Amendments to the Food Safety Law: Emphasizing the Responsibilities of Regulatory Agencies and Food Businesses

Some Existing Issues and Challenges

According to the Ministry of Health, after 15 years of implementation, the Food Safety Law has met the requirements for state management of food. However, practical implementation has shown that some provisions of the Food Safety Law are no longer aligned with management requirements, creating certain obstacles that hinder food production and business operations and adversely affect consumer rights, specifically:

The requirement that pre-packaged processed food products must register a declaration of conformity with the competent state agency before being distributed on the market is inconsistent with the approach to food safety management. However, since food is a special product category characterized by great diversity in form and type, neither regulatory agencies in Vietnam nor international bodies such as the Codex Alimentarius Commission (CODEX), have been unable to issue comprehensive standards for all pre-packaged processed food products; instead, they have only established technical standards for specific food subcategories, such as dairy products, foods for special dietary uses, etc. Therefore, mandating conformity declaration for all pre-packaged processed foods is not feasible.

Manufacturers of high-risk food groups require strict monitoring, such as: medical nutrition products, foods for special dietary uses, nutritional products for children up to 36 months of age, health-protective foods, and dietary supplements—currently do not have mandatory requirements for a Certificate of Facility Compliance with Food Safety Standards meeting Good Manufacturing Practice (GMP) requirements.

There are no comprehensive regulations regarding the revocation of licenses in the food safety sector, particularly in cases involving product registration based on falsified, forged or fraudulent documents, counterfeit goods, or products containing prohibited substances. Furthermore, there are no regulations establishing data interoperability with national and sector-specific databases to enable online management of market authorization, product registration, declaration of applicable standards, exports, imports, and traceability, as well as inspections, examinations, and supervision of food and food ingredients.

The 2010 Food Safety Law only stipulates the rights and obligations of organizations and individuals involved in food production and distribution, but does not address the rights and obligations of organizations and individuals named as the declarants of products. This creates difficulties for regulatory agencies in the process of controlling, inspecting, and verifying products circulating in the market.

There are no regulations governing the management, identification, and traceability of food, food ingredients, food additives, food processing aids, food contact materials, and materials in direct contact with food circulating in the market based on the outer packaging labels of food products, such as barcodes and QR codes...

According to the Ministry of Health, amending the Food Safety Law to align with the Party’s guidelines and policies, as well as to address practical challenges that have arisen, is essential; to define and emphasize the responsibilities of regulatory agencies and food businesses, and to enhance the effectiveness of ensuring food quality and safety.

Strengthen post-inspection measures to enhance the effectiveness and efficiency of enforcing food safety laws and regulations and to improve food quality; continue to reform administrative procedures, decentralize authority, and delegate powers in food management activities to ensure consumer rights and facilitate the public and businesses.

Food is inspected and monitored throughout its circulation in the market

The draft law adds principles for food safety management; clarifies food management along the supply chain, food management measures, establishes a single point of contact for state management of food safety, and provides for management based on a unified food safety database linking central and local levels, specifically:

Ensuring food safety is the responsibility of all organizations and individuals engaged in the food business.

Food business operations are subject to specific conditions; organizations and individuals engaged in food business operations must be responsible for the safety of the food they sell.

Food safety management along the supply chain is implemented throughout the entire food business process—from primary production, cultivation, livestock farming, harvesting, fishing, harvesting, slaughtering, processing, distribution, and circulation in the market, all the way to the consumer. This is based on a risk analysis of each stage of the food supply chain to meet traceability requirements and ensure food safety for the public.

Food is inspected and monitored throughout its distribution in the market. For certain food categories that require product registration and the declaration of applicable standards prior to market circulation, the standards declared by the producing organizations or individuals must not be lower than the corresponding technical regulations.

Food safety management ensures a unified point of responsibility based on clear division of labor, delegation of authority, and interagency coordination; food safety management must meet the requirements of socioeconomic development; food safety management is based on the development, operation, maintenance, and use of a food safety information system.

Prohibited Acts

In the draft, the Ministry of Health proposes adding several prohibited acts, such as: Advertising medical nutritional foods; nutritional products intended for children up to 36 months of age; using images, equipment, attire, names, or the reputation of healthcare facilities, medical institutions, or healthcare workers, as well as patient testimonials, statements, or writings by healthcare workers to advertise food products. Specifically, the draft proposes the following strictly prohibited acts:

Using ingredients not intended for food to produce food; using food ingredients that are past their expiration date, of unknown origin or source, or unsafe for food production.

Using food additives, food processing aids, or food flavorings that are not on the approved list, or that are on the approved list but exceed permitted limits; using chemicals of unknown origin or that do not meet safety standards; using chemicals prohibited in food business operations.

Using animals that have died from disease, epidemics, or for unknown causes, or animals subject to mandatory destruction; or using plants containing pesticide residues, heavy metals, or mycotoxins exceeding permitted limits as ingredients for food business operations.

Engaging in business activities that fall under any of the following circumstances: Food that has not been registered or had its applicable standards declared, except in cases where such registration or declaration is not required by law; food that violates legal provisions regarding product labeling; food that does not conform to the applicable standards of the corresponding manufacturer; spoiled food; counterfeit food or food that does not ensure safety; food containing prohibited substances, toxins, or contaminants exceeding permissible limits; food with packaging or containers that are unsafe or have broken, torn, or deformed during transportation, resulting in food contamination; food that is prohibited from being sold for the purpose of disease prevention and control; food of unknown origin or expiration date.

Using vehicles that contaminate food, or vehicles that have transported hazardous substances and have not been decontaminated, disinfected, or sanitized, to transport food or food ingredients.

Providing false or falsified food test results; concealing, distorting, or destroying the scene or evidence of a food safety incident; or engaging in other intentional acts that obstruct the detection or resolution of food safety incidents.

Engaging in food business operations while suffering from an infectious disease as defined by law.

Operating a food business at a facility that does not hold a certificate of food safety compliance as required by law, or during a period of suspension of operations, or during a period when the right to use the certificate of food safety compliance has been revoked, or operating outside the scope of expertise specified in the certificate of food safety certification.

Using images, equipment, uniforms, names, titles, statements, or writings of medical units, healthcare facilities, or healthcare workers, as well as patients’ opinions, to advertise food.

It is prohibited to advertise medical nutrition foods or nutritional products intended for children up to 36 months of age.

Posting or publishing misleading information about food safety that causes harm to other businesses or consumers during business operations.

The unauthorized use of roadways, sidewalks, hallways, common courtyards, common walkways, and common auxiliary areas for street food vending is prohibited.

Readers are invited to view the full text of the draft and submit comments here./.