Vietnam to Amend a Number of Food Regulations

Disclosed by a WTO Notification on July 28, 2022, Vietnam is to amend, supplement and repeal a number of food regulations issued by the Ministry of Health. Below are the major involved regulations and legal instruments. Any opinions can be sent before September 27, 2022.

Major revisions

1. Circular No. 24/2019/TT-BYT regulating the management and usage of food additives

• The legal basis of permitted flavorings is revised as follows, adding the flavorings recognized by the Flavor and Extract Manufacturers Association of the United States (FEMA) and EU into the permitted scope:

“Flavorings used in food include flavorings that fall into one of the following categories: a) Flavors that have been evaluated by JECFA to be safe in edible amount or acceptable daily intake; b) Flavors are recognized as safe (GRAS) issued by FEMA; c) Food flavorings of the European Union promulgated by the European Parliament and Council.”

• The draft revised the provision of permitted food additives as “permitted food additives specified in Appendix 2A and 3 are updated according to the latest Codex General Standard for Food Additives.” This revision is to automatically align Vietnamese requirements on food additives to the international standard—Codex General Standard for Food Additives.

• Apart from the food additives that are aligned with the international standard, Vietnam also specifies a list for permitted food additives that are not listed in the Codex Standard but are approved by Vietnam itself. At present, this draft adds 19 food additives to the list, which is compiled as Appendix 2B of this regulation.

2. Decision No. 46/2007/QD-BYT of Minister of Health regulating the maximum limit of contamination and chemicals in food

• This Decision specifies the maximum level of veterinary drug, bacterial, metal, micro-organisms, and pesticide residue, etc. in food. In addition, it sets a list of processing aids permitted to be used in manufacturing and processing food. This draft revises this list of permitted processing aids and adds the requirement that “Processing aids shall be used as per the National Standard TCVN 11429: 2016 (CAC/GL 75:2010) Guidelines on substances used as processing aids”.

3. Circular No. 43/2014/TT-BYT regulating the management of functional foods

• The description of Article 3 is revised into “Procedures for products subject to self-declaration and registration of declaration”. Besides, the draft also cites the legal basis for enterprises to finish the self-declaration and registration of declaration. Read Decree No. 15/2018/ND-CP for more details of self-declaration and registration of declaration.

• The requirement for conducting efficacy testing is specified—“Efficacy testing for use on human health must be carried out according to biomedical research related to humans specified in the Circular No. 04/2020/TT-BYT dated March 5, 2020, of the Ministry of Health.”

• The draft clarifies that if a new problem arises outside the provisions of this Circular, the receiving agency is responsible for reporting the problem to the superior agency for a timely solution.

• The requirements for nutrient content claims and health claims of supplemented foods (ordinary foods with micronutrients, other elements such as vitamins, etc.) are detailed. For example, the expression “recommended nutritional needs" is changed to "recommended nutritional needs for Vietnamese people”.

• The requirements for the claims of nutrient content in health supplements are revised. For example, the draft adds a situation when the health supplement can bear nutrient content claims—"For substances with no recommended nutrient intake, the content of vitamins and minerals in food must reach at least 15% of the recommended amount of the ingredient stated in the scientific evidence.” In addition, the maximum content of vitamins and minerals in food must not exceed the recommended intake.

• As revealed by the draft, the National Institute of Nutrition will announce the recommended nutrient intake and maximum intake levels of vitamins and minerals.

• Several provisions of this Circular are to be deleted.

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