Inheriting the reform of food safety inspection in the draft new Decree

Simplification in line with the reform requirements in Decision 38

According to the Ministry of Finance, the order and procedures for State inspection of food safety for imported goods in the draft decree fully inherit the contents prescribed in Decree No. 15/2018/ND-CP dated February 2, 2018 of the Government detailing the implementation of several articles of the Law on Food Safety, especially the contents that have been implemented stably without problems.

For example, regulations on self-announcement of products, registration of product announcements; requirements for terrestrial animal products, aquatic animal products, and plant products imported for use as food; procedures for registration of countries, territories and production and business establishments that export food to Vietnam and state inspection of food safety in the exporting country.

However, to ensure clear, transparent and consistent regulations with administrative reform requirements in Decision 38/QD-TTg, the draft decree has clarified the documents, order and procedures for self-announcement of products, registration of product declarations, inspection by strict, reduced, normal inspection methods and post-inspection handling methods.

The reformed contents of food safety inspection according to the decree are the simplification of the order and procedures for self-announcement of products, registration of product announcements, in line with the reform requirements in Decision 38/QD-TTg of the Prime Minister.

Specifically, self-announcement of products is only required for goods imported in the first time and is done automatically on the National Single Window Portal, including the submission of documents and yjr issuance of Notice of Receipt attached with the product self-announcement code.

Similarly, the registration procedure for a product announcement: organisations and individuals only have to submit an application for the first time and the National Single Window Portal automatically receives and issues a number to receive registration application of a product announcement and transfer information to the inspection agency (the Food Safety Department under the Ministry of Health or the competent State management agency designated by the provincial People's Committee); the inspection agency will receive and issue a registration receipt of the product announcement with the registration code of the product announcement via the National Single Window.

Regarding the use of product self-announcement codes and product announcement registration codes, for goods that have been granted product self-announcement codes, in subsequent imports, organisations and individuals shall declare self-announcement product code on the customs declaration when carrying put customs procedures to apply the method of normal inspection and reducing inspection.

For goods granted a product announcement registration code, for subsequent imports, organisations and individuals may use the product announcement registration code to be exempt import food safety inspection.

According to the Ministry of Finance, regulations such as the draft decree to ensure that food safety inspection procedures will be entirely implemented on the National Single Window Portal under automatic mechanisms (instead of implementing manual, in different forms as in Decree No. 15/2018/ND-CP) and ensure data will be managed and processed centrally, without being dispersed.

Allowing enterprises to choose testing organisations

Notably, in the draft decree, firms are allowed to register an inspection agency and select a testing organisation (for goods subject to sampling for testing).

According to current regulations, enterprises only carry out food safety inspection at a State management agency assigned by ministries. With this reform content, enterprises will be more proactive in business activities because they can choose an inspection agency assigned/designated by the line ministry or the Customs authority carries out inspections of food safety according to test methods

This content has institutionalised the "inspection agency" according to the content of the new model of quality inspection and food safety inspection for imported goods in Decision 38/QD-TTg of the Prime Minister.

Along with the above reform contents, the draft decree prescribes the management mechanism, methods, order and procedures for State inspection of quality and state inspection of food safety for import goods which also stipulate very clearly registration documents for imported food safety inspection towards reduction and simplification.