Food Safety Law 2010 (55/2010/QH12)

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, as amended and supplemented by a number of articles according to 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 stipulates the rights and obligations of organizations and individuals in ensuring food safety; conditions for ensuring the safety of food, production, business of food, and import and export of food; advertising, food labeling; food testing; risk analysis for food safety; prevention, control, and handling of food safety incidents; information, education, and communication about food safety; state management responsibilities regarding food safety.

Article 2. Interpretation of terms

In this Law, the following terms are understood as follows:

1. Food safety is the assurance that food does not harm human health or life.

2. Foodborne disease is an illness caused by eating or drinking food contaminated with pathogens.

3. Food processing aids are substances deliberately used during the processing of food ingredients or food components to achieve technological purposes, which may be removed or remain in the food.

4. Food processing is the process of treating pre-processed or fresh food by industrial or manual methods to create food ingredients or food products.

5. Food service business establishments are facilities that process food, including stores, food stalls selling ready-to-eat food, cooked food, restaurants, ready meal processing facilities, canteens, and collective kitchens.

6. Conditions for ensuring food safety are technical standards and other regulations regarding food, food production and business establishments, and food production and business activities issued by the competent state management agency with the aim of ensuring that food is safe for human health and life.

7. Food testing is the implementation of one or more activities of testing, evaluating conformity with technical standards and corresponding standards for food, food additives, food processing aids, food supplements, packaging, tools, and materials containing food.

8. Food business is the implementation of one, some, or all activities of introduction, storage services, transportation services, or sale of food.

9. A batch of food products is a specified quantity of a type of product with the same name, quality, ingredients, expiration date, and produced at the same facility.

10. Food poisoning is a pathological condition caused by consuming contaminated food or food containing toxic substances.

11. The risk of food contamination is the likelihood of contaminants entering food during production or business activities.

12. Food contamination is the presence of agents that contaminate food, causing harm to human health and life.

13. Food additives are substances intentionally added to food during production, with or without nutritional value, in order to maintain or improve the characteristics of the food.

14. Food production is the execution of one, several, or all of the activities of crop cultivation, animal husbandry, harvesting, fishing, exploitation, preliminary processing, processing, packaging, and preservation to create food.

15. Primary production is the execution of one, several, or all of the activities of crop cultivation, animal husbandry, harvesting, fishing, and exploitation.

16. Food preliminary processing is the handling of products from crop cultivation, animal husbandry, harvesting, fishing, and exploitation in order to create fresh food that can be consumed immediately or to produce food ingredients or semi-finished products for the food processing stage.

17. Food safety incident is a situation arising from food poisoning, foodborne diseases, or other situations originating from food that directly harm human health or life.

18. Contaminating agent is an undesirable factor that is not intentionally added to food and has the potential to adversely affect food safety.

19. The shelf life of food is the period during which the food retains its nutritional value and ensures safety under storage conditions indicated on the label according to the manufacturer's instructions.

20. Food is a product that humans eat or drink in raw or processed, preserved form. Food does not include cosmetics, tobacco, and substances used as pharmaceuticals.

21. Fresh food is unprocessed food, including meat, eggs, fish, seafood, vegetables, tubers, fresh fruits, and other unprocessed foods.

22. Micronutrient-fortified food is food supplemented with vitamins, minerals, and trace elements aimed at preventing or correcting deficiencies of these substances for public health or specific groups within the community.

23. Functional foods are foods used to support the functions of the human body, create a comfortable state for the body, enhance immunity, reduce the risk of disease, including dietary supplements, health-protective foods, and medical nutrition foods.

24. Genetically modified foods are foods that have one or more ingredients with genes modified by genetic engineering.

25. Irradiated foods are foods that have been exposed to radiation from radioactive sources to process and prevent food spoilage.

26. Street food is food that is prepared for immediate consumption, typically sold through street vending, displayed on streets, public places, or similar locations.

27. Prepackaged foods are foods that are packaged and completely labeled, ready for direct sale for further processing or immediate consumption.

28. Food traceability is the process of tracking the formation and circulation of food.

Article 3. Principles of food safety management

1. Ensuring food safety is the responsibility of every organization and individual involved in food production and business.

2. Food production and business are conditional activities; organizations and individuals engaged in food production and business must be responsible for the safety of the food they produce and trade.

3. Food safety management must be based on corresponding technical standards, regulations issued by competent state management agencies, and standards announced and applied by producing organizations and individuals.

4. Food safety management must be implemented throughout the process of food production and business based on risk analysis regarding food safety.

5. Food safety management must ensure clear assignment and hierarchy as well as intersectoral coordination.

6. Food safety management must meet the requirements of socio-economic development.

Article 4. State policy on food safety

Amended and supplemented provisions:

1. Developing strategies and overall planning to ensure food safety, planning safe food production areas according to the food supply chain is identified as a key priority task.

2. Utilize state resources and other resources to invest in scientific research and technology application to serve risk analysis concerning food safety; build new, upgrade some laboratories to meet regional and international standards; enhance the capacity of existing analytical laboratories; support investment in building safe food raw material production areas, agricultural and food wholesale markets, and industrial-scale livestock and poultry slaughtering facilities.

3. Encourage food production and business establishments to innovate technology, expand production scale; produce high-quality food that ensures safety; supplement essential micronutrients in food; build brands and develop a safe food supply system.

4. Establish a legal framework and organize the implementation of a roadmap for the mandatory application of Good Manufacturing Practices (GMP), Good Agricultural Practices (GAP), Good Hygiene Practices (GHP), Hazard Analysis and Critical Control Points (HACCP), and other advanced food safety management systems in the process of food production and business.

5. Expand international cooperation, promote the signing of treaties and international agreements on mutual recognition and acknowledgment in the field of food.

6. Promptly reward organizations and individuals producing and trading safe food.

7. Encourage and create conditions for associations, organizations, domestic and foreign individuals, to invest and participate in activities related to the development of standards, technical regulations, and food safety testing.

8. Increase investment, diversify forms and methods of propaganda and education to raise public awareness about safe food consumption, responsibility, and business ethics of organizations and individuals producing and trading food for the community.

Article 5. Prohibited acts

1. Using ingredients not intended for food to process food.

2. Using food ingredients that are expired, of unclear origin or provenance, or not safe to produce or process food.

3. Using food additives or food processing aids that are expired, not on the permitted list, or on the permitted list but exceeding the allowable limits; using chemicals of unclear origin or chemicals prohibited in food production and business activities.

4. Using animals that died from illness, epidemic, or unknown causes, which have been destroyed, for food production and business.

5. Production and business of:

a) Food that violates legal regulations on labeling;

b) Food not conforming to the corresponding technical standards;

c) Food that has deteriorated;

d) Food containing harmful toxins or contaminated with toxic substances, pollutants exceeding the permissible limits;

de) Food with packaging or containers that do not ensure safety or are broken, torn, or deformed during transportation causing food contamination;

e) Meat or meat products that have not undergone veterinary inspection or have been inspected but fail to meet the requirements;

g) Food that is not permitted to be produced or traded for the purpose of disease prevention and control;

h) Food that has not registered a conformity announcement with the competent state authority in cases where the food is required to register such an announcement;

i) Food with unclear origin or provenance, or that has expired.

6. Using means that cause food contamination, or means that have transported toxic substances and have not been thoroughly cleaned to transport food ingredients or food.

7. Providing false or forged food testing results.

8. Concealing, falsifying, or removing the scene, evidence of a food safety incident, or other intentional acts that obstruct the detection and handling of food safety incidents.

9. Persons with infectious diseases participating in food production or business.

10. Producing or trading food at establishments without a certificate of eligibility for food safety according to legal regulations.

11. Advertising food with false information, causing confusion for consumers.

12. Posting or publishing false information about food safety that causes public outrage or damage to production and business.

13. Illegally using roads, sidewalks, corridors, common yards, common passages, or common supplementary areas to prepare, produce, or sell street food.

Article 6. Handling violations of food safety laws

1. Organizations and individuals producing or trading food in violation of food safety laws shall, depending on the nature and severity of the violation, be subject to administrative sanctions or criminal liability; if damage is caused, they must compensate and remediate the consequences in accordance with legal regulations.

2. Persons who exploit their positions or powers to violate the provisions of this Law or other legal regulations on food safety shall, depending on the nature and severity of the violation, be subject to disciplinary measures or criminal liability; if damage is caused, they must compensate in accordance with legal regulations.

3. The monetary fines for administrative violations specified in clause 1 of this Article shall be implemented in accordance with the law on handling administrative violations; in case the maximum penalty under the law on handling administrative violations is applied but is still lower than 7 times the value of the violated food, the penalty applied shall not exceed 7 times the value of the violated food; money obtained from the violation shall be confiscated in accordance with the law.

4. The Government shall specify the acts, forms, and levels of penalties for administrative violations in the field of food safety specified in this Article.

Chapter II. RIGHTS AND DUTIES OF ORGANIZATIONS AND INDIVIDUALS

IN FOOD SAFETY ASSURANCE

Article 7. Rights and obligations of food production organizations and individuals

1. Food production organizations and individuals have the following rights:

a) Decide and announce the standards for products they produce and supply; decide on the application of internal control measures to ensure food safety;

b) Require organizations and individuals engaged in food business to cooperate in the recall and handling of unsafe food;

c) Select conformity assessment organizations and testing facilities that have been designated to certify conformity;

d) Use standard conformity marks, conformity marks, and other signs for products in accordance with the law;

d) File complaints, denunciations, or lawsuits in accordance with the law;

e) Be compensated for damages in accordance with the law.

2. Organizations and individuals producing food have the following obligations:

a) Comply with conditions ensuring food safety, ensure food safety during the production process, and be responsible for the food safety of the products they produce;

b) Comply with the Government's regulations on fortifying nutrients whose deficiency affects public health;

c) Complete and accurate information about the product on the label, packaging, and in documents accompanying the food in accordance with the law on product labeling;

d) Establish a self-inspection process during food production;

đ) Honest information about food safety; timely, complete, and accurate warnings about risks causing food safety issues, prevention measures for sellers and consumers; notifications on requirements for transporting, storing, preserving, and using food;

e) Timely cessation of production, notification to related parties, and taking measures to mitigate consequences when unsafe food or food not meeting the announced applicable standards or relevant technical regulations is detected;

g) Keep records, food samples, and necessary information according to regulations on food traceability; comply with regulations on tracing unsafe food as stipulated in Article 54 of this Law;

h) Recall and handle food that is past its expiration date or does not ensure safety. In case of disposal by destruction, the destruction of food must comply with the provisions of the law on environmental protection, other relevant legal regulations, and bear all costs of such destruction;

i) Comply with legal regulations and decisions on inspection and examination by competent state agencies;

k) Pay the costs of sampling and testing as prescribed in Article 48 of this Law;

l) Compensate for damages according to legal regulations when unsafe food produced by themselves causes harm.

Article 8. Rights and obligations of organizations and individuals engaged in food business

1. Organizations and individuals engaged in food business have the following rights:

a) Decide on internal control measures to maintain food hygiene and safety quality;

b) Require organizations and individuals that produce or import food to cooperate in recalling and handling unsafe food;

c) Select testing facilities to check food safety; select designated testing facilities to certify conformity for imported food;

d) Complain, denounce, or initiate legal proceedings in accordance with the law;

đ) Be compensated for damages in accordance with the law.

2. Organizations and individuals engaged in food business have the following obligations:

a) Comply with conditions ensuring food safety during the business process and be responsible for the safety of the food they trade;

b) Inspect the origin and source of food, food labels, and documents related to food safety; maintain records of food; implement regulations on tracing the origin of unsafe food as stipulated in Article 54 of this Law;

c) Provide truthful information about food safety; inform consumers about the conditions ensuring safety during transportation, storage, preservation, and consumption of food;

d) Timely provide information about the risk of unsafe food and preventive measures to consumers upon receiving warning information from organizations or individuals involved in production or import;

dd) Promptly cease business activities and inform the organizations, individuals involved in production or import, and consumers when unsafe food is detected;

e) Immediately report to competent authorities and promptly remedy the consequences upon discovering food poisoning or foodborne diseases caused by their business activities;

g) Cooperate with organizations, individuals producing or importing food, and competent state authorities in investigating food poisoning to mitigate consequences, recall, or handle unsafe food;

h) Comply with the provisions of the law and the decisions on inspection and examination of competent state authorities;

k) Pay the costs of sampling and testing as prescribed in Article 48 of this Law;

l) Compensate for damages in accordance with the law when food becomes unsafe due to the business's actions.

Article 9. Rights and obligations of food consumers

1. Food consumers have the following rights:

a) To be provided with truthful information about food safety, instructions for use, transportation, storage, preservation, selection, and proper use of food; to be informed of risks causing food unsafe, and preventive measures upon receiving warnings regarding food;

b) To request organizations or individuals producing or trading food to protect their interests in accordance with the law;

c) Request organizations to protect consumer rights and safeguard their legitimate rights and interests according to the law on consumer protection;

d) Complain, denounce, or initiate legal proceedings in accordance with the law;

d) Be compensated for damages under the law caused by using unsafe food.

2. Food consumers have the following obligations:

a) Fully comply with the regulations and guidance on food safety from organizations and individuals producing and trading food in transporting, storing, preserving, and using food;

b) Promptly provide information when detecting risks to food safety, report food poisoning, and foodborne diseases to the nearest People's Committee, medical examination and treatment facilities, competent state agencies, or organizations and individuals producing and trading food;

c) Comply with environmental protection regulations in the process of using food.

Chapter III. SAFETY CONDITIONS FOR FOOD

Article 10. General conditions for ensuring food safety

1. Comply with the corresponding technical standards, adhere to regulations on limits of pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, contaminants, and other substances in food that may harm human health and life.

2. Depending on the type of food, in addition to the provisions in Clause 1 of this Article, food must also meet one or more of the following provisions:

a) Regulations on the use of food additives and processing aids in food production and business;

b) Regulations on food packaging and labeling;

c) Regulations on food preservation.

Article 11. Conditions to ensure safety for fresh food

1. Comply with the conditions stipulated in Article 10 of this Law.

2. Ensure traceability of origin as stipulated in Article 54 of this Law.

3. Have veterinary hygiene certification from the competent veterinary authority for fresh food of animal origin as prescribed by veterinary law.

Article 12. Conditions to ensure safety for processed food

1. Comply with the conditions stipulated in Article 10 of this Law.

2. The initial raw materials used to make food must ensure safety and maintain their inherent properties; the ingredients that make up the food must not interact with each other to create products harmful to human health and life.

3. Pre-packaged processed foods must register a conformity announcement with the competent state authority before being circulated on the market. The government stipulates the specific procedures for registering the conformity announcement and the validity period of the conformity announcement registration for pre-packaged processed foods.

Article 13. Safety conditions for foods fortified with micronutrients

1. Comply with the conditions stipulated in Article 10 of this Law.

2. The initial raw materials used to make food must ensure safety and maintain their inherent properties; the ingredients that make up the food must not interact with each other to create products harmful to human health and life.

3. Only micronutrients, such as vitamins, minerals, and trace elements, may be added to foods in amounts that ensure they do not harm human health or life and are included in the List prescribed by the Minister of Health.

Article 14. Safety conditions for functional foods

1. Comply with the conditions stipulated in Article 10 of this Law.

2. There must be information and scientific documents proving the effects of the components that create the declared functions.

3. Functional foods that are introduced to the market for the first time must have a test report on the effectiveness of the product's declared functions.

4. The Minister of Health shall specify regulations on the management of functional foods.

Article 15. Safety assurance conditions for genetically modified foods

1. Comply with the conditions stipulated in Article 10 of this Law.

2. Comply with regulations on safety assurance for human health and the environment as prescribed by the Government.

Article 16. Safety assurance conditions for irradiated foods

1. Comply with the conditions stipulated in Article 10 of this Law.

2. Belong to the list of food groups allowed to be irradiated.

3. Comply with regulations on irradiation dosage.

4. The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall issue the list of food groups allowed to be irradiated and the permissible irradiation dosages for foods under their respective management sectors.

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

1. Meet the corresponding technical standards and comply with regulations on food additives and food processing aids.

2. There are usage instructions written on the label or in the accompanying documents in each product unit in Vietnamese and another language according to the origin of the product.

3. Belongs to the list of food additives and food processing aids permitted for use in the production and business of food as prescribed by the Minister of Health.

4. Register the conformity announcement with the competent state authority before circulating on the market.

The government specifies the registration of the conformity announcement and the duration of the conformity announcement registration for food additives and food processing aids.

Article 18. Safety assurance conditions for tools, packaging materials, and food containers

1. Produced from safe raw materials, ensuring that no harmful substances or strange odors are transferred to food, ensuring food quality within the shelf life.

2. Comply with the corresponding technical standards, adhering to the regulations on tools, packaging materials, and food containers issued by the Minister of Health.

3. Register a conformity declaration with the competent state authority before circulating on the market.

The Government shall provide specific regulations on the registration of conformity declarations and the validity period of the conformity declaration for tools, packaging materials, and food containers.

Chapter IV. CONDITIONS FOR ENSURING FOOD SAFETY

IN FOOD PRODUCTION AND BUSINESS

Section 1. GENERAL CONDITIONS FOR ENSURING FOOD SAFETY

IN FOOD PRODUCTION AND BUSINESS

Article 19. Food safety assurance conditions for food production and business establishments

1. Food production and business establishments must ensure the following conditions:

a) Have a suitable location and area, maintaining a safe distance from sources of toxic substances, sources of pollution, and other harmful factors;

b) Have sufficient water meeting technical standards for food production and business activities;

c) Have adequate and appropriate equipment to handle raw materials, process, package, store, and transport various types of food; have sufficient equipment, tools, and means for washing and sterilization, disinfectant water, and equipment for pest and harm prevention;

d) Have a waste treatment system and operate it regularly in accordance with the law on environmental protection;

đ) Maintain conditions ensuring food safety and keep records of the origin of food ingredients and other documents regarding the entire food production and business process;

e) Comply with regulations on health, knowledge, and practices of persons directly involved in food production and business.

2. The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall promulgate national technical standards and specific regulations on conditions for ensuring food safety for food production and business establishments within their respective management areas.

Article 20. Conditions for ensuring food safety in food storage

1. Food production and business establishments must ensure the following conditions for food storage:

a) Storage locations and storage facilities must have sufficient area to store each type of food separately, allow safe and accurate handling techniques, and ensure hygiene during the storage process;

b) Prevent the effects of temperature, humidity, insects, animals, dirt, strange odors, and other harmful environmental impacts; ensure sufficient lighting; have specialized equipment to regulate temperature, humidity, and other climate conditions, ventilation equipment, and other special storage conditions as required for each type of food;

c) Comply with the storage regulations of the organization or individual producing or trading food.

2. The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall promulgate national technical standards and specific regulations on conditions ensuring food safety in the storage of food within their assigned management areas.

Article 21. Conditions ensuring food safety in food transportation

1. Organizations and individuals transporting food must ensure the following conditions:

a) Food transportation vehicles are made of materials that do not contaminate food or food packaging and are easy to clean;

b) Ensure food storage conditions throughout the transportation process according to the guidelines of the producing or trading organization or individual;

c) Do not transport food together with toxic or potentially cross-contaminating goods that may affect food quality.

2. The competent state management agency stipulates the means of food transportation; transportation routes for certain types of fresh food in urban areas.

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

1. Small-scale food production and trading establishments must comply with the following food safety assurance conditions:

a) Maintain a safe distance from toxic sources and pollution sources;

b) Have sufficient water meeting technical standards for food production and business activities;

c) Have appropriate equipment for producing and trading food that does not cause toxicity or contamination to the food;

d) Use raw materials, chemicals, food additives, food processing aids, tools, packaging materials, and containers in the preliminary processing, production, and storage of food;

d) Comply with regulations on health, knowledge, and practices of individuals directly involved in food production and trading;

e) Collect and treat waste in accordance with legal regulations on environmental protection;

h) Maintain conditions that ensure food safety and keep information related to trade to ensure traceability of food origin.

2. The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall promulgate national technical standards and specific regulations on conditions for ensuring food safety in the production and business of small-scale food within their respective management sectors.

3. The People's Committee of provinces and centrally-run cities (hereinafter collectively referred to as the provincial-level People's Committee) shall promulgate local technical standards and specific regulations on conditions for ensuring food safety in the production and business of small-scale food for special local foods within the province.

Section 2. CONDITIONS ENSURING FOOD SAFETY IN PRODUCTION,

Chapter 2. CONDITIONS FOR ENSURING FOOD SAFETY IN THE PRODUCTION AND BUSINESS OF FRESH FOOD

Article 23. Conditions for ensuring food safety for fresh food production establishments

1. Fresh food production establishments must ensure the following conditions:

a) Ensure conditions regarding cultivated land, water sources, and production locations for safe food production;

b) Comply with legal regulations on the use of plant seeds, livestock breeds; fertilizers, animal feed, plant protection drugs, veterinary drugs, growth stimulants, weight gain substances, developmental substances, food preservatives, and other substances related to food safety;

c) Comply with regulations on quarantine, veterinary hygiene in animal slaughter; on plant quarantine for crop products;

d) Implement waste treatment in accordance with environmental protection laws;

đ) Detergents, disinfectants, and decontamination agents must ensure safety for humans and the environment when used;

e) Maintain conditions ensuring food safety, keep records of the origin and sources of food materials, and other documents regarding the entire process of fresh food production.

2. The Minister of Agriculture and Rural Development shall stipulate specific conditions for ensuring food safety for fresh food production establishments.

Article 24. Conditions to ensure food safety for fresh food business establishments

Article 24. Conditions for ensuring food safety for fresh food business establishments

1. Fresh food business establishments must ensure the following conditions:

a) Comply with conditions for ensuring safety of tools, packaging materials, food containers, and conditions for ensuring safety in food storage and transportation as prescribed in Articles 18, 20, and 21 of this Law;

b) Ensure and maintain hygiene at the business premises.

2. The Minister of Agriculture and Rural Development shall stipulate specific conditions for ensuring food safety for fresh food business establishments.

PROCESSING FOOD, FOOD BUSINESS

Section 3. CONDITIONS FOR ENSURING FOOD SAFETY IN PRE-PROCESSING, FOOD PROCESSING, AND TRADING IN PROCESSED FOODS

Article 25. Conditions for ensuring food safety for food processing and pre-processing establishments

1. Ensure the conditions prescribed in Article 19 of this Law.

2. The pre-processing and processing process must ensure that food is not cross-contaminated or exposed to contaminating or toxic factors.

Article 26. Conditions for ensuring food safety for food ingredients, food additives, food processing aids, and nutrients used for food processing

1. Ingredients used for food processing must be within their expiration date, have a clear origin and source, ensure safety, and retain their inherent properties; ingredients forming food must not interact with each other to create products harmful to human health or life.

2. Nutrients, food additives, and food processing aids used must comply with the provisions of Article 13 and Article 17 of this Law.

Article 27. Conditions for ensuring food safety for processed food business establishments

1. Business establishments of pre-packaged processed foods must ensure the following conditions:

a) Comply with regulations on food labeling;

b) Comply with safety conditions for utensils, packaging materials, and food storage, and conditions for food safety in food preservation as prescribed in Articles 18 and 20 of this Law;

c) Ensure and maintain hygiene at the place of business;

d) Store food according to the instructions of the producing organization or individual.

2. Business establishments of processed foods that are not pre-packaged must ensure the following conditions:

a) Have measures to ensure that food is not spoiled, moldy, exposed to insects, animals, dirt, and other contaminating factors;

b) Clean or disinfect eating utensils and food containers before use for ready-to-eat foods;

c) Have information about the origin and production date of the food.

Section 4. CONDITIONS TO ENSURE FOOD SAFETY IN

FOOD SERVICE BUSINESS

Article 28. Conditions for ensuring food safety for places that process and conduct food service business

1. The kitchen is arranged to ensure there is no cross-contamination between raw and cooked food.

2. There is sufficient water meeting technical standards for cooking and business purposes.

3. There are tools for collecting and storing garbage and waste to ensure hygiene.

4. Drains in the store and kitchen areas must be clear and unobstructed, without stagnation.

5. Dining areas must be airy, cool, well-lit, maintain cleanliness, and have measures to prevent insects and pests.

6. There must be equipment for food storage, restrooms, handwashing, and daily cleaning of waste and garbage.

7. The head of the unit with a collective kitchen is responsible for ensuring food safety.

Article 29. Conditions for ensuring food safety in food processing and catering service establishments

1. There must be separate tools and containers for raw and cooked food.

2. Cooking and processing utensils must ensure hygienic safety.

3. Eating utensils must be made from safe materials, cleaned, and kept dry.

4. Compliance with regulations regarding the health, knowledge, and practices of those directly producing and trading food.

Article 30. Conditions for ensuring food safety in food processing and preservation

1. Food and food ingredients must have a clear origin and ensure safety, with food samples kept.

2. Food must be processed to ensure safety and hygiene.

3. Food for sale must be placed in glass cabinets or hygienic storage devices, protected from dust, rain, sun, and the intrusion of insects and harmful animals; it must be displayed on tables or shelves higher than the ground.

Section 5. CONDITIONS FOR ENSURING FOOD SAFETY

IN STREET FOOD BUSINESS

Article 31. Conditions to ensure food safety for street food selling places

1. Must be separated from toxic and polluting sources.

2. Must be sold on tables, racks, shelves, or means that ensure food hygiene and safety, and the aesthetics of the street.

Article 32. Conditions to ensure food safety for ingredients, eating utensils, food storage containers, and street food operators

1. Ingredients used for street food preparation must ensure food safety and have clear origins and sources.

2. Eating utensils and food containers must ensure hygiene safety.

3. Packaging and materials that come into direct contact with food must not cause contamination or release substances into the food.

4. There must be tools to protect against sun, rain, dirt, insects, and harmful animals.

5. There must be sufficient water that meets technical standards for food preparation and business.

6. Comply with regulations on health, knowledge, and practices for those directly producing and selling food.

Article 33. Responsibilities for managing street food business

1. The Minister of Health regulates specific conditions to ensure food safety in the street food business.

2. The People's Committees at all levels are responsible for managing street food business activities in their areas.

Chapter V. CERTIFICATION OF ESTABLISHMENTS MEETING FOOD SAFETY REQUIREMENTS

IN FOOD PRODUCTION AND BUSINESS

Article 34. Subjects, conditions for issuance, and revocation of the Certificate of Food Safety Compliance

1. A facility is granted a Certificate of Food Safety Compliance when it meets the following conditions:

a) Meets the conditions to ensure food safety corresponding to each type of food production and business in accordance with the provisions of Chapter IV of this Law;

b) Has registered the food business sector in the Business Registration Certificate.

2. Organizations and individuals will have their Certificate of Food Safety Compliance revoked if they do not meet the conditions prescribed in Clause 1 of this Article.

3. The Government shall specifically regulate entities that are not subject to the issuance of the Certificate of Food Safety Compliance.

Article 35. Authority to issue and revoke Certificates of Food Safety Eligibility

The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall stipulate specifically the authority to issue and revoke Certificates of Food Safety Eligibility in the respective sectors under their management.

Article 36. Records, sequence, and procedures for issuing Certificates of Food Safety Eligibility

1. The file for requesting the issuance of a Certificate of Food Safety Eligibility includes:

a) Application for the issuance of a Certificate of Food Safety Eligibility;

b) Copy of the Business Registration Certificate;

c) Explanatory report on facilities, equipment, and tools ensuring food safety and hygiene conditions as regulated by the competent state management authority;

d) Health certificate of the owner of the facility and the personnel directly involved in food production and business issued by a medical facility at the district level or higher.

d) Certificate of having been trained in food safety and hygiene knowledge for the owner of the establishment and the person directly involved in food production and business as prescribed by the Minister of the managing sector.

2. The sequence and procedures for granting the Certificate of a food safety eligible establishment are as follows:

a) Organizations and individuals producing and trading food submit applications for the Certificate of a food safety eligible establishment to the state authority specified in Article 35 of this Law;

b) Within 15 days from the date of receiving a complete and valid application, the competent state authority inspects the actual food safety conditions at the production and business establishment; if conditions are met, it must grant the Certificate of a food safety eligible establishment; in case of refusal, it must respond in writing and clearly state the reasons.

Article 37. Validity period of the Certificate of a food safety eligible establishment

1. The certificate of a facility meeting food safety conditions is valid for a period of 03 years.

2. No later than 06 months before the expiry date of the certificate of a facility meeting food safety conditions, organizations and individuals producing or trading food must submit an application for re-issuance of the certificate in case of continued production or business. The file, procedures, and steps for re-issuance shall be carried out in accordance with the provisions of Article 36 of this Law.

Chapter VI. IMPORT AND EXPORT OF FOOD

Section 1. CONDITIONS TO ENSURE SAFETY FOR IMPORTED FOOD

Article 38. Conditions to ensure safety for imported food

1. Imported food, food additives, food processing aids, tools, and materials for packaging and storing food must comply with the respective conditions stipulated in Chapter III of this Law and the following conditions:

a) Must be registered for the conformity announcement with the competent state agency before importation;

b) Must be issued a "Notification of the Result of Food Import Compliance Verification" for each shipment by the inspection agency designated according to the regulations of the Minister of the relevant management Ministry.

2. In addition to the conditions prescribed in Clause 1 of this Article, functional foods, micronutrient-fortified foods, genetically modified foods, and irradiated foods must have a free sale certificate or a health certificate according to Government regulations.

3. In cases where Vietnam does not yet have corresponding technical standards for food, food additives, food processing aids, tools, or materials for packaging and containing imported food, the international agreements and treaties to which the Socialist Republic of Vietnam is a member shall apply.

Article 39. State inspection of food safety for imported food

1. Imported food, food additives, food processing aids, tools, and materials for packaging and containing food must undergo state inspection for food safety, except for certain foods exempted from state food safety inspection as prescribed by the Government.

2. Imported food from countries that have signed international treaties with Vietnam on mutual recognition of food safety certification shall be subject to reduced inspection, except in cases where warnings are issued or signs of violations of Vietnam's food safety regulations are detected.

3. The Government shall specify the exemption from state inspection for certain imported foods; the procedures and formalities for state inspection of food safety in the country exporting food to Vietnam according to international treaties of which the Socialist Republic of Vietnam is a member.

Article 40. Procedures, formalities, and methods of state inspection on food safety for imported food

1. The sequence and procedures for state inspection on food safety for imported food, food additives, food processing aids, utensils, and materials for packaging and storing food shall be carried out in accordance with the provisions of the law on product and goods quality and the following regulations:

a) It may only be brought to the storage warehouse to await customs clearance completion when there is a food safety inspection registration certificate;

b) It may only be cleared through customs when there is a confirmation of the inspection result that the food meets import requirements.

2. The methods of state inspection on food safety for imported food, food additives, food processing aids, utensils, and materials for packaging and storing food include:

a) Strict inspection;

b) Regular inspection;

c) Reduced inspection.

3. The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall specifically regulate the state inspection agencies for food safety, the application of state inspection methods for food safety for food, food additives, food processing aids, tools, packaging materials, and food containers imported within their respective management areas.

Section 2. CONDITIONS ENSURING SAFETY FOR EXPORT FOOD

Article 41. Conditions ensuring safety for export food

1. Comply with Vietnam's food safety conditions.

2. Conform to the food safety regulations of the importing country according to contract or international treaty, or international agreements recognizing mutual recognition of conformity assessment results with the relevant country or territory.

Article 42. Certification for export food

1. The competent state authorities of Vietnam issue a certificate of free sale, health certificate, certificate of origin, or other relevant certificates for exported food in case required by the importing country.

2. The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall regulate the dossiers and procedures for issuing the types of certificates specified in Clause 1 of this Article within their respective areas of management.

Chapter VII. FOOD ADVERTISING AND LABELING

Article 43. Food advertising

1. Food advertising by organizations, individuals producing or trading food, or those operating advertising services shall be conducted in accordance with the provisions of the law on advertising.

2. Before registering an advertisement, organizations or individuals with food to be advertised must submit a dossier to the competent state management agency for verification of the advertisement content.

3. Advertisers, advertising service operators, and organizations or individuals with food for advertisement may only conduct advertising after the content has been appraised and may only advertise the content that has been verified.

The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall specifically regulate the types of foods that must register for advertising, the authority, order, and procedures for confirming the content of food advertising within their respective management areas.

Article 44. Food labeling

Article 44. Food labeling

1. Organizations and individuals producing or importing food, food additives, or food processing aids in Vietnam must carry out food labeling in accordance with the law on product labeling. For the food expiration date indicated on the label, depending on the type of product, it shall be stated as "expiration date," "use by," or "best before."

2. For functional foods, food additives, irradiated foods, and genetically modified foods, in addition to the provisions in Clause 1 of this Article, the following regulations must also be complied with:

a) For functional foods, the phrase "functional food" must be stated and it must not indicate in any form that it can replace medicine;

b) For food additives, the phrase "food additive" must be stated along with information about scope, dosage, and usage;

c) For irradiated foods, the phrase "irradiated food" must be stated;

d) For certain genetically modified foods, the phrase "genetically modified food" must be stated.

3. Based on the socio-economic conditions in each period, the Government specifically regulates food labeling, food shelf life; specifically regulates that genetically modified foods must be labeled, and the level of genetically modified components in food that must be labeled.

3. Based on the socio-economic conditions of each period, the Government shall specify regulations on food labeling, food expiration dates; specific regulations on genetically modified foods regarding labeling, and the proportion of genetically modified ingredients that must be labeled.

FOOD SAFETY, PREVENTION, AND CONTROL AND

Chapter VIII. FOOD TESTING, RISK ANALYSIS CONCERNING FOOD SAFETY, PREVENTION, CONTROL, AND REMEDIATION OF FOOD SAFETY INCIDENTS

Section 1. FOOD TESTING

Article 45. Requirements for food testing

1. Food testing is conducted in the following cases:

a) At the request of organizations, individuals producing or trading food, or other related organizations and individuals;

b) To serve state management activities on food safety.

Food testing for the purpose of serving state management activities shall be carried out at food testing facilities designated by the Minister of the industry management ministry.

2. Food testing must ensure the following requirements:

a) Objective and accurate;

b) Compliance with professional technical regulations.

Article 46. Food testing facilities

1. Food testing facilities must meet the following conditions:

a) Have an organizational structure and technical capability that meet the requirements of national standards and international standards for testing facilities;

b) Establish and maintain a management system in accordance with the requirements of national standards and international standards;

c) Register conformance assessment activities with standards and technical regulations with the competent state authority in cases of performing certification activities for standard compliance.

2. Food testing facilities are provided with testing services, collect testing fees, and are legally responsible for the test results they perform.

3. The minister of the managing industry shall specify the conditions of testing facilities as prescribed in Clause 1 of this Article.

Article 47. Testing to serve the settlement of disputes on food safety

1. The competent authority for dispute resolution shall designate a testing and verification facility to conduct food testing concerning the content of the dispute. The test results from the designated testing and verification facility shall be used as the basis for resolving disputes regarding food safety.

2. A testing facility designated to perform verification must be a State testing facility and meet the conditions specified in Clause 1, Article 46 of this Law.

3. The Minister of the sector-managing Ministry shall prescribe the conditions for testing and verification facilities and the list of testing and verification facilities eligible to operate.

Article 48. Costs of Sampling and Food Testing

1. The costs of sampling and food testing for inspections and food safety supervision shall be paid by the agency deciding to conduct the inspection or supervision.

2. Based on the test results, if the agency making the decision on inspection and supervision of food safety concludes that an organization or individual producing or trading food has violated the provisions of the law on food safety, that organization or individual must reimburse the sampling and testing costs to the inspection and supervision agency.

3. Organizations or individuals requesting food sampling and testing must bear the costs of sampling and testing themselves.

4. The costs of sampling and testing in disputes or complaints about food safety are to be paid by the complainant or claimant. In the case that the test results confirm that an organization or individual producing or trading food has violated food safety regulations, that organization or individual must reimburse the sampling and testing costs of the disputed food safety to the complainant or claimant.

Section 2. FOOD SAFETY RISK ANALYSIS

Article 49. Subjects required to undergo food safety risk analysis

1. Foods with a high rate of causing poisoning.

2. Foods with sampling results for monitoring showing a high rate of violation of technical standards on food safety.

3. The environment, production, and business establishments suspected of causing contamination.

4. Foods, production, and business establishments analyzed for risk according to management requirements.

Article 50. Activities of food safety risk analysis

1. Food safety risk analysis includes activities on risk assessment, risk management, and risk communication regarding food safety.

2. Food safety risk assessment includes:

a) Investigate and test to identify hazards to food safety belonging to the groups of microbiological, chemical, and physical agents;

b) Determine the risk of hazards to food safety affecting health, the level and scope of the impact of hazards on public health.

3. Risk management for food safety includes:

a) Implementing measures to limit food safety risks at each stage of the food supply chain;

b) Controlling and coordinating to limit risks to food safety in catering services and other food production and business activities.

4. Communication about food safety risks includes:

a) Provide information on preventive measures in the event of food poisoning incidents, foodborne diseases caused by unsafe food in order to raise awareness and the sense of responsibility of the public regarding food safety risks;

b) Notify and forecast risks to food safety; establish a risk warning information system for food safety and foodborne diseases.

Article 51. Responsibilities for conducting risk analysis on food safety

The Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade shall organize risk analysis on food safety within the areas assigned for management in accordance with the provisions of Articles 49 and 50 of this Law.

Section 3. PREVENTION, BLOCKING, AND RECTIFICATION OF INCIDENTS

ABOUT FOOD SAFETY

Article 52. Prevention and interception of food safety incidents

1. Organizations and individuals that detect signs related to food safety incidents are responsible for immediately notifying the nearest medical examination and treatment facility, local People's Committee, or competent state agency to take timely preventive measures.

2. Measures to prevent and stop food safety incidents include:

a) Ensuring safety in the process of food production, business, and consumption;

b) Educating, propagating, and disseminating knowledge and practices on food safety to organizations, individuals involved in production and business, and consumers;

c) Inspecting and supervising food safety in food production and business;

d) Analyzing the risk of food contamination;

e) Investigating, surveying, and storing data on food safety;

f) Preserving food samples.

3. The People's Committees at all levels are responsible for organizing the implementation of measures to prevent and stop food safety incidents within their localities.

4. The Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade shall organize the implementation of programs for monitoring, preventing, and stopping food safety incidents; and organize the implementation of preventive and stopping measures for food safety incidents abroad that may affect Vietnam in the areas under their management.

5. The Ministry of Health shall take the lead, in coordination with relevant ministries and sectors, in developing a food safety incident warning system.

Article 53. Handling food safety incidents

1. Organizations and individuals that detect food safety incidents occurring domestically or abroad but affecting Vietnam must report to medical facilities, the nearest local People's Committee, or the Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade to take timely remedial measures.

2. Measures to remediate food safety incidents include:

a) Detecting, providing emergency care, and timely treatment for people poisoned by food, affected by foodborne illnesses, or in other situations arising from food that poses a threat to health and human life;

b) Investigating food poisoning incidents, identifying the causes of poisoning, foodborne diseases, and tracing the origins of food that caused poisoning or spread diseases;

c) Suspending production and business activities; recalling and handling food causing poisoning or spreading diseases that is circulating on the market;

d) Notifying food poisoning and foodborne diseases to relevant organizations and individuals;

đ) Implementing measures to prevent the risk of food poisoning and foodborne diseases.

3. People's Committees at all levels are responsible for organizing the implementation of measures to remediate food safety incidents within the localities.

4. The Minister of Health is responsible for:

a) Specify regulations on reporting food safety incidents;

b) Preside over and coordinate with relevant ministries and sectors to implement measures to prevent food safety incidents occurring abroad that may affect Vietnam.

5. Organizations and individuals providing food that causes poisoning must bear the full cost of treatment for the poisoned person and compensate for damages according to civil law provisions.

Section 4. FOOD TRACEABILITY, RECALL, AND HANDLING

FOR FOODS THAT DO NOT ENSURE SAFETY

Article 54. Food traceability for foods that do not ensure safety

1. Food traceability for foods that do not ensure safety by organizations and individuals producing or trading food shall be carried out in the following cases:

a) When requested by a competent state agency;

b) When it is detected that the food they produce or trade does not ensure safety.

2. Organizations and individuals producing and trading food must carry out food traceability for unsafe food as follows:

a) Identify and notify the batch of unsafe food products;

b) Request food business agents to report the quantity of the unsafe food product batch, actual inventory, and products being circulated on the market;

c) Aggregate and report to the competent state authority the recall plan and handling measures.

3. The competent state authority is responsible for inspecting and supervising the implementation of food traceability for unsafe food.

Article 55. Recall and handling of unsafe food

1. Food must be recalled in the following cases:

a) Food that has expired but is still being sold on the market;

b) Food not conforming to the corresponding technical standards;

c) Food is a new technology product not yet authorized for circulation;

d) Food that is spoiled during storage, transportation, or business activities;

d) Food containing banned substances or having contaminants exceeding the prescribed limits;

e) Imported food that is reported by the competent authority of the exporting country, another country, or international organization to contain harmful contaminants affecting human health or life.

2. Unsafe food shall be recalled in the following forms:

a) Voluntary recall carried out by the organization or individual producing or trading the food;

b) Mandatory recall requested by the competent state authority for organizations and individuals producing or trading food that does not ensure safety.

3. Forms of handling unsafe food include:

a) Correcting product defects, labeling errors;

b) Changing the purpose of use;

c) Re-exporting;

d) Destruction.

4. Organizations and individuals producing or trading unsafe food are responsible for publicizing information about the recalled product and are responsible for recalling and handling unsafe food within the period decided by the competent state authority; they bear all costs for recalling and handling unsafe food.

In the event that the recall period expires and the organization or individual producing or trading food does not carry out the recall, compulsory recall shall be enforced according to the provisions of the law.

5. The competent state authority is responsible for:

a) Based on the level of violation regarding safety assurance conditions, decide on the recall and handling of unsafe food, and the deadline for completing the recall and handling of unsafe food;

b) Inspect the recall of unsafe food;

c) Handle violations of food safety laws according to the authority prescribed by law;

d) In cases where food poses a risk of seriously affecting public health or other emergency situations, the competent state agency shall directly organize the recall and handling of food and require organizations and individuals producing or trading unsafe food to pay for the cost of recalling and handling the food.

6. The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall specifically regulate the recall and handling of unsafe food within the fields they are assigned to manage.

Chapter IX. INFORMATION, EDUCATION, COMMUNICATION

ABOUT FOOD SAFETY

Article 56. Purpose and requirements of information, education, and communication on food safety

1. Information, education, and communication on food safety aim to raise awareness about food safety, change behaviors, customs, and outdated practices in production, business, daily life, and eating that cause food safety hazards, contributing to the protection of human health and life; business ethics; and the sense of responsibility of organizations and individuals producing and trading food towards the health and lives of food consumers.

2. The provision of information, education, and communication on food safety must meet the following requirements:

a) Accurate, timely, clear, simple, and practical;

b) Suitable for traditions, culture, national identity, religion, social ethics, beliefs, and customs;

c) Appropriate for each target group being communicated with.

Article 57. Content of information, education, and communication on food safety

1. Information, propaganda, and dissemination of knowledge and laws on food safety.

2. Causes, ways to recognize the risk of food poisoning, foodborne diseases, and measures to prevent and handle food safety incidents.

3. Information on exemplary food production and business establishments that ensure safety; the recall of unsafe food, and handling of establishments that seriously violate food safety laws.

Article 58. Subjects accessing information, education, and communication on food safety

1. Organizations and individuals have the right to access information, education, and communication on food safety.

2. Priority access to information, education, and communication on food safety is given to the following subjects:

a) Food consumers;

b) Managers and operators of food production and business establishments; individuals directly producing and trading food;

c) Organizations and individuals producing and trading fresh food, small-scale food production and business; residents in areas with particularly difficult socio-economic conditions.

Article 59. Forms of information, education, and communication on food safety

1. Implemented through state agencies with competence in food safety.

2. Through mass media.

3. Integrated into teaching and learning activities at educational institutions within the national education system.

4. Through cultural activities, community activities, activities of associations, social organizations, and other types of mass culture.

5. Through Q&A points about food safety at the relevant management Ministries.

Article 60. Responsibilities in information, education, and communication about food safety

1. Agencies, organizations, and units within the scope of their tasks and powers are responsible for providing information, education, and communication about food safety.

2. The Minister of Health, the Minister of the relevant management Ministry, and the heads of ministerial-level agencies involved are responsible for directing relevant agencies to provide accurate and scientific information about food safety; promptly responding to information about food safety that is not true.

3. The Minister of Information and Communications is responsible for directing mass media agencies to regularly provide information and communication on food safety, integrating information and communication programs on food safety with other information and communication programs.

4. The Minister of Education and Training is responsible for presiding over and coordinating with the Minister of Health, the Minister of the relevant industry management ministry, and the heads of relevant ministerial-level agencies to develop food safety education content combined with other educational content.

5. People's Committees at all levels are responsible for organizing the implementation of information, education, and communication activities on food safety for the people in their localities.

6. Mass media agencies are responsible for giving priority in timing and broadcast duration to information, education, and communication about food safety on radio and television; the volume and placement of publications in print, television, and electronic newspapers as prescribed by the Minister of Information and Communications. Information, education, and communication about food safety through mass media shall be provided free of charge, except in cases conducted under a separate contract with a program or project, or sponsored by domestic or foreign organizations or individuals.

7. The Vietnam Fatherland Front, mass organizations, and social organizations are responsible for information, education, and communication about food safety within their scope of responsibility.

Chapter X. STATE MANAGEMENT OF FOOD SAFETY

Section 1. RESPONSIBILITIES OF STATE MANAGEMENT OF FOOD SAFETY

Article 61. Responsibilities of state management regarding food safety

1. The government unifies state management of food safety.

2. The Ministry of Health is responsible to the Government for the state management of food safety.

3. Ministries and ministerial-level agencies, within the scope of their tasks and powers, are responsible for coordinating with the Ministry of Health in the state management of food safety.

4. People's Committees at all levels carry out state management of food safety within the local scope.

Article 62. State management responsibilities for food safety of the Ministry of Health

1. General responsibilities:

Amended and supplemented provisions:

a) Take the lead in developing, submitting to the competent state authorities for promulgation, and organizing the implementation of the national strategy and master plan on food safety;

b) Issue national technical standards on indicators and safe limits for food products; tools, materials for packaging and storing food;

c) Require ministries, sectors, and provincial-level People's Committees to periodically and urgently report on the work of food safety management;

d) Regulations on general conditions ensuring food safety for food production and business establishments;

d) Taking the lead in organizing the implementation of propaganda and legal education on food safety; warning about food poisoning incidents;

Provisions repealed

e) Conducting inspections and sudden checks on the entire process of production, import, and trading of food under the management scope of other ministries when necessary.

2. Responsibilities in sector management:

Amended and supplemented provisions:

a) Taking the lead in drafting, issuing, or submitting to the competent state agency for issuance and organizing the implementation of strategies, policies, planning, plans, and legal normative documents on food safety within the field assigned for management;

b) Manage food safety throughout the processes of production, preliminary processing, processing, preservation, transportation, export, import, and business regarding food additives, food processing aids, bottled drinking water, natural mineral water, functional foods, and other foods as prescribed by the Government;

c) Manage food safety concerning tools, materials for packaging and storing food during the production, processing, and business of food within the assigned management sector;

Provisions repealed

d) Inspect, examine, and handle violations of food safety laws during the production, export, import, and business of food within the assigned management sector.

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

Amended and supplemented provisions:

1. Preside over the development, promulgation, or submission to competent state agencies for issuance, and organize the implementation of policies, strategies, plans, and legal normative documents on food safety in the sector assigned for management.

2. Manage food safety for primary production of agriculture, forestry, fisheries, and salt.

3. Manage food safety throughout the process of production, collection, slaughtering, preliminary processing, processing, preservation, transportation, export, import, and business activities for cereals, meat and meat products, aquatic products and seafood products, vegetables, tubers, fruits and vegetable, tuber, fruit products, eggs and egg products, raw fresh milk, honey and honey products, genetically modified foods, salt, and other agricultural food products as prescribed by the Government.

4. Food safety management concerning tools, packaging materials, and food containers during the production, processing, and business of food within the assigned management sector.

5. Periodic and extraordinary reporting on food safety management in the assigned area of responsibility.

Provisions repealed

6. Inspecting, checking, and handling violations of food safety laws during the production, export, import, and business of food under the assigned management area.

Article 64. Responsibilities of the Ministry of Industry and Trade

Amended and supplemented provisions:

1. Preside over the development, promulgation, or submission to competent state agencies for issuance, and organize the implementation of policies, strategies, plans, and legal normative documents on food safety in the sector assigned for management.

2. Managing food safety throughout the processes of production, processing, preservation, transportation, export, import, and business for types of alcohol, beer, beverages, processed milk, vegetable oil, processed flour and starch products, and other foods as stipulated by the Government.

3. Managing food safety for tools, materials for packaging, and food containers during the production, processing, and business of food under the assigned management area.

Amended and supplemented provisions:

4. Issuing policies and plans for markets and supermarkets, and regulations on conditions for food business in markets and supermarkets.

5. Preside over the prevention of counterfeit foods and commercial fraud in the circulation and trade of food products.

6. Report periodically or unexpectedly on the management of food safety within the assigned field of management.

Provisions repealed

7. Inspect, examine, and handle legal violations regarding food safety during the production, export, import, and trade of food within the assigned field of management.

Article 65. State management responsibilities of People's Committees at all levels

Amended and supplemented provisions:

1. Issue under their authority or submit to the competent state agency for issuance of legal normative documents, local technical standards; develop and organize the implementation of planning for regions and safe food production establishments to ensure that management is carried out throughout the entire food supply chain.

2. Responsible for managing food safety in the area; managing the conditions for ensuring food safety for small-scale food production and business establishments, street food, food service and business establishments, food safety at markets in the area, and subjects under delegated management.

3. Periodically and unexpectedly report on food safety management in the area.

4. Allocate resources and organize training to improve human resource quality for ensuring food safety in the area.

5. Organize advocacy, education, communication, raise awareness about food safety, compliance with food safety management laws, the sense of responsibility of organizations and individuals producing and trading food for the community, and the awareness of food consumers.

6. Inspect, examine, and handle violations of food safety laws in the management area.

Section 2. FOOD SAFETY INSPECTION

Provisions repealed

Article 66. Inspection of food safety

1. Inspection of food safety is a specialized inspection. Food safety inspection is conducted by the health sector, the agriculture and rural development sector, and the industry and trade sector in accordance with the provisions of the law on inspection.

2. The Government shall stipulate the coordination between the food safety inspection forces of ministries and ministerial-level agencies with some other forces in ensuring food safety.

Article 67. Contents of food safety inspection

1. The implementation of technical standards and regulations on food safety for the production and business of food and food products issued by competent state management agencies.

2. The implementation of standards related to food safety announced by organizations and individuals for application in food production and business, as well as food products.

3. Advertising and labeling activities for food under the scope of management.

4. Activities of conformity certification and food safety testing.

5. Implementation of other legal regulations on food safety.

Section 3. FOOD SAFETY INSPECTION

Article 68. Responsibilities for food safety inspection

1. The food safety management agency under the sector management Ministry shall conduct food safety inspections in the production and business of food in accordance with the provisions of Articles 61, 62, 63, and 64 of this Law.

2. The food safety management agency under the Provincial People's Committee shall conduct food safety inspections within the local scope according to the regulations of the sector management Ministry and the assignment of the Provincial People's Committee.

3. In the case of inter-agency inspections on food safety that involve the management scope of multiple sectors or localities, the leading agency conducting the inspection is responsible for coordinating with relevant agencies of ministries, ministerial-level agencies, and provincial-level People's Committees involved to carry out the inspection.

4. Food safety inspection activities must ensure the following principles:

a) Objective, accurate, public, transparent, and non-discriminatory;

b) Protect the confidentiality of information, documents, and inspection results related to agencies, organizations, and individuals producing or trading food being inspected before an official conclusion is made;

c) Not harass or cause trouble to organizations and individuals producing or trading food;

d) Be legally responsible for the inspection results and related conclusions.

5. The minister of the sector management ministry shall specify the activities of food safety inspection within the scope of state management assigned.

Article 69. Powers and duties of food safety management agencies in food safety inspection

1. Within the scope of their tasks and powers, food safety management agencies have the following rights in food safety inspection:

a) Deciding to establish inspection teams to carry out inspections according to plans or on an ad hoc basis;

b) Warning of risks of food safety non-compliance;

c) Handling violations during food safety inspections in accordance with Articles 30, 36, and 40 of the Law on Product and Goods Quality;

d) Settling complaints and denunciations regarding the decisions of the inspection team and the actions of its members in accordance with the law on complaints and denunciations.

2. Within the scope of their tasks and powers, the food safety management agency has the following duties:

a) Develop an annual inspection plan and submit it to the competent state agency for approval;

b) Receive applications for imported food safety inspections; confirm the conditions ensuring food safety for imported food products;

c) Make a handling decision no later than within 03 working days from the date of receiving the inspection team's report on the temporary suspension of production and business activities, sealing of food, and temporary suspension of advertising of unsafe food.

Article 70. Inspection team

1. The inspection team is established by the Head of the food safety management agency based on an inspection program or plan approved by the competent state agency, or in the case of a request for an unscheduled inspection.

2. During the food safety inspection, the inspection team has the following duties and powers:

a) Request organizations or individuals producing or trading food to present relevant documents and handle violations during the inspection process in accordance with Articles 30 and 40 of the Law on Product and Goods Quality; provide copies of the documents specified in this clause when necessary;

b) Take samples for testing when necessary;

c) Seal the food, temporarily suspend the sale of non-compliant food, temporarily suspend the advertisement of food with inappropriate content during market inspections, and must report to the food safety management authority within no more than 24 hours from the time of sealing the food, temporarily suspending the sale of non-compliant food, and temporarily suspending advertisements;

d) Require organizations and individuals producing or trading food that does not meet the declared applicable standards, technical regulations, and corresponding condition regulations to take remedial actions;

d) Recommend the food safety management authority to handle according to the powers stipulated in Article 69 of this Law;

e) Ensure the principle of inspection as prescribed in Clause 4, Article 68 of this Law when conducting inspections;

g) Accurately and timely report the inspection results to the food safety management authority.

Chapter XI. IMPLEMENTING PROVISIONS

Article 71. Effectiveness

This law takes effect from July 1, 2011.

Ordinance on Food Safety and Hygiene No. 12/2003/PL-UBTVQH11 shall expire from the date this Law takes effect.

Article 72. Detailed regulations and guidance for implementation

The Government shall provide detailed regulations and guidance for the implementation of the articles and clauses assigned in the Law; guide other necessary contents of this Law to meet the requirements of state management.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, 12th term, 7th session, on June 17, 2010.

CHAIRMAN OF THE NATIONAL ASSEMBLY

Nguyễn Phú Trọng