Thông tư 05/2013/TT-BNNPTNT

CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE CIRCULAR NO. 13/2011/TT-BNNPTNT OF MARCH 16, 2011, GUIDING FOOD SAFETY INSPECTION FOR IMPORT GOODS OF PLANT ORIGIN

Pursuant to the Government’s Decree No. 01/2008/ND-CP of January 03, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development; the Government's Decree No. 75/2009/ND-CP of September 10, 2009 amending Article 3 of the Government’s Decree No. 01/2008/ND-CP of January 03, 2008;

Pursuant to the Law of Food safety No. 55/2010/QH12 passed by National Assembly on June 17, 2010;

Pursuant to the Government’s Decree No. 38/2012/ND-CP of April 25, 2012,detailing a number of articles of the Law of Food safety;

At the proposal of Director of National Agro-Forestry-Fisheries Quality Assurance Department, Director of Plant Protection Department,

The Minister of Agriculture and Rural Development promulgates this Circular amending and supplementing a number of articles of the Circular No. 13/2011/TT-BNNPTNT of March 16, 2011, guiding food safety inspection for import goods of plant origin.

Article 1. To amend and supplement a number of articles of the Circular No. 13/2011/TT-BNNPTNT of March 16, 2011, guiding food safety inspection for import goods of plant origin as follows:

1. To amend clause 1, Article 1 as follows:

“2. Goods subject to adjustment of this Circular as prescribed in clause 3, Article 14 and clause 3, Article 21 of the Government’s Decree No. 38/2012/ND-CP of April 25, 2012 detailing a number of articles of the Law of Food safety (hereinafter referred to as the Decree No. 38/2012/ND-CP) and documents guiding implementation of the Decree No. 38/2012/ND-CP.”

2. To amend clause 6 into Article 3 as follows:

“6. Goods being sample goods to display in fairs, exhibition”.

3. To amend point a, point b, clause 1, Article 5 as follows:

“a) Being produced by countries recognized by Vietnamese Competent agencies to meet fully Vietnamese food safety requirements, excluding import goods to do as raw materials for export processing;

b) Being packed or contained in proper means; labeled in accordance with current law regulations on goods labeling.”

4. To amend and supplement the first paragraph of Article 10 as follows:

“Exporting countries’ agencies competent to Food safety of goods of plant origin (hereafter referred to as Competent agencies of exporting countries) send registration dossier in English or Vietnamese to the National Agro-Forestry-Fisheries Quality Assurance Department”.

5. To amend clause 3 Article 14 as follows:

“3. The reduced inspection: To apply according to clause 2 Article 39 of Law of Food safety and Article 15 of the Decree No. 38/2012/ND-CP Methods of inspection, taking test sample of the inspected consignment shall comply with International treaties in which Vietnam has concluded or acceded on mutual recognition for activities of food safety certification”.

6. To amend clause 4, Article 27 as follows:

“4. To formulate annual plans, estimations and make funding settlement (allocated by the State budget) in service for inspection on food safety for exporting countries and import goods under assignment, applicable to contents which are not entitled to collect charges, fees, to summarize into annual estimations and settlements of the Ministry of Agriculture and Rural Development as prescribed in the Law on budget and current guiding documents.”

7. To amend clause 5, Article 28 as follows:

“To formulate annual plans, estimations and make funding settlement (allocated by the State budget) in service for inspection on food safety for import goods under assignment, applicable to contents which are not entitled to collect charges, fees, to summarize into annual estimations and settlements of the Ministry of Agriculture and Rural Development as prescribed in the Law on budget and current guiding documents.”

Article 2. Effect

1. This Circular takes effect on July 01, 2013.

2. To annul Annex 1 of List of goods in scope of the Circular promulgated together with the Circular No. 13/2011/TT-BNNPTNT of March 16, 2011 of the Ministry of Agriculture and Rural Development.

Article 3. Implementation responsibility

The Chief of the Ministry Office, Director of National Agro-Forestry-Fisheries Quality Assurance Department, Director of Plant Protection Department, heads of Ministerial units, relevant organizations and individuals shall implement this Circular.