PROVIDING FOR APPLICATIONS AND PROCEDURES FOR ISSUANCE OF CERTIFICATES TO EXPORTED FOODS UNDER MANAGEMENT OF THE MINISTRY OF HEALTH

1. This Circular provides for competence in, applications and procedures for issuance and revocation of certificates to exported foods under management of the Ministry of Health if requested by importing countries (below collectively referred to as “certificates”).

2. This Circular does not apply to the issuance of Certificates of Free Sale (CFS) for foods under management of the Ministry of Health.

This Circular applies to export shipments (a shipment may consist one or more items or one or more product shipments) or establishments producing foods for export under management of the Ministry of Health.

1. Certificates (health certificates or other relevant certificates if requested by the importing countries) are issued to food products, food additives, food processing aids; food implements, packaging and containers at the request of organizations or individuals.

2. A Certificate must be presented in English language and contain at least the following information:

a) Name of the Certificate (health certificate or other relevant certificates at the request of the importing country);

b) Name of the issuing authority;

c) Certificate number and date of issue;

d) Name of items eligible for the certificate or names of groups of food products produced by the establishment;

dd) Expiry date/best before date of the shipment of products being exported items in the case of a health certificate and other certificates related to the exported shipments;

Number and validity period of the certificate of compliance with food safety regulations or equivalent for the certificate related to the food production establishment;

e) Name and address of the exporter; production establishment;

g) According to the testing report of the shipment of exported food products, the certificate must certify that the product shipment complies with Vietnam’s applicable regulations on food safety and fits for human consumption; or the food production establishment complies with Vietnam’s applicable regulations on food safety in case the certificate of compliance with food safety regulations or equivalent remains valid;

h) Signature and seal of the competent authority.

3. In the case where an importing country requests an organization or individual to submit the certificate according the form provided for by such country, the issuing authority shall rely on the required form to issue the certificate.

An application for issuance of a certificate to 01 (one) export shipment or an establishment producing foods for export is composed of:

1. An application form, which is made using the form specified in the Appendix to this Circular;

2. A certificate of compliance with food safety regulations or one of the following certificates: Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Points (HACCP), ISO 22000 Food Safety Management System, International Food Standards (IFS), Global Standard for Food Safety (BRC), Food Safety System Certification (FSSC 22000) or equivalent which remains valid (a copy certified by the exporter), except the cases specified in clause 1 Article 12 of the Government’s Decree No. 15/2018/ND-CP dated February 02, 2015 on elaboration of some Articles of the Law on Food Safety;

3. A food safety testing report of a sample of the exported food product shipment (for health certificate and other certificates related to the exported food product shipment), fully comprising information on name of the product and the food product shipment that is issued by a designated testing laboratory or an ISO 17025 accredited testing laboratory (its original or certified true copy), the satisfaction of the requirements of the corresponding technical regulation (for the product for which a technical regulation is available) or the satisfaction of the criteria as specified in technical regulations/requirements (for the product for which a technical regulation is unavailable) under any of the following documents:

a) Circulars of ministries and central authorities; or

b) National standards (in case national technical regulations, circulars of ministries and central authorities, local technical regulations are unavailable); or

c) Standards of the Codex Alimentarius Commission (Codex), regional standards, foreign standards (in case national technical regulations, circulars of ministries and central authorities, local technical regulations, national standards are unavailable); or

d) Attached producer’s standards (in case national technical regulations, circulars of ministries and central authorities, local technical regulations, national standards, Standards of the Codex Alimentarius Commission (Codex), regional standards, foreign standards are unavailable);

4. A confirmation of payment of fess for the appraisal serving issuance of the certificate to exported foods.

In the case where an importing country requests the certificate using the country’s prescribed form that contains the information other than that specified in Article 3 of this Circular, an organization or individual shall submit relevant appropriate documents to prove such information.

1. Any organization or individual producing or trading in export shipments or establishment producing foods for export that applies for certificates shall submit an application to the Ministry of Health (the Vietnam Food Administration) via the online public service system or in person or by post to the single window system of the Ministry of Health.

2. The time limit for issuance of a certificate must not exceed 05 (five) working days from the date on which the organization or individual submits a sufficient and valid application. In case of refusal to issue a certificate or request for amendment or supplementation of the application, the application receiving authority shall send a document which clearly states the reason for its refusal or legal grounds of the request.

Within 05 (five) working days from the receipt of the amended or supplemented application, the application receiving authority shall appraise it and give a written response.

In case the organization or individual fails to amend or supplement the application within 90 days after receiving the written request, their application will no longer be valid.

3. The period of application appraisal shall begin from the time such application is submitted via the online public service system or the date displayed on the arrival stamp of the receiving authority (in case the application is submitted in person or by post to the single window system of the Ministry of Health).

4. The certificate or the document stating the refusal shall be issued in the same method by which the application is submitted.

5. The number of certificates shall be issued as requested by the exporter.

6. Components of the application must be legally valid at the time of submission.

1. An organization or individual is found to deliberately include any document which is forged or inconsistent with regulations of law in their application for issuance of certificates.

2. The certificate is issued to an export shipment of which the food items fail to satisfy the announced applicable standards and technical regulations (if any).

3. The certificate is issued to an establishment producing foods for export whose certificate of compliance with food safety regulations or equivalent is revoked.

4. The certificate is issued ultra vires.

1. The Ministry of Health (the Vietnam Food Administration) shall promulgate a document on certificate revocation and send it to the exporter that has been issued the certificate; concurrently post the information on the invalidation of such certificate on its website and send a notice thereof to the customs office; the certificate shall cease to have effect from the date on which the competent authority issues a document on revocation.

2. Within 05 (five) working days, the certificate holder shall return the issued certificate to the Ministry of Health (the Vietnam Food Administration).

Organizations and individuals have the following rights and obligations:

1. Have their export shipments or establishments producing foods for export issued with certificates by competent state authorities as requested by importing countries.

2. Ensure the authenticity and take total responsibility to the law for the declared information and documents in their applications for issuance of certificates.

3. Pay fees for appraisal of applications for issuance of certificates in accordance with prevailing regulations.

1. Organize the receipt of applications, issuance and revocation of certificates as prescribe din Articles 5, 6 and 7 of this Circular.

2. Organize the management and collection of fees for issuance of certificates as prescribed by law.

1. This Circular comes into force from March 07, 2025.

2. The Circular No. 52/2015/TT-BYT dated December 21, 2015 of the Minister of Health prescribing state inspection of food safety of imported foods, applications and procedures for issuance of certificates to exported foods under management of the Ministry of Health, and ordinal number 1 Part B Appendix 6 to the Circular No. 29/2020/TT-BYT dated December 31, 2020 of the Minister of Health amending, supplementing and annulling several legislative documents promulgated or jointly promulgated by the Minister of Health shall cease to have effect from the effective date of this Circular.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Health (the Vietnam Food Administration) for consideration and resolution./.