Import and export consignments can have only one item or many items and when determining which items are in the shipment, it is necessary to base on type, packaging material, name, brand name. chemicals, production facilities ... Through the receiving and responding system of to businesses ‘recommendations, Mr. Pham Van Hung, Legal and Corporate Governance Department of International Bank (VIB) proposed to answer the content specified in Clause 6, Article 3 of the Decree. 15/2018 / ND-CP guiding the Law on Food Safety: “6. Exported or imported goods are food products of the same type, same name, label of goods, goods manufacturer, packaging material ”. In addition, Decree 15/2018 / ND-CP signed on February 2, 2018 and takes effect on the same day. Under the provisions of Article 151.2 of the Law on the Promulgation of Legal Documents, only legal documents are promulgated according to the summary order and procedures, they can take effect from the date of adoption. Article 146 of the Law on the Promulgation of Legal Documents stipulates cases of developing and promulgating legal documents according to the summary order and procedures. However, Mr. Hung did not see the Decree under any case as stipulated in Article 146. Mr. Hung suggested to answer, why did the Decree come into effect with the signing date?
Regarding this issue, The Department of Food Safety, the Ministry of Health responds as follows:
Regarding the terminology specified in Clause 6, Article 3 of the Government's Decree No. 15/2018 / ND-CP dated February 2, 2018, detailing the implementation of a number of articles of the Law on Food Safety and Exports Import or export in association with the term "Exported or imported consignment" in Clause 7, Article 3 of Decree No. 15/2018 / ND-CP, in which the Shipment may contain only one item or many goods and when identify the goods (included in the shipment), it should be based on the types, packaging materials, names, labels, manufacturers ...
For example: A shipment may include confectionery, beverage, functional food ... so the State inspection of food safety will be done by each item without applying equally to the whole. shipment.
On December 5, 2016, the Government issued Resolution No. 103 / NQ-CP on the regular Government meeting in November 2016, which clearly stated “The Ministry of Health is assigned to preside and coordinate with the Ministry of Agriculture. and Rural Development, the Ministry of Industry and Trade and related ministries and agencies urgently draft a Decree amending Decree No. 38/2012 / ND-CP dated April 25, 2012 detailing the implementation of a number of articles of The Law on Food Safety follows the simplified order and procedures and submits to the Government in the first quarter of 2017 ”.
Meanwhile, according to the provisions of Clause 2, Article 151 of the Law on the Promulgation of Legal Documents in 2015: “Legal documents promulgated according to the simplified order and procedures may take effect from date of adoption or signing for promulgation, at the same time must be posted on the web portal of the issuing agency and must be reported on the mass media… ”.
According to Chinhphu