How does the transient conditions in Decree 15 work in reality?

VCN – In order to clear doubts in the implementation of Decree 15/2018/NĐ-CP on food safety, the Ministry of Finance has issued and sent a document to other Ministries including: Industry and Trade, Health, Agriculture and Rural Development, Justice. In that, points which need clarification, and how to implement transient conditions?
how does the transient conditions in decree 15 work in reality
Customs official of Coc Nam Customs Branch checked candy shipment imported from China. Photo: H.Nụ

According to Ministry of Finance, Clause 1 Article 42 stipulates the products that have been granted receipt of compliance notice and acknowledgement of compliance notice on food safety before the valid day of Decree 15, could be used until the expiry day as printed on the certificate and the products.

Also, according to the provisions of Decree 38/2012/NĐ-CP, when products have been subject to technical regulations, they must be announced for technical regulation conformity and registered for compliance notice with competent authorities before introducing to the market; Products which are not subject to technical regulations must be announced in conformity of food safety regulations and registered for compliance notice on food safety with competent authorities before introducing to the market.

Thus, the Ministry of Finance raised a question that: "According to Clause 1 of Article 42 above, when carrying out customs procedures, could enterprises use the "receipt of compliance notice or acknowledgement of compliance notice on food safety” to be exempted from state inspection of food safety in accordance with clause 1 of Article 13 of Decree 15? If applicable, shall the enterprise lodge or present to the customs authorities a photocopy certified by the enterprise, or an attested copy, or the originals of those documents? "

In addition, according to Decree 15/2018 / NĐ-CP, only 3 commodity groups in Article 6 must register a receipt of product notice. So, in the case that a company has applied "receipt of compliance notice or acknowledgement of compliance notice on food safety” to be exempted from food safety inspection, does it apply to all groups or a few groups as stipulated in accordance with Article 6 of Decree No. 15?

At the proposal of the Ministry of Finance, the case of products of organizations and individuals that have been granted valid “receipt of compliance notice or acknowledgement of compliance notice on food safety”, they shall be applied exemptions from state inspection of food safety when importing under Clause 1, Article 13 of Decree 15.

Apart from the above issues, the Ministry of Finance said that under the provisions of Article 30 of Decree No. 105/2017 / ND-CP stipulating the trade of alcohol, wine must be granted receipt of compliance notice or acknowledgement of compliance notice on food safety” (for alcohol which is not subject to technical regulation yet) before importing.

However, as stipulated in Decree 15, the imported wine must only be declared by the importer prior to introducing it to the market, and it is not subject to compliance notice or compliance notice for food safety.

Therefore, the Ministry of Finance asked: "In the case that the import company only has the copy of self-proclaim product, could it be used to carry out import procedures as stipulated in Decree 15 or not?"

So, according to the opinion of Ministry of Finance, the submission of the copy of self-proclaim product in accordance with the provisions of Decree 15, shall be accepted for import procedures as stipulated in Article 30 of the Decree No. 105/2017 / ND-CP.

Together with the above contents, the Ministry of Finance also requests ministries to comment on the regulations on exemptions for state inspection of food safety as prescribed in Clause 1, Article 13 of Decree No. 15 / 2018 / ND-CP; The state inspection agency for imported food; Goods subject to state inspection of food safety; Regulations on the application of reduced inspection methods...

By N.Linh/Thanh Thuy

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