Thông tư 47/2014/TT-BYT

Circular No. 47/2014/TT-BYT dated December 11, 2014, guidance on management of food safety with respect to food and drink establishment

Circular No. 47/2014/TT-BYT guidance on management of food safety food and drink establishment đã được thay thế bởi Decree 155/2018/ND-CP amendments articles related to business conditions under the Ministry of Health và được áp dụng kể từ ngày 12/11/2018.

Nội dung toàn văn Circular No. 47/2014/TT-BYT guidance on management of food safety food and drink establishment


THE MINISTRY OF HEALTH
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No.: 47/2014/TT-BYT

Hanoi, December 11, 2014

 

CIRCULAR

GUIDANCE ON MANAGEMENT OF FOOD SAFETY WITH RESPECT TO FOOD AND DRINK ESTABLISHMENT

Pursuant to the Law on food safety in 2010;

Pursuant to the Law on promulgation of legal documents in 2008;

Pursuant to the Government's Decree No. 38/2012/NĐ-CP dated April 25, 2012, detailing the implementation of some articles of the Law on food safety;

Pursuant to the Government's Decree No. 63/2012/NĐ-CP dated August 31st 2012 defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the proposal of General Director of Vietnam Food Administration;

The Minister of Health has promulgated the Circular guiding the management of food safety with respect to food and beverage services establishments.

Chapter I

APPLICATION DOCUMENTS, PROCEDURES AND DECENTRALIZATION FOR ISSUANCE OF CERTIFICATE OF FULFILLMENT OF FOOD SAFETY CONDITIONS WITH RESPECT TO FOOD AND BEVERAGE SERVICES ESTABLISHMENTS

Article 1. Dossier

Application documents for Certificate of fulfillment of food safety conditions (hereinafter referred to as the Certificate) with respect to food and beverage services establishments (hereinafter referred to as establishments) shall be made into a single dossier as stipulated in Article 36 of the Law on food safety, including the following documents:

1. Application form for issuance of Certificate of fulfillment of food safety conditions according to Form No.01 enclosed herewith.

2. Certificate of Business Registration covering food and beverage services (a copy certified by the establishment)

3. Description of facilities and equipment meeting food safety conditions including:

a) Drawing of the establishment’s site plan;

b) Flow chart of processing, storage, delivery and display of food and beverage for sale;

c) List of facilities and equipment

4. Certificate of knowledge about food safety granted to establishment owner and persons directly in charge of processing and selling food and beverage (copy certified by the establishment)

5. List of check-up results of establishment owners and persons directly in charge of processing and selling food and beverage.

6. List of results from a process of identifying vibrio cholerae, shigella and calmonella in excrement taken from persons directly in charge of processing and selling food and beverage in diarrhea hit areas according to the Ministry of Health’s statement.  

Article 2. Procedures for issuance of the Certificate

1. Documentary inspection:

a) Within 05 working days since receipt of adequate documents, the document-receiving agency shall appraise the dossier and send a written notice to the establishment if such dossier is found ineligible;

b) After 60 days since receipt of such notice, in case the establishment fails to reply or make any addition or adjustment to the dossier as required, the document receiving agency shall destroy the dossier.

2. Site inspection

a) Within 10 working days since receipt of the dossier being appraised as eligible, competent agencies shall be responsible for appraising such dossier; In case such appraisal is transferred to an inferior agency, a letter of attorney should be issued.

b) Inspectorate

- The Inspectorate shall be formed by the agency entitled to issue the Certificate or the agency authorized to carry out the inspection.

- The Inspectorate comprise from 3-5 members, at least one member of which is working in food safety;

- Head of the Inspectorate shall be responsible for appraisal results.

c) Subject matters of appraisal of the establishment

- Compare information and check the legality of the dossier against the originals stored in the establishment according to provisions of law;

- Appraise food safety conditions based on dossier stored at the establishment and required by the provisions of law. An appraisal record must be made according to Form No.02 enclosed herewith.

3. Issuance of Certificate:

a) In case the establishment meets food safety conditions under the law, competent agencies shall issue the Certificate to the establishment according to Form No.03 enclosed herewith. Validity period of the Certificate is specified in Clauses 1 and 2, Article 37 of the Law on food safety.

b) In case the establishment is yet to meet food safety conditions and awaiting completion, content and time limit for completion should be specified in the minutes but no more than 15 days. The Inspectorate shall carry out appraisal again upon receipt of confirmation from the previous appraisal that food safety conditions are met by the establishment. Appraisal shall be made in accordance with the provisions set out in Clause 2 of this Article.

c) In case the establishment fails to meet food safety conditions under the law, competent agencies shall rely on appraisal record to issue a written notice to local food safety authority for overseeing and ordering the establishment to stop operation until the Certificate is issued. The establishment must submit the dossier again for consideration and issuance of the Certificate according to the provisions set out in Article 1 hereof.

Article 3. Replacement of the Certificate

1. If an establishment that is already issued with the Certificate, which is still unexpired, but its name or owner or address has changed except process of food and beverage services business, the Certificate shall be replaced.

2. Dossier applying for replacement of the Certificate (01 set) includes following documents:

a) Request form for replacement of the Certificate according to Form No.04 enclosed herewith.

b) Unexpired Certificate (original);

c) Certificate of Business Registration or written confirmations issued by competent agencies on changes of name, address of the establishment (notarized copies);

d) Copy of results of check-up, Certificate for proficiency in food safety of new ownership (in case ownership is changed) with confirmations by the establishment.

3. Within 07 working days since receipt of the dossier for replacement of the Certificate, competent agencies shall be responsible for replacing the Certificate for the establishment; in case of rejection, a written notice should be issued to the establishment along with the reasons.

Article 4. Revocation of the Certificate

1. The Certificate shall be revoked in the following cases:

a) The certificate holder fails to run the registered business;

b) The certificate holders are issued with a written notice by competent agencies on changes of food and beverage service business by competent agencies;

c) Revocation may take place under the law on penalties for administrative violations in food safety.

2. Authorities for revocation:

a) Certificate-issuing agency has the authority to revoke the issued Certificate;

a) Competent agencies at higher level have the authority to revoke the Certificate issued by inferior agencies;

Article 5. Powers to issue the Certificate

1. Department of Food Safety and Hygiene of central-affiliated provinces and cities shall be responsible for issuing the Certificate to the following establishments:

a) Establishments granted the Certificate of Business Registration by the Ministry of Planning and Investment and the Services of Planning and Investment of central-affiliated cities and provinces;

b) Establishments issued the Certificate of Business Registration by People’s Committees (or competent agencies) of provincial-affiliated communes, districts and cities with a scale of at least 200 servings/time of serving.

2. People’s Committees (or competent agencies) of provincial-affiliated communes, districts and cities shall be responsible for issuing the Certificate to Establishments with a scale of below 200 servings/time of serving.

3. Based on real-life situations and managerial capability in localities, the Services of Health of central-affiliated cities and provinces may adjust decentralization as appropriate for issuing the Certificate to establishments.

Article 6. Site Inspection

1. Carry out regular inspection of the establishment after being issued the Certificate according to the provisions set out in Article 9 of the Circular 30/2012/TT-BYT dated December 5, 2012 of the Ministry of Health defining food safety conditions for establishments and street food business establishments (hereinafter referred to as the Circular No. 30/2012/TT-BYT)

2. Carry out unexpected inspection of the establishment under the provisions set out in Article 10 of the Circular No.30/2012/TT-BYT.

Chapter II

MANAGING ESTABLISHMENTS WITHOUT CERTIFICATE

Article 7. Establishments without certificate

1. Facilities and equipment should meet respective food safety conditions according to the provisions set out in Articles 3, 4 and 5 and Clauses 1, 2, 3, 4, 5 and 8, Article 6 of the Circular No.30/2012/TT-BYT.

2. Owners and persons directly in charge of providing food and beverage services must comply with the provisions set out in Clause 1 of Article 3, Clause 1 of Article 4, Clause1 of Article 5 and Clause 7 of Article 6 of the Circular No.30/2012/TT-BYT; have the Certificate for proficiency in food safety according to the provisions set out in Article 13 hereof.

3. Before operation and in every three years, owners should ensure food safety with respective management agency according to the provisions set out in Article 8 (See Form No.05 enclosed herewith)

Article 8. Decentralized management

1. Department of Food Safety and Hygiene of central-affiliated provinces and cities shall be responsible for managing establishments sized 200 servings/time of serving.

2. People’s Committees (or competent agencies) of provincial-affiliated communes, districts and cities shall manage establishments sized from 50-200 servings/time of serving.

3. Medical stations of communes, wards and towns shall manage establishments sized 50 servings/time of serving and street food business establishments.

4. Based on real-life situations and managerial capability in localities, if necessary, the Services of Health of central-affiliated cities and provinces may adjust management as appropriate for establishments.

Article 9. Frequency of inspection

1. Decentralized management agency under the provisions set out in Article 8 hereof shall be responsible for carrying out regular inspection (not exceeding 04 times/year) on the establishments regulated in Clauses 1, 2 and 3, Article 8 hereof.

2. Regulatory agencies at all levels shall carry out unexpected inspections in case there are violations of food safety and related problems.  Peak inspections may be conducted on request and at the request of higher level agencies.

Chapter III

SEQUENCE AND PROCEDURES FOR CONFIRMING PROFICIENCY IN FOOD SAFETY

Article 10. Dossier applying for the Certificate for proficiency in food safety

1. For organizations:

a) Request form and a list of subjects asking for confirmation on proficiency in food safety according to Form No.06 enclosed herewith;

b) Documents proving payment of fees according to the provisions of the law on fees and charges.

2. 2. For individuals:

a) Request form according to Form No.07 enclosed herewith;

b) Documents to prove fulfillment of payment of fees according to the provisions of the law on fees and duties.

Article 11. Process of determining proficiency in food safety

1. 1. Organizations, individuals who request the granting of the Certificate shall submit the dossier to the respective competent agencies according to the provisions set out in Articles 5 and 8 hereof or to the units, organizations certified by the Ministry of Health (Vietnam Food Administration), the Services of Health (Department of Food Safety and Hygiene) of central –affiliated provinces and cities.

2. Within a period of 10 working days since receipt of adequate and eligible documents, the document receiving agency shall carry out examination of knowledge of food safety and send a written notice to organizations and individuals;

3. Such examination shall be conducted by using a series of questions concerning food safety according to the provisions of law.

4. 4. The Certificate for proficiency in food safety shall be awarded to those who are able to answer at least 80% of the questions (common and specialized knowledge). Within a period of 03 working days since the date of examination, competent agencies under the provisions set out in Clause 1 of this Article shall be responsible for awarding the Certificate for proficiency in food safety according to Form No.08 (in case of collectives) or Form No.09 (in case of individuals) enclosed herewith.

5. 5. Any individual who is certified shall pay a fee for the Certificate according to the provisions of law.

Article 12. Content of materials and validity of the Certificate

1. 1. Materials and questions used to evaluate knowledge of food safety with respect to owners and persons directly in charge of food and beverage services business shall be issued by the Department of Food Safety under the Ministry of Health.

2. 2. The Certificate for proficiency in food safety shall be valid for three years since the date of issuance; any individual being issued the Certificate shall be accepted when working for other establishments.

Chapter IV

EXECUTION PROVISIONS

Article 13. Effect

1.1. This Circular shall come into force since February 15, 2015.

2.2. Establishments issued Certificate of fulfillment of food safety and hygiene conditions or Certificate of fulfillment of food safety conditions shall carry out procedures for issuance of Certificate of fulfillment of food safety conditions after the three-year validity period of the Certificate expires according to the provisions set out in this Circular.

3.3. Establishments without Certificate of Business Registration issued Certificate of fulfillment of food safety and hygiene conditions or Certificate of fulfillment of food safety conditions shall make a commitment to ensuring food safety with competent agencies after the expiry of a three-year validity period of the Certificate according to the provisions of this Circular.

4.4. Any food and beverage services businessperson issued the Certificate for training in food safety shall file application for replacement after the expiry of a three month validity period of the Certificate for training in food safety according to the provisions of this Circular.

Article 14. Implementation

1.1. Vietnam Food Administration, Ministry of Health, shall be responsible for guiding the implementation of this Circular across the country.

2.2. The Services of Health of central –affiliated cities and provinces, People’s committees of all levels shall be responsible for executing this Circular in the administrative division.

 

 

PP THE MINISTER
DEPUTY MINISTER




Nguyen Thanh Long

 


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