1The Government Decree No38/2012/N -CP:Regulating in detail the implementation of a 
number of articles of the Law on Food Safety 
THE GOVERNMENT
_______
No:38/2012/N -CPTHE SOCIALIST REPUBLIC OF VIETNAM
Independence –Freedom –Happiness
______________ __
Ha Noi, 25thApril 2012
DECREE
Regulating in detail the implementation of
a number of articles of the Law on Food Safety
_______
Pursuant to the Law on Government Organ isationdated 25December 2001;
Pursuant to the Law on Food Safety dated 17June 2010; 
Pursuant to the Law on Standards and Regulated Technical Standards dated 29June 2006 ;
Pursuant to the Law on Quality of Products and Goods dated 21November 2007 ;
At the proposal bythe Minister of Public Health ,
The Government promulgates the De cree regulating in detail the implementation of a number of 
articles of the Law on Food Safety . 
Chapter I
GENERAL PROVISIONS
Article 1. Governing Scope 
This decree regulates in detail the implementation of a number of articles of the L aw on Food 
Safety ,including the provisions for : 
1.Announcement of conformity or announcement of compliance to regulations on food safet y.
2.Safety requirements for geneticall y mo dified foods. 
3.Granting and revoking Certificates of satisfaction of food safety requirem ents for food 
establishments. 
4.Stateinspection on food safety ofimported and exported foods.25.Labellingof food s.
6.Assignment of responsibilities for state management of food safet y: 
a)Responsibilities for state management of food safety bythe Ministry of Public Health ; 
b)Responsibilities for state management of food safety bythe Ministry of Agr iculture and 
Rural Development;
c)Responsibilities for state management of food safet ybythe Ministr y of Industry and 
Trade ;
d)Responsibilities f or state management of food safety bythe People ’s Committees at all 
government levels. 
e)Coordination among line m inistries in implementing functions of state management of 
food safet y. 
7.Sector -speci fic speci alisedinspection on food safety.
Article 2. Applicable Entities
Thisdecree applies to Vietnamese agencies , org anisations, andindividuals ;foreign individuals, 
and organ isations operat ingin Vietnam that engageintheproduction and trading of foods ; 
organisations ,and individuals that engage in activities related to food safety in Vietnam
(hereinafter referred to as organ isations ,and individuals).
Chapter II
ANNOUNCEMENT SOF CONFORMITY TO REGULATED TECHNICAL 
STANDARDS AND ANNOUNCEMENT SOF COMPLIANCE WITH FOOD SAFETY 
REGULATIONS
Article 3. Announcement sof conformity to regulated technical standards and
announcement sof compliance with food safety regulations
1.Pre-packaged processed foods; food additives; substances used as food processing aids ; 
utensils, packaging materials ,andfood contain ers(herei nafter referred to as products) whose
regulated technical standards have been provided for shall be announc ed to conform to those 
standards; and announcement sof conformity shall be filed with author ised government 
agencies prior to the products being put into circulation . 
2.Those p roducts whose regulated technical standards have not yet been provided for shall be 
announced to compl y with food safety regulations ,and announcement sof compliance with 
food safet y regulations shall be filed with authoris ed g overnment agencies prior to the 3products being put into circulation until relevant regulated technical standards are adopted
and come into effect . 
Article 4. Receiving announcements of conformity to regulated technical standards and 
announcement s of compliance with food safety regulations
1.The Ministry of Public Health shall be responsible for the logistics of receiving and 
managing announcement sof conformit y toregulated technical standards and announcements 
of compliance with food safety re gulations filed by organ isations, and individuals that 
manufacture and trade products including: functional foods; food additives; substances used 
as food processing aids ; pre -packaged and p rocessed imported food products; utensils, 
packaging materials , andfood containers. 
2.Provincial /Municipal Department sof Public Health shall b e responsible for the logistics of 
receiving and managing announcements of conformit y toregulated technical standards and 
announcements of compliance with food safety regulati onsfor domestically made products 
filed by the products’ manufacturers and traders located in the localities, except for the 
products stipulated in Clause 1 of this Article.
3.Within 7 business daysofreceiving adequately approp riate documents , the authorised 
government agency shall grantthe Receipt of Announcement of Conformit y to regulated 
technical standards to the application for the Announcement of Conformit y toregulated 
technical standards ,specified as Form No01ain the appendices to this Decr ee; in case of 
refusal to grant a Receipt , the author ised government agency shall explain in writing the 
reason (s)for such refusal. 
4.Within 15 business days of receiving adequately appropriate documents, the author ised 
government agency shall grant the Certificate of Announcement of Compliance with food 
safet y regulations to the application for the Announcement of Compliance with food safet y 
regulations ,specified as Form No01bin the appendices to this Decree; in case of refusal to 
granta Certificate , the author ised government agency shall explain in writing the reason(s) 
for such refusal. 
5.Within 30 business days of receiving adequately appropriate documents, the author ised 
government agency shall grant the Certificate of Announcement of Complianc e with food 
safet y regulations to the application for the Announcement of Compliance with food safet y 
regulations for functional foods, and foods enriched with micro -nutrients ,specified as Form 
No01b in the appendices to this Decree; in case of refusal t o granta Certificate, the 
author ised government agency shall explain in writing the reason(s) for such refusal. 
6.The a gencies that receive announcements of conformity toregulated technical standards or 
announcements of compliance with food safety regu lations shall be responsible for 
public ising, on their websites and in other mass media upon request , the products for which 
Receipts of Announcement of Conformit y toregulated technical standards or Certificates of 
Announcement of Compliance with food saf ety regulations have been adopt ed.4Periodically e verymonth, Provincial/Municipal Health Department sshall report totheMinistry 
of Public Health the results of receiving and managing announcements of conformity to
regulated technical standards and announ cements of compliance with food safet y regulations . 
Article 5. Documents required for announcement sof conformity for products whose 
regulated technical standards have been provided for
1.For an a nnouncement of conformit y based on conformit y certificati onbya designated 
certif ier(the third party) , the application shall include:
a)Announcement of conformity to regulated technical standards specified as Form No02in 
the appendices to this Decree ; 
b)Product specifications specified as Form No03a or Form 03c in the appendices to this 
Decree ( with a stamp superimposed on overlapping pages b ythethird part y); 
c)Certificate of conformity  issued b y the third party ( a notar ised copy , or a cop y
accompanied bythe original for verification ); 
d)Certifica te of conformity toHACCP standards or ISO 22000 or equivalent where the 
organisations or individuals manufacturing the product (s)have a quality control system 
that has been certified to conform to HACCP standards or ISO 22000 or equivalent ( a 
notar ised copy, or a copy accompanied bythe original for verification ). 
2.For an a nnouncement of conformity based on conformity self-assessment by organ isations,
and individuals that manufacture and tradefoods(the first party), the application shall 
include:
a)Announcement of conformity to regulated technical standards specified as Form No02 in 
the appendices to this Decree; 
b)Product specifications specified as Form No03a or F orm No03cin the appendices to this 
Decree ; 
c)Product t esting results inthe m ost recent 12 months , including the criteria required by 
relevant regulated technical standards ;issued by the following agencies: a testing lab 
designated by a n author isedgovernment agency ora recog nised independent testing lab 
(the origin alor a notar ised copy) ;ora testing lab from the country of ori ginrecogn ised 
by an author ised agency in Vietnam (the ori ginal, a notar ised copy, or a consular 
legal ised cop y). 
d)Quality control p lanthat is developed and executed based on the format specified as
Form No04in the appendices to this Decree (the first part y’s authentication ); 
)Periodic monitoring p lan (the first part y’s authentication ); 
e)Report of Conformity Assessment ( the first part y’s authentication ); 5g)Certificate of conformity toHACCP standards or ISO 22000 or equivalent where the 
organisations or individuals manuf acturing the product(s) have a quality control system 
that has been certified t o conform to HACCP st andards or ISO 22000 or equivalent (a 
notar ised copy , or a copy accompanied with the original for verification)
Article 6. Documents required for announceme ntsof compliance with food safety 
regulations for products whose regulated technical standards have not yet been provided 
for
1.For imported products (except for functional foods, and foods enriched with micro -nutrients ), 
the application shall include:
a)Announcement of compl iance with food safet y regulations specified as Form No02 in 
the appendices to this Decree ; 
b)Product specifications specified as Form No03a or F orm No03c in the appendices to this 
Decree ; 
c)Product testing results in the mos t recent 12 months , including the major quality criteria , 
and safet y criteria ; issued by the following agencies: a testing lab desig nated b y an 
author ised government agency or a recogn ised independent testing lab (the original or a 
notar ised copy ); or a testing labfrom the country of ori gin recogn ised byan author ised 
agency in Vietnam (the original, a notar ised copy , or a consular l egalised copy ). 
d)Periodic monitoring plan ( authenticated by the organ isation or individual ); 
)Sample of theproduct lab elas circulated in the country of origin andthesupplementary 
label in Vietnamese ( authenticated b y the organ isation or individual ). 
e)Sample of the finished product for products that are imported into Vietnam for the first 
time for verification when the application is filed ; 
g)Business registration certificate with a licence in food business or a certificate of legal 
entity for food import ers(copies authenticated by the organ isation or individual ); 
h)Certificate of satisfaction of food safety requirements for the i mporters that are legally 
required to be certified to satisfy food safet y requirements (copies authenticated by the 
organisation or individual ); 
i) Certificate of conformity to HACCP standards or ISO 22000 or equivalent where the 
organisations or individuals manufacturing the product(s) have a quality control system 
that has been certified t o conform to HACCP st andards or ISO 22000 or equivalent (a 
notar ised copy , or a copy accompanied with the original for verification) .
2.For domesti cally made products (except for functional foods and foods enriched with micro -
nutrients ), the application shall include:
a)Announcement of compl iance with food safet y regulations specified as Form No02 in 
the appendices to this Decree; 6b)Product spec ifications specified as Form No03a or F orm No03c in the appendices to this 
Decree; 
c)Product testing results in the most recent 12 months , including the major quality criteria, 
and safet y criteria ,issued bya testing lab designated by an author ised government agency 
or a recogn ised independent testing lab (the orig inal or a notar ised cop y);
d)Quality control plan that is developed and executed based on the format specified as
Form No04 in the appendices to this Decree ( authenticated b y the organ isation or 
individual );
)Periodic monitoring plan ( authenticated by the organ isation or individual ); 
e)Sample of the product label ( authenticated b y the organ isation or individual ). 
g)Business registration certificate with a licence in food business or a certificate of legal 
entity fororgan isationsor individual s(copies authenticated by the organ isation or 
individual ); 
h)Certificate of satisfaction of food safety requirements for the establishments that are 
legally required to be certified to satisfy food safety requirem ents (copies authenticated 
by the organ isation or individual ); 
i) Certificate of conformity to HACCP standards or ISO 22000 or equivalent where the 
organisations or individuals manufacturing the product(s) have a quality control system 
that has been cert ified t o conform to HACCP st andards or ISO 22000 or equivalent (a 
notar ised copy , or a copy accompanied with the original for verification) .
3.For imported functional foods, and imported foods enriched with micro -nutrients , the 
application shall include:
a)Announcement of compli ance with food safety regulations specified as Form No02 in 
the appendices to this Decree; 
b)Product specifications specified as Form No03b in the appendices to this Decree ( with a 
stamp superimposed on overlapping pages by the organ isation or individual); 
c)Certificate of permission to circulate ,or public health c ertificate ,or equivalent certificate 
grantedby an author ised government agency from the country of orig inverifying that the 
product is safe and whol esome for consum ers,and compli eswith food safety laws (the 
original, or a notar ised copy ,or a consular legal ised cop y); 
d)Product testing results in the most recent 12 months , including the major quality criteria, 
and safet y criteria; issued by the following age ncies: a testing lab desi gnated b y an 
author ised government agency or a recogn ised independent testing lab (the original or a 
notar ised copy ); or a testing labfrom the country of ori gin recogn ised byan author ised 
agency in Vietnam (the original, a notar ised copy , or a consular l egalised copy ). 
)Periodic monitoring plan ( authenticated by the organ isation or individual ); 7e)Sample of the product label as circulated in the country of origin and the supplementary 
label in Vietnamese ( authenticated b y the organ isation or individual ). 
g)Sample of the finished product for verification when the application is filed ; 
h)Business registration certificate with a licence in food business or a certificate of legal 
entity for food importers (copies authenticated by the organ isation or individual ); 
i)Certificate of satisfaction of food safety requirements for the importers that are legally 
required to be certified to satisfy food safet y requirements (copies authenticated by the 
organisation or individual ); 
k) Certificate of conformity to HACCP standard s or ISO 22000 or equivalent where the 
organisations or individuals manufacturing the product(s) have a quality control system 
that has been certified t o conform to HACCP st andards or ISO 22000 or equivalent (a 
notar ised copy , or a copy accompanied with th e orig inal for verification) ;
l)Scientific information and documents proving the effect (s)of each ingredient that helps 
generate the announced functions (copies authenticated b y the organ isation or 
individual ). 
4.For domestically made functional foods ,and domestically made foods enriched with micro -
nutrients , the application shall include:
a)Announcement of compl iance with food safet y regulations specified as Form No02 in 
the appendices to this Decree; 
b)Product specifications specified as Form No03bin the appendices to this Decree (with a 
stamp superimposed on overlapping pages by the organ isation or individual) ; 
c)Product testing results in the most recent 12 months , including the major quality criteria, 
and safet y criteria, issued by a test inglab designated by an author ised government agency 
or a recogn ised independent testing lab (the orig inal or a notar ised cop y); 
d)Sample of the product label ( authenticated b y the organ isation or individual );
)Sample of the finished product for verif ication when the application is filed; 
e)Business registration certificate with a licence in food business or a certificate of legal 
entity for organ isations or individuals (copies authenticated by the organ isation or 
individual ); 
g)Certificate of sati sfaction of food safety requirements for the establishments that are 
legally required to be certified to satisfy food safety requirements (copies authenticated 
by the organ isation or individual ); 
h) Certificate of confo rmity to HACCP standards or ISO 22000 or equivalent where the 
organisations or individuals manufacturing the product(s) have a quality control system 8that has been certified t o conform to HACCP standards or ISO 22000 or equivalent (a 
notar ised copy , or a copy accompanied with the original f or verification) ;
i)Scientific information and documents proving the effect(s) of each ingredient that helps 
generate the announced functions (copies authenticated b y the organ isation or 
individual );
k)Report on testing the efficiency of the food produc t’suses for products circulated in the 
market for the first time ( a notar ised cop y, or a copy accompanied with the original for 
verification ); 
l)Quality control plan that is developed and executed based on the format specified as
Form No04 in the appen dices to this Decree ( authenticated b y the organ isation or 
individual );
m)Periodic monitoring plan ( authenticated by the organ isation or individual ); 
Article 7. Filing an application for announcement of conform ity to regulated technical 
standards oranno uncement of compliance with food safety regulations
1.An application for announcement of conformity to regulated technical standards or 
announcement of compliance with food safety regulations shall be prepared as follow s: 
a)General legal do cuments , whi chshall be made into 01 book , include: 
−Business registration cert ificate with a licence in food business or a certificate of legal 
entity for organ isations or individuals (copies authenticated b y the organ isation or 
individual ); 
−Certificate of satisfact ion of food safet y requirements for the establishments that are 
legally required to be certified to satisfy food safety requirements (copies authenticated 
by the organ isation or individual ); 
−Certificate of conformity to HACCP standards or ISO 22000 or equ ivalent where the 
organisations or individuals have a quality control system that has been certified to 
conform to HACCP standards or ISO 22000 or equivalent (a notar ised copy, or a cop y 
accompanied with the original for verification).
b)Documents for an nouncement of conformit y to regulated technical standards or 
announcement of compliance with food safety regulations for the product shall be made 
into 02 books, including those documents listed in Article 5 ,and Article 6 of this Decree, 
except forthose listed in Item a of Clause 1 of this Article. 
2.The organ isation or individual that manufactures or trade stheproduct (s)shall filethe 
application for announcement of conformity to regulated technical standards or 
announcement of compliance with food s afety regulations directly with author ised 
government agenc ies under the Ministry of Public Health and Provincial/Municipal 
Depart ment sof Public Health or by mail. 93.Those food manufacturers and traders that file an application for announcement of 
confo rmity to regulated technical standards or announcement of compliance with food safety 
regulations for the second product or more shall submit only one set of general legal 
documents. 
Article 8. Re -granting Receipt sof Announcem ent of Conform ity to regulat ed technical 
standards andCertificate sof Announcem ent of Compliance with food safety regulations
1.In the absence of change sin the process of producing and processing foodsthat affect quality 
criteria ,andviolate the announced limits of food safety ,the org anisation or individual that 
manufactures or trades foods shall undertake periodic re-regist ration forAnnouncement of 
Conformit y to regulated technical standards and Announcement of Compliance with food 
safet y regulations : 
a)05 years for food pr oduct sbythose establishment s that have one of the certificates of
advanced qual itycontrol sy stems: HACCP, ISO 22000 or equivalent; 
b)03 years for food products by those establishments that do not have the afore mentioned 
certificates. 
2.Re-registrati on for Announcement of conformity to regulated technical standards and 
Announcement of compliance with food safety regulations shall be done at the same 
author ised government agency  that grant ed the Receipt of Announcement of Conformit y to 
regulated techni cal standards and Certificate of Announcement of Compliance with food 
safet y regulations for the product forthe first time. 
3.The application for re -granting Receipt of Announcement of Conformity to regulated 
technical standards orCertificate of Announ cement of Compliance with food safety 
regulations shall include: 
a)Application form for re-granting Receipt of Announcement of Conformity to regulated 
technical standards orCertificate of Announcement of Compliance with food safety 
regulations ,specifie d as Form No05 in the appendices to this Decree (authenticated b y 
the organ isation or individual ); 
b)Themost recent Recei pt of Announcement of Conformity to regulated technical 
standards or C ertificate of Announcement of Compliance with food safety reg ulations
(copy); 
c)Periodic product testing results by a recogn ised testing lab designated b y an author ised 
government agency (a notar ised copy , or a copy accompanied with the ori ginal for 
verification) :
−Once per year for those establishments that have o ne of the certificates of advanced 
qualit y control systems: GMP, HACCP, ISO 22000 or equivalent; 10−Twice per year for those establishments that do not have the aforementioned 
certificates. 
d)Certificate of conformity to HACCP standards or ISO 22000 or equ ivalent where the 
organisation or individual has a quality control s ystem that has been certified to conform 
to HACCP standards or ISO 22000 or equivalent (a notar ised co py, or a cop y 
accompanied with the original for verification) ;
4.Within 7 business da ysof receiving the application , the author ised government agency shall 
re-grant Receipt of Announcement of Conformity to regulated technical standards or 
Certificate of Announcement of Compliance with food safety regul ations; in case of refusal 
to re-grant the Receipt /Certificate, the author ised government agency shall explain in writing 
the reason(s) for such refusal.
5.If there is any change in the process of producing and processing foods that affect squality  
criteria, and violate sthe announced limits of food safet y,the organ isation or individual that 
manufactures or trades foods shall re-regist er for Announcement of Conformit y to regulated 
technical standards and Announcement of Compliance with food safety regulations with 
author ised government agenc ies in accordance with Articles 4, 5 and 6 of this Decree .
Article 9. Stampsof conform ity to regulated technical standards for products 
Products specified in Clause 1 of Article 3 of this Decree will be given s tamp sofconformity to 
regulated technical s tandards in accordance with l awson standards and regulated t echnical 
standards after author ised government agencies have received their announcement sof 
conformity . 
The use of stamp sofconformity shall be in compliance with Itemc of Clause 1 of Article 49 of 
the Law on Standards and Regulated Technical Standards, and Article 15 of Decree No
127/2007/N -CPdated 01 August2007 regul ating  in detail theimplementation of a number of 
articles of the Law on Standards and Regulated Technical Standards. 
Chapter III
SAFETY REQUIREMENTS FOR GENETICALLY MODIFIED FOODS
Article 10. Safety requirements forfoods whose ingredients include genetically m odified 
organism s(GMO) , and GMO products
1.Regulation soneligibilit y for a GMO to be certified as safe forfood production ; the process 
and procedures of granting and revoking certificate sofsatisfaction of food safet y
requirements ; the list of GMOs certified as such shall be in compliance with Section 1, 
Chapter VIof Decree No69/2010/N -CPdated 21June 2010 on bio -safety forGMOs, 
genetic samples , and GMO products . 112.The Minister of Ag riculture and Rural Development shall be responsible for granting and 
revoking certificates of satisfaction of food safet y requirements for GMOs ; devel oping and 
publicis ing the list of GMOs that have been certi fied as safe for food production ; establishing 
the Committee of Safet y of GMOs and GMO products used as foods, and specifying the 
functions, duties and operational mechanisms of the Committee . 
Article 11. Labelling of goods containi ng GMOs ,and GMO products used as foods
1.Those o rganisations and individuals that market foodscontaining GMOs that account for
more than 5 percent ofeach ingredient , in additio n to compliance with laws and regulation s
on goodslabelling , shall provide GM O-related information on label sof the goods . 
2.The Ministry of Agriculture and Rural Development , in coordination with the Ministry of 
Science and Technology, shall take charge of providing detailed guidelines on th e labelling
of foods containing GMOs, and GMOproducts. 
Chapter IV
GRANTING AND REVOKING CERTIFICAT ES OF SATISFACTION OF FOOD 
SAFETY REQUIREMENTS FOR FOO D ESTABLISHMENTS
Article 12. Granting certificates of satisfaction of food safety requirements for fo od 
establish ments
1.Certificates of satisfaction of food safety requirements for food establ ishments shall be 
grantedfor each individual establishment t hat manufactures or trades foods ; each 
independent plant at one location (here inafter referred to as establishment s), except the 
following : 
a)Small -scalefood produc ersat the initial phase ; 
b)Small -scale food retailer s; 
c)Street food vendors; 
d)Establishments selling pre-packaged food sthatare not legally required to meet special 
storage conditi ons. 
2.The Minister of Public Health , the Minister of Agriculture and Rural Development, and the 
Minister of Industry and Trade shall specify the authority of granting and revoking
certificates of satisfaction of food safety requirements for food establi shments within the 
scope of their responsibilities as assigned in Articles 62, 63, and 64 of the Law on Food 
Safety and this Decree ,and shall specify regulation s gov erning theestablishments listed at 
Items a, b, c and d of Clause 1 of this Article. 
Article 13. Revok ing certificates of satisfaction of food safety requirements for food 
establish ments 12Food establishments shall have their certificates of satisfaction of food safety requirements 
revoked in the following cases: 
1.Anestablishment has no operation sin the irregistered food line of business ; 
2.There is a ruling by anauthor ised government agency to change the line of business at a
previous establishment . 
3.Anestablishment shall be denied the right to use their certificate as a result of l egal 
sanction (s)foradministrative violation s against food safet y. 
Chapter V
STATE INSPECTION ON FOOD SAFETY OF IMPORTED AND EXPORTED FOODS
Article 14. Inspection of imported foods 
1. All kinds of imported foods, food raw materials , food additives, substances used as 
processing aids, utensils, packaging materials, and food containers, upon being imported into 
Vietnam , shall be inspect ed byauthor ised government agencies designated by theline 
ministries , except forthe cases specified in Clause 2 of th is Article. 
2.The following cases of imported foods shall be exempted from state inspection on food 
safet y: 
a)Foods that accompan y passengers for personal use and are within the duty-free limit ; 
b)Foodstransported in diplomatic bag s and consular bag s; 
c)Foods in t ransit or transfer ;
d)Foods placed in bonded warehouses; 
)Foods used as samples for tests or research ;
e)Foods used for display as samples at trade fairs and ex positions. 
3.The Ministry of Public Health shall be responsible for inspection and issuing inspection
reports forimport shipment scontaining  variou skinds of foods that are within the scope of 
authority of two or more ministries. 
The Ministry of Agriculture and Rural Development shall be responsible for inspection and 
issuing inspection reports for import shipments containing various kinds of foods that are 
within the scope of authority of two or more ministries , and includ e raw and fresh foods .
Article 15. State inspection on food s afety at exporting countries
1. Incase of assessment for the purpose of mutual recognition, relevant author ised government 
agencies from Vietnam shall develop inspection plan s, notify, and coordinate with relevant 
authorities from the exporting countr yto inspect food safet y control sy stem (s)of the 13exporting country, and of the manufacturers and traders exporting foods to Vietnam in 
accordance with international treaties to which the Socialist Republic of Vietnam is a party : 
a)The relevant authorities from the exporting country shall send registration files tothe 
relevant line ministries in Vietnam ; 
b)Within 30 business days of receiving from the relevant authorities from the exporting 
country adequate registration files list ing food exporters to Vietnam , author ised 
government agencies of the relevant line ministries shall review the files ,and notify the 
relevant authorities from the exporting country ofthe review reports and the inspection 
plan in case inspection is deemed needed for foods to be imported into Vietnam from the 
exporting country.
2.The relevant authorities from the exporting country sha ll send 01set of registration files to 
the relevant authorities in Vietnam : the Ministry of Public Health ,or the Ministry of 
Agriculture and Rural Development, or the Ministry of Industry and Trade , including : 
a)A register of food manufacturers and traders export ingto Vietnam ,specified as Form 
No06 in the appendices to this Decree ; 
b)Information on the system of food safety management and the capacities of food safet y 
control of the relevant authorities from the exporting country ,specified as Form No07 in 
the appendices to this Decree ; 
c)Brief information on the c onditions to ensure food safet yof the said food manufacturers 
and traders exporting to Vietnam ,specified as Form No08 in the appendices to this 
Decree . 
Article 16. State inspection on food saf ety of exported food s
1.The Minister of Public Health , the Minister of Agriculture and Rural Development, and the 
Minister of Industry and Trade shall specify the authority of state inspect ion on food safety 
of exported foods within the scope of their responsibilities as assigned in Articles 62, 63, and 
64 of the Law on Food Safet y.
2.The Ministry of Agriculture and Rural Development shall be responsible for inspection of 
export shipments containing various kinds of foods that are within the scope of aut hority of 
two or more ministries .
CHAPTER VI
LABELING OF FOODS
Article 17. Showing shelf -life on food labels 
1.Themandatory shelf -lifelabelling shall show “Expiry Date ,”or “Use byDate ”on labels of
functional foods,food supplement s, health -protecti ng foods, medical nutrient foods, foods 14enriched with micro -nutrients, and perishable foods likel y to be spoil ed by microorganisms. 
The shelf -life labelling for other foods may show “Best Before Date ”as deemed appropriate
for the t ypes of foods . 
2.Foodslabelled with “Expiry Date, ”or “Use by Date ”shall not be market edafter the date. 
3.Foodslabelled with “Best Before Date ”shall still bemarket edafter the date ifthe
manufacturers can prove the safet y of the food sto the relevant author ised governm ent 
agencies, and the labels shall show clearl y their shelf -lifeas either “Expiry Date, ”or “Use b y 
Date ”. Only the food manufacturers can extend the shelf -life of the irfood product s, and the 
maximum extended shelf -lifeshall not exceed the original shel f-life. 
Article 18. Mandatory content sshown on label s
1. Pre-packaged foods shall be labelled in accordance with laws and regulations on labelling of 
foods. 
2.Depending on each t ypeof pre-pack aged food s, in addition to provisions in Clause 1 of this
Article, the mandatory content sshown on label sshall compl y with the following provisions : 
a)The information on the label sh all be true as to the nature of the product , honest, accurate, 
clearl y legible ,and shall no t mislead consumers; 
b)Labels of f unctional foods ,and foods enriched with micro -nutrients shall show the 
following  main contents: nutrition ingredients ; bioactive compounds ; health effects; 
intended users ,dosage ,administration, and precautions if any ; 
c)Labels of medical nutrient food s, and foods supplemented with v itamins, minerals, and 
micro -nutrients that are not recommended for the general public such as nutritional 
formul asfor pregnant women, nutritional formula sfor infants younger than 36 months, 
and foods fo r syringe feeding shall declare the levels needed to meet nutritional demand, 
dosage for each intended user and instructions by physicians. 
d)Labels of functional foods, foods enriched with mi cro-nutrients , food additives, and s ome 
geneticall y modified foods ( which are req uired to be labelled in accordance with laws 
and regulations on labelling on geneticall y mo dified foods) shallclearly show the 
ingredients and their contentsinthefoods; 
)When the product is named after an y of the ingredients of the product, the contents of 
that ingredi ent shall be clearly shown next to the product name ; 
e)The product name shall be shown in the largest and clearest font sizeand it sh allbe at 
least 3 times large r than the other fontsizes used on the label. 
g)Atranslated label shall have the content s as the originallabel does . 
3)The Ministry of Public Health , in coordination with the Ministry of Agriculture and Rural 
Development and the Ministry of Industr y and Trade, shall take charge of providing detailed 
guidelines on the labelling of foods.15Chapter VII
ASSIGNING OFRESPONSIBILITIES FORSTATE MANAGEMENT OF FOOD 
SAFETY
Article 19. Principles of assign ing responsibilities for state management of food safety
1.On the basis of the provisions of the Law on Food Safety and incompliance with the existing
legislations. 
2.On the basis of uniform state management of food safety . 
3.Ensuring regulation throughout the entire process of manufacturing and trading foods . 
4.Close coordination among line ministries . 
5.Ensuring the “one-stop”principle in which each product, each manufacturer, or each trader 
shall be regulated b y onl y one government authority. 
6.Ensuring that itshall be scientific, thorough , and feasible. 
7.Decentral isation of state management of food safety among the central g overnment and the 
local government satall levels . 
8.During theprocess of state management , should any issue arise with in distinguish able
responsibilities among ministries ,theMinistry of Public Health ,in coordination with the 
Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade, shall 
take charge of develop ingan Inter -ministerial Circular to provide detailed guidelines . 
Article 20. Responsibilities for state management of food safety bythe Ministry of P ublic 
Health
1.The Ministry of Public Health shall be accountable to the Government for perform ing 
uniform state management of food safet y. 
2.Within the scope of its duties and authority ,theMinistry of Public Health shall be 
responsible for: 
a)Impl ementing the provisions of general responsi bilities for state management of food 
safet ystipulated at Clause 1 of Article 62 of the Law on Food Safet y; 
b)Providing the Government with periodic and extraordinary reports on state management 
of food safety ,on the basis of supervision over and consol idation of reports of other line 
ministries ; 
c)Appraising anddeveloping the plan and roadmap for developing and reviewing national 
regulated t echnical standards for all kinds of foods, food additives, substanc es used as 
processing aids, utensils, packaging materials, andfood containers in accordance to state 
management requirements and in line with the social -economic development in each 
period; 16d)Taking charge of developing national regulated technical stan dards for the products 
within the scope of its state management responsibilities as assig ned in Article 62 of the
Law on F ood Safety ; promulgating national regulated technical standards or regulations
on sa fety criteria and safety limit s for all food produ cts, food additives, substances used 
as processing aids, utensils, packaging materials, and food containers; 
)Designating author ised agencies tocertify conformity to regulated technical standards for 
food products, food additives, substances used as pr ocessing aids, utensils, packaging 
materials, and food containers whose regulated technical standards have been provided 
foron the basis of consultation with line ministries when necessary; 
e)Regulating food safety throughout the entire process of produ ction, preliminary
processing, food processing, storage, transportation ,export, import , and trading of food 
additives, substances used as processing aids, bottled water, natural mineral water, 
functional foods, food senriched with micro -nutrients, utensil s, packaging materials and 
food containers; 
g)Providing detail edregulations on functional food s, food additives and food enriched with
micro -nutrients ; 
h)Organising the granting of Receipts of Announcement sof Conformity to regulated 
technical standar ds,Certificates of Announcement sof Compliance with food safety 
regulations ,and Certificates of content sof food advertisement sfor foods within the 
scope of its assigned state management responsibilities .
i)Organising and decentralising the granting of certificates of satisfaction of food safety
requirements for organ isations and individuals that manufacture and trade products 
within the scope of its state management responsibilities as assigned in Item e of Clause 2 
of this Article; 
k)Granting public health certificates for foods; food additives; substances used as
processing aids, utensils; packaging materials, and food containers at the request of
organisationsor individual s; 
l)Stipulat ingrequirements for testing labs, designa ting author ised agencies to conduct food 
testing for thepurpose of state management within the scope of its responsibilities ; 
designating author ised agencies to undertake food testing forthe purpose of arbitration ,
and to make final rulings when there are discrepancies bet ween testing results done by
testing agencies affiliated to and not affiliated tothe Ministry of Public Health ; 
m)Stipulating food safety requirements for collective kitchens, hotels, resorts, restaurants, 
and catering establishments . 
n)Designating au thorised agencies to conduct state inspection on food safety of imported 
food products within the scope of its state management responsibilities as assigned in
Item e of Clause 2 of this Article, and Clause 3 of Article 14 of this Decree.17Article 21. Resp onsibilities for state management of food safety bythe Ministry of 
Agriculture and Rural Development 
1.Coordinating in the development of national regulated technical standards for food products 
2.Regulating f ood safety for the prelim inary production of agricultural , forestry , and aquatic
products ,and of salt,including cultivation, animal husbandry, harvesting, fishing, 
exploitation of agricultural, forestry, and aquatic products; and salt production. 
3.Regulating f ood safet y throughout the entire process of production, collection, slaughtering , 
preliminary processing, process ing, storage, transportation , export , import, and trading  of 
grains; meat and meat products; aquatic living creatures and aquatic products; vegetables, 
tubers, fruits, and prod ucts made from vegetabl es, tubers, fruits ; egg and egg products; fresh 
raw milk; honey and honey products; genetically modified foods; salt; spices; sugar; tea; 
coffee; cacao; black pepper; cashew nuts and other agricultural food products; utensils, 
packag ing materials ,and food container swithin the scope of its assigned state management 
responsibilities . 
4.Organising the granting of Certificates of contents of food advertisements for foods within 
the scope of its assigned state management responsibiliti es.The certification of contents of 
advertisements for foods claimed to have health effects shall seek advice from the Ministry 
of Public Health .
5.Organising and decentralising the granting ofcertificates of satisfaction of food safety 
requirements for organ isations and individuals that manufacture and trade products within 
the scope of its responsibilities as assigned in Clauses 2, 3, and 7 of this Article .
6.Developing and promulgating regulations on food safety requirements for establishments 
engagi ng in the production , preliminary processing, processing, and trading offood products 
within the scope of its responsibilities as assigned in Clause 3 of this Article, on the basis of 
regulations bythe Ministry of Public Health ongeneral food safet y req uirements forfood 
manufacturers and traders. 
7.Regulating f ood safety for wholesale and auction markets of agri cultural products .
8.Stipulating requirements for testing labs; designating author ised testing agencies and testing 
agencies for verificatio n; communicating testing results for foods within the scope of its 
assig nedstate management responsibilities .
9.Designating author ised agencies to conduct state inspection on food safety of imported food 
products within the scope of its responsibilities as assigned in Clause 3 of this Article, and 
Clause 3 of Article 14 of this Decree.
Article 22. Responsibilities for state manage ment of food safety bythe Ministry of Industry 
and Trade 
1.Coordinating in the development of national regulated technical s tandards for food products 182.Regulating food safety throughout the entire process of production, processing, storage, 
transportation , export, import, and trading of wines and alcohols , beers, soft drinks, 
processed mil k,veget able oil, processed flour an d starch, bakery products, confectionary ,
candies and sweets, packages and containers within the scope of its state management 
responsibilities .
3.Organising the granting of Certificates of contents of food advertisements for foods within 
the scope of its assigned state management responsibilities . The certification of contents of 
advertisements for foods claimed to have health effects shall seek advice from the Ministry 
of Public Health .
4. Organising and decentralising the granting ofcertificates of sa tisfaction of food safety 
requirements for organ isations and individuals that manufacture and trade products within 
the scope of its responsibilities as assigned in Clauses 2, and 5of this Article.
5. Regulating food safet y formarkets, supermarkets, andstores in systems of food storage and 
distribution . 
6.Conducting  inspection for the purpose of fraud control against fake foods ,and commerci al 
frauds for all kinds of food s, food additives, substances used as processing aids, utensils, 
packaging materi als, and food containers. 
7.Stipulating requirements for testing labs; designating author ised testing agencies and testing 
agencies for verification; communicating testing results for foods within the scope of its 
assig nedstate management responsibiliti es.
8.Designating author ised agencies to conduct state inspection on food safety of imported food 
products within the scope of its responsibilities as assigned in Clause 2of this Article .
Article 23. Responsibilities for state management of food safety by the People ’s Committees 
atalllevels 
1.ThePeople ’s Committees of provinces and cities directly under the central government shall 
perform state management of food safety intheir respective localities , and shall be 
accountable to the central g overnme nt for food hygiene and safety  in their respective 
localities . 
a)Organising and directing the Inter -departmental Steering Committee on food hygiene and 
safet yin the province or city under the central government ’s management ;
b)Directing the implementa tion of food safety regulations by the central government, and 
the line ministries .
2.Issuing local regulated technical standards of food safet y for local ity-specific food products. 
3.The Departments of Public Health shall be accountable to the People ’sCommittees of 
provinces and cities directly under the central government for perform ingstate management 19of food safety in their respective localities ; and shall act as the primary contact point for the 
Inter -departmental Steering Committee son food safet yin their respective localities . 
a)Acting as theprimary contact point for consolidating and relayingreports on the status of 
food safet yfrom local authorities to the People ’s Committees of provinces and cities 
directly under the central government ,andthe Ministry of Public Health ; 
b)Organising annual periodic inspections on the status of food safet yin their respective 
localities ; acting as theprimary contact point for monitoring food contamination in their 
respective localities ; 
c)Inspecting and examining products and establishments manufacturing and trading food 
additives, substances used as processing aids, bottled water, natural mineral water, 
functional food s, food enriched with micro -nutrients in their respective localities as 
decentral ised by the Ministry of Public Health ; catering establishments, and street food 
vendors. 
d)Incoordination with other sector -specific special isedDepartments , taking charge of
unscheduled inspection and examination of the entire process of manufacturing and 
trading foods within the scope of state management responsibilities by other line 
ministries at the direction of the Peopl e’s Committees, and the Head of the Inter -
departmental Steering Committees on food safet y of the provinces and cities directl y 
unde r the central government , the Ministry of Public Health ; upon expos ingviolations 
thatare likely to cause severe adverse effects on consumers ’health with regard to foods, 
food additives, substances used as processing aids, utensils, packaging materials, and
food cont ainers in circulation in their respective localities ; in case of discrepancies in 
inspection r uling s by sector -specific speci aliseddepartment s; at the request of the sector -
specific special iseddepartment. 
)Receiving announcements of conformity to regulated technical standards, or certifying
announcements of compliance with food safety reg ulations ;certif ying contents of food 
advertisements for foods asassigned inClause 2 of Article 4 of this Decree ; granting
certificates of satisfaction of food safety requirements for organ isations and individuals 
that manufacture and trade types of products as decentral ised by the Ministry of Public 
Health ; 
e)Being responsible for state management of food safety in their respective localities ; 
controll ingthe satisfaction of food safety  requirements atsmall -scale foo dmanufacturers 
and traders , street food vendors, catering establishments , food safet y in markets in their 
respective localities and other entities withi n the scope of their decentral ised
responsibilities . 
4.The Department sof Agricultural and Rural Development shall be responsible for: 20a) Inspecting and examining products and food manufacturers and traders as decentral ised 
by the Ministry of Ag ricultu re and Rural Development;
b) Organising the granting of certificates of satisfaction of food safet y requirements for 
manufacturers and traders of types of products as decentral ised by the Ministry of 
Agriculture and Rural Development;
c)Organising the granting ofcertificates of contents of food advertisements as decentral ised 
by the Ministry of Agriculture and Rural Developmen t;
d) Submitting periodic and extraordinary reports toStanding Members of the Inter -
departmental Steering C ommittee (Depart ments of Public Health ) for inputs towards 
consolidated reports to the People ’s Committees of provinces and cities directly under the 
central government , the Ministry of Public Health , and specific line ministries . 
5.The Departments of Industry and Trade shall be responsible for: 
a) Inspecting and examining products of food manufacturers and traders as decentral ised by 
the Ministry of Industr y and Trade 
b) Organising the granting of certificates of satisfaction of food safet y requirements for 
manufacture rs and traders of types of products as decentral ised by the Ministry of 
Industry and Trade ; 
c)Organising the granting ofcertificates of contents of food advertisements as decentral ised 
by the Ministry of Industry and Trade ;
d)Conducting  inspection for the purpose of fraud control ag ainst fake foods, and 
commercial frauds in the markets for all kinds of food s, food additives, substances used 
as processing aids, utensils, packaging materials, and food containers;
) Submitting periodic and extraordinary  reports to Standing Members of the Inter -
departmental Steering C ommittee (Departments of Public Health ) for inputs towards 
consolidated reports to the People ’s Committees of provinces and cities directly under the 
central government , the Ministry of Public Health , and specific line ministries . 
6.The District People ’s Committees shall be accountable to the People ’s Committees of 
provinces and cities directly under the central government for food safety in their respective 
localities . 
a)Organising and dir ecting the District’s Inter-departmental Steering Committee on food 
hygiene and safet y in their districts ; 
b)Directing and implement ingfood safety regulations by the central government, the line 
ministries ,and the People ’s Committees of provinces and cities directly under the central 
government
c)Supervising thefood trading business b ystreet food vendors, restaurants, hotels in the ir 
respective district sas decentral ised. 217.The Commune People ’s Committees shall be accountable to the District People ’s 
Committee sfor food safety in their respective localities . 
a)Organising and directing the Commune ’s Inter -departmental Steering Committee on food 
hygiene and safet y in their districts; 
b)Implementing food safety regulations by the central g overnment , the line ministries , and 
the superior -level People’s Committees ;
c)Being accountable to the District People’s Committees for supervising the food trading 
business by street food vendors, restaurants, hotels in their respective communes as 
decentral ised.
Article 24. Collaboration among the line ministries in state management of food safety
The line ministries ,within the scope of their state management responsibilities , shall be
responsible for coordinating with the Ministry of Public Health in carryingout state management 
activities to ensure effici ent uniform state management of food safety . 
1.The Ministry of Public Health ,theMinistry of Agriculture and Rural Development, and the 
Ministry of Trade and Industry shall implement program mes to monitor , to prevent, and to 
stop food safet y incidents in accordance with Article 52 of the Law on Food Safety . 
2.When food poisoning occurs, the Ministry of Public Health shall be responsible for arranging
emergency first aid, and timely  treatment for people with food poisoning . The specific line
ministry shall be responsible for providing adequate files and information related to the 
origin of the food(s)suspected to have cause dfood poisoning within the scope of its state 
management responsibilities ; for coordinating with theMinistr y of Public Health to carry out
and to monitor aninvestigation into the cause (s),to trace the origin and handle the food (s) 
causing the food poisoning incident.
Chapter VIII
SECTOR -SPECIFIC SPECIAL ISEDFOOD SAFETY INSPECTION
Article 25. Agencies assigned to conduct food safety inspection 
Food safet y inspection shall be sector -specific special isedinspecti on,conducted by the sectors of 
health, a griculture and rural development, and i ndustry and trade. The assi gnment of sector -
specific special isedfood safet y inspection to author isedagencies shall be in accordance with the 
Government ’s regulations on author ised agencies assig ned with sector -specific special ised
inspection tasks. 
Article 26. Coordination among the ministries , sectors , and other forces in food safety 
inspection 221.The Ministries of Public Health , Agriculture and Rural Development, andTrade and Industry 
shall b e responsible for food safet y inspection during theentire process of production, 
processing, storage, t ransportation, export, import, and trading of foods within the scope of 
their assigned state management responsibilities in accordance with Articles 62, 63, 64, 65, 
and 67 of the Law on Food Safety . 
2.The Ministry of Public Health ,and the standing body  of the central inter-ministerial Steering 
Committee on food hygiene and safet y, incoordi nation with the line ministries and related 
forces , shall take charge of the organ isation and assignment of inter-sector alinspection. 
3.The Ministry of Public Healt hshall carry out unscheduled inspections of the entire process of 
production, export, import , and trading offoods within the scope of state management 
responsibilities byother ministries in the following cases: 
a)Atthe direction o f the Prime Minister or Chair of the central inter -ministerial Steering 
Committee on food h ygiene and safet y;
b)Upon exposing violations that are likely to cause severe adverse effects on consumers’ 
health with regard to foods, food additives, substances used as processing a ids, utensils, 
packaging materials, and food containers;
c)In case of discrepancies in inspection rulings b ythespecific line ministries. 
d)At the request of thespecific line ministries
Chapter I X
IMPLEMENTATION PROVISIONS
Article 27. Effectiveness 
This Decree takes effect on 11June 2012 .
Article 28 . Responsibilities for Implementation 
The Ministers, Heads of ministerial -level agencies, Heads of Government -affiliated agencies, 
Chair -people of the People’s Committees of provinces and cities directly under the central 
government ,and other related organ isations and individuals shall be responsible for 
implementing this decree.
ON BEHALF OF T HE GOVERNMENT
PRIME MINISTER
(signed )
Nguyen Tan Dung23Recipients: 
−The Secretariat of Vietnames e Communist Party ’s Central Committee 
−Prime Minister, Deput y Prime Ministers; 
−The Ministries, Ministerial -level Agencies, Government -affiliated Agencies; 
−Office of the Central Steering Committee on corruption prevention and control ; 
−People’s Committees of provinces and cities directly under the central government ; 
−The Party’s Central Office sand Committees; 
−Office of the President; 
−Council of Nations, and Committees of the National Assembly ; 
−Office of the National Assembl y
−The Supreme People’s Court ; 
−The Supreme People's Procuracy ; 
−State Audit or-General’s Office ; 
−National Financial Supervisory Committee ; 
−Bank for Social Policies ; 
−Development Bank of Vietnam ; 
−Central Committee of Fatherland F ront of Vietnam ; 
−Central offices of associations; 
−Officeof the Government : Chair -Minister , Vice Chair s, E-government Portal, 
departments, sub-departments, affiliated units, Official Gazette; 
−Archive s: Secretarial Office, Department of Science, Education, Culture and Society (5 
copies ).
Docu ment attributes
Number /Notation : 38/2012/N -CP
Date of promul gation: 25April 2012
Date of entry into effect: 11June 2012
Signed by: Nguyen Tan Dung
RE: Regulating in detail the implementation of a number of articles of the 
Law on Food Safet y
Promulgated by : The Government
Category : Decr ee
Attached files: -38ND.doc (148480 B yte)
-38ND_PL.doc (158208 By te)
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