Conditions of importing food from abroad and some related matters should be noted

Nowadays, it is not difficult to find products that are cakes, candies, juices and many other products that are food imported from abroad for consumption in Vietnam. For a product to be displayed and traded in the Vietnamese market, surely that product will need to go through a certain procedure according to current regulations to be circulated and brought to consumers. This article will provide several legal issues related to the conditions of importing food from abroad and some other related matters that the owner should consider.

1. What is food? 

According to the provisions of laws, food is defined as the product that people eat, drink fresh or have been preliminary processing and preserving. Food does not include cosmetics, cigarettes and substances used as pharmaceuticals.

Besides, some other types of foods are not aimed at making consumers able to satisfy the needs of eating and drinking in daily activities. Instead, consumers can use functional foods (health food) for a special diet, …

2. Conditions of importing food from abroad 

Before the food is imported from abroad to Vietnam, the manufacturer needs to determine that food will be circulated and traded in Vietnam according to what sort of food (usually based on the formula, the ingredient creates the ingredients. product). Because determining the sort of food will determine the procedure to be implemented so that the product is imported and eligible for circulation in Vietnam. According to current regulations, a product imported from abroad can be carried out in one of two procedures: (2.1) Procedures for self-declaration and (2.2) registration of the product declaration.

2.1. Procedures for self -declaration

1. Foods within the scope of application:

   • Applicable to pre-packaged foods, food additives, food processing aids, food storage tools, packaging materials in direct contact with food.

   • However, for products, raw materials for production and import are only used for production, processing of export goods or serving the internal production of organizations/individuals not consumed in the domestic market that exemption from this procedure.

2. Dossier for self-declaration:

Form of self-declaration;

Food safety test results of the product within 12 months up to the date of submission issued by the designated laboratory or the accredited testing room that is suitable for ISO 17025, including safety criteria due to safety indicators of The Ministry of Health are promulgated according to the principle of risk management under international regulations or safety criteria based on the corresponding standards published by organizations/individuals in case there are no regulations of the Ministry of Health.

2.2. Registration procedure of the imported product declaration

1. Foods within the scope of application: 

   • Health protection food, medical nutrition, food for special diet.

   • Nutrition products for children up to 36 months old.

   • Mixed food additives have new uses, food additives are not in the list of additives allowed to be used in food or not the right subjects prescribed by the Ministry of Health.

2. Dossier for registration of the imported product declaration.

Form of product announcement;

Certificate of Free Sale or Certificate of Exportation or Health Certificate paper of the competent authority of the origin/export enacts with content to ensure safety for users or be sold freely in the market of the manufacturer/manufacturer/ export (consular legalization);

Food safety test results of the product within 12 months up to the date of submission issued by the designated laboratory or the accredited testing room that is suitable for ISO 17025, including safety criteria due to safety indicators of The Ministry of Health are promulgated according to the principle of risk management under international regulations or safety criteria based on the corresponding standards published by organizations/individuals in case there are no regulations of the Ministry of Health (original or certified copy);

Scientific evidence proves the use of the product or of the ingredients that make up the announced use (original or certified copy of organizations and individuals). When using scientific evidence about the use of the ingredients of the product to make use of the product, the daily dose of the product must be at least greater than or equal to 15% of the ingredients mentioned in the document.

3. Other relevant matters should be noted

1. For the self-declaration procedure and registration of the product declaration: if the product has a change in the name of the product, the origin, the component of the structure, the organization and individual must re-declaration itself product. For the other changes, organizations and individuals notify in writing the content to change to the competent state authority and be produced and traded products immediately after sending an announcement letter. 
2. For labels of imported products: In addition to complying with general regulations on labels, business organizations/individuals must also perform information on the label including the name, the address of the organizations/individuals, names and addresses of organizations/individuals themselves self-declared or registered of the product declaration. 

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