Công văn 603/YT-QLTP

Respectfully addressed to the General Department of Customs

The Department of food safety, hygiene and quality control has received the Official Dispatch No.6356/TCHQ-GSQL dated December 12, 2003 from Vietnam Food Administration regarding importation. To handle difficulties faced by food importers prior to release of new public announcement about goods quality standards, the Department of food safety, hygiene and quality control would like to raise some suggestions as follows:

1. Based on the Ordinance on Goods Quality, the Ordinance on food safety and hygiene and the Minister of Health’s Decision No. 2027/2001/QĐ-BYT dated May 30, 2001 promulgating “Temporary regulations on public announcement about quality standards, food hygiene and safety", public announcement on quality standards, food hygiene and safety with respect to imported products is aimed at facilitating state inspection of products admitted to Vietnamese market, investigation, inspection and handling of consumers’ complaints when the products are circulating in Vietnam.

2. Foods as prescribed in Points 1.3 and 1.4 of the Decision No. 2027 are eligible for circulation when they are registered or announced as satisfaction of quality standards, food hygiene and safety (hereinafter referred to as announcement of standard). Upon performing procedures for customs clearance, businesses must present to customs authorities the following papers:

- For products as substitutes for breast milk, present the certificate of goods quality registration issued by the Department of food safety, hygiene and quality control.

- For special products, present the receipt note of announcement of standard documentation and facility standard stamped by the Department of food safety, hygiene and quality control;

3. Foods that are not subject to announcement of standard:

- Imported food not for business purpose (sponsored goods, gifts, samples for exhibition and research)

- Food and raw materials that have not yet undergone pasteurization process; new agricultural products undergoing preliminary processing such as rice, cereal with unstable quality and unclear expiry date because of their dependence on special conditions of preservation aimed at serving production, processing and packaging before being sold to consumers. For examples: Foods originating from fresh and frozen animals as a unit must undergo veterinary and aquaculture quarantine; fresh fruits, agricultural products of whole grains and shells must undergo plant quarantine;

4. Foods that are subject to announcement of standard comprise all the foods that have undergone industrial processing and packaging for retail (products for direct consumption, food additives, raw materials used for food processing (pasteurization past) with relatively uniform and stable quality, having undergone industrial processing and packaging for retail, with labels, expiry dates or production dates). As such, quality of "powder milk” as raw materials must be also announced.

- For such products, businesses must present the receipt note of announcement of standard documentation and facility standard stamped by the Department of food safety, hygiene and quality control. Table of announcement of quality standards serves only as the commitment of businesses and is filed in the documentation of announcement; therefore, customs authority shall not ask for presentation.

- For importers of raw materials and food additives serving internal production, declaration must be made in accordance with the list (table of declaration of main information on products and their origins). As a result, when performing procedures for custom clearance, only Official Dispatch and the lists stamped by the Department of food safety, hygiene and quality control are presented.

5. However, importers of products as prescribed in Section 4 hereof can not have adequate information on products and learn about hygiene standards simultaneously (enclosed with Decision No. 867/QĐ-BYT dated April 04, 1998 and Vietnam’s application regulations) with respect to foods subject to announcement of standard. Therefore, the Department of food safety, hygiene and quality control proposes solutions below to the General Department of Customs for managing and handling of congestions faced by businesses from now until new regulation is issued as a replacement for the Decision 2707;

a. Checkpoint customs authorities shall carry out procedures for customs clearance for the cargo when businesses have adequate documents for fulfillment of procedures and issue a written commitment (accompanied by papers as shown below) to taking full responsibility for product quality and safety, and time limit for implementation of announcement of standard:

- Registration form for state inspection of quality with respect to imported foods;

- Certificate of analysis issued by manufacturer or competent testing agency; Particularly for such imported products as finished alcoholic products, businesses that are yet to make announcement of standard shall be permitted to sell the products only if Certificate of Analysis has been submitted to Vietnamese competent testing agency for confirmation on satisfaction of quality and content of aldchyde under Vietnam's Standards or to countries permitting free circulation and confirmed by the Department of food safety, hygiene and quality control as having satisfied standards of circulation in Vietnam.

- Certificate of Origin

- Bill of Lading

b. Businesses shall be responsible for submitting another written commitment accompanied by documents as prescribed in Point a, Section 5 (copy bearing stamp of the business) to the Department of food safety, hygiene and quality control for monitoring and conducting post-inspection and handling of complaints when necessary.

The General Department of Customs is respectfully requested to study and direct checkpoint customs authorities to coordinate management and execution.