Thông tư liên tịch 20/1999/TTLT-YT-TM-NNPTNT

JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF DECREE No. 19/1999/ND-CP OF APRIL 10, 1999 OF THE GOVERNMENT ON THE PRODUCTION AND SUPPLY OF IODIZED SALT TO CONSUMERS

In execution of Decree No.19/1999/ND-CP of April 10, 1999 of the Government on the production and supply of iodized salt to consumers the Ministry of Health, the Ministry of Trade and the Ministry of Agriculture and Rural Development jointly provide the following detailed guidance for the implementation of this Decree:

Chapter I

GENERAL PROVISIONS

1. General concept:

1.1. Iodized salt for human consumption is called kitchen salt. It is Sodium Chloride (NaCl) salt produced from sea water or exploited from salt mines up to Vietnam’s standard, then mixed with Kali Iodate (KIO3) at the rate stipulated by the Ministry of Health aimed at preventing goiter, cretinism and other diseases caused by iodine deficiency.

1.2. Kitchen salt produced for sale on the market to consumers must ensure the following requirements:

a/ It must be produced by enterprises and factories producing kitchen salt (hereafter commonly called kitchen salt producing establishments) which have been issued with certificates of qualification in criteria and conditions for producing kitchen salt by the Ministry of Health.

b/ It must be registered for product quality and trade mark as stipulated in Article 13 and Article 15 of Decree No.19/1999/ND-CP of April 10, 1999 of the Government on the production and supply of iodized salt to consumers and other provisions of law on trade mark.

1.3. Enterprises and traders of kitchen salt can only buy and sell kitchen salt produced by kitchen salt producing establishments which have ensured the criteria stipulated at Points 1 and 2 above.

1.4. Kitchen salt must be preserved, transported and stored according to the stipulations in Articles 14, 15, 16, 17 and 18 of Decree No. 19/1999/ND-CP of April 10, 1999 of the Government on the production and supply of iodized salt for consumers.

1.5. The use of kitchen salt in cattle and poultry raising is encouraged.

1.6. The Ministry of Health shall provide specific guidance for persons who cannot consume kitchen salt for pathological reasons.

2. Competence and functions of the related ministries and branches:

2.1. The Ministry of Agriculture and Rural Development shall perform its function of State management on the organization of production of kitchen salt, decide the planning of the network of kitchen salt producing establishments throughout the country and coordinate with the Ministry of Trade in organizing the circulation of kitchen salt throughout the country.

2.2. The Ministry of Health shall issue certificates of qualification in criteria and conditions for producing kitchen salt for enterprises, ensure the quality of Kali Iodate (KIO3), supply the necessary quantity of KIO3 to the kitchen salt producing establishments (within plan) in order to process kitchen salt; supervise the organization of production, closely supervise the quality of kitchen salt from production to consumption, stipulate the content of KIO3 in kitchen salt and ensure the requirements of prevention and fight against diseases caused by iodine deficiency; publicize the list of the kitchen salt producing establishments already issued with certificates of qualification in criteria and conditions for producing kitchen salt.

2.3. The Ministry of Trade shall perform its function of State management on commercial activities in the circulation of kitchen salt on the market, draw up the plan of expanding the network of kitchen salt circulation, ensure the supply of kitchen salt in accordance with policy, quality standards and stipulations on price.

3. Scope of regulation of the Circular:

3.1. This Circular provides concrete stipulations for the planning of producing kitchen salt, the State management of kitchen salt production, the criteria, conditions and procedures for issuing certificates of qualification in criteria and conditions for producing kitchen salt, the plan of expanding the network of kitchen salt circulation, ensure the supply of kitchen salt in accordance with policy, criteria and stipulations on price.

3.2. The planning, organization of production, circulation and supply of common salt (without iodine) do not come under the scope of regulation of this Circular.

4. Objects for implementation of this Circular:

This Circular applies to the State management agencies belonging to the branches of Health, Trade, Agriculture and Rural Development and enterprises and traders of kitchen salt on the Vietnamese market.

Chapter II

PLANNING OF PRODUCTION OF KITCHEN SALT

1. Planning the network of production of kitchen salt:

1.1. Kitchen salt producing establishments must assure the following conditions:

a/ On the place of production:

- It must lie near the source of raw material (salt fields) already planned with the aim of ensuring the supply of sufficient raw material for the kitchen salt producing establishments to conduct stable and long-term activities, and to make full use of the capacity of their existing equipment.

- It must have the convenient infrastructure (electricity, water, communications…) and fully meet the requirements in production and consumption.

- It must ensure environmental hygiene, especially through the treatment of waste in the process of production.

b/ On equipment:

- For the establishments producing iodized granulated salt, the main equipment shall consist of iodine mixer, packaging machine and room to inspect the quality of kitchen salt.

- For the establishments producing refined iodized salt, the main equipment shall consist of equipment to eliminate impurities, equipment to powder salt, equipment to reduce humidity, iodine mixer, packaging machine and room to check the quality of kitchen salt.

c/ All the kitchen salt producing establishments must fully meet the criteria and conditions for producing kitchen salt as prescribed in Articles 7 and 8 of Decree No. 19/1999/ND-CP of April 10, 1999 of the Government on the production and supply of iodized salt for consumers.

Kitchen salt producing establishments set up after this Circular takes effect must ensure all the conditions stipulated at Points a, b and c above.

Kitchen salt producing establishments which have been issued with certificates of qualification in criteria and conditions for producing kitchen salt but which have not met the stipulations at Points a and b mentioned above must step by step strengthen and perfect themselves. In particular, the equipment must receive early investment. By the year 2000 at the latest these enterprises must have all the prescribed equipment.

1.2. Planning of kitchen salt producing establishments: On the basis of the people’s demand for kitchen salt and the requirement of the market, to determine the capacity of the kitchen salt producing establishments now existing in the localities in order to work out the plan of upgrading, expanding and building new kitchen salt producing establishments. The building of new establishments must meet all the conditions mentioned above and the places, scale and time of construction must be specified.

1.3. The Agriculture and Rural Development Service shall assume the main responsibility and coordinate with the related agencies of the province and the Vietnam Salt Corporation to revise the plan of producing kitchen salt and submit it to the People’s Committees of the province for consideration and decision and send the plan to the Ministry of Agriculture and Rural Development by December 31, 1999 at the latest for integration and submission to the Minister of Agriculture and Rural Development for consideration and approval of the Plan for production of kitchen salt in the whole country.

1.4. On the basis of the plan approved by the Minister of Agriculture and Rural Development, the investors must elaborate projects for transformation and upgrading or building new kitchen salt producing establishments and submit them to the competent State agencies for approval.

2. State management by the Ministry of Agriculture and Rural Development on production of kitchen salt:

2.1. The Ministry of Agriculture and Rural Development shall elaborate and submit to the Government for promulgation the mechanism and policy on development of the production of kitchen salt, issue according to its competence the regulatory legal documents as basis for the State management of the production of kitchen salt; direct the elaboration of the project and organize the examination of the project for investment in production of kitchen salt.

2.2. The Agriculture and Rural Development Service shall draw up the long term and short term planning and plans for the production of kitchen salt in order to ensure balance of the need and submit them to the provincial People’s Committee and report to the Ministry of Agriculture and Rural Development for integration into a common plan of the whole branch. The Agriculture and Rural Development Service shall help the provincial People’s Committee to direct and inspect the implementation of the policies and stipulations of the State and the branch concerning the organizations and individuals producing kitchen salt in the locality.

2.3. The Agriculture and Rural Development Services of the provinces, the Agriculture and Rural Development Sections of the districts shall help the People’s Committees of the provinces and districts to perform their function of State management on the production of kitchen salt in the localities, at the same time place themselves under the direction of the Ministry of Agriculture and Rural Development in professional and specialized matters in the production and business of salt (according to Joint Circular No. 03/1998/TTLT-BNN-BTCCBCP of April 27, 1998). To perform their assigned functions and tasks, the Agriculture and Rural Development Services of the provinces which produce kitchen salt should assign the functional sections to help them to carry out the professional and specialized task and assign capable cadres to monitor questions related to kitchen salt.

Chapter III

ON THE EXPANSION OF THE CIRCULATION NETWORK OF KITCHEN SALT AND ASSURANCE OF SUPPLY OF KITCHEN SALT IN ACCORDANCE WITH POLICY, QUALITY STANDARDS AND STIPULATIONS ON PRICE

1. On the organization to expand the network of kitchen salt sale:

1.1. For the market in mountain areas: Depending on the conditions of geography, transport and consumption capacity, the Trade and Tourism Service shall organize and direct the expansion of the network of sale of kitchen salt (including storage, wholesale and retail sale shops) suited to the local conditions, ensure convenience in buying and selling for the consumers, carry out the plan of storing kitchen salt to meet the need of consumption of the people in the highlands and to avoid shortage of kitchen salt during the rain and flood season.

1.2. For the market in the delta: The Trade and Tourism Service shall assume the main responsibility and coordinate with the Vietnam Salt Corporation and the enterprises located in the locality in organizing wholesale and retail sale of kitchen salt (fixed, mobile) at the markets, trade centers (including super markets) of the city, town and rural markets, the inter-provincial, inter-district and inter-commune communication hubs and the populated population centers… in order to expand the network of kitchen salt sale suited to the conditions and characteristics of the market and population density in the locality and ensure convenience for the consumers.

2. On the organization of the supply and sale of kitchen salt:

2.1. The Ministry of Trade shall assume the main responsibility and coordinate with the Ministry of Agriculture and Rural Development and the localities having kitchen salt producing establishments (within plan) in balancing and regulating the demand and supply of kitchen salt in the whole country, in which the Vietnam Salt Corporation shall play the key role in organizing the circulation and supply of kitchen salt on the market.

2.2. The enterprises and traders of salt shall carry out fully the stipulations on ensuring the quality of kitchen salt stipulated in Articles 12, 13, 14, 15, 16, 17, 18 and 19 of Decree No. 19/1999/ND-CP of April 10, 1999 of the Government on producing and supplying iodized salt to consumers.

2.3. Kitchen salt circulated on the market must meet the quality standards prescribed by the Ministry of Health and must remain within the expiry use date. To post up the price of kitchen salt at the sale places. It is forbidden to sell kitchen salt at the shops selling articles with strong odors or noxious substances, such as gas and oil, pesticides, chemical fertilizers…

2.4. Enterprises and traders are strictly forbidden to sell faked kitchen salt, substandard kitchen salt or kitchen salt that has expired its use date, and to buy kitchen salt from establishments not yet issued with certificates of qualification in criteria and conditions for production.

2.5. The Trade and Tourism Services of the centrally-run provinces and cities shall guide and help the enterprises and traders of kitchen salt on the market to observe the following principles:

a/ In the localities which can produce kitchen salt on their own, the kitchen salt producing establishments must organize themselves the wholesale and retail sale points, or commission other enterprises to conduct direct retail sale of kitchen salt to consumers and to traders who need it.

b/ For the localities which cannot produce kitchen salt on their own must sign contracts to buy kitchen salt from the production establishments which have been issued with certificates of qualification in criteria and conditions for producing kitchen salt.

3. On the selling price of kitchen salt:

3.1. For the markets in mountain areas and on offshore islands: The selling price of kitchen salt shall be covered by the price subsidy and transport subsidy policy stipulated in Decree No. 20/1998/ND-CP of March 31, 1998 of the Government.

3.2. For other areas (outside the market in mountain areas and on offshore islands): the selling price of kitchen shall conform to the market price.

Chapter IV

DOSSIER, PROCEDURES AND COMPETENCE IN APPLYING FOR CERTIFICATE OF QUALIFICATION IN CRITERIA AND CONDITIONS FOR PRODUCING KITCHEN SALT

1. Organizations and individuals that wish to produce kitchen salt shall have to send a dossier of application for a certificate of qualification in criteria and conditions for producing kitchen salt to the Health Service of the province or centrally-run city (where the business has its office). The dossier comprises:

1.1. An application for the certificate of qualification in criteria and conditions for producing kitchen salt.

1.2. A certificate of business registration (notarized copy or valid copy as prescribed by law). If a factory or enterprise asks to add production of kitchen salt to its task or to expand the scope of production of kitchen salt, it must have a decision or a written permission of the competent authority (a notarized copy or valid copy as prescribed by law).

1.3. The plan of the enterprise for production of kitchen salt with specifications of its place, specialized equipment, technical and material bases (according to the set form).

1.4. Diploma of specialization: Certificates of specialization and technical management cadres, laboratory cadres (notarized copy or valid copy as prescribed by law).

1.5. Health certificates of public servants and personnel issued by the health authorities at district or equivalent level certifying that the applicant has been medically checked and is medically qualified to work.

1.6. A product quality registration paper.

1.7. A certificate of security in food hygiene issued by the Preventive Medicine Center under the Health Service of the province or centrally-run city, if the product of the enterprise has registered for security in food hygiene (a notarized copy or valid copy as prescribed by law).

1.8. A certificate of the provincial People’s Committee that the said establishment lies in the plan already approved.

2. After receipt of the full dossier as stipulated, the Health Service shall check the criteria and conditions as stipulated in Articles 7 and 8 of Decree No. 19/1999/ND-CP of April 10, 1999 of the Government on the production and supply of iodized salt to consumers and the criteria and conditions stipulated in this Circular. If all the criteria and conditions as prescribed are met, the Health Service shall send an official dispatch attached to the inspection attestation to the Ministry of Health proposing consideration and issue of the Certificate of qualification in criteria and conditions for producing kitchen salt.

3. The Ministry of Health shall set up an Advisory Council to help the Minister in the consideration and in the issue of the certificate of qualification in criteria and conditions for producing kitchen salt. The Council shall have the Vice Minister in charge of medical examination and treatment as chairman; the heads of the Therapy Department and the manger of the Program against Disorders Caused by Iodine Deficiency as Vice Chairmen; the representatives of the leadership of the Department for Management of the Quality and Food Security Hygiene and the Legal Department of the Ministry of Health as members.

4. The Therapy Department (Program against Disorders Caused by Iodine Deficiency) shall act as a center to receive the dossiers as stipulated in Point 1 above. After reception of the full and valid dossier, the Council shall consider and examine. If the applicant meets the prescribed criteria and conditions, the Council shall propose that the Minister of Health consider and issue the certificate of qualification in criteria and conditions for producing kitchen salt to the enterprise.

5. The certificate of qualification in criteria and conditions for producing kitchen salt is valid for 5 years after it is issued. Three months before the expiry date, the enterprises shall have to fill in procedures for application to re-issue of the certificate.

Chapter V

INSPECTION, SUPERVISION AND HANDLING OF VIOLATIONS

1. The establishments producing and circulating kitchen salt are placed under the inspection, supervision of the medical agencies and competent State management agencies.

2. The specialized inspectors in the domains of health and trade and the presidents of the People’s Committees at all levels have the competence to handle administrative violations in the production and supply of kitchen salt as stipulated in the Ordinance on the Handling of Administrative Violations and Decree No. 46/CP of August 6, 1996 of the Government providing for sanctions against administrative violations in the domain of State management in health.

3. The specialized inspectors of the Ministry of Health and the Market Management Department of the Ministry of Trade are entitled to impose sanctions against administrative violations in the whole country. The specialized inspectors of the Health Service, the Market Management Division under the Trade Service are entitled to impose sanctions in the locality under their management.

4. The forms and levels of sanction against the administrative violations in the production and supply of kitchen salt are stipulated in Article 21 of Decree No. 19/1999/ND-CP of the Government on the production and supply of iodine to consumers.

Chapter VI

IMPLEMENTATION PROVISIONS

1. This Circular takes effect 15 days after its signing for promulgation and replaces Circular No. 01/TM-KD of January 16, 1995 of the Ministry of Trade.

2. Under the direction of the presidents of the People’s Committees of the provinces and centrally-run cities, the Directors of the Health Services, the Trade and Tourism Services and the Agriculture and Rural Development Services shall have to organize the implementation of this Circular and periodically report to the Ministry of Health (the Therapy Department), the Ministry of Trade (the Department of Trade Policies in the country) and the Ministry of Agriculture and Rural Development (the Department of Agro-forestrial Products Processing and Rural Trades and Crafts).

In the process of implementation, if any difficulties arise, the units and localities should report in time to the inter-ministries for study and appropriate amendment and supplementation.