Thông tư liên tịch 18/2005/TTLT-BYT-BTM về quan hệ phối hợp trong việc thực hiện chức năng quản lý nhà nước về vệ sinh an toàn thực phẩm do Bộ Y tế và Bộ Thương mại ban hành

INTERMINISTERIAL CIRCULAR

RE: COORDINATION IN PERFORMING THE TASKS OF STATE MANAGEMENT OVER FOOD SANITARY AND SAFETY

In order to implement Ordinance 12/2003/PL-UBTVQH11 dated July 26, 2003 and Decree 163/2004/ND-CP dated September 7, 2004 by the Government detailing implementation of certain articles of the Ordinance on Food Sanitary and Safety, the Inter-Ministry of Public Health and Trade hereby issues the regulations on coordination between them in performing the tasks of state management over food sanitary and safety.

I. COORDINATION IN TASK PERFORMANCE

1. Issuance of policy, legal documents, and certificates

a. Ministry of Public Health

- Presiding over and coordinating with relevant ministries to build up and promulgate general legal documents on assurance of food sanitary and safety in places manufacturing foods, providing food services, and trading raw and processed foods; setting up food sanitary and safety regulations on foods manufactured in Vietnam and imported for consumption in Vietnam; providing guidelines on labeling of packed foods.

- Setting up inspection content and formalities, pointing inspecting agencies or recognized inspecting departments to carry out sanitary and safety checking on imported foods.

- Issuing food sanitary and safety certificate to places manufacturing and trading foods of high risks.

- Issuing product standard certificate to foods manufactured in Vietnam and imported for consumption in Vietnam.

b. Ministry of Trade

- Presiding over and coordinating with relevant ministries to build up and promulgate legal documents related to conditions on provision of food services and trading (selling, buying, transporting) of raw and processed foods.

- Presiding over and coordinating with relevant ministries to build up and promulgate legal documents on examination, inspection, and prevention of production and trading of counterfeit, expired, and unsafe food products as well as those violate the law on labeling.

2. Inspection and examination

a. Ministry of Public Health

- Presiding over and coordinating with relevant agencies to conduct inspection and examination on implementation of food quality and sanitary standards as announced by manufacturers or traders or stipulated by state agencies; implementation of professional regulations on food sanitary and safety on businesses producing and trading food products of high risks.

- Presiding over and coordinating with relevant agencies to conduct inspection and examination into implementation of food safety and sanitary standards (facilities, equipments and devices, staff) at canteens, street food shops, restaurants, and hotels; conducting inspection and examination to clarify reasons for food poisoning.

- Presiding over inspection and examination into professional contents about food sanitary and safety (ingredient, quality, use direction) specified on label and advertisement of food products in accordance with the law of current practice.

b. Ministry of Trade

- Presiding over and coordinating with relevant ministries to conduct inspection into food products circulated in the domestic market with regards to obedience to quality management standards and labeling regulations; controlling counterfeit, low quality, expired, illegally imported foods which are not qualified for food sanitary and safety standards and those violate the law on industrial property.

- Presiding or coordinating with relevant ministries to supervise implementation of conditions on provision of food services and trading (buying, selling, transporting) of raw and processed foods.

3. Exchange of information and documents

The two Ministries regularly provide and exchange information necessary for management of food sanitary, safety, and quality within their managerial scope, including:

a. Directions, policies, measures, legal documents, and professional technical documents related to management of food quality, sanitary, and safety.

b. Market report and forecast for food products manufactured in Vietnam, imported, and circulated in the domestic market which are not qualified for food sanitary and safety standards.

c. Information about implementation of the law on food sanitary and safety applied to food manufacturers and traders, food shops, restaurants, and hotels.

d. Information about each sector implementing the tasks of state management over food sanitary and safety in specific periods.

4. Propaganda and training

a. The Ministry of Public Health is the presiding agency, being responsible for organization of propaganda and training to improve food manufacturers, traders, and consumers’ awareness about regulations on food sanitary and safety. The Ministry of Trade cooperates with the Ministry of Public Health to perform these tasks if requested.

b. The Ministry of Public Health coordinates with the Ministry of Trade to organize propaganda of legal documents and improvement of professionalism with regards to food sanitary and safety towards market management force as required by the Ministry of Trade.

5. Appraisal and test

a. The Ministry of Public Health is responsible for making up and propagandizing process and manner for taking food samples for sanitary and safety examination; directing and announcing name and address of competent agencies which are appointed to conduct food appraisal and test in quick and accurate way to serve market management agencies of all levels to deal with violations of the law on food sanitary and safety.

b. The Ministry of Trade is responsible for instructing market management agencies of all levels to take food samples for appraisal and test of sanitary and safety in compliance with the regulations of current practice.

6. Organization of interministerial inspectorate

Within the scope of its tasks, each Ministry is responsible for supervising and inspecting implementation of the law’s regulations on food sanitary and safety as well as impose sanction on violations. In specific cases, there needs to be cooperation between the two Ministries:

a. As requested by the Ministry which presides over supervision and inspection, the other sends cadres and facilities to join interministerial delegation of inspectors.

b. In case of food poisoning or risk of food poisoning, the Ministry of Public Health presides over and coordinates with relevant ministries to organize inspection and examination to prevent and find out causes of the accident and provide treatment to victims. If food poisoning is caused by unsafe commodities circulated in the domestic market, the Ministry of Public Health informs the Ministry of Trade and the later presides over inspection and examination in order to prevent and impose sanction on individuals and organizations with violations.

c. During high times such as action month for food sanitary and safety, lunar new year festival, lunar mid-autumn festival, festivities, sport and political events, etc, the two Ministries need to coordinate with relevant ministries to assign tasks and organize interministerial working groups or inspectorates to provide instruction and supervise implementation of the law on food sanitary and safety nationwide. The Ministry which presides over performance of this task is responsible for making plan for interministerial inspection, issuing decision on establishment of delegations of inspectors on the basis of unanimity between ministries; taking stock of inspection and reporting to leaders of the two Ministries and other relevant ministries.

d. Each Minister is in charge of deciding sanctions of violations of the law on food sanitary and safety within his/her ministry’s scope of management in accordance with the law and responsible for his/her action. For complicated problems related to management of other ministries, the competent ministry asks relevant agencies for settlement in compliance with the law of current practice. Asked agencies are responsible for provide answers to the asking agency.

II. IMPLEMENTATION

1. Tasks of deploying implementation

a. The Ministry of Public Health assigns the Department of Food Sanitary and Safety to act as the instructor for implementation of Decree 163/2004/ND-CP dated September 7, 2004 by the Government detailing implementation of certain articles of the Ordinance on Food Sanitary and Safety and this Circular; assigns the Ministerial Inspectorate to coordinate with the Department of Food Sanitary and Safety to provide guidelines to inspection and supervision of food sanitary and safety.

b. The Ministry of Trade assigns the Department of Domestic Market to preside over and coordinate with the Departments of Market Management and Export – Import to study and build up legal documents detailing implementation of Decree 163/2004/ND-CP dated September 7, 2004 by the Government detailing implementation of certain articles of the Ordinance on Food Sanitary and Safety and this Circular; assigns the Department of Market Management to organize and instruct supervision on food products manufactured in Vietnam and imported for consumption in Vietnam as well as provision of food services and trading of raw and processed foods.

c. Departments of Public Health and Trade and Market Management Division of provinces and cities under direct central management are responsible for coordination in implementation of the tasks of state management over food sanitary and safety in their locality in compliance with Decree 163/2004/ND-CP dated September 7, 2004 by the Government detailing implementation of certain articles of the Ordinance of Food Sanitary and Safety and this Circular.

2. Effect

a. This Circular comes into effect in 15 days after it is publicized on the Gazette.

b. Any difficulties or uncertainties arising during implementation should be informed to the Ministry of Public Health (Department of Food Sanitary and Safety, Ministerial Inspectorate), the Ministry of Trade (Department of Domestic Market Policy, Department of Market Management) for settlement.

To:
- Prime Minister, Deputy Prime Ministers;
- Government Office (Gazette Department);
- Ministry of Justice (Document Checking Department);
- People’s Committee of provinces and cities under direct central management;
- Department of Trade of provinces and cities under direct central management;
- Department of Public Health of provinces and cities under direct central management;
- Market Management Division of provinces and cities under direct central management;
- Units under Ministry of Public Health, Ministry of Trade;
- Archive.

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