Circular No. 15/2024/TT-BYT

CIRCULAR

PROMULGATING THE LIST OF FOODS, FOOD ADDITIVES AND FOOD CONTAINERS, PACKAGING MATERIALS IN DIRECT CONTACT WITH FOOD FOR WHICH COMMODITY CODES HAVE BEEN DETERMINED UNDER THE VIETNAM LIST OF EXPORTED AND IMPORTED GOODS SUBJECT TO STATE INSPECTION OF FOOD SAFETY FOR IMPORTS UNDER THE MANAGEMENT OF THE MINISTRY OF HEALTH

Pursuant to the Law on Food Safety dated June 17, 2010;

Pursuant to the Customs Law dated June 23, 2014;

Pursuant to the Government's Decree No. 08/2015/ND-CP dated January 21, 2015 detailing and providing measures for implementing the Customs Law on customs procedures, inspection, supervision and control;

Pursuant to the Government's Decree No. 59/2018/ND-CP dated April 20, 2018 amending and supplementing a number of articles of Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government detailing and providing measures for implementing the Customs Law on customs procedures, inspection, supervision and control;

Pursuant to the Government's Decree No. 15/2018/ND-CP dated February 02, 2018 detailing the implementation of a number of articles of the Law on Food Safety;

Pursuant to the Government's Decree No. 95/2022/ND-CP dated November 15, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the proposal of the Director General of the Food Safety Department;

The Minister of Health promulgates the Circular promulgating the List of foods, food additives and food containers, packaging materials in direct contact with food for which commodity codes have been determined under the Vietnam List of exported and imported goods subject to state inspection of food safety for imports under the management of the Ministry of Health.

Article 1. Scope of regulation

This Circular promulgates the List and the principles for application of the List of foods, food additives and food containers, packaging materials in direct contact with food for which commodity codes have been determined under the Vietnam List of exported and imported goods, issued together with Circular No. 31/2022/TT-BTC dated June 08, 2022 of the Minister of Finance promulgating the Vietnam List of exported and imported goods subject to state inspection of food safety for imports under the management of the Ministry of Health (hereinafter referred to as the List).

Article 2. Promulgation of the List

To promulgate, together with this Circular, the List of foods, food additives and food containers, packaging materials in direct contact with food for which commodity codes have been determined under the Vietnam List of exported and imported goods subject to state inspection of food safety for imports under the management of the Ministry of Health.

Article 3. Principles for application of the List

1. In case of discrepancy or inconsistency in the classification and determination of commodity codes for goods on the List promulgated together with this Circular, the determination of commodity codes shall be carried out in accordance with the law on customs.

2. For foods, food additives and food containers, packaging materials in direct contact with food that have not been listed and for which commodity codes have not been determined on the List promulgated together with this Circular, the determination of commodity codes shall be carried out in accordance with the law on customs. After customs clearance, exporting and importing organizations and individuals shall send a written document to the Ministry of Health (Food Safety Department) as a basis for coordinating with the Ministry of Finance to consider, unify, update and promulgate an additional List.

3. The state inspection of food safety for imported goods under the management responsibility of the Ministry of Health as prescribed in Article 37 of the Government's Decree No. 15/2018/ND-CP dated February 02, 2018 detailing the implementation of a number of articles of the Law on Food Safety shall be carried out as follows:

a) For goods named on the List: implementation shall comply with Article 40 of the Law on Food Safety and Article 16 of the Government's Decree No. 15/2018/ND-CP dated February 02, 2018 detailing the implementation of a number of articles of the Law on Food Safety.

b) For goods not on the List but that failed inspections or examinations (if any), or that were subject to a warning from the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, the People's Committees of provinces and centrally run cities, or from a competent foreign authority or the manufacturer: the strict inspection method prescribed at points b and c, Clause 3, Article 17 of the Government's Decree No. 15/2018/ND-CP dated February 02, 2018 detailing the implementation of a number of articles of the Law on Food Safety shall apply. The competent authority under the Ministry of Health shall be responsible for notifying the customs authority of the time of applying and ceasing the application of the strict inspection method for such cases.

4. The following imported foods are exempt from, or not subject to, state inspection of food safety:

a) Goods named on the List but falling into one of the cases prescribed in Article 13 of the Government's Decree No. 15/2018/ND-CP dated February 02, 2018 detailing the implementation of a number of articles of the Law on Food Safety (except cases with food safety warnings);

b) Goods named on the List but not intended for use as food, food additives, or food processing aids;

c) Goods that are containers or packaging materials named on the List but that do not contain and are not in direct contact with food;

d) Goods not on the List, except for the case prescribed at point b, Clause 3, Article 2 of this Circular.

5. For a mixed food additive whose composition includes two (02) or more food additives named on the List, the HS code of the goods shall be determined according to the six (06) General Rules for the Interpretation of the Classification of Goods promulgated together with Circular No. 31/2022/TT-BTC dated June 08, 2022 of the Minister of Finance promulgating the Vietnam List of exported and imported goods.

Article 4. Reference provisions

In case the legal documents and regulations referenced in this Circular are amended, supplemented or replaced, the new legal documents shall apply.

Article 5. Effect

1. This Circular takes effect from November 02, 2024.

2. Circular No. 28/2021/TT-BYT dated December 20, 2021 of the Minister of Health promulgating the List of foods, food additives and food containers, packaging and containment materials for which commodity codes have been determined under the Vietnam List of exported and imported goods for use in state inspection of food safety for imported foods shall cease to be effective from the effective date of this Circular.

Article 6. Implementation responsibility

The Director General of the Food Safety Department; heads of units under and attached to the Ministry of Health; directors of provincial and centrally run city Departments of Health and Departments of Food Safety; heads of food safety management agencies under the People's Committees of provinces and centrally run cities; heads of health agencies of ministries and sectors; and relevant agencies, organizations and individuals shall be responsible for implementing this Circular.

In the course of implementation, if any difficulties or problems arise, agencies, organizations and individuals shall report them to the Ministry of Health (Food Safety Department) for consideration and settlement.

LIST

OF FOODS, FOOD ADDITIVES AND FOOD CONTAINERS, PACKAGING MATERIALS IN DIRECT CONTACT WITH FOOD FOR WHICH COMMODITY CODES HAVE BEEN DETERMINED UNDER THE VIETNAM LIST OF EXPORTED AND IMPORTED GOODS SUBJECT TO STATE INSPECTION OF FOOD SAFETY FOR IMPORTS UNDER THE MANAGEMENT OF THE MINISTRY OF HEALTH (issued together with Circular No. 15/2024/TT-BYT dated September 19, 2024)