A~liclo4.- TIIC d~rectot.of the Offico, the chlsf tnspectur ar'ld tlrc directors of ttic dcpartnionts of the Ministry of l-i~alth,the director of the Department for I'ood (Juality, Flygi~iieand Safety Cori(r ol, Ihe dir ector of the V~etnarnPharmaceut~cal Management Department, the heads of the urrits attached to the Ministry, the directors of llle i-lealth Services of the provinces and centrally-run cities, and the heads of the health agencies of the branches shall have to implement this Dccis~on
For the Minister of Honlth DECISION NO,928120021QD-BYT OF MARCH Vice Minister 21, 2002 ISSUING THE REGULATION ON 'LE VAN TRUYEN CONDITIONS FOR ENSURING FOOD HYGIENE fiND SAFETY IN THE PRODUCTlON OF, TRADING IN, AND USE OF, FOOD ADDITIVES
THE M~N~STEROF HEALTH >. > > REGULATION ON C~N~~~IONSFOR ~uisualantto ~rticle7 af the Law on Profectiu,~d ENSURING FQC)D.H:'IGiENE A>&DSAFETY IN the People's Hiiaith gnd the Hygiene Regulation THE PRODUCTI~Nok, TRADING IN, AND issued together with Decree No. 23/HDB T of January USE OF, FUUb'ADDITIVES ' , 24, 199.1 of the Council of Minisfers (now the Government): (Issued togethex with fha;Heal&, Ministry's Decisior? 028/2002/~~5 Pursuant to the Government's Decroe No. 68KP No. YT ~f ~ire'h2 f , 2002) of October 11, -/Q93defining the func!ions, tasks, powers and organizational structure of the Mitlistry of Health; GENERAL PROVISIONS Af the proposal of the director d the Departnler~l for Food Quality, Hygiene and Safety Managernetlt, Article I.- Scope of regulation: This Regulation the Ministry of Health, prescribes the conditrons for ensuring food hygiene and safety rn the production of, trading in, and use uf, DECIDES: faod addr tives
Article 2."Strt~jr!cls of applicatio~~.'[his Regulatiur~ Article I.- To issue togethcr with this Decision the al.)plies to donlestic organizations and individuals arld Regulation on conditiatis for ensuring food hygiene foreign-invested establishments engaged in the and safety in the productior~ot, lracf~r~gin, and usc of, prodtrclion uf, traclirl54 In, and use faod additives food additrves. of, Al-Picki? 3.- For tl he purposc?s of 11-1itj t
in ordr:r to ri~cctttlo technolr,gical requrrcrnents Irl tht: l I'hc t!:iti~bllshm(;nts mirst make t~t~sjrless fnod production, proct?sslng. trcat~nont,packaging, rcgi:;tratlorr anri llavc clear add~asses. transportat~onand preservat~o~~Food addltlvos stlall 2. Il~cyrrrust havt: s~gnlsoardsclearly show~ngthr-: not ~ncludecontamirla ted substances or s11bstr-lncc.s trade rianles: St~opsor stalls for trading in, exportrng added to tood for the prlrpose of increasinrl thc: a~idlotItlipor t~t~gfood additives. nutr~llousvalue of food. 3 Salespersons must go through training courses 2 Food addftive-prorlr~c,!lgesfabljshmenfs arc establishments which produce, prepare, package and1 on foot. add~t~vctrading, organized by competent medical agencies. or preserve food additives. 3 Food additive-tradi~lgestablishnlents are 4 The establtshrnents may only trade rn, export import food additives list permitted by establlshmonts which trade 111, export afldlor import andlrjl- on the the Ministry Health. food add~tives. uf S. Food additives must be of the right kinds usable 4 Food additive-using esfabtishrnents are establ~shmentswhich use food additives for food for tood, of a clear orrgin or source. processing. 6. Food additives must have Vfetnainese-language product labcts showing use instrtrctiotls and other 4.- of, trading in, use *rtjc]e The production and contents as prescribed, where mq divide and re- of. food additives in$ood processing must ensure the pack,ge the food, the must the " I with following pt-inciples: A regulations on food labeling. 'I. Food additives ,are .on the lists prescribed by 7 conditions for expoiting importing ,food the Ministry of .jjealtb, ' additives: The establishments. rnust:have adkquate 2 Food additives ensure the p~rj~yreduired for documents. including the original pukbsse ip(rolces, food. I' the import permit (for j~fjdit6d'$o~d$],-fhe export permit (for exported gohds);thepapir acknowledging 3 ~oodadhives are used the prescribed the publicjzatjon of Me f0odqmjlly,hygiene and safety amounts, ,^ I , standards of each kind of,fi,od $ddltive, issukd by the 4. FOM~additives hsv& labels aa ~prescribed,or agency performing the state manahmnt over food their names prcr~tedoil the food labels (for foods hygiene and safety. cotitaining such additiv6s). 8. Food additives for sale mu,d be arranged separately in stalls or boxes, not toggfher with other Chapter Ii merchandise or foods.
CONDlTlONS FOR ENSURING FOOD Article 7.- Conditions required for establishments HYGIENE AND SAFETY IN THE producing and packaging food additives PRODUCTION OF, TRADING IN, AND USE OF, FOOD ADDITIVES 1. Conditions for the establishments: a1 Envirorlmcntal sanitation: 1 he location of Afticie 5.- The csta~lrshrner~fspmducing. trading grounds for production packagirlg of food in arldlor using food additives must comply with the must et,surethe environmental regulations on business registration, publicization of conditions and be isolated from toilets and other food quality, hygiene and safety standards acconllng sources to the provisions of law; enstrre the publicized rcgislrlition contents, and submit to the suporvision h/ Dcsign Food additive-producing and .-packaging and inspcctron by the agencies performing the State workshops rnust bc designed and organized on the management ovcr fnod qualily, tlyg~en~anti safely. nt-re-drrectior~principle: 'Tht: area for gatRc!rlng, preserving and treating raw materials, followed by the Article 6.- Co~lditiorisrequirod for establ1shrnc-!n1!; ama far processing. packagin!~at1t.l preserving faod \I urlirig in, exporting a~idlol-irnpor211ig fuod additlvos additives. cl Hygiene rtyuirer~~c~r~t;: qni~r.eI r 1~4:;ks...) ar lri glovus ~vI~c:rtpack::r~l:r ior~d - Ceilings, floors and w;~ll>imust be made of non- absorbent materials, easy to r:lean. .- 7!\(!y I-nust rlot eat, drink nor srnakt:! iri thr: - Equipment and containirlg tools such as trays, IJ~"~'J~~~~~~and packaging buckets, basirls must bc made of ~r~atcrialsperrniltcd ,:! I?r-:cruirernr?ntsfor wroductiou triateriai:;: for use in the food production such as stairlless steel, ;I/ Malerials atid food additives purchased for aluminurn, epoxy-coated rnater~al,ctc , but neither preparation and packaging must be act:ompariied w~th color nor recycled plastic; tilere must be gaugirig adequate dossiers explicitly showing the (jj iy111al~d devices up to standards. cluality of food addtlives. -Equipment and tools n~ustbe cleaned after each bl They mlrst have explicit labels, enclosed with production shift. the cards showing the serial numbers of the goods -Only detergents permitted for household use and lots already \~varehousedand delivered for sale. food processing can be used, but not industrial cl purchase must clearly show detergents. Material invoices the addresses of the,r;ellers. - -The packaging areas, storehouses, and the food di Additives put into Lortllllg, packaging ndd~tive-preservingplaces must be kept cleat1 and G.;ssshll, or for retail must have theji $ss duration remaining al hygieni9,-freefrom insects and rats. least six months and the.usedur'stior~of the processed -GarbagGbjnsmusthaveiidstnotletting fitters and packagedp&du~tg.,m~stc~lncidewitt~the~rse scatter around end waste water leak out. RUbbis h duration of rnatsrir ls,, must hq dathered'bt piaces far from the processing areas On0 taken away everyday. 3. Product labeling requi~ements
> ., ,< + - sewage must be unchoked with no stagnant a/ The pi~ducedakd ppakaged products must , A water and must not. b6 a&-air. bear food addltive labels, -There must be toiletsup to standards. b/ ~nsurin; fhqt.labels are inscribed with at least d/ Requirements forthe wa ter-su ppiying Sources: the following'cohth.: - Th&,used wqter must meet the criteria set by the - The name bithe food addiliie. its international Ministry 6f Health. index. - There must be adequate clean water for normal - The addiess,of theprod~~er operations of the establishment$, water for workers - The net weight. to wash their hands before taking part in production - Use duratian (or the date of manufacture arid and processing. If well water is used. it must be treated duraBon), according to regulations and tested periodically. - Ingredients el Hygiene for production workers: - Use and preservat~on~nstructions. - They must have pre-recrcritment medical checks, annual post-recruitment medical checks and excrete For imported add~tivesput or1 sale, they inkrst have tests at least once a year. additronal labels with tht; above corlttlnts in V~etnarnesc. - They must have the krlowlcdge about food hyg~eneand safety and firmly grasp tl.1~.tecilnological 4 The foilowing must be fully recorded daily for process and their respor-ls~bilily mot~itorrng: - They must not leave! thcil- clothas and personal - 'Thc narne of the food additive. k~elongingsin the production i.itrd packaging areas. - -1 l~corigin. .. They must keep person:jI hygiene, was11 their' hands with soap before takir'lr~part in [~roducinyand -- The technological process. packag~ngloud additives. - 7 t~.: ploduc;tion lot and use cltlr'ation.
-, They must wear lnbur ~~rotc?ctionclothes (caps, .. flccornpa~~icdinvoices :;howin(j c:lr;arly ttlc.? U"'S ICl/\! (-lAX,l:'l 'l !- No, 24 (:{,l'-:, 2~10:~)
addresc;r,- of ~11rc11;l:;c:r:G a11d hr!y?ts of tliu ~!$;t;3t)li!i1l. 'I. '1'0 rn;~ke I;lr::il~r:ss r-r?gistratiur~wil 11 the mcnts. manxging agcnc:ias.
Article 8.- Cuilcfilions for food -processir~g 2 So Ir'adr; in i~nrlput for sale only food additives establisl~mcntsusing food addil~ve:; with thcir quality, hygiut~eand safety starldards already publicizeti at tt~ctr~eu~cai agencies. a/ T'hcy rr~ustnut usc ~r,alerial!; being color dyes, synthetic sweeteners, prescrvalives and othel- 3. To adopt the scrvir;ing modes ensuring food additives not on the list of food additives prescribed hyg~eneand safety and a cultured a~ldcivilized style by the Ministry of Health for food pl'ucessing. of trading. bl They must use only food additives Whtch are 4 ]b post up prices, use instructions and to sell packaged and labeled accorcllng to the provisio~sin pl-odltcts at the posted pr.ices. Article 7 of thls 13egulatiot1 5. 'To introduce fully to the customers the origin c'Food adrlit'vesmust the purity required use i,lstructions of each kind of food addltivc for for use in food use in each goods ~tetnor dish. dl Food add~tivcsmust be used within the prescribed amounts and according to the prescribed 6. Mat to co~nrnttthe following acts; trading in fake formula, and have rnstructior~sfar use with each kind and inferi~r-~Galrt~food addittves, exchanging of food. fraudulently food addit~ves,cheating in payment with customers c/ For packaged ,products using food additives, their labels myst clearly show the names of all the 7.l'heestablishments exporting andldr importing
used food addjtlves, A food additives must meet all conditi~tispres~ribed in : I Clause 7, Article 6 of this Regulation. 1 'qf23pter111 Arfkla If,- Responsibifltl@sof customers
RESPONSIB~LITIESOF ESTABLISHMENTS 1. 7-0 buy only food .;dditlvgs with their quality PRODUCIN~TRADING IN AND USING , 9tqndBrds already publicized atthe medical egenciea. ~60DADDITIV@~ . 2. 'lb read -the labels of fdad additives carefully Article 9.- ~es~&$ibflitiesof the establishments before buying and using th3m. produongs packaging, expaAng andloplm~o*ng food 3, Tc, hyonly food additives in packages with clear additives labels Raving all the Contents as prescribed. 7. TO make business registration with the 4, 1b use food additives In right amounts as managing agencies. prescribed.
2. TO publ~cizetile load quality, hygiene and safety g To detect and inform the managing agencies of star~dardsat the medical ayetlcies according to tfie the establist)mlenfsproduclllg andJo~trading in food ptovrwons of law additives at variance wlth regulations. 3. To comply w~thttre tecllnoloyical prat:ess, to Arficle 12.- Regulations on the report~ngregrmr! produce products of cons tar'^ t quality staridards, and investigation of foud addrtive poisoning ensurlrlg fond hygiene a~ldsafety 1. When dstect~ngor doubting that food poisoning 4. To package food additives witl11nthe prescribed amounts, -,bals, al,d for packaging cases have occurred (dui: to the use ulfood additives), eacll hind of adrliiivii mLil;t bo separately tlhose who arc pi t:sc?tl t at tile places of the11 corlfusion m;ly f,,n qi,al,ty of om~rr~n(;omust itnnl~:dialeiy report lll~nito til~ kir~dof food additive. nearest rnedical ~~uII(:I~!sand keep the sarrlples ol food arldiiivt?s tlr~tll)lr-:d to cause po~stjt'lii~gfor Ariicle 10.. Rt?spor~:;il~iliticsnl tl';liJ~rl(l estat?lishrnc?nts jnvcstigattorl ;?r'ld vsr ific~~tjon. 2. l'heowners ol Ihc t?:;t:~b\ishrr,er~tsusili!j ;~nr.Mo~ h(? rtv,[)of-~:<~\)i(-!tlu {]!.~tdin[~ illcl :~t~odt~ci~~$;t.~~\dt::~cljri:j Irading in food i'ldclilivc::? rc?(ii(edto food p3i:;ot1it1 RESPQNSlBltlTlES TO MANAGE THE COMMENDATION AND HANT)h.lNG OF PRODUC'T\ON OFJTRAD\NG IN, AND USE VIOLATIONS OF FOOD ADDITIVES Arllclw 14.- Cur-r~rncndation Article 13.- If organizations and rndlviduals producing, trading 9, The ~oodQuality, t-~yyicneand Safety Control In andlor usirlg food addrt~veswell irnplernent the Department, the ~ini5tr.yof ){ealth, shall be prOvi~i0nSof this Regulation, they shall be respons~blefor: cornmended andlar rewarded according lo the general rcgilr~esof the State. at Guiding, instructing and cclordinatlng wrth,the authorities and branches to supervise and monitor Article '15.- andl lib^ of viol$tions the prodking and ,trading establishments .to ensure If organizations individuals trarlirlg in and/or that their food additive production and tradhg comply and with ihis ~k~utationon the national scale. using food additives viol& the prov~sionsof this Regulat~on,they shall, dopendin0 pn the seriousness b/ Managing, q@cewingdoss\ers of publicization of their vioiations, be admlnistr+$ely sanctlaned; if of food qudlity. hygiene and safety standards from causing any damage, thsy shall hdqto pay compen- fhe esfa'bllsments prodheing and/or processing food sation therefor according the provlsions of law additives, the Bstabllshmentg trading in, exporting and1 or importing food additives; managing exported and For tbe Minister-of Health imported fo~dadditives in the whole country. Vice Minister 2. The? provinciallmunjcip~alHealth Services shall LE VAN TAUYEM