19/12/2018, 08:57 AM

Decree No. 15/2018/ND-CP takes an effect from February 2, 2018 replacing Decree No. 38/2012/ND-CP guiding some articles of the Law on Food Safety. There are many changes about management of food safety, towards sharp reduction procedures for registration, publication and specialized inspection of food, transfer from pre-check to post-inspection, creating favorable conditions for enterprises about administrative procedures cut, are active to report and disclose information relating to products. At the same time, it will also have potential risks if enterprises don’t tightly control business operations as well as ensure food safety for its products.

The key changes include:

Organization and individual self-declaration products

The self-declaration shall be posted through mass media or the producer’s website or premises and published on updated data information system on food safety when these products are self-proclaimed products . At the same time, Enterprises are responsible before the law about this declaration, instead of sending a dossier of publication to the State authorities to verify. (Article 4 of Decree No. 15/2018/ND-CP).

Pursuant to the dossier of self- declaration of the enterprise, the state management agency will enhance the post-inspection, inspection, examination and sanction if the violation is detected.

Registration of product declaration

Organizations and individuals that produce, trade in food just register the product declaration for three product groups include:

  • Dietary supplements, medical foods, food for special dietary uses;
  • Dietary products for children up to 36 months;
  • Mixed food additives with new uses, food additives that are not on the list of permitted food additives compiled by the Ministry of Health

(Article 6 of Decree No. 15/2018/ND-CP).

There is no longer time-limited of certificate for registered product declaration, so it is permitted to self-register product declaration 1 time without having to perform register a declaration again, unless there is a change of product name, origin, composition.

It is no longer required to test the product periodically every 6 months or 12 months for products that have been issued with a Notice of Release.

Shorten processing time

Decree No. 15/2018/ND-CP has simplified administrative procedures, allowing self-proclaimed documents to be produced and traded right after the product self-declaration, shortening the time for dossier evaluation to issue certificate of registered product declaration from 15 days to 7 days except health protection food group from 30 days to 21 days (Article 8.2 of Decree. No. 15/2018/ND-CP).

However, it is necessary to consider objectively, the situation of processing the file in practice often lasts much longer than the regulation.

New locations have been selected where to perform procedures for product declaration

Decree No. 15/2018/ND-CP stipulates that organizations and individuals produce many kinds of food under the competence of receiving dossiers of registration of product declaration both Ministry of Health and the competent authority designated by the People’s Committee of the province, organizations and individual shall be chosen where to apply dossier of product declaration in Ministry of Health or the application may be submitted to either receiving authority (Article 8.1c of Decree No. 15/2018/ND-CP).

This regulation allows the organizations, individuals are active in the selection management unit for submit application for regulations of the product declaration meet their need and actual situation.