIT are in charge of developing 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 some 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, In order to specify the responsibilities on food safety management among MOH MARD and MOIT.
Inter Ministerial Circular 13 2014 TTLB BYT BNNPTNT BCT was issued 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 Appendices 1 2 and 3 respectively This provides. additional clarification regarding which Vietnamese Ministry is responsible for what set of food. products and applies to both domestically produced foods and imported food products The. responsibility of health inspection and customs clearance of imported food products is divided among. the three Ministries as outlined in Appendices 1 2 and 3. The major distinction worth noting in Circular 13 is that the addition of an added 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 shifts to MOH The Circular specifies the Vietnam Food. Administration VFA of MOH the National Agro Forestry and Fishery Quality Assurance Department. NAFIQAD of MARD and the Science and Technology Department STD of MOIT 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 the. violation a range of administrative fines and additional sanctions can be imposed The additional. sanctions may include 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,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 the regulations on food additives 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 the 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. 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. http congbao chinhphu vn noi dung van ban so 02 VBHN BYT 19671. 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,Section III Pesticides and Other Contaminants. Previously there were two systems of pesticide tolerances one regulated by MOH Decision. 46 2007 QD BYT and the other by MARD Circular 68 2010 TT BNNPTNT However the pesticide. tolerances as well as tolerances of microbiological contaminants regulated by MARD expired when. MARD Decision 853 dated March 16 2015 removed Circular 68 2010 TT BNNPTNT from the list of. MARD s regulations in force, Currently the maximum residue limits of pesticide in food are specified in Part 8 of Decision.
46 2007 QD BYT promulgating the maximum limits of chemical and biological contaminants in food. As stipulated in this Decision the maximum limits of pesticide residues are established for a wide range. of foods including fruit vegetables cereals nuts coffee tea and products meat fat skin and offal. eggs milk dairy products dried food vegetable oils and spices. 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. Circular 24 2013 TT BYT dated August 14 2013 by MOH promulgating the national technical. regulation on the tolerance of veterinary medicine residue in food. It should be noted that Circular 29 2010 TT BNNPTNT dated May 5 2010 by MARD promulgating the. maximum limits for certain products of animal origin was still included in the list of MARD s. regulations in force until March 31 2016 However pursuant to the Law on Food Safety MOH is the. only governmental Ministry responsible for promulgating food tolerances in the form of national. technical regulations therefore only tolerances for chemical and microbiological contaminants. regulated by MOH are currently applied in food safety inspection including food safety inspection of. imported products, As declared by Vietnam s competent authorities the maximum limits of food contamination are usually. based on Codex Alimentarius CODEX standards However maximum residue levels do not. completely exist for all types of pesticides as well as veterinary drugs approved for use in Vietnam. Under the Law on Plant Health MARD s Department of Plant Protection PPD is the governing. authority for registration of crop pesticides for use in Vietnam PPD is also the governing authority for. the pesticide residue inspection of imported food of plant origin and conducts the entry port inspection. for both food safety and plant quarantine,Section IV Packaging and Container Regulations. Pursuant to the FSL and the Law of Standards and Technical Regulations MOH issued three national. technical regulations on food safety and hygiene for packages containers and equipment directly in. contact with food as follows, QCVN 12 1 2011 BYT on food safety and hygiene for synthetic resin packages containers and. equipment in direct contact with food, QCVN 12 2 2011 BYT on food safety and hygiene for rubber packages containers and equipment.
in direct contact with food, QCVN 12 3 2011 BYT on food safety and hygiene for metallic packages containers and equipment. in direct contact with food, According to the FSL food packages containers and equipment in direct contact with food must. register an Announcement on Conformity with Technical Regulations and Food Safety Regulations with. MOH before being circulated on the market Decree 38 2012 and Circular 19 2012 TT BYT dated. November 9 2012 providing guidelines on the Announcement on Conformity with Technical. Regulations and Food Safety Regulations stipulate in detail the registration procedures of the. Announcement of Technical Regulation Conformity for food as well as for food packages containers. and equipment in direct contact with food,Section V Labelling Requirements. for food and feed and Section VIII 5 Quality inspection of animal feed Additionally new sections added to this report include Section VI 4 Micronutrients and fortified food and Section VIII 4 Food safety monitoring Thu M Pham and Benjamin Petlock Mark A Dries FAIRS Country Report Food and Agricultural Import Regulations and Standards

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