Vietnamese Food Laws

7/21/2019 Vietnamese Food Laws

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FOOD LAW IN VIETNAM

Russin & Vecchi

International Legal Counsellors

Ho Chi Minh City Hanoi

OSIC Building, 15/F Hanoi Central Office Building, 11/F8 Nguyen Hue Boulevard, D1 44B Ly Thuong Kiet StreetTel: (84-8) 824-3026 Tel: (84-4) 825-1700Fax: (84-8) 824-3113 Fax: (84-4) 825-1742Email: [email protected] Email: [email protected]

mailto:[email protected]







TABLE OF CONTENTS

INTRODUCTION ..................................................................................................................... 1WHAT IS FOOD........................................................................................................................ 2QUALITY STANDARDS ......................................................................................................... 3

Announcement of Standards of Foods................................................................................... 4Announcement Procedures .................................................................................................... 4

SAFETY AND HYGIENE......................................................................................................... 6LABELLING.............................................................................................................................. 6ADVERTISING ...................................................................................................................... 10RECALL .................................................................................................................................. 11INSPECTIONS ........................................................................................................................ 12IMPORT REQUIREMENTS................................................................................................... 13EXPORT REQUIREMENTS................................................................................................... 15AQUATIC PRODUCTS .......................................................................................................... 16

State Inspection and Certification of Aquatic Products Quality ......................................... 17Announcement of Quality Standards of Speciality Aquatic Products................................. 18Safety and Quality Requirements for Aquatic Products for Export .................................... 19

ENFORCEMENT .................................................................................................................... 20CONCLUSION ........................................................................................................................ 23



GLOSSARY

In this book, we define and abbreviate terms the first time that we use them. We havenevertheless prepared this Glossary for easy reference.

GDSMQ General Department of Standards, Measurement and QualityGMP Good Manufacturing PracticesHACCP Hazard Analysis, Critical Control PointISO International Standardization OrganizationMOAP Ministry of Aquatic ProductsMOCI Ministry of Culture and InformationMOH Ministry of HealthMOST Ministry of Science and TechnologyMOT Ministry of TradeVND Vietnamese dong

The rate of exchange is US$ 1.00 = VND 16,000



FOOD LAW IN VIETNAM

RUSSIN & VECCHI, VIETNAM1

INTRODUCTION

Understanding Vietnamese laws and regulations concerning food can be a challenge. Theconfusion results from the lack of a unified food law. Instead, the government relies primarily onlaws which regulate the quality of goods in general. But there are also specific regulations thatapply these laws to food products. This means that there are two sets of regulations, one coveringgoods in general, and the other covering food products, and they often overlap.

A discussion of Vietnamese food law must begin with a discussion of the management of thequality of goods. The major law on the subject is the Ordinance on the Quality of Goods. This

states that:

The State shall implement a uniform system to control the quality of goods, based on [the laws of Vietnam]; in cases where international treaties to which theSocialist Republic of Vietnam is a party contain provisions which differ from the provisions of the Ordinance, the provisions of such international treaties shall beapplied 2.

The Ordinance on the Quality of Goods, came into effect on 24 December 1999, and providesthat businesses and individuals must take responsibility for the quality of their goods

3.

The Ordinance on the Hygiene and Safety of Foods which came into force on 1 November 2003deals specifically with some aspects of food. In particular, this Ordinance details provisions on“securing food hygiene and safety in the process of food production and sale; preventing and overcoming food poisoning and diseases which are spread through foods

4”.

In language similar to the Ordinance on the Quality of Goods, the Ordinance on the Hygiene and Safety of Foods states that:

All Vietnamese organizations, households and individuals as well as foreignindividuals and organizations that produce and trade in foods within the territoryof Vietnam are subject to Vietnamese law. In cases where international treaties to

1 This book was written by Nhan Thien Vu, Of Counsel to Russin & Vecchi, Vietnam and assistant professor atChapman University School of Law. It was originally published in 2000 by Prospect Media Pty Ltd. as a chapter on Vietnam in a publication entitled “International Food Law”. It was revised and updated in 2002 and 2003 by

Russin & Vecchi. This edition, current through August 2006, was revised and updated by Le Ba Thanh Chung of Russin & Vecchi.

2 Ordinance on the Quality of Goods, art 23 Id . art 34 Ordinance on the Hygiene and Safety of Food, art 1.



which the Socialist Republic of Vietnam is a party, contain provisions whichdiffer from the provisions of the Ordinance, the provisions of such internationaltreaties shall be applied

5.

These two ordinances give the Ministry of Science and Technology (“MOST”) overall

responsibility for the quality of goods, including foods

6

. Specific responsibility for the hygieneand safety of foods, however, is under the jurisdiction of the Ministry of Health (“MOH”). Toimplement the Ordinance on the Quality of Goods, the Government issued Decree 179/2004/ND-CP dated 21 October 2004 (“Decree 179”) on state management of quality of products and goods.Decree 179 details the responsibility of MOST and certain other Ministries and branches withrespect to the quality of goods7. The MOH is fully responsible for the safety and hygiene of foods. However, in case of overlapping responsibilities between these two ministries, MOST isresponsible to report to the Prime Minister in order to receive a final decision8.

WHAT IS FOOD?

The definition of food, as given in the Ordinance on the Hygiene and Safety of Foods, is asfollows: “Foods are products which human beings eat and drink in their fresh, raw, processed or preserved forms.”

9. There are sub-definitions of different types of food such as functional food,

high-risk food, irradiated food and genetically modified food.

Those sub-definitions are as follows:

“Functional food” is food used to support the operation of body organs, which has a nutritiousvalue, which creates comfort for the body and which reduces pathogenic dangers

10. Circular

08/2004/TT-BYT of the MOH dated 23 August 2004 was issued specifically to deal withfunctional food. Functional foods include foodstuffs to which micro-nutrients have been added,

supplemental foodstuffs to protect health foodstuffs and medically nutritious products11

.

“High-risk foods” are foods with a high possibility of infiltr ation by biological, chemical and/or physic agents, and which may affect the health of consumers

12. Decree 163/2004/ND-CP dated 7

September 2004 of the Government provides a list of high-risk foods that include meat and meat products, milk and milk products, egg and egg products, fresh and processed aquatic products,ice cream, mineral water, functional foods, food addictives, frozen foods, etc.

5Id . art 2

6 Ordinance on the Quality of Goods, art 24.27 Under Article 23 of Decree 179/2004/ND-CP of the Government dated 21 October 2004, the MOH is responsible

to manage the quality of assorted raw materials for production of medicine, and assorted medicines for human

disease prevention and treatment, assorted vaccines and medical biologicals, sanitary supplies and medicalequipment, soaps and chemicals for domestic-use, talcum powder, toothpaste, cosmetics, food safety and hygiene, drinking water and water for daily-life.

8 Id . art 23.2 9 Ordinance on the Hygiene and Safety of Foods, art 3.110 Id . art 3.1011 Circular 08/2004/TT-BYT of the MOH dated 23 August 2004 guiding the management of functional foods, artI.212 Ordinance on the Hygiene and Safety of Foods, art 3.11



“Irradiated foods” or “Food preserved by radiation methods” are food s radiated by sources of radioactive activity to preserve and prevent food from degeneration

13. Irradiated foods are

specifically regulated by Decision 3616/2005/QD-BYT of the MOH dated 14 October 2005.

“Genetically modified foods” are f oods which originate from organisms genetically modified due

to the use of genetic technology

14

. According to the Ordinance on the Hygiene and Safety of Foods, the management and use of genetically modified foods is regulated by the Government.However, to date, no regulation has been issued.

QUALITY STANDARDS

With regard to goods in general, quality standards include a quality index, technicalrequirements, experimentation methods, packaging, labelling, transportation, preservation of goods, quality management systems and other issues relating to the quality of goods 15. There are

four types of quality standards. They are: Vietnamese standards imposed by the Vietnamesegovernment, industry standards

16, company standards applied voluntarily by businesses and

individuals, and international standards, including those issued by the World Health Organisationand the Food and Agricultural Organisation

17.

Before promulgation of the Ordinance on the Quality of Goods, all goods were subject to quality“registration”. That is to say, the State required individuals and organizations that produced and traded in goods to follow certain quality standards. Foods were no exception. Foods had to beregistered with the MOH. The registration included such information as: list of standards withwhich the food product must comply; a chart showing stages of processing of the food productfrom storage of raw materials, through the processing stage and ultimately to the storage and delivery of the finished product; a final or draft version of the label; instructions and warranties;test results for the food product from an authorized government test centre; list of all raw

materials used to process a food product including additives and packing materials; etc. TheMOH had the power to reject an application for registration.

However, since the Ordinance on the Quality of Goods came into effect, individuals and organizations that produce and trade in goods including food, are only required to “announce”their own quality standards. Administrative procedures to announce quality standards areintended to be simpler than the registration procedures. Producers and traders bear responsibilityto comply with the quality standards18 which they have announced. That is, they are able,themselves, to decide the quality standards of their goods--of course, such quality standards mustsatisfy applicable Vietnamese standards or industry standards. The entities are also responsibleto maintain the announced quality standards. As a result, the authoritarian role of the State

13 Id art 3.1214 Id art 3.1415 Ordinance on the Quality of Goods, art 916 Industry standards are promulgated by the ministries, the heads of ministerial level agencies and heads of the

agencies attached to the government for application within their respective branches or domains assigned to themfor management according to government stipulations.

17 Ordinance on the Quality of Goods, art 1018

Id . art 10



regarding the quality standards of goods, including food, has been changed into voluntarycommitments by entities to set and to comply with the quality standards of goods.

In general, goods related to food, safety, hygiene, human health and the environment must meetVietnamese standards

19. Vietnamese standards for hygiene and safety of food products are set by

the MOH

20

. They are tailored to each type of food or food group. The standards that apply to bread, for example, are different from the standards that apply to fresh milk.

The Regulations on Announcing Standards of Foods21 require all individuals and organizationsthat produce and trade in food products, including food additives, to announce the qualitystandards with the MOH or the local health authorities. When the health authorities approve,entities must ensure compliance with the standards, and they are subject to periodic inspection bya competent health authority22. Any changes in the standards, except for those that relate only tothe appearance of the label or specifications regarding packaging, must also be announced 23.

Announcement of Standards of Foods

The MOH receives announcements of standards of imported food products. It also receivesannouncements of standards of natural mineral water for bottling, cigarettes, and special productssuch as nutrients used for medical and related purposes, etc. Products other than those mentioned,must file their announcements with local health authorities.

Satisfaction of the requirements to announce standards of foods is evidenced by writtenconfirmation from the appropriate health authority. That confirmation appears on a Certificate of Standards of Goods

24.

Announcement Procedures

To announce standards of a food product or materials that are in direct contact with food products(eg, packaging) and that are locally produced 25, the entity that actually produces the food product(“Company” in this section)26 must submit an announcement application to the appropriate healthauthorities. The announcement application must include27:

19Id. art 12

20 Decree 49/2003/ND-CP of the Government dated 15 May 2003, art 1.1021 Issued in connection with Decision 42/2005/QD-BYT of the Ministry of Health dated 8 December 2005.22 Regulations on Announcing Standards of Foods, art 9. There are separate regulations on announcing quality

standards of goods and on announcing compliance with goods quality standards, issued in connection with

Decisions No. 2425/2000/QD-BKHCNMT and No. 2424/2000/QD-BKHCNMT, respectively, of the Ministry of Science and Technology, dated 12 December 1996. While they are technically applicable to all goods, includingfood products, the practice in Vietnam is to apply the more specific regulations, even where they contradict the

more general regulations. In this section, reference has been made to the general regulations on goods only whenthere is no regulation that deals specifically with food products.

23 Id. art 724 Id. art 4.4(a)25 Announcement procedures that apply to imported foods and food additives are discussed later in the section,

“IMPORT REQUIREMENTS” at page 13.26 The producer of the food product.27 Regulations on Announcing Standards Foods, art 3



• An original copy of the completed announcement form on quality standards (a form is provided by the MOH);

• Two original copies of the announcement on quality standards issued and stamped by theCompany;

• Notarized copy of the Company’s business license;

• Certificate on the results of tests which relate to the quality and safety of the food products28;

• Label or draft label of the food product, stamped by the Company; and

• A copy of a Certificate that certifies that the Company has met food hygiene and safetyconditions or a copy of an application to grant such a Certificate;

• A copy of a Certificate of Trademark Registration (if any);

• For Irradiated or genetically modified food, a copy of a Certificate of either bio-safety or irradiation safety is required.

For imported food products, product specifications or a Certificate on the results of tests and acopy of a Certificate of GMP or HACCP (if any) is also required.

If imported products are food additives29, food-processing supporting substances30, or specialfoods31, other documents, eg, Certificate of Free Sale, Health Certificate, result of clinical tests,etc. will also be required.

Note, if the Company’s quality standard for a specific food product is equivalent to a Vietnamesestandard or an industry standard or an international standard, the Company should mention thecoincidence. As an alternative in such cases, the Company need not create its own standard.Instead, it need only mention the Vietnamese, industry, or international standard with which it iscomplying. Otherwise, the health authorities will also require a written decision that has beenstamped and executed by the Director of the Company on the establishment of a Company

standard.

Of course, the announcement application should be prepared in the Vietnamese language.

28 If it is mineral water, a certificate on the results of tests of the water source is also required.29 “Food additive”, as defined in art 3.7 of the Ordinance on the Hygiene and Safety of Foods, means a substance

with or without nutritious value, that is added to food ingredients in the course of processing, treating, packagingand transporting food with a view to retaining or improving some characteristic of food.

30 “Food-processing supporting substances”, as defined in art 3.8 of the Ordinance on the Hygiene and Safety of

Foods, means substances used in the course of processing food raw materials or food ingredients in order to perfect the food-treatment or processing technologies.

31 “Special foods”, as defined in art 2.10 of the Regulations on Announcing Standards of Foods, means nutritious products for children, genetically modified food, irradiated food and functional food.



Within 15 days from the date of submission of the announcement application, the healthauthorities will grant the Company a Certificate of Standards of Goods. If not, the Company will be instructed how to revise the announcement application so that it is satisfactory.

The Company is required to announce standards of a food product with the health authorities

only once before such food product may be sold in Vietnam. That is to say, the announcement is permanent. However, the Certificate of Standards of Goods must be renewed every three years. If there is a change to the food product’s standards, as announced, the Company must announce thechange32.

SAFETY AND HYGIENE

All individuals and entities that want to produce and to trade in foods must satisfy certainconditions on health and safety33 in order to be licensed. However, those entities that deal with

high-risk foods, must, in addition, obtain a certificate on satisfaction of conditions on food hygiene and safety.

All conditions on hygiene and safety must be maintained throughout the lifetime of the business

34. A food establishment (meaning a workshop or store used by a food producer,

processor, business, importer or canteen service centre, and even equipment and premises used by a food producer) must satisfy certain health and safety criteria. Any location where food is processed, manufactured, stored, sold or served must meet “hygienic environmentalrequirements

35.” All employees who come into direct contact with food must have a periodic

health check to assure that they meet health conditions mandated by the MOH. In addition, theymust have a training certificate to show that they have studied food safety and hygiene, and must be adequately supervised so that they follow applicable regulations and possess sufficiently safeand hygienic tools

36. The tools, equipment, materials and chemicals used in food establishments

must not pollute food products with toxic substances, chemicals or bacteria37

.

LABELLING

The key legislation regarding labelling are the Regulations on the Labelling of Goods to becirculated in the Country including Goods for Export and Import ("Regulations on GoodsLabelling")

38. The Regulations on Goods Labelling applies to all goods that are produced in

Vietnam for distribution within the country or for export. They apply equally to foreign-madegoods imported for sale in Vietnam

39. In these Regulations, labels are defined as “inscriptions,

prints, drawings, images or signs that are imprinted or embossed directly on or affixed, stuck or pinned firmly to goods or their packaging to display necessary and principal information about

32 Id. art 733 Decree 03/2000/ND-CP, dated 3 February 2000, art 4.1(b)34 Decree 03/2000/ND-CP. art 4.3; Law on Enterprises, art 17.235 General hygiene conditions applicable to food processing establishments issued in connection with Decision

39/2005/QD-BYT of the Minister of Health dated 28 November 2005, art 1 to art 1036 Id, arts 17, 18, 1937 Id. art 11 to art 1638 Issued in conjunction with Decision no 178/1999/QD-TTg of the Prime Minister dated 30 August 1999.39 Regulations on Goods Labelling, art 1.1



such goods”40

. In addition, goods labelling is defined as the “inscription of necessary and principal information about the goods in order to provide consumers with basic information toidentify goods, and [the labels] serve as a basis for purchasers to decide on the selection,consumption and use of such goods, and for functional bodies to conduct inspection and supervision”

41.

The Ordinance on the Hygiene and Safety of Food s provides that the labelling of food mustcomply with the Regulations on Goods Labelling42. However, the following items are notcovered by the Regulations on Goods Labelling: processed foods, raw and fresh foods, essentialcommodities and necessities which are not ready-packed and sold directly to consumers, and food and drinks that are ready-packed and must be consumed within 24 hours43.

As provided by the Regulations on Goods Labelling, labels may include both compulsory and non-compulsory information. The non-compulsory contents are, as the name suggests, optionaland depend on specific requirements and peculiarities of the product44. The compulsory contentsare mandatory and contain the most important information about the product. The following are

compulsory contents for all goods labels whether for goods sold in Vietnam or for export:

• Name of the goods, either the particular name of the goods or a name which already appearson the list of Vietnamese standards which apply to a number of goods 45. In cases where thename of a product is not on the list of Vietnamese standards, then one must use the name of the goods as specified in published international standards for application in Vietnam 46, or inthe International Harmonised Commodity Description and Coding Systems already published for application in Vietnam47. If the name of the product is not mentioned in any such list, the product may be named according to a specific description or according to a clear statement of its utility48;

• Names and addresses of the entities which produced, imported, assembled or finished thegoods

49;

• Weight and volume of the goods50

, measured in units recognised by Vietnamese law, under the International System of Measuring Units (S.I)

51;

• Ingredients, but only if the product, including ready-packed foodstuffs, is composed of two or

more constituent parts52

. Ingredients must be listed in descending order of volume or content(volume percentage)

53;

40 Id. art 3.141 Id. art 3.442 Ordinance on the Hygiene and Safety of Foods, art 35.143 Regulations on Goods Labelling, art 1.244 Id. art 1445 Id. art 6.146 Id. art 6.247 Id art 6.348 Id. art 6.449 Id. art 750 Id. art 851 Id. art 8.2



• Principal quality criteria, ie factors decisive to safety and consumption by humans and theenvironment

54;

• Production date, expiry date and shelf-life of goods55. An expiry date is mandatory for food

products56

;

• Storage and usage instructions57

; and

• Country of origin--applicable only to imported goods and goods for export58.

These compulsory contents may be reduced by the relevant ministry in the case of particular goods with special characteristics59.

Under the Regulations on Goods Labelling, the basic requirement of a label is that all letters,numerals, drawings, images, signs and/or marks which appear on a label must be clear and

accurately reflect the properties of the goods. They must not be ambiguous, so as to causeconfusion with another product

60. Labels which are so unclear that they cannot be read easily

may result in an administrative violation61

.

Goods which are distributed in Vietnam must be labelled in the Vietnamese language. However,depending on the requirements of each type of goods, a foreign language may be added insmaller print

62. With respect to goods made only for export, labels may be in the language of the

country or territory importing such goods, if this is agreed in the sale/purchase contracts for suchgoods

63. With regard to imported goods, the Vietnamese language must appear either on the

original label or on an additional label which must be attached to the goods before they are put onsale or distributed

64.

The name of the goods must be inscribed in letters not shorter than 2mm65

, and must appear,together with the net weight of the product, clearly visible on the principal display panel of thelabel

66.

52 Id. art 9.153 Id. art 9.354 Id. art 1055 Id. art 11 56 Id. art 11.257 Id. art 1258 Id. art 1359 Decision 95/2000/QD-TTg dated 15 August 2000 of the Prime Minister adjusting and supplementing a number

of contents of the Regulation on Goods Labelling, art 1.660 Regulation on Goods Labelling, art 461 Decision 95/2000/QD-TTg, arts17.3, 1862 Regulation on Goods Labelling, art 5.163 Id. art 5.264 Id. art 5.365 Decision 95/2000/QD-TTg, art 1.166 Id. art 1.2



Circular 15/2000/TT-BYT67

states that, in addition to applying the compulsory contents listed above, food labels must contain some further information:

• If perfume, sweetener or colour additives are used in the processing of food, the label mustclearly state whether such additives are natural, synthetic or artificial

68;

• If there are two or more food additives in a product, they must be listed in proportion to their volumes. The phrase “for food” must be inscribed 69;

• Food that is made and/or processed from materials produced from genetic modification and food that is made by means of genetic modification must be labelled in Vietnamese alongwith the phrase “made by means of genetic engineering”70;

• Food that is made, processed or preserved by means of radiation must be labelled inVietnamese with the phrase “radiated food”, or by the use of the international symbol of food processed by radiation published for application in Vietnam71;

• For food that is used to improve nutrition or for treatment, information about nutritionalingredients, specific additional nutrient contents and instructions for use must be added

72;

• Labels for food used for diets must include the phr ase “for diet” and the main “diet”characteristics of the food must appear next to its name

73.

Non-compulsory contents may appear on food labels, but they must not be contrary to thecompulsory labelling requirements referred to above. They are: number and bar codes granted bynational number and bar code organizations; protected trademarks; medals; certificates of the product's international quality standards; serial number of the goods’ batch; international

markings used for transport, use and storage; foreign language information and information that promotes the product. However, it is prohibited to include language which claims that the food product prevents and/or treats a particular illness or that it is equivalent to a medical alternative

74.

Changes made to a registered food label or to the expiry date without the approval of thecompetent authority are strictly prohibited 75.

As previously mentioned, food products manufactured in Vietnam for export may bear a label inthe foreign language of the destination country. Such products may also have their own labels at

67 Issued by the MOH dated 30 June 200068 Circular 15/2000/TT-BYT, art 2.1(b)69 Id. art 2.670 Id. art 2.271 Id. art 2.372 Id. art 2.473 Id. art 2.574 Id. art 375 Regulations on Goods Labelling, art 25.2



the request of the foreign buyers, provided that a phrase such as “made in Vietnam” appears onthe label

76.

Cigarettes made in Vietnam under foreign license may use a label in a foreign language, but thelabel must contain the words “made in Vietnam” in the Vietnamese or a foreign language, and

must say in Vietnamese: “smoking is hazardous to your health”

77

.

ADVERTISING

There is no legislation that specifically deals with advertising food products.

Current regulations relating to advertising in general are Decree 24/2003/ ND-CP78, Circular 43/2003/TT-BVHTT79 and Inter-Circular 01/2004/TTLT-BVHTT-BYT80. In general, thecontents of an advertisement of all goods--not just food products--must be accurate, truthful and

must correctly reflect the form, quality, usage, label, design, classification, packing, origin, usedate, preservation period and warranty period of the goods.

81In particular, food advertisements

must be truthful, must accurately describe the quality of the food products and must includeguidance on use and preservation of the foods for which such guidance is required

82. The

advertisement must be in accordance with food labels and quality which have been announced toor registered with relevant state agencies

83.

In order to advertise a food product, an entity must present to the media organization involved,the Certificate on Business Registration, and the Certificate on product quality announcement or a similar certificate on product quality issued by the competent state agency. In addition, theentity must inform the MOH or local health authorities authorized by the MOH of the contents of the advertisement. Approval is deemed to have been received from the health authorities if theapplicant does not hear from them within 10 working days from submission of the intended

advertisement. If the health authorities do not approve the contents, the entity and the advertisingservice provider will be informed in writing. If the contents are not approved, the food productmay not be advertised

84.

Advertisements of some products such as sanitary pads, condoms, etc, which advertisements donot conform to Vietnamese culture and way of life, will not be approved 85.

Further, advertisements which incorrectly state the quality of the product and/or address of the producer 86 or which relate to products either banned by the State or whose consumption is

76 Circular 04/2001/TT-BTM dated 22 February 2001 and issued by the Ministry of Trade ("MOT"), art 477 Id. art 9.578 Dated 13 March 200379 Dated 16 July 2003 and issued by the Ministry of Culture and Information (“MOCI”)80 Dated 12 January 2004 and issued jointly by the MOH and MOCI81 Decree 24/2003/ND-CP dated 13 March 2003, art 4.482 Inter-Circular 01/2004/TTLT-BVHTT-BYT dated 12 January 2004 , art II.1.e83 Circular 43.2003/TT-BVHTT dated 16 March 2003, art I.2.4, II.1.a84 Inter-Circular 01/2004/TTLT-BVHTT-BYT, art III.385 Circular 43.2003/TT-BVHTT dated 16 March 2003, art I.686

Id. art 3.4



restricted by the State are strictly prohibited 87

. In this regard, tobacco advertising in any form is prohibited

88. Advertising alcoholic products is also prohibited, but with the following exceptions:

• Advertisement of alcoholic products with an alcohol content of 15º or less is allowed innewspapers, electronic newspapers, radio, television and computer networks. In this regard,

such advertisements are treated no differently than advertisements of other products

89

.

• Advertisement of alcoholic products with an alcohol content of more than 15º is allowed within the premises of the alcohol producers or within product introduction stalls or agents’shops. However, no one standing outside of the premises or shops should be able to hear or see or read such advertisements90.

• Various medicated alcohols or tonics may be advertised in accordance with the Regulationson Information on, and Advertising of, Drugs and Cosmetics for Human Use91.

Advertisement of nutritious products for infants must be accompanied by an advisory that "breast

milk is the best food for children's health and development". However, advertisement of milk or food products for infants less than one year of age is prohibited 92. Previously, an offshore producer with no establishment in Vietnam could advertise only througha Vietnamese advertising agency. This condition has been removed. Now, producers with or without an establishment in Vietnam, are able to choose a foreign invested advertising entity or a

foreign advertising branch93

to advertise their products.

RECALL

Most of the laws and regulations that deal with violations of food quality standards, do not

address the issue of recall. However, the regulations do allow sanctions that are tantamount to arecall. These include confiscation of the tools and equipment used to perform the administrativeviolation; destruction of items causing damage to human health; suspension of the delivery,distribution and import/export of goods; and the re-manufacture or destruction of substandard goods

94.

Recalls are discussed in the Ordinance on the Hygiene and Safety of Foods and Decree163/2004/ND-CP . Where an imported or manufactured food product fails to satisfy the food hygiene and safety requirements or where it does not comply with the announced qualitystandards, the agency which issued the certificate on food quality may suspend distribution, and recall the product

95. The company responsible for the distribution or manufacture of the non-

87 Id. art 3.988 Circular 43/2003/TT-BVHTT, art II.489 Id , art II.3.a90

Id , art II.3.b91 Id. art II.3.c92 Decree 21/2006/ND-CP dated 27 February 2006, arts 6.1 and 6.293 Decree 24/2003/ND-CP dated 13 March 2003, arts 21, 25.94 Decree No. 126/2005/ND-CP of the Government dated 10 October, 2005, art 495 Ordinance on the Hygiene and Safety of Foods, arts 26, 37; Decree 163/2004/ND-CP, arts. 10, 17



compliant product must retrieve the food product96

. In the event that the competent authoritydecides to destroy recalled food, the company involved must itself d o so. Alternatively, it must be responsible for all costs of destruction incurred by the authorities

97.

INSPECTIONS

Responsibility for inspection of the quality of food products is divided among three ministries.The MOST has primary responsibility for the quality of goods in general and of food s in particular 98. The MOH is authorized to conduct inspections on hygiene and safety of foods. 99 In addition, the MOT is responsible for issues involved in the sale and circulation of foods100.However, in practice, any of the three ministries can initiate an inspection regarding foods inconjunction with the other two ministries.

In general, quality inspections are conducted by inspection teams or individual inspectors. The

team or individual is tasked with: (1) investigating compliance with legislation on quality, (2)imposing sanctions, and (3) applying or proposing, according to its authority, measures for

preventing or ending a violation. Based on the above, the list of authorized inspections includes:

• Whether the quality of goods distributed in the market conforms to the quality stated in the announcement;

• Whether the quality of goods complies with compulsory Vietnamese standards;

• Whether the quality of goods distributed in the Vietnamese market conforms toregulations on safety, hygiene and the environment;

• Inspecting labels;

• Inspecting the equipment used to measure and/or weigh goods; and

• Inspecting the production, sale or purchase of goods in the market.

Inspectors are given a great deal of power. They may:

• Order the entity being inspected to provide all pertinent samples, information,documents and explanations necessary for the inspection;

• Request that the entity being inspected create favorable conditions for the inspectors

to carry out their duties;

96 Id. art 17.297 Id. art 30.598 Ordinance on the Quality of Goods, art 27.199 Ordinance on the Hygiene and Safety of Foods, art 45.1100 Decree 175/2004/ND-CP of the Government dated 10 October 2004 on Dealing with Administrative Offences in

the field of Commerce, art 48



• Confiscate samples of goods and have them tested;

• Make a record of the inspection and recommend to the head of the relevant qualitycontrol agency the measures to be taken in the future;

• Apply measures for the prevention and handling of violations according to law; and

• In the event that any evidence of criminal conduct is discovered, transfer allinformation regarding any breaches of the law to criminal investigation authorities101.

The contents and conclusions of the inspection and all recommendations are made in aninspection report. The inspection report is central to resolving problems. The Ordinance on theQuality of Goods states that, during the inspection, the inspection team or inspector must notcause harm to the legitimate rights and interests of the business or individual being inspected, nor to consumers, and must abide by the law and take res ponsibility for all its acts and conclusionsand must pay compensation for any damage caused 102. In fact, it is difficult to dispute the

inspector’s acts or findings. Therefore, officials within the relevant government agency have nochoice but to rely heavily on the inspection report. While the inspected business or individualmay ask the inspecting agency to reconsider, or may initiate legal proceedings against decisionsof or measures imposed or taken by the inspector(s)103, the chances of having a decision reversed are small.

IMPORT REQUIREMENTS

All imported goods are subject to the regulations described above. Food imported into Vietnammust meet the following additional conditions

104:

• Have a Certificate of Standards of Goods issued by the MOH;• Have a Certificate of satisfaction of food hygiene and safety requirements issued by the

MOH. As of the date that food materials and food additives are imported, the expirationdate must be over two-thirds of the total useful life as inscribed on the label.

• Unprocessed food that has any animal or plant origin must have phyto-sanitarycertificates granted by competent Vietnamese state agencies.

In order to obtain a Certificate of Standards of Goods for imported foods, importers mustannounce the standards of the imported foods to the MOH 105. The procedure is very similar tothe procedure to announce standards of locally made food products as discussed above in the

subsection, Announcement Procedures at page 4. However, the requirement to announce

imported foods does not apply to non-traded food products, such as foods carried into Vietnamfor personal use or gifts, goods for the diplomatic corps and international organizations, and samples for fairs and pilot studies

106.

101 Ordinance on the Quality of Goods, arts 29.1, 30;102 Id , art 29.2103 Id. art 31104 Decree 163/2004/ND-CP, art 6.105 Regulations on Announcing Standards of Foods, art 3.2106

Id , art 1.5



In order to obtain a Certificate of satisfaction of food hygiene and safety requirements, importersmust have their foods examined by the MOH.

A dossier to register for examination of imported-food hygiene and safety consists of 107

:

• Application (a form is provided by the MOH);

• Copy of the Certificate of Standards of Goods;

• Copy of the bill of lading;

• Copy of the invoice;

• Copy of the Certificate of Origin;

• Copy of the packing list;

• Copy of the sales contract;

• Certificate of Analysis, granted by an accredited laboratory for food products, thestandards of which have not been announced; and

• Certificate of Free Sale, granted by the competent authority in the producing country for

high-risk food products, the standards of which have not been announced.

Within three days after receiving the dossier for registration of examination, the MOH108

mustissue a receipt so that the importer of foods is permitted to carry out customs clearance procedures. Afterwards, the MOH examines the imported foods to determine whether to issue aCertificate of satisfaction of food hygiene and safety requirements109. It is necessary to receive aCertificate of satisfaction before the importer of foods can circulate them 110.

If an imported food fails to comply with the regulations on imported-food hygiene and safety, itmay be recalled, recycled, have its use purpose changed, be destroyed, or be re-exported by adecision of an enforcement authority111.

In addition, where imported goods appear on the “List of goods subject to state qualityexamination”112, the importer must apply to have the goods examined by relevant government bodies113. There are a number of aquatic products on this List. After the quality examination, theexamining agency will issue the results of the examination in a notice in one of the followingforms:

• Certificate certifying that the imported goods meet requirements as to quality;

107 Decree 163/2004/ND-CP, art 8.108 According to Decision No. 2964/2004/QD-BYT of the MOH dated 27 August 2004, the Food Administration, an

agency under the MOH, is responsible to assist the MOH to perform state management of quality, hygiene and safety of food nationwide. As authorized by the MOH, the Food Administration is responsible to receive

dossiers, examine and decide whether to issue Certificates of Standards of Goods and Certificates of satisfactionof food hygiene and safety requirements.

109 Decree 163/2004/ND-CP, art 10.1 and art 10.2110 Id , art 9.3111 Id , art 10.3116 List of goods subject to State quality examination promulgated in conjunction with Decision 50/2006/QD-TTg

dated 7 March 2006.113 Regulations on the state Examination of Import-Export Goods Quality (promulgated in conjunction with

Decision 1091/1999/QD-BKHCNMT dated 22 June 1999), art 1.2



• Notice that the imported goods have complied with all quality examination procedures; or

• Notice that the imported goods are exempt from quality examination114.

Customs procedures115

are based on the results of the examinations mentioned. That is to say,only if the examination results are favorable, will Customs import procedures be conducted.When the Customs procedures are completed, the goods can be imported. If the examinationresults are unfavorable, the goods must either be destroyed or returned to the exporting country.

EXPORT REQUIREMENTS

In general, there are no specific export requirements for food products. In principle, it is theoverseas buyer of a food product, that sets the quality, safety or hygienic standards with whichthe product must comply.

In practice, the overseas buyer usually asks whether the food exporter is in compliance withInternational Standardization Organization (“ISO”) provisions. Further, the food product mustfollow international standards on hygiene and safety known as Hazard Analysis, Critical ControlPoint ("HACCP"). The principle of HACCP is to define and isolate the critical points in the process which may pose a food safety hazard. Processors are responsible for producing safe products. Safe food means marketable food, and food exporters are responsible to provide safefood in accordance with HACCP.

In addition, an overseas buyer may require a Certificate of Free Sale issued by the MOH for food products intended for export. If so, the food exporter must apply for the Certificate from the

MOH116

. According to discussions with an MOH official, the food exporter should submit aletter of request for the Certificate for Free Sale together with the sales contract under which theCertificate is required by the overseas buyer. Within about two weeks, the food exporter should receive the Certificate, assuming that it has announced to the MOH, the standards on quality,safety and hygiene of the foods intended for export.

However, if the exported food product falls onto the “List of goods subject to State qualityexamination”, the food exporter must proceed with quality examination under the MOH. Exportrequirements that relate to foods are the same as those discussed in the previous section,

IMPORT REQUIREMENTS. A successful examination will help facilitate customs procedureswhich apply to foods for export.

AQUATIC PRODUCTS

Government Decree 86/CP117 provides that the Ministry of Aquatic Products (“MOAP”) is aspecialist agency which is responsible for unifying state management of the quality of aquatic

114 Id. art 1.5115

Id. art 1.5116 There are no specific provisions on application procedures.117 Decree no 86/CP of the Government dated 8 December 1995



products118

. That term includes aquatic animals and plants, aquatic animal and plant products,feed for aquatic and marine life, aquatic plant protection products (eg, chemicals), veterinarymedicines for aquatic life and fishing nets and other gear

119.

Entities involved in aquatic products intended for consumption are subject to inspection by

MOAP to assure compliance with standards of food safety and hygiene. In order to arrangeinspections, establishments must register with the bodies which perform those inspections. Thereare four ty pes of inspection: first-time inspection, re-inspection, periodic inspection, and irregular inspection120. Each type of inspection, except periodic inspection, is carried out by an inspectionteam set up by the head of the inspection body. 121. Inspection reports must state the inspectionteam's general assessment of the hygienic standard of the establishment as it relates to food.

Class A establishments (those which satisfy food hygiene and safety standards) 122 or Class Bestablishments (those which achieve such standards, but which have some minor faults whichhave little impact on food hygiene and safety of the aquatic products)123 will be granted a codenumber 124. If the establishment has many serious faults which cannot be remedied within a short

period of time, and if production were to continue there would be a serious impact on the hygieneand safety of the aquatic products, then, at the request of the inspecting body, the body authorized to rule on such establishments, will issue a non-recognition notice. The exact authorized body isdiscussed below. A copy of the notice is also sent to the agency which granted the businessregistration certificate to that establishment125 with a request that the business registrationcertificate be suspended 126. The authorized body may, by the same notice, request the statequality control body not to grant quality certificates for goods produced by the establishmentfrom the date of the notice127.

A qualified establishment must nevertheless submit to periodic inspections and maintain hygienicand safe conditions128. The frequency of inspections can vary, ranging from once a month to once

a year depending on the classification of the establishment: eg, Class A establishments areinspected once every six months, whilst Class B establishments are inspected once every threemonths129. The frequency of inspection also depends on whether the establishment is involved inmanual or industrial processing130.

According to the Regulations on Aquatic Products, the MOAP is responsible for issuing

recognition notices to establishments involved in the production, packaging or preservation of aquatic products for use as food. The provincial Departments of Aquatic Products deal with all

118 Inter-ministerial Circular no 02TT/LB dated 24 May 1996 of the MOSTE and MOAP, art 1.1119 Id. art 2; Decree 86/CP, art 4.3.120 Id. art 5121 Id , art 10.1122

Id . art 11.3(a)123

Id. art 11.3(b)124 Id . art 14125 Id art 15.2126 Id art 15.2(c)127 Id art 15.2(c)128 Id art 18.3129 Id art 12.1(a)130 Id art 12.1



other establishments involved with aquatic products for use as food 131

. The inspecting bodiesmay collect inspection fees in the cases of first-time inspection, re-inspection and periodicinspection

132.

These Regulations do not govern aquatic products processing establishments for retail133

, or

aquatic food catering services

134

.

State Inspection and Certification of Aquatic Products Quality

All organizations and individuals producing and trading in aquatic products, whether they areexported, imported or domestically consumed, which products appear on the list of goodsrequiring quality inspection, must apply for inspection by the State's inspecting bodies135. Thisinspection is made per lot of aquatic products and a certificate of aquatic products quality will begranted per lot.

Before any lot of aquatic products can be exported, imported or consumed domestically, it is

necessary to have one of the following documents: either a quality certificate or a notice of exemption from quality inspection

136. A quality certificate is granted if the lot of products meets

prescribed standards137

. Exemption from inspection may be granted to a particular lot of aquatic products if such lot has already been inspected and approved by the MOAP for export or for domestic consumption

138upon the request for inspection of the processing entities. However, if

such aquatic products are returned or rejected by foreign inspecting bodies, such products will besubject to inspection in Vietnam. Establishments are exempt from inspection only when theyhave applied all measures to ensure food safety control, and are certified by the inspecting bodies

139as having done so. Many imported products are also exempt from inspection. To

qualify, such products must have been granted quality certificates either by an authorized inspection agency from the exporting country

140, or by a foreign inspection organization

approved by the MOAP141

. In addition, there must be compatibility concerning origin,homogeneity, packaging, labelling and appearance norms of the imported aquatic products withthe importation documentation. If so, the inspecting body shall issue a notice of inspectionexemption for the qualified lots

142.

131 Id art 6132 Id art 24.1133 Id art 2a134 Id art 2b135 Regulations on the state Inspection and Certification of Aquatic Goods Quality (issued together with Decision

no 650/2000/QD-BTS of 4 August 2000 of the MOAP), arts 1.2, 1.3136 Regulations on the state Inspection and Certification of Aquatic Goods Quality, art 4.1137 Id art 12.2(a)138 Id art 4.1139 Id art 4.4140 If the exporting country is a signatory to a mutual recognition agreement with Vietnam.141 Id art 11.2142 Id art 11.3(a)



Each quality certificate or notice of exemption from inspection is effective only on condition thattransportation and storage have not changed the quality of the aquatic products which have beeninspected

143.

If the inspection result is negative, the owner of aquatic prod ucts will receive a notice of failure.

The owner of the products, then, may request re-inspection

144

, and in cases where the originalinspection was inaccurate, resulting in damage or loss to the owner, the aggrieved owner has theright to claim compensation. The level of compensation can be agreed but cannot exceed tentimes the inspection charge already collected 145.

Announcement of Quality Standards of Speciality Aquatic Products

There are separate regulations on speciality aquatic products. They are called, Tem poraryRegulations on Announcing Quality Standards of Speciality Aquatic Products146. TheRegulations stipulate that: aquatic animal and plants for breeding purposes; industrial processed foods for aquatic farming; medicines, chemicals, and biological products used in aquatic farming;

and nets and other instruments used in aquatic exploration are subject to announcement procedures of quality standards. Announcement procedures must be made with the localdepartment of the MOAP, before such products can be sold in Vietnam, whether they are produced locally or whether they are imported.

The announcement application should include147:

• Original of the completed announcement form on quality standards (this is a fixed form provided by the MOAP);

• Original of the announcement on quality standards issued and stamped by the applicant;

(To complete these two forms, the applicant148

must provide its standards for the specificaquatic product. As described above, such standards are decided by the applicant and theapplicant’s decision is made in writing, stamped and executed by the applicant. Anoriginal copy of such decision should be included in the announcement application.Further, if the standards set by the applicant meet either a Vietnamese standard or aninternational standard, the applicant should include such additional information.)

• Certificate on the results of tests which relate to the quality of the aquatic products; and

• Label or draft label of the aquatic product.

143 Id art 13.5144 Id art 15.1145 Id art 7.6146 These temporary regulations were issued in connection with Decision 425/2001/QD-BTS of the Minister of

Aquatic Products dated 25 May 2001.147 Id , art 7148 The applicant will be the producer if the speciality aquatic product is locally produced. The importer or the

distributor is the applicant if the speciality aquatic product is imported.



The applicant will know whether its announcement is accepted by the local department of theMOAP within seven days from the date of submission. If the announcement is accepted, theapplicant is responsible for complying with its announced quality standards and is subject to periodic inspection by the competent state agency on the quality of its speciality aquatic products

149. If there is a change in the announced quality standards, the applicant must announce

such change

150

.

Safety and Quality Requirements Aquatic Products for Export

The value of aquatic products exported by Vietnam has risen steadily in recent years. Vietnam isa prominent supplier. It is, therefore, important that proper standards be maintained to ensureconfidence in aquatic products that come from Vietnam.

For exports to countries with standards that differ from those of Vietnam, inspection and

certification must be based on the standards and requirements of the importing countries or onagreements between Vietnam and the importing countries

151. Vietnamese regulations allow

establishments that export their aquatic products, to be inspected more frequently than required by Vietnamese law, if the importing countries require it

152. Accordingly, to export aquatic

products, Vietnamese exporters must comply not only with Vietnamese law, but also withrequirements of the importing country. The Regulations on Aquatic Products state that if anestablishment that has been certified as meeting Vietnamese hygienic and safety standards, hasmore than two lots of exported goods returned or cancelled by inspectors in either Vietnam or inthe importing country, the certification will be revoked

153.

Like any food products, aquatic products should conform to HACCP. In addition, exported aquatic products must be sanitary. This requirement follows Good Manufacturing Practices("GMP"), which is the basic regime for food manufacturers. The principles are straightforward

and aim to prevent contamination of food through unsanitary practices. There is a closerelationship between HACCP and GMP, inasmuch as GMP is considered to be a prerequisite toHACCP. Without GMP, the risks are greater.

Vietnamese exporters must also establish their own quality control system to conform tointernational criteria and/or the requirements of the importing countries. To this end, theRegulations on Aquatic Products stipulate that, for exported aquatic products, the standards of importing countries or market groupings are to be applied to the exporters’ inspection procedures, provided that such standards meet Vietnamese standards154. At the moment, aquatic products for export have been r emoved from the list of export and import goods which aresubject to state quality inspection155. The Government has taken that step to encourage aquatic

products exporters to adopt voluntarily HACCP, GMP and other international criteria.

149 Id , art 10.1150 Id , art 10.2151 Id art 3.3152 Id art 12.2153 Regulations on Inspection and Recognition of Aquatic Products for Establishments, art 16.2(c)154 Id art 3.2155 Decision no 53/2001/QD-BKHCNMT dated 8 October 2001 of the MOSTE, art 1



ENFORCEMENT

All organizations and individuals have the right to lodge complaints regarding violations thatrelate to the quality of food products156. They may even make a complaint regarding wrongdoing by a government official responsible for implementing or enforcing the laws and regulations on

the quality of food products

157

. The authorities must respond to such complaints

158

.

All individuals and organizations that commit an administrative violation with r espect to thequality of goods, including foreign organizations and individuals, will be sanctioned 159. This is inline with the Civil Code which states that: “individuals, legal persons, etc that are producers or who do business without ensuring the quality standards of goods and damage any consumer,must compensate”160 the consumer. However, only inspectors of the General Department of Standards, Measurements and Quality (“GDSMQ”) or one of its branches, People’s Committees,the police, the Customs Service, market management agencies or specialist inspection agencies

of the ministries have the right to deal with administrative violations161

. Once a violation has been discovered, the law gives these government agencies much flexibility in the form and scale

of punishment162

. Sanctions include:

1. Warning: applies only to minor or first time violations or violations withextenuating circumstances;

2. Fine: determined on the basis of the type and seriousness of the violation, the presence of extenuating or aggravating circumstances and the personal record of the offender. The sanctions must be within the prescribed range of fines for eachtype of violation. The fines range from VND 100,000 to VND 20 million.

3. Temporary or permanent withdrawal of permits, certificates and other documents

issued by state agencies relating to the quality of goods;

4. Forcible registration of quality or application for necessary certificates or other documents;

5. Confiscation of evidence and means used in an administrative violation;

6. Temporary suspension of business activities if the violation is deemed liable toaffect safety, hygiene, the environment or the economy;

156 Ordinance on Quality of Goods art 6; Ordinance on Hygiene and Safety of Foods, art 49.2; Decree no126/2005/ND-CP of the Government of 10 October, 2005, art 31.2

157 Ordinance on Hygiene and Safety of Foods, art 49.2; Decree no 126/2005/ND-CP, arts 31.1, 31.2158 Id. art 31.3, Decree no53/2005/ND-CP dated April 19, 2005 implementing a number of articles of the Law on

Appeal and Denunciation, art 5.159 Id. Art 2.1, 2.2160 Civil Code, art 630161 Decree no 126/2005/ND-CP arts 25, 26 and 27.162 Id . Art 4.



7. Forcible implementation of measures to deal with the pollution or the spread of disease caused by the violation;

8. Forcible destruction of items causing damage to human heath;

9.

Forcible suspension of the delivery, distribution and import/export of goods; and

10. Forcible re-manufacture or destruction of substandard goods163.

The sanctioning agency will apply either a warning or a fine in almost every instance. Other sanctions are considered optional164. Whether an optional sanction is applied depends largely onthe type and seriousness of the violation. However, the enforcement agencies are given relativelylittle guidance as to which sanctions to impose or how large a fine should be. The regulations dolist extenuating and aggravating circumstances, as well as situations where sanctions are not to beapplied.

Extenuating circumstances include:

• The offender attempts to mitigate the damage caused by the breach or to deal voluntarily withthe consequences and to compensate the injured;

• The offender voluntarily declares his violation or repents the violation;

• The violation is committed in a state of nervous excitement caused by the illegal acts of other persons;

• The violating party is a pregnant woman, an old and sick person, a diseased person, a

disabled person or a person with limited awareness or control over his/her actions;

• The violation is committed in especially difficult circumstances not brought about by theoffender; or

• The breach was committed as a result of backward thinking165.

Aggravating circumstances include:

• Organised violations;

• Repeated and/or excessive violations;

• Enticement by the offender of underage persons to commit a violation or forcing dependent persons to commit a violation;

163 Id. art 4, arts 15 to 24164 Id. art 4165 Id art 4.1, Ordinance on Dealing with Administrative Violations dated 1 October 2002 art 8



• The violation is committed while the offender is under the influence of alcohol or some other stimulant;

• The offender abuses his or her power in order to commit the violation;

• The offender takes advantage of wartime conditions, natural disasters or other socialdifficulties in order to commit the violation;

• The offender persists in the violation despite the request of an authorized person to cease;

• The violation is committed while the offender is serving a criminal sentence or anadministrative penalty; and

• The offender attempts to evade responsibility or conceal the violation166

.

Situations where no sanction should be applied include:

• Where the offender had no choice due to urgent circumstances, unforeseen contingent events,natural disasters, war and similar situations, and every measure to overcome the difficultieshas been taken;

• The offender suffers from a mental or other disease that is confirmed by a medical agencyand which causes him or her to lose awareness or behavioural control167; and

• Where the statute of limitations (two years for import-export violations and one year for allother violations) has expired 168.

Usually, the more complicated and serious the violation, the higher the level of the inspector whois sent to deal with it (for example, regular inspector vs. chief inspector of the GDSMQ). Thesanctions which may be imposed on the spot also depends on the level of the inspector. However,even an inspector of the lowest-level may impose a fine of up to VND 200,000, confiscate itemsworth up to VND 500,000, require the restoration of the normal state of affairs, order theimplementation of measures to deal with pollution and diseases, and order the destruction of products damaging to human health169. Where an inspector believes that it is necessary to imposea fine beyond his/her authority, he or she must submit a file regarding the breach to theappropriate higher authority170. Within 10 days (or 30 days for complicated cases) the relevantgovernment agency will issue a decision on how to handle the administrative violation171.

If the administrative violation is considered to constitute criminal behaviour, and it is likely tocause serious consequences to other people, to hygienic or environmental safety or state property,

166 Id art 4.1, Ordinance on Dealing with Administrative Violations art 9167 Ordinance on Dealing with Administrative Violations art 3.6168 Decree no 126/2005/ND-CP, art 5.1169 Id , art 25170 Id . art 29.2171 Ordinance on Dealing with Administrative Violations art 56.1



then the agency handling the administrative violation must send the investigation file toconstitute criminal investigator’s department to handle in accordance with the Penal Code

172.

An injured party may demand compensation by filing suit with the Civil Division of the People’sCourt.

CONCLUSION

In conclusion, regulations on foods have recently been improved and simplified. A good exampleis the replacement of the complex rules regarding registration of food quality, hygiene and safety, by the regime of announced food quality, hygiene and safety. This is a shortened and simplified alternative which should do nothing to impair standards.

The rules on foods are continuing to develop in a way that recognizes the greater sophisticationof the Vietnamese food industry, consumption, importation, exportation and processing. Thereality is that the laws must continue to evolve. Rules that were intended to regulate the quality of

goods in general are not completely adequate to regulate the quality of food products. There is aclear recognition of this, but, as often the case in Vietnam, the process of change and implementation is measured and deliberate.

172 Decree no 126/2005/ND-CP art 29 3

Documents

Vietnamese Food Laws