1. Competent authority
Competent authority | Responsibility |
Ministry of Industry and Trade (MOIT) | Management of soft drinks, excluding mineral water and pure water under the management of the Ministry of Health |
Ministry of Health (MOH) |
|
General Department of Vietnam Customs | Customs inspection, quarantine, and declaration |
MOIT & MOH | Post-market surveillance |
2. Market access approval
2.1 Product self-declaration
Food traders shall finish the self-declaration for their beverage products as per Decree No. 15/2018/ND-CP of the Government: Detailing the Implementation of a Number of Articles of the Law on Food Safety (partially amended by Decree No. 155/2018/ND-CP).
General procedures for self-declaration:
Food traders submit to the competent authority a dossier for self-declaration of conformity of the product. If the dossier is complete and in accordance with the regulations, the competent authority will upload the product’s information on their public system. If the dossier is not satisfactory with the requirements, it will be returned by the authority for additional correction.
At the same time, the food trader will publish the declared dossier about the product at the company's headquarters or upload to their website or mass media.
Right after the self-declaration is made, the supplier is entitled to manufacture and sell the product and assume full responsibility for the safety of such product.
Needed materials should include:
The self-declaration form (Form No. 01 in Appendix I of Decree No. 15/2018);
The original copy or certified true copy of the food safety data sheet issued by a designated laboratory or a laboratory complying with ISO 17025 within 12 months before the self-declaration is made.
2.2 State inspection of imported food safety
During the customs clearance stage, beverage products are subject to the state inspection of imported food safety. Legal basis include:
Decree No. 15/2018/ND-CP of the Government: Detailing the Implementation of a Number of Articles of the Law on Food Safety (partially amended by Decree No. 155/2018/ND-CP)
Decree No. 08/2015/ND-CP Stipulating in Details and Measures to Implement the Customs Law on Customs Procedures, Inspection, Supervision and Control (partially amended by Decree No. 59/2018/ND-CP and Decree 85/2019/ND-CP)
3. Product compliance
Manufacturers of beverage products shall satisfy general food safety conditions specified in Food Safety Law 2010 and Decree No. 15/2018/ND-CP of the Government: Detailing the Implementation of a Number of Articles of the Law on Food Safety (partly amended by Decree 155/2018/ND-CP). Attention must also be paid to Circular No. 43/2018/TT-BCT on Providing Food Safety Management Under the Responsibility of the Ministry of Industry and Trade (which was partially amended by Circular No. 13/2020/TT-BTC).
Besides the fundamental law and its regulation, it is important to follow a specific national technical regulation for beverage products (QCVN 6-2:2010/BYT National Technical Regulation for Soft Drinks) as well as some safety and hygiene requirements as listed below.
Circular No. 24/2019/TT-BYT on the Management and Use of Food Additives (partially amended by Circular No. 17/2023/TT-BYT on Amendments to and Annulment of Certain Legislative Documents on Food Safety)
Circular No. 50/2016/TT-BYT Regulations on Maximum Residue Levels of Pesticide in Food
QCVN 8-1:2011/BYT National Technical Regulation on the Limits of Mycotoxins Contamination in Food
QCVN 8-3: 2012/BYT National Technical Regulation of Microbiological Contaminants in Food
…
4. Label
The fundamental law and its implementation rules have specified some requirements for labelling: Food Safety Law 2010 and Decree No. 15/2018/ND-CP of the Government: Detailing the Implementation of a Number of Articles of the Law on Food Safety (partly amended by Decree 155/2018/ND-CP Amendments to Some Articles Related to Business Conditions Under State Management of the Ministry of Health).
Besides the fundamental law and its implementation rules mentioned above, Decree No. 43/2017/ND-CP on Goods Labels is the most important regulation for stakeholders to learn, since it is a specialized regulation for product label. In 2021, some articles of Decree No. 43/2017 were amended and supplemented by Decree No. 111/2021/ND-CP. Circular No. 05/2019/TT-BKHCN also provides details for a number of articles of Decree No. 43/2017.
Recommended material:
ChemLinked article: Vietnam's Legislation Framework on Food Labeling
Food pedia: Vietnam Extended Producer Responsibility (EPR) Regulations
Free webinar: EPR Compliance Made Easy: A Guide for Businesses in Vietnam
Online course: Focus on Southeast Asia, Japan, and South Korea: Food Compliance and Import Procedure Interpretation
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