Quyết định 43/2005/QD-BYT

DECISION

ISSUING "PROVISIONS ON REQUIREMENT ON KNOWLEDGE OF HYGIENE AND FOOD SAFETY FOR THOSE WHO DIRECT PRODUCE, TRADE FOOD”

MINISTER OF HEALTH

Pursuant to the Decree No.49/2003/ND-CP dated 15/5/2003 of the Government stipulating the function, tasks, powers and organizational structure of the Ministry of Health;

Pursuant to the Ordinance on Hygiene and Food Safety No.12/2003/PL-UBTVQH11 dated July 26, 2003;

Pursuant to the Decree No.163/2004/ND-CP dated September 07, 2004 of the Government “Detailing the implementation of a number of Articles of the Ordinance on Hygiene and Food Safety”;

At the proposal of Director of Department of Hygiene and Food Safety – Ministry of Health,

DECIDES:

Article 1. Issue together with this Decision the "Provisions on requirement on knowledge of hygiene and food safety for those who direct produce, trade food”.

Article 2. This Decision takes effect after 15 days from the date of its publication in Official Gazette.

Article 3. Mr. (Mrs.): Chief Office, Chief Inspector, Head of Legal Department, Director of Department of Hygiene and Food Safety, heads of concerned units under the Ministry of Health, Directors of the Health Departments of provinces, cities directly under the Central Government and heads of the departments of Health of branches are responsible for the implementation of this Decision./.

PROVISIONS

REQUIREMENT ON KNOWLEDGE OF HYGIENE AND FOOD SAFETY FOR THOSE WHO DIRECT PRODUCE, TRADE FOOD
(Issuing together with Decision No.43/2005/QD-BYT dated December 20, 2005 of the Minister of Health) 

Chapter 1:

GENERAL PROVISIONS 

Article 1. Scope of governing

This Regulation provides for requirement on the knowledge of hygiene and food safety for those who direct produce, trade food to suit each line of producing, trading food in the territory of Vietnam.

Article 2. Subjects of application

Those who direct produce, trade food on the territory of Vietnam in the following establishments:

Establishments of manufacturing and processing food: mean the establishments creating food products, including:

a) Establishments of manufacturing and processing industrial food: mean the establishments with lines of manufacture and processing, machinery mostly for the production and processing of food materials into food products.

b) Establishments of manufacturing and processing handwork and handicraft: mean the establishments with lines of manufacture and processing, mostly made by hand or simple tools for production and processing of food materials into food products.

Establishments of trading food: mean the establishments organizing to trade food for profits, including:

a) Establishments of trading food are the establishments displaying food for sale to customers.

b) Establishments of serving food are the establishments trading catering services.

c) Establishments of transporting food are the establishments transporting food, food materials from one place to another.

Chapter 2:

PROVISIONS ON REQUIREMENT ON KNOWLEDGE OF HYGIENE AND FOOD SAFETY FOR THOSE WHO DIRECT PRODUCE, TRADE FOOD

Article 4. Requirements on knowledge of hygiene and food safety while practicing

1. Individuals who direct produce, trade food must have certificates that have been trained in knowledge of hygiene and food safety appropriate to each line of manufacture, trade.

2. When those who are with pharmaceutical, medical universities, colleges diplomas, specialist of food hygiene, Epidemiology, Nutrition; universities, colleges diplomas - department of food technology directly participate in manufacturing, trading food shall not be required to have certificates that they have been trained knowledge of hygiene and food safety.

Article 5. Update of specialized knowledge

People who had certificates of being trained knowledge of hygiene and food safety, every year, must attend training to update specific, specialized knowledge for each line of manufacturing, trading food.

Owners of the establishments of manufacturing, trading food are responsible for creating conditions for those who direct produce, trade to participate in the training course annually; and it also must have monitoring book for the training mentioned above. Monitoring book must be certified by the training facility.

Article 6. Content of knowledge of hygiene and food safety, including

1. The basic knowledge as condition to be issued certificate:

a) The hazards of food safety.

b) Conditions for food safety.

c) Methods of ensuring hygiene and food safety (in production, processing, preservation, storage, transportation, consumption ...).

d) Good hygiene and food safety practice.

đ) The legal provisions on hygiene and food safety.

e) The knowledge: good manufacture practice (GMP), good hygiene practice (GHP), hazard analysis and critical control point (HACCP).

2. The specific, specialized knowledge for each line of manufacturing, trading food.

Article 7. Time of training knowledge of hygiene and food safety

Time of training knowledge of hygiene and food safety is specified in the table below:

PROVISIONS

 CONTENT AND TIME TO STUDY KNOWLEDGE OF HYGIENE AND FOOD SAFETY

Chapter 3:

PROVISIONS ON THE TRAINING ESTABLISHMENTS AND ORGANIZATION OF IMPLEMENTATION

Article 8. Training facilities of knowledge of hygiene and food safety

The facilities specializing in hygiene and food safety with functions, duties of training hygiene and food safety can organize or participate in training and issuing certificates for students. Certificates will be issued immediately after test results are publicized satisfactory.

The facilities specializing in hygiene and food safety with functions, duties of training include:

1. Department of Safety and Food Hygiene.

2. The facilities specializing in hygiene and food safety of provinces, cities.

a) The preventive medicine centers of provinces and cities.

b) The preventive medicine centers of the rural and urban districts.

3. The facilities to be certified by Department of Safety and Food Hygiene eligible to participate in teaching, training hygiene and food safety:

Universities;

The Research Institutes;

The Associations and sections of Association of Science and technology of Food safety;

The technical center for hygiene and food safety.

Article 9. Learning materials of knowledge of hygiene and food safety

Department of Safety and Food Hygiene is responsible for building content of knowledge guiding materials of hygiene and food safety according to the contents prescribed in Article 6 of this Regulation.

Article 10. Revocation of certificates of training knowledge of hygiene and food safety

When those who directly involved in production and sales of food are recorded in writing more than three times for the violations of regulations for hygiene and food safety will be revoked the certificate of training knowledge of hygiene and food safety and required to relearn to be granted certificate.

Article 11. Examination and inspection

During the examination, inspection of establishments manufacturing, trading food, the examination, inspection agency finds violations of regulations of hygiene and food safety of those who directly involved in production and sales of food, will make a record.

The record of examination, inspection is the basis for the competent state agencies to revoke the certificate of training knowledge of hygiene and food safety.

Article 12. Organization of implementation

1. Department of Safety and Food Hygiene is responsible for guiding and directing the implementation of this Decision in the country.

2. Departments of Health are responsible for guiding and directing the implementation within the provinces or cities under their management.