Import Requirements

All imported goods are subject to the regulations described above. Food imported into Vietnam must meet the following additional safety assurance conditions:^[1]

• a technical regulation conformity announcement must be registered at a competent state agency before the food is imported;

• the food importer must obtain a notice of satisfaction of import requirements issued by a designated inspection agency for each goods lot as prescribed by a relevant ministry;

In addition to the conditions prescribed above, imported functional food, micronutrient-fortified food, genetically modified food, and irradiated food must be accompanied by a certificate of free sale or a health certificate.

Imported foods are exempt from State inspection for safety purposes in the following cases: ^[2]

• Products that have received a Receipt of Registration of Announcement of Product;

• Personal foods brought by individuals upon entry, sent after or before the trip of the individual, for private consumption or for purpose of the trip; gifts  within import duty exemption threshold;

• Foods for private consumption by a person who has diplomatic privileges;

• Foods in transit and trans-shipment; foods for temporary import, re-export; foods stored in a bonded warehouse;

• Foods to be used as a subject for experiments and research in a reasonable amount for the purpose of the experiment and research, with appropriate confirmation from the organization and individual;

• Foods to be used as samples displayed in fairs or exhibitions;

• Products, ingredients, which are produced or imported especially for the production, processing of export goods or for the internal production of the organization or individuals without entering the domestic market;

• Temporary imported food to be sold in duty-free store;

• Imported goods for emergency request as directed by the Government, Prime Minister.

A reduced level of inspection (“Simplified Inspection”) is applied to the following products:

• Foods imported from countries which have concluded treaties on mutual recognition of food safety certification with Vietnam are eligible to receive a reduced level of inspection;

• Foods that satisfy the importation requirements in accordance with the regular level of inspection on three consecutive occasions within 12 months; or

• Foods that are manufactured in facilities, which apply one of the quality control systems: GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000 or equivalent.

An increased level of inspection (“Tightened Inspection”) is applied in the following circumstances:

• Foods that fail a previous inspection;

• Foods that fail any State inspection; or

• There is a warning from the MOH, MARD, MOIT, provincial People’s Committee or an offshore competent authority or from the manufacturer.

Inspection

Decree 15 revises inspection methods for imported food.

Simplified Inspection

During the customs process, the owner of a shipment must submit a dossier, which includes the following documents:

(i)         Self-announcement of the product;

(ii)        Three consecutive notices that the product being imported has satisfied importation requirements under regular inspection, or a legalized copy of a valid GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000 Certificate or equivalent; and

(iii)       Certificate of satisfaction of food safety regulations, issued by a competent authority of the exporting country.

Customs may randomly inspect 5% of a shipment.

Regular Inspection

After a shipment arrives at customs, the owner of the shipment must submit a dossier either to the state inspector or online. The dossier must include the following documents:

(i)         Self-announcement of the product;

(ii)        Inspection application using the form provided in Decree 15;

(iii)       Packing list;

(iv)       Three consecutive notices that the product being imported has satisfied importation requirements under tightened inspection, for those products that are switching from tightened inspection to regular inspection.

Within three business days, the state inspector will examine the dossier and issue a notice that the foods satisfy or do not satisfy the importation requirements. The owner of the qualifying shipments will submit a notice that the foods satisfy importation requirements to customs .

Tightened Inspection

Tightened inspection requires the same dossier as regular inspection but the inspection period is seven days instead of three days. During the inspection period, the state inspector will sample and inspect the samples in accordance with the food safety criteria.

Foods that fail to meet importation requirements must be handled using the methods provided in Decree 15, namely re-export, disposal or repurposing with the buyer. The result of handling such shipments must be submitted to the state inspector.

The competent authority in Vietnam may plan and co-operate with the competent authority of the exporting country in order to inspect the food safety control system in the exporting country and local facilities which manufacture and export foods to Vietnam.

Export Requirements

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

In practice, an overseas buyer usually asks whether the food exporter is in compliance with International Standardization Organization (“ISO”) provisions. Further, the food products must follow HACCP which embodies international standards on hygiene and safety. The principle of HACCP is to define and isolate critical points in the process that may pose a food safety hazard. Processors are responsible for producing safe, marketable food, and food exporters are responsible to provide safe food in accordance with HACCP.

In addition, an overseas buyer may require a Certificate of Free Sale (“CFS”) issued by the MOH for food products intended for export. If so, the food exporter must apply for the CFS from the MOH. The conditions are provided in Circular 52.^[3] An exporter must submit an application dossier to the MOH. The application dossier includes an application using the form provided in Annex 4 of Circular 52 and the Receipt of Product Announcement.[4] The CFS is issued to the exporter after five business days following receipt of the completed dossier. If the CFS is denied, a written response with the reason for denial must be issued. A CFS is effective for two years from the date of issuance. It cannot exceed the expiration date of the receipt of the announcement of products. Export requirements that relate to foods are generally the same as those discussed in the section entitled “IMPORT REQUIREMENTS.”

Aquatic Products

Government Decree 59/2005/ND-CP dated 4 May 2005 on Conditions of Manufacture and the Business of a Number of Aquatic Professions (“Decree 59”)^[5] gives the MARD,^[6] along with other ministries, bodies, and provincial people’s committees, the responsibility to organize the inspection and examination of aquatic business activities and to resolve violations.^[7]  The term, “Aquatic products” includes aquatic animals and plants, aquatic animal and plant products, feed for aquatic and marine life, aquatic plant protection products (e.g. chemicals), veterinary medicines for aquatic life, fishing nets, and other gear. 

Entities involved in trading or producing aquatic products are subject to regulations on inspection and certification to assure compliance with standards of food safety and hygiene.

To be more specific, the following subjects must be inspected:

• Initial manufacturing premises of aquatic products according to its enterprise registration certificate or investment certificate;[8]

• Fishing vessels with a main engine of at least 90 CV;[9]

• Purchasing, preliminary processing, processing, and/or trading premises of aquatic products;[10]

• Manufacturing and trading premises of aquatic products for export^[11]

      (hereinafter referred to as a “Fishery Aquatic Establishment”);

• A lot in which aquatic foods are subject to inspection and certification of quality and food safety.^[12]

Inspection and Certification of Fishery Aquatic Establishments

Local inspection and certification bodies, along with the National Agro-Forestry-Aquatic Quality Assurance Department are responsible for inspecting and certifying establishments.^[13] There are three types of inspection for Fishery Aquatic Establishments: inspection for classification, periodic inspection, and unscheduled inspection.^[14] With respect to manufacturing and trading premises of aquatic products for export, there are examination process for certification and two types of inspection, including post-certification inspection and unscheduled inspection.[15] Every separate fishery aquatic establishment that is approved for food hygiene and safety standards under inspection for classification is entitled to a certificate of food safety with a 3-year-term.^[16] A manufacturing and trading premise of aquatic products for export that is approved for hygiene and safety standards under the examination process is entitled to an approval code attached to a certificate of food safety with a 3-year-term.[17]

A Fishery Aquatic Establishment under Article 2.3 of Circular 45 which satisfies all food hygiene and safety standards, but which has several minor failures not seriously affecting food safety and quality will be given a ”pass”.^[18] An establishment that does not satisfy food hygiene and safety standards will be given a “fail” grade.^[19] A failed Fishery Aquatic Establishment will be re-inspected. A certificate on satisfaction of food hygiene and safety standards and a business registration certificate may be withdrawn, and the establishment may receive an administrative penalty if it fails to satisfy conditions upon re-inspection. 

Grades of A, B, or C are given to establishments under Article 8 of Circular 45. Grade A means that the establishment satisfies all food hygiene and safety standards. Grade B establishments satisfy food hygiene and safety standards, but have some minor failures. Grade C establishments do not satisfy food hygiene and safety standards. Only grade A or grade B establishments meet food hygiene and safety standards.^[20]

State Inspection and Certification of Aquatic Products Quality

Aquatic products, whether produced for domestic consumption, export, or import, are subject to regulations which apply to inspection and certification of food hygiene and safety.^[21] This inspection is made per lot of aquatic products and a certificate of aquatic products quality will be granted per lot. A single Health Certificate is granted to each lot of aquatic products for export.^[22] There are no regulations on the quantity and size of containers for aquatic products.

Grounds for inspection and certification of aquatic products are as follows:

• The inspection and certification of aquatic products produced for domestic consumption are based on technical regulations on food hygiene and safety issued by the MARD and other ministries and offices; and are also based on the quality announcement of food business operators (“FBOs”).

• The inspection and certification of aquatic products for export to certain markets that MARD monitors and so require periodic inspection for management purposes; the inspection and certification of aquatic products imported for processing, and of aquatic products recalled or returned from foreign countries are based on technical regulations on food hygiene and safety issued by MARD and other ministries and offices.

• The inspection and certification of aquatic products for export to markets which require food hygiene and safety inspection and certification conducted by the competent authorities are based on food hygiene and safety regulations issued or approved by importing countries.

The following authorities are responsible for the hygiene, safety inspection, and certification of aquatic products:

• Division on Agro-Forestry-Fisheries Quality Assurance or authorities which are assigned by the Department of Agriculture and Rural Development to control the quality, hygiene, and safety of aquatic products before they are put into circulation for domestic consumption. In addition, the Agro-Forestry-Fisheries Quality Assurance Department may conduct unannounced inspections as assigned by the MARD.^[23]

• Authorities under the control of the National Agro-Forestry-Fisheries Quality Assurance Department inspect and certify the quality, hygiene, and safety of aquatic products for export and aquatic products recalled or returned from foreign countries. In the case of aquatic products imported for processing, these tasks are carried out by authorized persons of the Department of Animal Health.^[24]

With respect to aquatic products for export, the FBOs must register for inspection by sending a dossier for food hygiene and safety inspection registration to inspecting bodies in person, via postal mail, email, fax (filing of an original dossier afterward), or online.^[25] After on-site inspection, the inspectors grant a health certificate for each lot of the FBOs that fulfills compulsory requirements.

Announcement of Quality Standards of Specialty Aquatic Products

There are separate regulations for specialty aquatic products, called Temporary Regulations on Announcing Quality Standards of Specialty Aquatic Products. These temporary regulations were issued in connection with Decision 425/2001/QD-BTS of the Minister of Aquatic Products dated 25 May 2001 (“Decision 425”). This Decision was abrogated by Decision 1149/QD-BNN-PC by MARD dated 23 April 2009. According to Decision 425, the Regulations stipulated that aquatic animals 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. Currently, detailed implementing regulations on announcing quality standards for specialty aquatic products are provided in various MARD legislation. For example, MARD Circular 26/2013/TT-BNNPTNT dated 22 May 2013 on Aquatic Breed Management requires producers to announce quality standards of locally-produced aquatic breeds. Importers or distributors must register for inspection of quality of imported aquatic breeds.  

Safety and Quality Requirements for Aquatic Products for Export

The value of aquatic products exported by Vietnam has risen steadily. Vietnam is a prominent supplier. The Government believes it is important that proper standards be maintained to ensure confidence in aquatic products that come from Vietnam.

In fact, establishments that export aquatic products must strictly comply with Vietnamese regulations on food hygiene safety and specific standards applicable to aquatic products. They must also comply with the requirements of the importing countries.^[26]

Like any food products, aquatic products should conform to HACCP. In addition, exported aquatic products must be sanitary.  This requires an exporter to follow 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 close relationship between HACCP and GMP, inasmuch as GMP is considered to be a prerequisite to HACCP.  Without GMP, the risks are greater.

Vietnamese exporters must also establish their own quality control system to conform to international criteria and/or the requirements of the importing countries. Aquatic products for export are subject to Circular 48.^[27] The Government has taken that step to encourage aquatic products exporters voluntarily to adopt HACCP, GMP, and other international criteria.

Enforcement

All organizations and individuals have the right to file a complaint regarding any violation that relates to the quality of food products.^[28] They may make a complaint regarding food safety, such as wrong-doing by a government official responsible for implementing or enforcing the laws and regulations on the quality of food products.^[29] The authorities must respond to such complaints.^[30]

All individuals and organizations, including foreign individuals and organizations, that commit an administrative violation that relates to the quality of goods will be sanctioned.^[31] The Civil Code states that: “individuals, legal persons, etc. that are producers or that do business without ensuring the quality standards of goods and that injure any consumer must compensate” the consumer.^[32] Inspectors who specialize in technology and science (such as inspectors (persons  who are assigned the inspection task and are on duty), Chief Inspectors and Head of a delegation of inspection of the Department of Science and Technology, Head of a delegation of inspection of the General Department of Standards, Metrology and Quality, Chief Inspectors and Head of a delegation of inspection of the MOST, Manager of the General Department of Standards, Metrology and Quality), presidents of People’s Committees, the police, the Customs Department, market management agencies, the border guards, coast guards and certain specific inspection agencies have the right to deal with administrative violations.^[33] Once a violation has been discovered, the law gives the government much flexibility in the form and scale of punishment.^[34] 

Depending on the nature and severity of violations which involve standards, measurements, and quality, an organization or individual may be subject to one or more specific types of sanctions. One such sanction is cancellation of the right to use certificates of conforming technical specifications; certificates on satisfaction of business conditions; inspection certificates; and so on.^[35]

Administrative violators may be subject to the following remedies: recovery of sums of money illegally gained from the commission of administrative violations, recall of products or goods or recall of measuring devices that violate standards, and so on.^[36] Also, products or goods must be destroyed if they are not safe for humans, animals, plants, and the environment.^[37]

Enforcement agencies are given guidance on which sanctions to impose and on how large a fine should be.^[38] Generally, the maximum fine for violation of measurements is VND100 million for an individual and VND200 million for an organization. The maximum fine for violation of standards or quality of products and goods is VND150 million for an individual, and VND300 million for an organization^[39]. There are some exceptions.   

The regulations do list extenuating and aggravating circumstances, as well as situations where sanctions are not to be applied. Such regulations are general and refer to violations of many laws, not just to violations related to food.

Extenuating circumstances include:^[40]

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

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

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

• The violation is committed beyond the legitimate defense limit or beyond requirements of an urgent circumstance;

• The violation is caused by coercion or force;

• The violating party is a pregnant woman, an old or sick person, a diseased person or a disabled person which limits his awareness or control over his actions;

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

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

Aggravating circumstances include:^[41]

• Organized violations;

• Repeated and/or extensive violations;

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

• Utilizing someone who is mentally ill or who has impaired cognitive abilities, or impaired ability to control his or her behavior;

• Abusive conduct and defamatory actions toward a person who is on duty;

• Undertakes administrative violations with hooligans;

• The offender abuses a position of power in committing the violation;

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

• An 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 is subject to an administrative penalty;

• The offender attempts to evade responsibility for or conceals the violation;

• Violations are large in scale or in value; and

• Violations affect a large number of people, children, the elderly, the disabled, or pregnant women.

Situations where no sanction should be applied include:^[42]

• Where the offender committed a violation due to urgent circumstances, legitimate defense purposes, unexpected events, unforeseen contingencies;

• The offender suffers from a mental or other disease that is confirmed by a medical agency and which causes him or her to lose awareness or behavioral control; or he is under 14 years old so that he has not attained the age for being administratively sanctioned.^[43]

Within seven days (or 30 days for complicated cases) the relevant government agency will issue a decision on how to handle the violation.^[44]

An injured party may demand compensation by filing suit with the Civil Division of the People’s Court under the Civil Procedure Code. 

Moreover, individuals who violate regulations on food safety and hygiene may have penal liability. Penalties imposed on offenders under the new Penal Code will be stricter than those in the 1999 Penal Code. The crimes related to food safety and hygiene, under the new Penal Code, are diverse and include the use of banned substances to manufacture or preserve food products; sale of food products with the knowledge that they contain banned substances; manufacturing and trading chemicals, anti-bodies, veterinary medicines, plant protection preparations that are banned from use in producing salt and in the preliminary processing of agricultural, forestal, aquatic products; manufacturing and trading fake goods that are food products or food additives, etc. The penalty for each crime may be five years’ imprisonment, 10 years’ imprisonment or a life sentence. Fines may range from VND20 million to VND100 million, depending largely on the level of seriousness of the offence.

There are crimes involving manufacturing and banned trading of chemicals, anti-bodies, veterinary medicines, plant protection preparations and involving manufacturing and trading fake goods that are food products or food additives. In such cases, traders that are entities (not only individuals) may have penal liability. Those companies can have criminal liability for breaches of regulations on food safety and hygiene is one of the remarkable changes in the new Penal Code.

Conclusion

Regulations on foods have been improved and simplified. A good example is the replacement of the complex rules regarding registration of food quality, hygiene, and safety. A regime of announced food quality, hygiene, and safety now applies. This change provides a shortened and simplified system which should not impair standards.

The rules on food continue to develop in a way that recognizes the greater sophistication of the Vietnamese food industry, consumer needs, and import, export, and processing standards. The reality is that the laws must continue to evolve. Rules that were intended to regulate the quality of goods in general are not adequate to regulate the quality of food products. There is a clear recognition of this, but, as is often the case in Vietnam, the process of change and implementation is measured, deliberate, and time-consuming.