In the current business market, businesses need to ensure some requirements on conditional business lines. For example, the food business has a Certificate of Food Safety Eligibility. The food industry has been a concern for many individuals and businesses, because it directly affects human health when these products do not meet food safety conditions. Every food product that the enterprise produces and does business must ensure food safety eligibility and take responsibility for the product itself. And this is legally reconciled by regulating the publication of products.
Concept
- Product disclosure is the organization and individual of food production and business that self-announces food:
- Pre-packaged processed
- Food additives
- Food processing aids
- Food containers, packaging materials in direct contact with food.
- Product declaration registration means that food production and trading organizations and individuals must register product disclosures for products:
- Health-protecting foods, medical nutrition foods, special dietary foods.
- Nutritional products for babies up to 36 months of age.
- Mixed food additives have new uses, food additives that are not in the category of additives allowed to be used in food or not the right objects of use prescribed by the Ministry of Health.
- Thus, according to the regulations, depending on the case, the enterprise must carry out the procedure of product disclosure or registration of product disclosure according to the concept stated in the above concept.
How to look up product statement paper
Depending on the type and form of product disclosure, there will be different look up addresses, some of which look up the published records that NPLaw compiles with the instructions for looking up product declaration papers:
- Self-publishing website in Ho Chi Minh City: http://bqlattp.hochiminhcity.gov.vn/
Step 1: Go to the Food Safety Management Page of Ho Chi Minh City by http://bqlattp.hochiminhcity.gov.vn/ link
Step 2: In the "Look up information" section, click "LIST OF SELF-PUBLISHED ENTERPRISE PRODUCTS"
Step 3: Enter the keywords to find and click "Find"
- Website look up product disclosure registration: https://nghidinh15.vfa.gov.vn/
Step 1: Go to the Food Safety Department page - Ministry of Health at the link https://nghidinh15.vfa.gov.vn/
Step 2: In the "LOOKUP" section click "PRODUCT DISCLOSURE APPLICATION"
Step 3: Enter the keywords to find and click "Search"
Process and procedures for product disclosure
a) Profile composition
- Product self-publishing profiles:
- Product self-publishing
- Business license
- Certificate of food safety eligibility
- Test results slip
- Application for receipt of product disclosure:
- Product disclosure registration
- Business license
- Certificate of food safety eligibility
- Test results slip
- Instructions for use, documents proving their use
- Another requirement depending on the specific product
b) Order of execution
Enterprises shall prepare complete dossiers and submit them by post or directly to competent state management agencies appointed by the People's Committees of provinces or centrally-affiliated cities for record-keeping dossiers for product self-declaration dossiers
The enterprise shall prepare the full dossier and dossier of registration of the product disclosure via the online public service system or the post office or submit it directly to the receiving agency at:
Submit to the Ministry of Health for health-protecting foods, mixed food additives with new uses, food additives not yet in the list of additives allowed for use in food prescribed by the Minister of Health;
Submit to the competent state management agency appointed by the provincial-level People's Committee for medical nutritional foods, hot food for special diets, nutritional products for children up to 36 months of age;
c) Implementation time
- Product self-disclosure paper: 01-05 days
- Application for receipt of product disclosure: 15-20 days
The time does not include the construction of records, up the target of product testing
Importance of product disclosure to public
According to the provisions of the law on violations of product disclosure as follows:
"Article 20. Violation of regulations on product self-disclosure
1. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed for one of the following acts:
a) Failing to notify, post or list self-published copies of products in accordance with law;
b) Failing to submit a self-publishing copy of the product to a competent state agency in accordance with law;
c) Failing to keep records of self-published products in accordance with law;
d) Documents in foreign languages in the dossier of self-declaration of products are not translated into Vietnamese and are notarized as prescribed.
2. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for one of the following acts on the use of test results slips for self-declaration of products:
a) Use of expired test results slips;
b) The test results are not sufficient in accordance with the food safety criteria as prescribed by law;
c) The test results slip has at least one of the food safety indicators that are inconsistent with the corresponding standards or standards or inconsistent with the provisions of law;
d) Test results form issued by the laboratory is not designated or not recognized in accordance with ISO 17025;
dd) The test result slip is not the original or certified copy.
3. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for one of the following acts:
a) Producing or importing products subject to self-declaration of products with at least one of the food safety indicators inconsistent with the level specified in the respective regulations, standards and regulations of law or the level of publication or the level stated on the label for products without product self-declarations;
b) The contents of self-published food safety requirements are inconsistent with the corresponding standards or standards or inconsistent with the provisions of law.
4. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed for one of the following acts:
a) Producing or importing products subject to self-declaration of products without self-declaration of products as prescribed by law;
b) Self-publishing products for products subject to registration of product declarations in accordance with law.
5. Additional sanctions:
Suspension of part or all of food production and import activities from 01 month to 03 months for violations specified in Clauses 3 and 4 of this Article.
6. Remedial measures:
a) Forced food recall for violations specified in Clauses 2, 3 and 4 of this Article;
b) Forcing changes in the purpose of use or recycling or forcing the destruction of food for violations specified in Point a Clause 3 and Point a Clause 4 of this Article;
c) Forced recall of product self-declaration for violations specified in Clause 2, Point b Clause 3 and Point b Clause 4 of this Article.
Article 21. Violation of regulations on registration of product declarations
1. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for one of the following acts:
a) Producing or importing products subject to product publication registration with at least one of the food safety indicators inconsistent with the level specified in the respective regulations, standards and regulations of law or the level of publication or the level stated on the label for products without the certificate of receipt of registration of product declarations;
b) Producing or importing health-protective food products with at least one of the main quality indicators that make up the use of the product that does not conform to the published level or the level stated on the label for products without the certificate of receipt of registration of the product declaration but not to the point of being counterfeit as prescribed by law.
2. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed for failing to register a product declaration in accordance with law in the production or import of products subject to product declaration registration or production or import of products subject to product declaration registration without a Certificate of receipt of product declaration registration according to The law.
3. Additional sanctions:
Suspension of part or all of food production and import activities from 01 month to 03 months for violations specified in Clause 2 of this Article.
4. Remedial measures:
a) Forced food recall for violations specified in this Article;
b) Forcing a change in the purpose of use or recycling; or forced food destruction for violations specified in Clauses 1 and 2 of this Article."
To avoid being fined for the main violations in the above cases, or the enterprise does not know the product targets that need to be tested, cumbersome procedures affecting the time of business operation, it is necessary to go through a unit with many years of experience and understand the problems that the business is facing.
