THE NATIONAL ASSEMBLY

Law No. 55/2010/QH12

SOCIALIST REPUBLIC OF VIET NAM

Independence – Freedom – Happiness

Ha Noi, June 17, 2010

LAW ON FOOD SAFETY

Pursuant to the 1992 Constitution of the Socialist Republic of Viet Nam, as amended and supplemented by Resolution No. 51/2001/QH10, the National Assembly promulgates the Law on Food Safety.

CHAPTER I – GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for rights and obligations of organizations and individuals in assuring food safety; conditions for assuring the safety of food, food production and trading, import and export of food; food advertising and labeling; food testing; food safety risk analysis; prevention, stopping and remedying of food safety incidents; information, education and communication on food safety; and responsibilities for state management of food safety.

Article 2. Interpretation of terms

In this Law, the following terms are construed as follows: (1) Food safety means assurance that food does not harm human health or life. (2) Food-borne disease means disease caused by consuming food contaminated with pathogens. (3) Food processing aid means a substance intentionally used during processing of food materials or food ingredients for a technological purpose and which may be removed from, or remain in, the food. (4) Food processing means treating preliminarily processed food or fresh food by industrial or manual methods to create food materials or food products. (5) Catering service establishment means a food preparation establishment, including shops and stalls selling ready-to-eat or cooked food, restaurants, ready-meal establishments, canteens and collective kitchens. (6) Food safety assurance conditions mean technical regulations and other regulations applicable to food, food producers and traders and food production and trading activities, issued by competent state agencies for the purpose of assuring food safety for human health and life. (7) Food testing means one or more testing and assessment activities to evaluate conformity with relevant technical regulations and standards applicable to food, food additives, processing aids, food fortifiers, packages, tools and food containers. (8) Food trading means one or more or all activities of food display, preservation services, transportation services or sale of food. (9) Food product lot means a specified quantity of products of the same name, quality, materials and shelf life and produced by the same establishment. (10) Food poisoning means a pathological condition caused by absorption of contaminated or toxic food. (11) Food contamination risk means the possibility that contaminants enter food during production or trading. (12) Food contamination means the presence of contaminants in food harmful to human health or life. (13) Food additive means a substance, whether or not it has nutritional value, intentionally added to food during production to preserve or improve food characteristics. (14) Food production means one or more or all activities of cultivation, animal husbandry, harvesting, fishing, exploitation, preliminary processing, processing, packaging and preservation to create food. (15) Primary production means one or more or all activities of cultivation, animal husbandry, harvesting, fishing and exploitation. (16) Preliminary processing of food means treatment of cultivated, reared, harvested, caught or exploited products to create fresh food which may be eaten immediately, food materials or semi-finished products for food processing. (17) Food safety incident means a circumstance caused by food poisoning, food-borne disease or another food-related situation directly harmful to human health or life. (18) Contaminant means an unwanted element not intentionally added to food and likely to adversely affect food safety. (19) Shelf life means the period during which food retains nutritional value and safety under preservation conditions shown on the label in accordance with the producer’s instructions. (20) Food means products eaten or drunk by humans in fresh, preliminarily processed, processed or preserved form, excluding cosmetics, tobacco and substances used as pharmaceuticals. (21) Fresh food means unprocessed food, including meat, eggs, fish, aquatic products, fresh vegetables, tubers, fruits and other unprocessed foods. (22) Micronutrient-fortified food means food supplemented with vitamins, minerals or trace elements to prevent or remedy deficiency of such substances for public health or a specific community group. (23) Functional food means food used to support functions of the human body, create comfort, increase resistance and reduce disease risk, including supplements, health protection foods and medical nutrition foods. (24) Genetically modified food means food with one or more ingredients containing genes modified by genetic technology. (25) Irradiated food means food irradiated with a radioactive source for treatment and prevention of deterioration. (26) Street food means food prepared for immediate eating or drinking and sold by street vendors or displayed on streets, public places or similar locations. (27) Prepackaged food means food packaged and labeled completely and ready for direct sale for further processing or immediate consumption. (28) Food traceability means tracing the formation and circulation history of food.

Article 3. Principles of food safety management

Food safety assurance is the responsibility of all organizations and individuals producing or trading food. Food production and trading are conditional activities and producers and traders are responsible for the safety of food they produce or trade. Food safety management must be based on relevant technical regulations, regulations issued by competent authorities and standards announced for application by producers or traders. Management must be conducted throughout production and trading on the basis of food safety risk analysis, must ensure clear assignment, decentralization and inter-sector coordination, and must satisfy socio-economic development requirements.

Article 4. State policies on food safety

The State shall develop strategies and master plans on food safety assurance and safe food production zones along the food supply chain as priority tasks; use state and other resources for scientific research, technology application, risk analysis, laboratories, safe material zones, wholesale markets and industrial slaughterhouses; encourage technology renewal, production scaling, high-quality and safe foods, micronutrient fortification, brand building and safe food supply systems; establish a legal framework and roadmap for compulsory application of GMP, GAP, GHP, HACCP and other advanced food safety management systems; expand international cooperation and mutual recognition in food; promptly reward organizations and individuals producing and trading safe food; encourage participation in standards, technical regulations and testing; and increase education and communication to improve consumer awareness and business ethics.

Article 5. Prohibited acts

The following acts are prohibited: using non-food materials for food processing; using expired, unsafe or unclear-origin food materials; using expired or unpermitted food additives or processing aids, using them in excess of permitted limits, or using chemicals of unclear origin or prohibited chemicals; using animals that died from disease, epidemic or unknown causes, or animals subject to destruction, for food production or trading; producing or trading food that violates labeling rules, fails to conform to technical regulations, is deteriorated, contains toxins or contaminants beyond permitted limits, has unsafe or damaged packages or containers causing contamination during transportation, is meat or meat products not subject to or failing veterinary inspection, is prohibited for epidemic prevention and control, has not registered conformity declaration when required, or is of unclear origin or expired; using vehicles capable of contaminating food or not cleaned after carrying toxic substances; providing false or forged food testing results; concealing, falsifying or destroying scenes or evidence of food safety incidents or obstructing detection and remedy; allowing persons with contagious diseases to participate in food production or trading; producing or trading food at establishments without the required certificate of food safety eligibility; advertising food untruthfully or causing consumer confusion; publishing false food safety information causing social concern or business damage; and illegally using roadbeds, pavements, corridors, common yards, passages or common auxiliary areas for street food processing, production or trading.

Article 6. Handling of violations of food safety law

Food producers and traders violating food safety law shall, depending on the nature and severity of violations, be administratively sanctioned or examined for criminal liability; if damage occurs, compensation and remedial action must be made. Persons abusing positions or powers to violate this Law or other food safety regulations shall be disciplined or examined for criminal liability and must compensate damage where applicable. Administrative fines shall comply with the law on administrative violations; where the maximum fine is lower than seven times the value of violating food, a fine of up to seven times that value may be imposed, and unlawful proceeds shall be confiscated. The Government shall specify acts, sanctioning forms and sanctioning levels for administrative violations in food safety.

CHAPTER II – RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS IN ASSURING FOOD SAFETY

Article 7. Rights and obligations of food producers

Food producers have the right to decide and announce product standards; apply internal control measures; request traders to cooperate in recalling and handling unsafe food; choose conformity assessment and designated testing bodies for conformity certification; use standard and regulation conformity marks and other marks as prescribed; lodge complaints, denunciations or lawsuits; and claim compensation. Food producers must comply with food safety conditions, assure safety during production and take responsibility for produced food; comply with fortification regulations; provide complete and accurate product information on labels, packages and accompanying documents; establish self-inspection processes; provide truthful safety information, timely warnings and transportation, storage, preservation and use requirements; promptly stop production and notify related parties when unsafe or non-conforming food is detected; keep dossiers, samples and traceability information; recall and handle expired or unsafe food and bear destruction costs; comply with law and inspection/examination decisions; pay sampling and testing costs as prescribed; and compensate damage caused by unsafe food they produce.

Article 8. Rights and obligations of food traders

Food traders may decide internal control measures to maintain food quality, hygiene and safety; request producers and importers to cooperate in recalling and handling unsafe food; choose testing establishments and designated testing establishments for imported food conformity certification; lodge complaints, denunciations and lawsuits; and claim compensation. Food traders must comply with safety conditions during trading and take responsibility for traded food; check origin, labels and safety-related documents and keep food dossiers; comply with traceability regulations under Article 54; provide truthful safety information and inform consumers of transportation, storage, preservation and use conditions; promptly provide risk information and preventive measures when warned by producers or importers; promptly stop trading and inform producers, importers and consumers when unsafe food is detected; report and remedy food poisoning or food-borne diseases caused by traded food; cooperate in investigation, recall and handling; comply with inspections and examinations; pay sampling and testing costs; and compensate damage caused by unsafe food they trade.

Article 9. Rights and obligations of food consumers

Food consumers have the right to truthful safety information, instructions on use, transportation, storage, preservation, selection and consumption; risk warnings and preventive guidance; request producers and traders to protect their interests; request consumer protection organizations to protect lawful rights; lodge complaints, denunciations and lawsuits; and receive compensation for damage caused by unsafe food. Consumers must comply with regulations and instructions on food transportation, storage, preservation and use; promptly provide information when detecting food safety risks and report food poisoning or food-borne diseases to the nearest People’s Committee, medical establishment, competent authority, producer or trader; and comply with environmental protection law during food use.

CHAPTER III – FOOD SAFETY ASSURANCE CONDITIONS

Article 10. General food safety assurance conditions

Food must meet relevant technical regulations and limits on pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, contaminants and other substances capable of harming human health or life. Depending on food type, food must also comply with regulations on food additives and processing aids, food packaging and labeling, and food preservation.

Article 11. Safety assurance conditions for fresh food

Fresh food must meet Article 10 conditions, ensure traceability under Article 54, and, for fresh food of animal origin, have veterinary hygiene certification issued by competent veterinary authorities in accordance with veterinary law.

Article 12. Safety assurance conditions for processed food

Processed food must meet Article 10 conditions. Original materials must be safe and retain inherent properties, and materials forming the food must not interact to create products harmful to human health or life. Prepackaged processed food must register conformity declaration with a competent state agency before circulation. The Government shall specify registration and validity of conformity declarations for prepackaged processed food.

Article 13. Safety assurance conditions for micronutrient-fortified food

Micronutrient-fortified food must meet Article 10 conditions. Original materials must be safe and retain inherent properties, and materials must not interact to create harmful products. Only vitamins, minerals and trace elements may be added, at levels not harmful to health or life and within the list prescribed by the Minister of Health.

Article 14. Safety assurance conditions for functional food

Functional food must meet Article 10 conditions, have scientific information and documents proving the effects of ingredients forming the declared function, and, when first placed on the market, have an efficacy testing report. The Minister of Health shall specify management of functional foods.

Article 15. Safety assurance conditions for genetically modified food

Genetically modified food must meet Article 10 conditions and comply with Government regulations on assurance of safety for human health and the environment.

Article 16. Safety assurance conditions for irradiated food

Irradiated food must meet Article 10 conditions, belong to a group of food permitted for irradiation, and comply with irradiation-dose regulations. The Ministers of Health, Agriculture and Rural Development, and Industry and Trade shall issue lists of food groups permitted for irradiation and permitted irradiation doses within their assigned domains.

Article 17. Safety assurance conditions for food additives and processing aids

Food additives and processing aids must meet relevant technical regulations and regulations on additives and processing aids; have use instructions on labels or accompanying documents for each product unit in Vietnamese and another language according to product origin; be included in the list permitted for food production and trading issued by the Minister of Health; and register conformity declarations with competent state agencies before circulation. The Government shall specify registration and validity.

Article 18. Safety assurance conditions for food-contact tools, packages and containers

Food-contact tools, packages and containers must be produced from safe materials, not release toxic substances or strange smells/tastes into food, and assure food quality during shelf life; meet relevant technical regulations and regulations issued by the Minister of Health; and register conformity declarations with competent state agencies before circulation. The Government shall specify registration and validity.

CHAPTER IV – FOOD SAFETY ASSURANCE CONDITIONS IN FOOD PRODUCTION AND TRADING

Section 1. General conditions

Article 19. Conditions for food production and trading establishments

Food production and trading establishments must have suitable locations and area and safe distance from toxic, contaminating and harmful sources; sufficient water meeting technical regulations; adequate equipment for handling materials, processing, packaging, preserving and transporting different foods and adequate washing, disinfection and pest-control equipment; waste treatment systems operating regularly in accordance with environmental law; maintain food safety conditions and keep records on origin of food materials and other documents for the whole process; and comply with health, knowledge and practice requirements for persons directly producing or trading food. The Ministers of Health, Agriculture and Rural Development, and Industry and Trade shall issue national technical regulations and specify conditions in their assigned domains.

Article 20. Food preservation conditions

Food producers and traders must have preservation places and means large enough for separate preservation of each food type, permitting safe and accurate loading and unloading and assuring hygiene; prevent adverse effects of temperature, humidity, insects, animals, dust, strange smells and the environment; ensure sufficient lighting and specialized equipment to adjust temperature, humidity, climate, ventilation and other special preservation conditions; and comply with preservation rules of producers and traders. Line ministers shall issue national technical regulations and specific conditions in their assigned domains.

Article 21. Food transportation conditions

Food transporters must use vehicles made from materials that do not contaminate food or packages and are easy to clean; maintain preservation conditions throughout transportation according to producer or trader instructions; and not transport food together with toxic goods or goods causing cross-contamination affecting food quality. Competent state agencies shall regulate food transport vehicles and routes for certain fresh foods in urban areas.

Article 22. Conditions for small-scale food production and trading

Small-scale establishments must maintain safe distance from toxic and contaminating sources; have sufficient technically qualified water; have suitable equipment not causing toxicity or contamination; use materials, chemicals, additives, processing aids, packages and containers in preliminary processing, processing and preservation in accordance with regulations; comply with health, knowledge and practice requirements; collect and treat waste under environmental law; maintain food safety conditions and keep trading information for traceability. Line ministers shall issue national technical regulations and specific conditions in their domains, and provincial People’s Committees shall issue local technical regulations and conditions for local particular foods.

Section 2. Fresh food production and trading

Article 23. Conditions for fresh food producers

Fresh food producers must meet requirements on cultivation land, water sources and production places; comply with laws on plant varieties, animal breeds, fertilizers, feed, plant protection drugs, veterinary drugs, growth/weight/sexual maturity stimulants, preservatives and other food-safety-related substances; comply with animal quarantine, slaughter hygiene and plant quarantine rules; treat waste under environmental law; use detergents, disinfectants and detoxifying substances safe for humans and the environment; and maintain conditions and records on origin of materials and the entire production process. The Minister of Agriculture and Rural Development shall specify conditions.

Article 24. Conditions for fresh food traders

Fresh food traders must meet conditions for food-contact tools, packages and containers, preservation and transportation under Articles 18, 20 and 21; and ensure and maintain hygiene at trading places. The Minister of Agriculture and Rural Development shall specify conditions.

Section 3. Preliminary processing, processing and trading in processed food

Article 25. Conditions for preliminary processors and processors

Preliminary processors and processors must meet Article 19 conditions and ensure that preliminary processing or processing does not contaminate food or expose food to contaminants or toxic elements.

Article 26. Conditions for food materials, additives, processing aids and micronutrients for processing

Materials used for processing must be within shelf life, of clear origin, safe and retain inherent properties; materials forming food must not interact to create products harmful to health or life. Use of micronutrients, additives and processing aids must comply with Articles 13 and 17.

Article 27. Conditions for processed food traders

Traders of prepackaged processed food must comply with labeling rules; meet conditions for food-contact tools, packages and containers and preservation under Articles 18 and 20; maintain hygiene at trading places; and preserve food as required by producers. Traders of non-prepackaged processed food must prevent spoilage, mold and contact with insects, animals, dust and contaminants; wash or sterilize tableware and containers before ready-to-eat food use; and obtain information on origin and production date.

Section 4. Catering service business

Article 28. Conditions for food processing places and catering service business

Kitchens must be arranged to prevent cross-contamination between raw and processed food; have sufficient technically qualified water; hygienic devices for collecting and containing waste; drains without stagnancy; dining rooms that are airy, cool, lit, clean and equipped against insects and harmful animals; preservation equipment and toilets, with daily waste collection; and heads of collective kitchens must take responsibility for food safety.

Article 29. Conditions for food processors and catering service providers

Such persons and establishments must have separate utensils and containers for raw and cooked food; ensure safety and hygiene of cooking and processing utensils; use tableware made of safe materials and kept clean and dry; and comply with health, knowledge and practice requirements for persons directly producing or trading food.

Article 30. Conditions for food processing and preservation in catering services

Only safe food and materials of clear origin may be used and food samples must be kept; food must be processed safely and hygienically; food for sale must be placed in glass showcases or hygienic preservation containers on tables or shelves above the ground, protected from dust, rain, sunlight, insects and harmful animals.

Section 5. Street food

Article 31. Conditions for street food display places

Street food must be displayed away from toxic and contaminating sources and on tables, shelves or means satisfying hygiene, safety and urban landscape requirements.

Article 32. Conditions for street food materials, containers, utensils and vendors

Materials for street food must meet safety requirements and have clear origin; eating utensils and containers must be hygienically safe; packages and materials in direct food contact must not contaminate food or release contaminants; protective equipment against sunlight, rain, dust, insects and harmful animals must be available; technically qualified water must be sufficient; and persons directly producing or trading must comply with health, knowledge and practice rules.

Article 33. Responsibilities for management of street food

The Minister of Health shall specify food safety conditions for street food. People’s Committees at all levels shall manage street food in their localities.

CHAPTER V – CERTIFICATES OF FOOD SAFETY ELIGIBILITY FOR FOOD PRODUCTION AND TRADING ESTABLISHMENTS

Article 34. Establishments and conditions for grant and withdrawal

An establishment shall be granted a certificate when it fully meets food safety conditions suitable to each type of production or trading under Chapter IV and has registered food production or trading in its business registration certificate. A certificate shall be withdrawn when the organization or individual no longer satisfies such conditions. The Government shall specify establishments not subject to certification.

Article 35. Competence to grant and withdraw certificates

The Ministers of Health, Agriculture and Rural Development, and Industry and Trade shall specify competence to grant and withdraw certificates of food safety eligibility within their assigned management domains.

Article 36. Dossiers, order and procedures for grant of certificates

A dossier comprises an application; a copy of business registration certificate; written explanation of satisfaction of food safety and hygiene conditions for facilities, equipment and tools; health certificates of the establishment owner and persons directly producing or trading food issued by district-level or higher health establishments; and certificates of training in food safety and hygiene knowledge for such persons as prescribed by line ministers. Producers and traders submit dossiers to competent state management agencies under Article 35. Within 15 days after receipt of a complete and valid dossier, the competent agency conducts field inspection and grants the certificate if conditions are met; refusal must be made in writing with reasons.

Article 37. Validity of certificates

A certificate of food safety eligibility is valid for three years. At least six months before expiry, if continued production or trading is desired, the producer or trader must submit a dossier for re-grant; dossiers, order and procedures comply with Article 36.

CHAPTER VI – FOOD IMPORT AND EXPORT

Section 1. Imported food

Article 38. Safety conditions for imported food

Imported food, additives, processing aids and imported food-contact tools, packages and containers must satisfy relevant conditions in Chapter III and must have technical regulation conformity announcements registered with a competent authority before import and have a notice of satisfaction of import requirements for each lot issued by a designated inspection agency as prescribed by line ministers. Functional food, micronutrient-fortified food, genetically modified food and irradiated food must additionally have a certificate of free sale or health certificate as prescribed by the Government. Where Viet Nam has not issued relevant technical regulations, international agreements or treaties to which Viet Nam is a contracting party apply.

Article 39. State food safety inspection for imported food

Imported food, additives, processing aids and imported food-contact tools, packages and containers are subject to state food safety inspection, except for cases exempted by the Government. Food imported from countries having treaties with Viet Nam on mutual recognition of food safety certification may be subject to reduced inspection, except where warnings or detected violations of Vietnamese food safety law exist. The Government shall specify exemptions and inspection order and procedures in exporting countries under treaties.

Article 40. Order, procedures and methods of state food safety inspection for imported food

Inspection order and procedures comply with product and goods quality law and the following: food may be transported to warehouses for preservation pending customs clearance only when inspection registration exists, and customs clearance shall only occur when written certification of satisfaction of import requirements is available. Inspection methods include tightened, normal and reduced inspection. Line ministers shall specify inspection agencies and application of inspection methods for imported food, additives, processing aids and food-contact tools, packages and containers.

Section 2. Exported food

Article 41. Safety conditions for exported food

Exported food must meet Viet Nam’s food safety conditions and conform to food safety regulations of importing countries according to contracts, treaties or international agreements on mutual recognition of conformity assessment results.

Article 42. Certification for exported food

Competent Vietnamese state agencies shall grant certificates of free sale, health certificates, certificates of origin or other certificates for exported food when requested by importing countries. Line ministers shall provide dossiers and procedures for such certificates within their assigned domains.

CHAPTER VII – FOOD ADVERTISING AND LABELING

Article 43. Food advertising

Food advertising shall be conducted by food producers, traders or advertising service providers under the law on advertising. Before registration for food advertising, organizations and individuals having food to be advertised must submit dossiers to competent authorities for certification of advertising contents. Advertising may be made only after content appraisal and must strictly comply with certified contents. Line ministers shall specify food types subject to advertising registration and competence, order and procedures for certification within their domains.

Article 44. Food labeling

Producers and importers of food, additives and processing aids in Viet Nam must label food under goods labeling law. Shelf life shall, depending on type, be expressed as expiry date, use-by date or best-before date. Functional foods, additives, irradiated foods and genetically modified foods must additionally comply with specific labeling requirements: functional food must bear the phrase indicating functional food and may not indicate drug-substitution effects; additives must show the phrase indicating food additive, scope of use, dosage and instructions; irradiated food must show the phrase indicating irradiated food; and certain genetically modified foods must show the phrase indicating genetically modified food. The Government shall, according to socio-economic conditions, specify food labeling, shelf life and genetically modified food types and gene-modified percentage to be shown on labels.

CHAPTER VIII – FOOD TESTING, RISK ANALYSIS, INCIDENT PREVENTION AND REMEDY

Section 1. Food testing

Article 45. Requirements for food testing

Food testing shall be conducted at the request of producers, traders or other related organizations and individuals, or for state food safety management. Testing for state management must be conducted by establishments designated by line ministers. Testing must ensure objectivity, accuracy and compliance with professional and technical regulations.

Article 46. Food testing establishments

A food testing establishment must have an organizational structure and technical capacity meeting national or international standards applicable to testing establishments; establish and maintain a management system meeting such standards; and register conformity assessment activities with a competent authority when certifying standard or technical regulation conformity. Testing establishments may provide testing services, collect fees and bear legal responsibility for testing results. Line ministers shall specify conditions.

Article 47. Testing for settlement of food safety disputes

Agencies competent to settle disputes shall designate testing-verification establishments to test disputed food; results serve as a basis for dispute settlement. Such establishments are state-run establishments satisfying Article 46 conditions. Line ministers shall specify conditions and eligible lists.

Article 48. Expenses for food sampling and testing

Sampling and testing expenses serving examination and inspection shall be paid by agencies deciding on such activities. If testing results lead those agencies to conclude that producers or traders violated food safety law, violators must refund costs. Organizations and individuals requesting sampling and testing pay costs themselves. Costs in disputes or complaints are paid by petitioners or complainants; if results confirm violation, violators refund such costs.

Section 2. Food safety risk analysis

Article 49. Objects subject to risk analysis

Risk analysis applies to foods with high poisoning rates; foods for which surveillance samples show high violation rates of technical regulations; environments or establishments suspected of causing contamination; and foods or establishments subject to risk analysis for management requirements.

Article 50. Food safety risk analysis

Risk analysis includes risk assessment, risk management and risk communication. Assessment includes investigation and testing to identify microbiological, chemical and physical hazards and determine risks, severity and scope of impacts on public health. Management includes implementing solutions to limit risks at each stage of the food supply chain and coordinating to limit risks in catering and other production/trading activities. Communication includes providing preventive information for poisoning and food-borne diseases and notifying, forecasting and building warning systems for food safety risks and food-borne diseases.

Article 51. Responsibility for risk analysis

The Ministries of Health, Agriculture and Rural Development, and Industry and Trade shall analyze food safety risks within their assigned management domains under Articles 49 and 50.

Section 3. Prevention and remedy of food safety incidents

Article 52. Prevention of food safety incidents

Organizations and individuals detecting signs of incidents must immediately notify the nearest health establishment, People’s Committee or competent authority. Prevention measures include ensuring safety during production, trading and consumption; education and dissemination of safety knowledge and practices; examination and inspection; risk analysis; investigation, survey and data storage; and food sample storage. People’s Committees implement preventive measures locally. The three line ministries organize surveillance and prevention programs and measures against foreign incidents likely to affect Viet Nam. The Ministry of Health coordinates establishment of a warning system.

Article 53. Remedy of food safety incidents

Organizations and individuals detecting domestic or foreign incidents affecting Viet Nam must notify competent authorities for prompt remedies. Remedies include detection, first aid and treatment of poisoned or affected persons; investigation of poisoning, causes and traceability; suspension of production or trading; recall and disposal of poisoning or disease-transmitting food on the market; notification to concerned organizations and individuals; and prevention of further poisoning and disease risks. People’s Committees remedy local incidents. The Minister of Health shall specify incident notification and coordinate measures against foreign incidents likely to affect Viet Nam. Suppliers of poisonous food must pay medical treatment costs and compensation under civil law.

Section 4. Traceability, recall and disposal of unsafe food

Article 54. Traceability of unsafe food

Producers and traders shall trace unsafe food at the request of competent authorities or when detecting unsafe products they produce or trade. Traceability duties include identifying and notifying unsafe lots; requesting agents to report quantities sold, stocked and on the market; and summarizing and reporting recall plans and disposal measures to competent authorities. Competent authorities inspect and supervise traceability.

Article 55. Recall and disposal of unsafe food

Foods subject to recall include food still marketed after shelf life; food not conforming to technical regulations; new-technology food not yet permitted for circulation; food deteriorated during preservation, transport or trading; food containing banned substances or contaminants beyond permitted limits; and imported food notified by competent authorities of exporting countries, other countries or international organizations to contain contaminants harmful to health or life. Recall may be voluntary by producers/traders or compulsory at the request of competent authorities. Disposal methods include correction of product defects or labeling errors, change of use purpose, re-export or destruction. Producers and traders must publicize recall information, recall and dispose within deadlines decided by authorities and pay costs; failure triggers coercive recall. Competent authorities decide recall and disposal based on violation severity, inspect recall, handle violations and directly recall/dispose in serious or urgent cases and request cost reimbursement. Line ministers shall specify recall and disposal within their domains.

CHAPTER IX – INFORMATION, EDUCATION AND COMMUNICATION ON FOOD SAFETY

Article 56. Purposes and requirements

Information, education and communication aim to raise public awareness, change backward behaviors and practices causing unsafe food, protect health and life, and promote business ethics and responsibility toward consumer health and life. Such activities must be accurate, timely, clear, simple and practical; suitable to national traditions, culture, identity, religions, ethics, beliefs, customs and practices; and suitable to each target group.

Article 57. Contents

Contents include knowledge and law on food safety; causes and identification of poisoning risks and food-borne diseases and measures to prevent and remedy incidents; exemplary models of safe production/trading; recall of unsafe foods; and handling of serious violators.

Article 58. Entities entitled to access information

All organizations and individuals have the right to access information, education and communication on food safety. Priority is given to consumers; managers and operators of food production/trading establishments and producers/traders; fresh food and small-scale producers/traders; and people in extremely difficult socio-economic areas.

Article 59. Forms

Forms include competent state agencies in charge of food safety, mass media, integration into teaching and learning in the national education system, cultural and community activities and mass/social organization activities, other public cultural forms, and food-safety inquiry points at line ministries.

Article 60. Responsibilities

Agencies, organizations and units shall conduct information, education and communication within their tasks and powers. The Minister of Health, line ministers and heads of relevant ministerial-level agencies shall direct accurate and scientific information and timely responses to false information. The Minister of Information and Communications shall direct mass media to regularly provide and integrate food safety communication. The Minister of Education and Training shall coordinate food safety education. People’s Committees provide information to local people. Mass media shall prioritize time and space for food safety information; such communication is free unless provided under separate contracts or financing. The Viet Nam Fatherland Front, mass organizations and social organizations shall conduct communication within their responsibilities.

CHAPTER X – STATE MANAGEMENT OF FOOD SAFETY

Section 1. Responsibilities for state management

Article 61. Responsibilities for state management

The Government performs unified state management of food safety. The Ministry of Health is answerable to the Government for state management of food safety. Ministries and ministerial-level agencies coordinate with the Ministry of Health within their tasks and powers. People’s Committees at all levels perform state management locally.

Article 62. Responsibilities of the Ministry of Health

The Ministry of Health shall assume prime responsibility for formulating and submitting national strategies and master plans on food safety and organizing implementation; issue national technical regulations on safety criteria and limits for food products and food-contact tools, packages and containers; request reports from ministries, sectors and provincial People’s Committees; prescribe general safety conditions for producers and traders; organize dissemination of food safety law and warn food poisoning incidents; and unexpectedly inspect and examine all stages in food production, import and trading under other ministries’ management when necessary. Within its sector, it shall formulate, promulgate or submit strategies, policies, plans and legal documents; manage safety of additives, processing aids, bottled water, mineral water, functional foods and other foods under Government regulations throughout production, preliminary processing, processing, preservation, transportation, export, import and trading; manage relevant packages and containers; and inspect, examine and handle violations.

Article 63. Responsibilities of the Ministry of Agriculture and Rural Development

This Ministry shall formulate, promulgate or submit policies, strategies, master plans, plans and legal documents on food safety in its domain and organize implementation; manage safety in primary production of agriculture, forestry, aquatic and salt products; manage safety throughout production, collection, slaughter, preliminary processing, processing, preservation, transportation, import, export and trading of cereals, meat and products, aquatic animals and products, vegetables, tubers, fruits and products, eggs and products, fresh milk, honey and products, genetically modified food, salt and other agricultural products under Government regulations; manage related packages and containers; report regularly or irregularly; and inspect, examine and handle violations.

Article 64. Responsibilities of the Ministry of Industry and Trade

This Ministry shall formulate, promulgate or submit policies, strategies, master plans, plans and legal documents on food safety in its domain and organize implementation; manage safety in production, processing, preservation, transportation, import, export and trading of liquor, beer, beverages, processed milk, vegetable oil, powder and starch products and other products under Government regulations; manage related packages and containers; promulgate policies and plans on markets and supermarkets and rules on food trading therein; assume prime responsibility for prevention and control of fake food and trade fraud in circulation and trading; report regularly or irregularly; and inspect, examine and handle violations.

Article 65. Responsibilities of People’s Committees at all levels

People’s Committees shall promulgate or submit local legal documents and technical regulations, formulate and implement plans for safe food production zones and establishments to ensure management of the whole supply chain; manage food safety locally, including small-scale establishments, street food, catering establishments and food safety at markets within their assigned domains; report regularly or irregularly; arrange and train human resources; organize information, education and communication to raise legal compliance, producer/trader responsibility and consumer awareness; and inspect, examine and handle violations locally.

Section 2. Food safety inspection

Article 66. Food safety inspection

Food safety inspection is specialized inspection conducted by health, agriculture and rural development, and industry and trade sectors under inspection law. The Government shall specify coordination between food safety inspectorates of ministries and other forces.

Article 67. Contents of food safety inspection

Inspection contents include compliance with technical standards and regulations applicable to production, trading and products; compliance with standards announced by producers; food advertising and labeling within the management scope; conformity certification and food testing; and compliance with other food safety legal provisions.

Section 3. Food safety examination

Article 68. Responsibilities for examination

Food safety management agencies under line ministries examine food production and trading under Articles 61 to 64. Provincial food safety management agencies examine locally under line-ministry regulations and provincial assignment. Inter-sector examination shall be coordinated by the lead agency with related ministries, ministerial-level agencies and provincial People’s Committees. Examination must ensure objectivity, accuracy, publicity, transparency and non-discrimination; confidentiality of relevant information pending official conclusions; no trouble for producers and traders; and legal responsibility for results and conclusions. Line ministers shall specify examination activities.

Article 69. Powers and tasks of food safety management agencies in examination

Within their tasks and powers, such agencies may establish teams for planned or unexpected examination; warn food safety risks; handle violations under Articles 30, 36 and 40 of the Law on Product and Goods Quality; and settle complaints and denunciations about team decisions and members’ acts. Their tasks include preparing annual plans and submitting them to competent authorities; receiving registration dossiers for safety testing of imported food and certifying imported food safety conditions; and issuing handling decisions within three working days after receiving examination reports on suspension of production or trading, sealing of food and suspension of advertisements of unsafe food.

Article 70. Examination teams

An examination team is established by decision of the head of a food safety management agency based on an approved program or plan or for unexpected examination. During examination, the team may request producers and traders to present related documents and provide copies where necessary; take samples; seal food, suspend sale of non-conforming food and suspend improper food advertisements in market examination and report within 24 hours; request remedial measures; propose handling by the management agency; comply with examination principles; and accurately and timely report results.

CHAPTER XI – IMPLEMENTATION PROVISIONS

Article 71. Effect

This Law takes effect on July 1, 2011. Ordinance No. 12/2003/PL-UBTVQH11 on Food Hygiene and Safety ceases to be effective from the effective date of this Law.

Article 72. Implementation detailing and guidance

The Government shall detail and guide implementation of assigned articles and clauses and guide other necessary provisions to meet state management requirements. This Law was passed on June 17, 2010 by the 12th National Assembly of the Socialist Republic of Viet Nam at its 7th session.