Quyết định 649/2000/QD-BTS

DECISION

PROMULGATING THE REGULATION ON INSPECTION AND RECOGNITION OF AQUATIC PRODUCTS MANUFACTURING AND BUSINESS ESTABLISHMENTS MEETING FOOD HYGIENE AND SAFETY STANDARDS, IN REPLACEMENT OF THE REGULATION PROMULGATED TOGETHER WITH DECISION No. 01/2000/QD-BTS OF JANUARY 3, 2000

THE MINISTER OF AQUATIC RESOURCES

Pursuant to the Government’s Decree No. 50/CP of June 21, 1994 defining the tasks, powers and organizational apparatus of the Ministry of Aquatic Resources;
Pursuant to the Government’s Decree No. 86/CP of December 8, 1995 assigning the responsibility for the State management over the goods quality;
Pursuant to the Prime Minister’s Decision No. 19/2000/QD-TTg of February 3, 2000 disregarding assorted licenses and permits contrary to the provisions of the Enterprise Law;
Pursuant to Joint Circular No. 02/TT/LB of May 24, 1996 of the Ministry of Science, Technology and Environment and the Ministry of Aquatic Resources guiding the implementation of the Government’s Decree No. 86/CP of December 8, 1995;
At the proposal of the director of the Department for Science and Technology,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on Inspection and Recognition of Aquatic Product Manufacturing and Business Establishments Meeting the Food Hygiene and Safety Standards in replacement of the Regulation issued together with Decision No. 01/2000/QD-BTS of January 3, 2000 of the Minister of Aquatic Resources.

Article 2.- The following subjects shall not be governed by this Regulation:

a) Family-based aquatic products processing establishments for retail;

b) Establishments for aquatic product retail, aquatic food catering services;

c) Fishing ships with main engine of under 90 cv;

d) Fishing boats (manual);

e) Fish wharves (manual);

f) Establishments for processing aquatic products not to be used as food.

Article 3.- This Decision takes effect 15 days after the signing for promulgation. The director of the Department for Science and Technology shall have to guide and inspect the execution of this Decision.

Article 4.- The director of the Office, the directors of the Departments, the inspector, and the head of the Department for Aquatic Resources Protection, of the Ministry, the directors of the provincial/municipal Services for Aquatic Resources and of the provincial/municipal Agriculture and Rural Development Services which manage aquatic resources shall have to implement this Decision.

REGULATION

ON INSPECTION AND RECOGNITION OF AQUATIC PRODUCTS MANUFACTURING AND BUSINESS ESTABLISHMENTS MEETING FOOD HYGIENE AND SAFETY STANDARDS
(Issued together with Decision No. 649/2000/QD-BTS of August 4, 2000 of the Minister of Aquatic Resources)

Chapter I

GENERAL PROVISIONS

Article 1.- Subjects and scope of regulation

1. This Regulation prescribes the order and procedures for recognizing the aquatic product manufacturing and business establishments (hereinafter called establishments for short) meeting the food hygiene and safety (hereinafter abbreviated to FHS) standards.

2. Subjects governed by this Regulation shall include:

a) Establishments for industrial processing, packing or preservation of aquatic products for use as food.

b) Establishments for manual processing/preliminary processing of aquatic products; aquatic product purchasing establishments; bivalve mollusk cleaning establishments; fishing ships, fish ports; semi-intensive, intensive or industrial aquaculture establishments; aquatic raw materials wholesale markets; special-use motorized means for aquatic products transportation.

Article 2.- Term interpretation

In this Regulation, the following terms shall be construed as follows:

1. Establishments for industrial processing, packing or preservation of aquatic products are aquatic products manufacturing establishments where the mechanical, thermal, electrical and refrigerating equipment play the decisive role in the aquatic product processing, packing or preservation technology chains.

2. Manual processing/preliminary processing establishments are aquatic product manufacturing establishments where the mechanical and electrical equipment only play the support role in the aquatic products processing/preliminary processing technology chains.

3. Semi-intensive, intensive or industrial aquaculture establishments are commercial aquaculture establishments, using at various extents artificial breeds, industrial feeds as well as mechanical and electrical equipment to implement the aquaculture technology process.

4. Fish ports are special-use construction works equipped with facilities to receive, load, unload, treat and preserve aquatic resource raw materials from fishing ships and provide services for fishing ships.

5. Aquatic resource raw materials wholesale markets are special-use construction works for the purpose of organizing the aquatic resource raw materials wholesale.

6. Fishing ships are special-use aquatic means for the exploitation, gathering, preservation and transport of aquatic resources raw materials, equipped with engines.

Article 3.- Bases for inspection and recognition of establishments meeting the FHS standards

1. The bases for inspection and recognition of establishments meeting the FHS standards are the Vietnamese standards, the Aquatic Resources Sector’s standards and the Aquatic Resources Ministrys stipulations on conditions for ensuring the FHS, including the FHS management system, compulsorily applied to each type of establishment.

2. The time limits and standards compulsorily applied to each type of establishment mentioned in Clause 2, Article 1, shall be prescribed by the Ministry of Aquatic Resources for each period, according to Appendix 1 to this Regulation.

3. For establishments which process and pack aquatic products to be exported to countries with requirements and standards different from Vietnamese regulations, the inspection and recognition of conditions on ensuring the FHS shall be based on the standards and regulations of the importing countries, which are recognized and permitted for application by the Ministry of Aquatic Resources, or on the agreements reached between Vietnam and importing countries.

Article 4.- FHS condition inspecting bodies

1. FHS conditions inspecting bodies (hereinafter called the inspecting bodies) are organized at two levels: The central inspecting body and the local inspecting body (provincial and municipal level).

2. The Central Inspecting Body is the Aquatic Product Quality and Hygiene Inspection Center, which is responsible for inspecting the FHS conditions for types of establishments mentioned in Item a, Clause 2, Article 1 of this Regulation.

The Local Inspecting Body is the Sub-Department for Aquatic Resources Protection; where there is no such sub-department, the local inspecting body shall be designated by the provincial/municipal Agriculture and Rural Development Service which manages aquatic resources, after getting the approval of the Ministry of Aquatic Resources. It is responsible for inspecting the FHS conditions for establishments mentioned in Item b, Clause 2, Article 1 of this Regulation.

Article 5.- Forms of inspection and verification

1. The first-time inspection, applicable to:

a) Establishments which have not yet been inspected and recognized;

b) Establishments which have already been recognized but changed their production places.

2. Re-inspection, applicable to:

a) Establishments which have already been inspected, but failed to fully meet the conditions for recognition;

b) Establishments which have already been recognized, but later:

- Rearranged or expanded their production grounds;

- Changed the main technological equipment;

- Turned out products different from the groups of products already registered.

c) Establishments which have been suspended from recognition, but have already remedied errors.

3. Periodical inspection: complying with the inspecting bodies’ plans with a view to supervising the maintenance of the establishments’ FHS conditions.

4. Irregular inspection is the measure taken by the inspecting body when necessary, without advance notification to the establishments thereof.

5. Verification is the measure taken by the Recognizing Bodies:

a) When the establishments lodge complaints about the conclusions of the inspecting bodies;

b) In necessary cases to satisfy the management requirements.

Article 6.- Recognizing Bodies

1. The bodies which recognize establishments meeting the FHS conditions (hereinafter called the Recognizing Bodies for short) are organized at two levels: At the central level, it is the Ministry of Aquatic Resources; at the provincial/municipal level, it includes the Aquatic Resource Services or the Agriculture and Rural Development Services which manage aquatic resources.

2. The Ministry of Aquatic Resources shall recognize the establishments mentioned in Item a, Clause 2, Article 1 of this Regulation.

3. The provincial/municipal Aquatic Resources Services, and the Agriculture and Rural Development Services managing aquatic resources shall recognize establishments in their respective localities, which are mentioned in Item b, Clause 2, Article 1 of this Regulation.

Article 7.- Forms of recognition of establishments meeting the FHS conditions

1. According to the scope prescribed in Clause 1 or Clause 2 of Article 6, the Recognizing Bodies shall issue decisions to recognize establishments meeting the FHS conditions. Quarterly, the list of the above-mentioned establishments shall be announced.

2. Where an enterprise has 02 or more independent affiliates (workshops), the recognition shall be valid only for establishments clearly defined in the list mentioned in Clause 1, this Article.

3. Each recognized establishment shall be supplied with a code. The system of code shall be stipulated by the Ministry of Aquatic Resources and uniformly applied nationwide, according to Appendix No.2 to this Regulation.

Chapter II

INSPECTION OF FHS CONDITIONS

Article 8.- Inspection registration

1. Establishments shall have to make registration with the Inspecting Bodies according to the responsibility assignment mentioned in Article 4 in order to get the inspection and recognition of FHS conditions.

2. Dossiers of registration for first-time inspection: The establishments shall submit 2(two) sets of dossiers, each of which includes:

a) The inspection registration paper;

b) The establishment’s report on conditions to ensure FHS.

3. Dossiers of registration for re-inspection: The establishments shall submit 2(two) sets, each of which includes:

a) The re-inspection registration paper;

b) The report on change of conditions to ensure FHS.

4. The forms of registration for inspection and re-inspection, the forms of the establishments’ report on FHS conditions and the forms of the report on the change of conditions to ensure FHS shall be prescribed by the Central Inspecting Body and uniformly applied nationwide.

Article 9.- Certification of registration and inspection notices

Upon the receipt of the dossiers of registration for inspection, the Inspecting Bodies shall have to:

1. Consider the dossiers and guide the establishments to add inadequate contents;

2. Certify the full receipt of the dossiers of registration;

3. Notify the time for inspection (such time must not be longer than 30 days after the full receipt of dossiers of registration).

Article 10.- Setting up inspection/verification team

1. The heads of the Inspecting Bodies shall issue decisions to set up teams for inspection of FHS conditions for establishments subject to the first-time inspection, re-inspection or irregular inspection. The periodical inspections shall be conducted according to the Inspecting Bodies’ plans, hence no need to issue decisions thereon.

2. The heads of the Recognizing Bodies shall issue decisions to set up verification teams in cases stated in Clause 5, Article 5.

3. The decision on setting up the inspection team or verification team should clearly state:

a) The scope of inspection and the team’s responsibility;

b) The name of the inspected/ verified establishment;

c) The full names and titles of the team’s leader and members.

4. Members of the inspection teams or verification teams are officials who have been trained in inspection operation and fully capable of conducting the inspection of FHS conditions in the field of aquatic products.

Article 11.- Inspection contents and methods

1. The inspection contents must conform to the regulation on standards of the FHS conditions, corresponding to each type of establishments to be inspected (according to the provisions in Appendix 1 to this Regulation).

2. The inspection methods, lists of groups of items to be inspected, the methods of assessment of the erroneousness of each group of item, the classification standards applicable to each type of establishment shall be worked out by the Central Inspecting Body and submitted to the Ministry of Aquatic Resources for uniform application throughout the country.

3. The inspection teams shall have to make the assessment of all contents and item groups to be inspected according to the provisions in Clause 2 of this Article; and after the inspection, have to rate the establishments for their extents of ensuring the FHS conditions according to the classification standards:

a) Class A: Reaching the FHS standards;

b) Class B: Reaching the FHS standards but still having some minor errors which exert little impacts on FHS of the aquatic products;

c) Class C: Still having some big errors, which may affect the FHS of the products;

d) Class D: Still having many serious errors which are beyond remedy within a short period of time, if the production continues, serious impacts on FHS of the aquatic products shall be exerted.

Article 12.- Inspection frequency

1. The periodical inspection frequency for establishments shall be stipulated as follows:

a) For the establishments stated in Item a, Clause 2, Article 1:

- Class A establishments: Once every 6 months

- Class B establishments: Once every 3 months

- Class C establishments: Once every month

b) For the establishments stated in Items b, Clause 2, Article 1:

- Class A establishments: Once every 12 months

- Class B establishments: Once every 6 months

- Class C establishments: Once every 3 months

2. The establishments which have their products exported into the EU market or other markets, which require the periodical inspection frequencies higher than those prescribed in Clause 1, shall conduct the inspections according to such requirement.

Article 13.- Inspection records

1. The inspection record forms shall be prescribed by the Central Inspecting Body for various types of establishment, submitted to the Ministry of Aquatic Resources for promulgation and uniform application.

2. An inspection record must:

a) Be inscribed according to set form, fully and accurately reflecting the inspection results, and be made right at the establishments upon the conclusion of the inspection;

b) Clearly inscribe the to be-remedied contents of each items which fail to meet the standards and regulations (if any);

c) Clearly state the general assessment of the inspection team, determine the FHS rate for establishments according to the provisions in Clause 3, Article 11;

d) Be affixed with the signatures of the head of the inspection team and the competent representatives of the establishments and be stamped with the seals (if any) of the inspected establishments;

e) Be made in 2(two) copies: 1 to be kept at the Inspecting Body and 1 to be handed over to the establishments; in case of necessity, the number of such copies may be increased.

3. If disagreeing with the conclusions of the inspection teams, the representatives of the establishment may write their petitions or complaints at the bottom of the records before signing and stamping them for certification. The inspection records remain legally valid in cases where the representatives of the establishments refuse to sign.

Chapter III

RECOGNITION OF ESTABLISHMENTS MEETING FHS STANDARDS

Article 14.- Recognition

1. For the establishments subject to the first-time inspection or re-inspection, which are ranked Class A or Class B as prescribed in Clause 3, Article 11, the Inspecting Bodies shall, within 15(fifteen) days after the inspection, have to submit their dossiers to the Recognizing Bodies requesting the recognition of establishments meeting the FHS standards.

2. The dossiers of recognition request shall include:

a) The establishment’s dossiers of registration for inspection as stated in Article 8;

b) The inspection record;

c) The written proposal of the head of the Inspecting Body for the recognition of the establishment meeting the FHS standards.

3. Within 7 (seven) days after the full receipt of dossiers, the Recognizing Body shall have to issue decision on recognition and grant code number to the establishment as prescribed in Article 7 of this Regulation. The decision shall be made in 4 (four) copies to be addressed to the establishment, the Inspecting Body, the agency which has granted the business registration certificate to the establishment, and to be archived.

4. After the recognition, the Recognizing Body shall transfer the dossiers of request for the recognition to the Inspecting Body of the same level for archive.

Article 15.- Cases of failure to meet the conditions for recognition

For establishments subject to the first-time inspection or re-inspection and failing to satisfy the FHS conditions (Class C and Class D), the Inspecting Body and the Recognizing Body shall, within 15(fifteen) days after the inspection and basing themselves on the inspection records, have to apply the following measures:

1. For Class C establishments:

a) The head of the Inspecting Body shall send notice on failure to meet the FHS standards to the establishment. The notice is made in 3(three) copies to be addressed to the establishment and the Recognizing Body (enclosed with the copy of the inspection record) and to be archived.

b) The notice contents:

 The reasons for Class C rating;

 The time limit for completion of the repair of items;

 The notification on form of intensification of the inspection of the FHS conditions.

2. For Class D establishments

a) The Inspecting Body shall send the written request for non-recognition, enclosed with the dossiers as stipulated in Article 14, Clause 2, Items a and b to the Recognizing Body.

b) Right after the full receipt of the dossiers, the head of the Recognizing Body shall consider and send the non-recognition notice, which is made in 4 (four) copies to be sent to the establishment, the Inspecting Body and the agency which has granted the business registration certificate to the establishment, and to be archived.

c) The notice contents:

- The reasons for Class D rating, clearly pointing to the number of errors and their seriousness;

- The regulations on items to be amended;

- Requesting the agency which has granted the business registration certificate to the establishment to issue notice on definite suspension of the effect of the business registration certificate;

- Requesting the State Quality Control Body not to grant the quality certificates to goods turned out by the establishment as from the date the notice is issued.

Article 16.- For establishments which have already been recognized but committed violations

1. For establishments which have already been recognized, but failed to well maintain the FHS conditions and been rated Class C after the inspection, the measures prescribed in Clause 1, Article 15 shall apply.

2. For the following cases, the head of the Inspecting Body shall send written document together with the complete dossiers to the Recognizing Body, proposing the issuance of decision to revoke the recognition decisions previously granted to:

a) Establishments rated Class D;

b) Establishments rated Class C and for more than 12 months having failed to apply measures to remedy errors;

c) Establishments having within 6 months had more than 2 goods lots returned or cancelled by domestic and/or foreign inspecting bodies;

d) Establishments which have failed to follow the written advice of the Inspecting Body, seriously breaching the regulation on the use of code numbers.

3. The head of the Recognizing Body shall consider and issue decisions to revoke the previous recognition decisions from establishments. Such a decision shall be made in 4(four) copies to be sent to the establishment, the Inspecting Body, the agency which has granted the business registration certificate to the establishment and to be archived.

Article 17.- Re-recognition

1. After remedying the errors, the establishments mentioned in Article 16 shall make registration for re-inspection according to the procedures prescribed in Clause 4, Article 8 of this Regulation.

2. The Inspecting Body shall conduct the re-inspection according to the provisions in Chapter 2. If the establishments are rated Class A or Class B, the Inspecting Body shall send written proposals to the Recognizing Body for the issuance of decisions on recognition of the establishments according to the procedures prescribed in Clause 2, Article 14.

3. On the basis of the consideration of the dossiers and the proposals of the Inspecting Body, the head of the Recognizing Body shall issue decisions to recognize the establishments according to the provisions in Clause 3, Article 14.

Chapter IV

RESPONSIBILITIES AND POWERS

Article 18.- Responsibilities of establishments

1. To fully observe the procedures and make dossiers prescribed in Article 8 of this Regulation;

2. To create favorable conditions for inspectors while they work at establishments;

3. To regularly maintain the recognized FHS conditions;

4. To seriously implement the remedy of errors stated in the inspection records and notices of the Inspecting Body and the Recognizing Body;

5. To pay inspection charge as prescribed.

Article 19.- Responsibilities and powers of the Central Inspecting Body

1. To organize the inspection of FHS conditions of establishments within the assigned scope in Clause 2, Article 4;

2. To draw up and submit to the Ministry of Aquatic Resources for approval the documents prescribed in Clause 2, Article 11 of this Regulation and to update, amend, supplement such documents for submission to the Ministry of Aquatic Resources for approval, when necessary;

3. To systematically keep all inspection dossiers of establishments; to supply dossiers and explain fully and accurately the inspection results when so requested by the Recognizing Body of the same level;

4. To settle complaints of establishments according to the provisions in Chapter 6 of this Regulation within the ambit of assigned competence;

5. To provide professional and operational guidance to local inspecting bodies, to support and coordinate with the local inspecting bodies in the management of FHS;

6. To sum up periodically before January 15 and July 15 every year the FHS management activities of the local inspecting bodies and establishments falling under its management, and send written reports thereon to the Ministry of Aquatic Resources, making proposals to improve this work.

Article 20.- Responsibilities and powers of local inspecting bodies

1. To perform tasks mentioned in Clauses 1, 3 and 4 of Article 19 within the scope of management assigned in Clause 3, Article 4;

2. To send periodically before January 15 and July 15 every year sum-up written reports to the provincial/municipal Services of Aquatic Resources (or the provincial/municipal Agriculture and Rural Development Services managing aquatic resources) and the Central Inspecting Body on the results of the inspection of the FHS conditions of the establishments under their respective management, making proposals to improve this work;

3. To coordinate with the concerned management bodies in the localities in guiding, propagating and educating the FHS knowledge to local people, and urge and inspect the observance of the regulations at the establishments under their respective management.

Article 21.- Responsibilities and powers of inspectors

1. To inspect, consider and evaluate the compatibility of the actual aquatic resource production and business situation with the prescribed standards;

2. To take samples as prescribed for inspection of the establishments’ FHS conditions;

3. To request the examination of books, documents and dossiers related to the program for management of FHS for aquatic products, to make photocopies and take notes of necessary information;

4. To make records on and seal samples for a necessary period of time, if there is evidence to confirm that the establishments violate this Regulation and other stipulations of the State related to ensuring FHS;

5. To report to the head of the Inspecting Body for handling the cases which go beyond their prescribed jurisdiction;

6. To keep confidential information related to the production and business secrets of the inspected establishments, to strictly observe the current law provisions.

Article 22.- Responsibilities of the Ministry of Aquatic Resources

1. To exercise the uniform management of the work of inspection and recognition of the FHS conditions of aquatic product manufacturing and business establishments throughout the country;

2. To issue recognition decisions, revoke the recognition decisions on establishments meeting the FHS conditions according to the provisions of this Regulation;

3. To approve organizations in the system of Central and local Inspecting Bodies;

4. To provide uniform direction of professional activities; to manage the activities of the Central Inspecting Body, the local Inspecting Bodies and the local Recognizing Bodies;

5. To periodically announce the lists of recognized establishments;

6. To coordinate with the concerned ministries, branches, provincial/ municipal People’s Committees in guiding, disseminating and inspecting the implementation of the regulations on ensuring the FHS conditions by establishments under its management.

Article 23.- Responsibilities of provincial/municipal Aquatic Resource Services and Agriculture and Rural Development Services managing aquatic resources

1. To direct, guide and inspect the implementation of this Regulation within the scope of management assigned in Clause 3, Article 6;

2. To issue recognition decisions, revoke recognition decisions according to the provisions of this Regulation within the scope of assigned management;

3. To guide, disseminate and inspect the implementation of the regulations of the Ministry of Aquatic Resources and the professional guidance of the Central Inspecting Body;

4. To build material bases and organize the personnel apparatus for local Inspecting Bodies, fully capable of inspecting the FHS conditions of aquatic product manufacturing and business establishments within the assigned scope;

5. To send before January 15 and July 15 every year written reports to the Ministry of Aquatic Resources and the provincial/municipal People’s Committees, the lists of establishments recognized in the period; the situation on recognition, inspection, supervision and handling of violations within the assigned scope;

6. To coordinate with concerned local agencies in inspecting the observance of provisions on FHS by establishments under their respective management.

Chapter V

INSPECTION CHARGE

Article 24.- Inspection charge

1. The inspecting bodies may collect inspection charge in the cases of : first-time inspection, re-inspection, periodical inspection. The charge level and use shall comply with the regulations and guidance of the Finance Ministry.

2. To strictly forbid the Recognizing Body, the Inspecting Bodies and inspectors to collect other charges and fees in contravention of the regulations.

Chapter VI

COMPLAINTS, SETTLEMENT OF COMPLAINTS AND SANCTION

Article 25.- Complaints and settlement thereof

All activities of lodging complaints and settling complaints about inspection and recognition activities shall comply with the provisions of the Law on Complaints and Denunciation guided in Decree No.67/1999/ND-CP of August 7, 1999 of the Government.

Article 26.- Sanctions

1. All acts of violating this Regulation committed by establishments, inspecting bodies, recognizing bodies as well as inspectors and verifiers shall be sanctioned according to the Government’s Decree No.57/CP of May 31, 1997 on administrative sanctions in the field of measurement and goods quality.

2. Violations which cause serious consequences or dangerous recidivism may be examined for penal liability according to law.

Chapter VII

FINAL PROVISIONS

Article 27.- Amending the Regulation

1. This Regulation replaces the Regulation promulgated together with Decision No.01/2000/QD-BTS of January 3, 2000. All previous regulations contrary to this Regulation are annulled.

2. All supplements or amendments to this Regulation shall be considered and decided in writing by the Minister of Aquatic Resources.

APPENDIX 1

THE LIST OF STANDARDS ON COMPULSORY FOOD HYGIENE AND SAFETY CONDITIONS APPLICABLE TO AQUATIC PRODUCT MANUFACTURING AND/OR BUSINESS ESTABLISHMENTS OF VARIOUS TYPES

APPENDIX 2

TABLE 1. CODE NUMBER SYSTEM APPLICABLE TO AQUATIC PRODUCT MANUFACTURING AND/OR BUSINESS ESTABLISHMENTS OF VARIOUS TYPES

TABLE 2. CONVENTIONAL ABBREVIATIONS OF PROVINCES AND CITIES IN ALPHABETICAL LETTERS CORRESPONDING TO XXX IN THE ENTERPRISES� CODE NUMBERS IN TABLE 1