Foods subject to self-declaration of production in two factories in two locations are legal contents that readers often need to check carefully before implementing in practice. This article has been systematized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
1. If a food subject to self-declaration is produced in two factories in two different localities, how should the declaration be made?
Pursuant to Clause 2, Article 5, Decree 15/2018/ND-CP (amended and supplemented by Clause 2, Article 1 and Clause 1, Article 3, Decree 155/2018/ND-CP), self-declaration of products by food businesses with 02 or more factories producing the same product in 02 different localities is carried out in the following order:
(i) The enterprise self-announces the product on the mass media or its electronic information page or publicly posts it at its headquarters and publishes updated food safety data on the Information System.
In case there is no updated data information system on food safety, the enterprise shall submit 01 copy by mail or directly to the competent state management agency designated by the People’s Committee of the province or centrally run city to store records and post the names of organizations, individuals and names of self-declared products on the receiving agency’s website.
Note: Enterprises can only submit applications at a local state management agency with a production facility of their choice. Once you have selected a state management agency to submit your application, subsequent self-declarations must be submitted to the previously selected agency).
(ii) Immediately after self-declaring the product, the enterprise has the right to produce and trade the product and takes full responsibility for the safety of that product.
In addition, in case the product has a change in product name, origin, or composition, the enterprise must re-announce the product itself. In cases of other changes, the enterprise shall notify in writing the content of the change to the competent state management agency and may produce and trade products immediately after sending the notice (According to Clause 4, Article 5 of Decree 15/2018/ND-CP).
2. In what cases does a food business self-announce its products?
Pursuant to Article 4 of Decree 15/2018/ND-CP, enterprises self-announce products in the following cases:
(i) Food businesses shall self-declare pre-packaged processed foods, food additives, food processing aids, food containers, packaging materials in direct contact with food (hereinafter collectively referred to as products) except for the products specified in Clause (ii) of this Section and the following products:
– Health protection foods, medical nutritional foods, foods for special diets.
– Nutritional products for children up to 36 months old.
– Mixed food additives with new uses, food additives that are not on the list of additives allowed for use in food or are not intended for use as prescribed by the Ministry of Health.
(ii) Products and raw materials produced and imported that are only used to produce or process export goods or serve the internal production of organizations and individuals that are not consumed in the domestic market are exempt from carrying out product self-declaration procedures.
3. What documents are included in the product self-declaration dossier?
Pursuant to Clause 1, Article 5 of Decree 15/2018/ND-CP, product self-declaration documents include:
(i) Product self-declaration according to Form No. 01 Appendix I issued with Decree 15/2018/ND-CP.
(ii) Food safety testing result sheet of the product within 12 months up to the date of application, issued by a designated testing laboratory or a testing laboratory recognized in accordance with ISO 17025, including safety indicators issued by the Ministry of Health according to risk management principles in accordance with international regulations or safety indicators according to corresponding regulations and standards announced by organizations and individuals in cases where there are no regulations from the Ministry of Health (original copy). or certified copy).
Note: Documents in the self-declaration dossier must be presented in Vietnamese. In case there are documents in a foreign language, they must be translated into Vietnamese and notarized. Documents must be valid at the time of self-declaration (According to Clause 3, Article 5, Decree 15/2018/ND-CP).
Note on Applying Current Legal Regulations
This article belongs to the Legal Knowledge group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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