The Ministry of Health is drafting a Decree to replace Decree No. 15/2018/ND-CP to tighten food safety management and overcome shortcomings that have arisen in recent times.
According to the Ministry of Health, the process of drafting the draft decree on amendments and supplements was carried out urgently in a shortened procedure, with the coordination of many ministries and branches. In particular, in the face of public outrage such as agrocery products violating advertising, the recent large-scale production and trading of fake milk and functional foods. The draft decree adds many notable provisions.
Increase the responsibility for post-inspection and information disclosure: The agency receiving the dossier self-declaration of the product must post the dossier, implement a post-inspection plan, monitor quality, and handle violations if it discovers that the product is not in circulation and does not meet requirements. This regulation aims to overcome the situation where businesses self-declare, self-classify products, and exaggerate their uses, and when inspected, the products have been widely consumed.
Tighten the management of dietary supplements and special product groups: Supplements are required to register product declarations instead of self-declaration as before. For the group of health protection foods, nutritional foods, foods used for special diets, nutritional products for children up to 36 months old, businesses must submit a registration and declaration to strictly control the ingredients, safety indicators and product applications.
Requirement to publish quality indicators: Organizations and individuals must publish applicable standards, instead of only testing safety indicators. This regulation aims to end the exploitation of loopholes by businesses to produce and trade products that do not ensure the quality as advertised.
Strengthen sanctions: Decree adds regulations on revoking certificates of food safety eligibility, advertising content confirmation certificates, product declaration registration receipts, and temporarily suspending the receipt of administrative procedures for violating enterprises until processing is completed.
Improve production conditions: Enterprises producing dietary supplements, nutritional foods and nutritional products for children must have a certificate of meeting HACCP, GMP standards or equivalent certificates according to international practices. The Ministry of Health proposes to add this regulation right in the current decree, before the amended Law on Food Safety is issued.
Strengthen post-inspection and data sharing: The draft specifically stipulates the plan, frequency, form of post-inspection, increase the role of testing facilities and require ministries, branches and localities to complete the connection of food safety management data on the National Public Service Portal.
Strict advertising management: E-commerce platforms, social networks, publishers and influencers participating in advertising must publicize sponsorship relationships and comply with professional code of conduct. The Ministry of Health believes that this is an important solution to limit false advertising and deceive consumers.
Control imported raw materials and products changing their purpose of use: Draft adds regulations on strict inspection of imported foods and products from export to domestic consumption.
Because the amended content has exceeded half of the articles of Decree No. 15/2018/ND-CP, the Ministry of Health has reported to the Prime Minister and Deputy Prime Minister to request permission to issue a decree to replace all, on the basis of maintaining the draft contents.
The Ministry of Health emphasized that this amendment and supplementation of regulations on food safety management will help overcome loopholes in self-publication, advertising, and post-inspection, while improving production standards and protecting the rights and health of consumers. Relevant units and enterprises need to proactively research and prepare for implementation to ensure compliance when the decree officially takes effect.
