THE MINISTRY OF INDUSTRY AND TRADE

Circular No. 28/2013/TT-BCT of November 6, 2013, providing for State Inspection of foodstuff safety for imported foodstuff under the management responsibility of the Ministry of Industry and Trade

Pursuant to the Decree No. 95/2012/ND-CP dated November 12, 2012, on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to Law on foodstuff safety No. 55/2010/QH12 dated July 17, 2010;

Pursuant to the Government’s Decree No. 38/2012/ND-CP dated April 25, 2012, detailing implementation of a number of Articles of Law on foodstuff safety;

The Minister of Industry and Trade promulgates Circular providing for state inspection of foodstuff safety for imported foodstuff under the management responsibility of the Ministry of Industry and Trade

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular stipulated methods, content, process of, procedures for inspection and organization of state inspection of foodstuff safety for import products and goods, including: Alcohols, beers, beverages, processed milk, vegetable oil, products processed from powder, starch, cakes, jam, candies and packing containing the above products (hereinafter collectively referred to as foodstuff products).

2. The following cases will be exempted from state inspection of foodstuff safety for imported foodstuff:

a) Foodstuff carried together with the entry persons for individual consumption in the quotas eligible for import tax exemption;

b) Foodstuff in diplomatic bags, consular bags;

c) Foodstuff of transit, border-gate transfer;

d) Foodstuff sent into bonded warehouses;

dd) Foodstuff being trial or research samples;

e) Foodstuff being models displayed in fairs, exhibitions.

Article 2. Subjects of application

This Circular applies to organizations and individuals related to import operation of foodstuff products defined in Clause 1 Article 1 of this Circular on Vietnam’s territory. 

Article 3. Interpretation of terms

1. Lot of foodstuff products is a defined volume of a type of product with the same name, quality, raw materials, expiry date and produces at the same facility (hereinafter abbreviated to product lot).

2. Lot of import goods: Being a quantity of import goods registered for inspection once.

3. Lot of inspection goods: Being a quantity of goods of a same kind, of a production facility already registered for inspection at once.

4. Violation of regulations on foodstuff safety: Goods being detected to contain factors cause harm to human health and life.

5. Frequency of taking samples from goods lot: Being number of times to take samples to test for goods lots inspected upon import.

6. Goods owner: Being organizations or individuals owning legally imported goods.

Article 4. Requirements for imported foodstuff

Foodstuff products defined in Clause 1 Article 1 of this Circular are only allowed circulating, consuming in Vietnamese market after state inspection agencies have issued one of the following papers:

a) Notification of foodstuff of satisfaction of import requirements;

b) Notification of foodstuff only inspected dossier. 

Click download to view the full text