Vietnam Ministry of Health: Recall and Treatment of Unsafe Food

On 30 June 2016, Health Ministry of Vietnam promulgated the new Circular 17/2016/TT-BYT which details recall and treatment of unsafe food products under its management. This Circular covers the followings products: foods, food additives, food processing aids, tools, packaging materials.

As such, there are 2 (two) kinds of recall and 4 (four) treatment methods as follows:

Recall categories:

• Voluntary recall: this involves voluntary recall of products out of the market place as mentioned in the law on quality of products and goods. Within 24 hours after defining recalled product, the product owner is responsible to inform the whole manufacturing and trading channel (manufacturer, distribution channel, wholesalers, and retailers) to stop selling and recall products.
• Compulsory recall:  recall is forced by the competent authority. Right after getting the decision from the authority, product owners must inform responsible persons in the manufacturing and trading channel to stop selling, quarantine and seal affected goods.

Recalled food will be treated based on the following criteria:

• Correct the mistake of product e.g labelling: a product violates quality and compliance criteria; label content registered with the competent authority but does not pose a risk to consumer health.
• Change use purpose: a product violates quality criteria and poses a risk to consumer health but can be used for other purposes.
• Return to country of origin: an imported product violates quality criteria, poses a risk to consumer health after which the owner proposes the product to be returned to the country of origin
• Disposal: a product violates quality criteria, poses a risk to consumer health, and its use is  unable to be corrected or changed and it cannot be returned to the country of origin

Method of treatment must be proposed by the product owner within 3 working days after the recall is completed.

The Circular will take effects on 15/08/2016.