What does the Ministry of Health say about the production and trade of fake milk?

(PLVN) - Regarding the case of large-scale production, trading and consumption of fake milk powder, operating in Hanoi and neighboring provinces, the Investigation Police Agency - Ministry of Public Security has initiated a case. The case is under investigation, the Ministry of Health has and will continue to closely coordinate with the Ministry of Public Security on professional issues so that the Ministry of Public Security has a basis to handle it in accordance with the law, clearly investigating the responsibilities of related organizations and individuals.

Báo Pháp Luật Việt Nam•15/04/2025

On April 15, the Department of Food Safety, Ministry of Health, provided information related to the case of fake milk production and trading that has attracted public attention in recent days.

Regarding the prevention of unsafe food, fake food, and poor quality food, the Ministry of Health said that the unit is always consistent in its direction and management through the development, submission, and promulgation of legal documents on food safety under its authority; in inter-sectoral coordination, especially coordination with the Ministry of Public Security and Steering Committee 389 of the Ministry of Industry and Trade in handling fake food, food containing prohibited substances, etc.

Food safety management is regulated in the Law on Food Safety, in which food safety management of the Ministries of Health, Agriculture and Rural Development (now the Ministry of Agriculture and Environment), Industry and Trade and People's Committees at all levels is regulated in Articles 62, 63, 64 and 65; The responsibility of "Presiding over the prevention of fake food and commercial fraud in food circulation and trading" is regulated in Clause 5, Article 64 of the Law on Food Safety.

The announcement and registration of food product declarations are regulated in Decree 15/2018/ND-CP dated February 2, 2018 detailing a number of articles of the Food Safety Law. Accordingly, most foods are self-declared and there are 4 groups that need stricter control, so the product declaration must be registered with the competent State agency before being put into circulation on the market.

Granting the right to declare products to businesses to create transparency in administrative procedures, but when declaring, businesses must "commit to fully comply with the provisions of the law on food safety and be fully responsible for the legality of the declaration dossier and the quality and food safety of the declared products" (stipulated in the Self-declaration and Product Declaration of Decree 15/2018).

This regulation aims to attach responsibility for compliance with food safety conditions and responsibility for the safety of products produced and traded as stipulated in Point a, Clause 2, Article 7 and Point a, Clause 2, Article 8 of the Food Safety Law. The policy of self-declaration and registration of product declarations of Decree 15/2018/ND-CP is an advanced policy, approaching the food management methods of developed countries in the world. In these countries, enterprises are responsible for their own products, do not need to register with competent state agencies, only a few products with declarations related to disease support need to be approved by state agencies before being circulated on the market. According to the provisions of Clause 8, Article 40 of Decree 15/2018/ND-CP, the Provincial People's Committee is responsible for "Organizing the reception and management of dossiers, issuing Certificates of receipt of product declarations, Certificates of confirmation of advertising content for medical nutritional products, foods for special diets, nutritional products for children up to 36 months of age".

In addition, Decree 15/2018/ND-CP also clearly stipulates the responsibilities of ministries, branches and localities for the management of specific food groups and the responsibilities in inspection, examination and handling of violations. Clause 1, Article 40 of Decree 15/2018/ND-CP stipulates that the People's Committees at the provincial level shall perform state management of food safety at the local level, be responsible to the Government for food safety in the locality; organize the handling of violations of food safety laws according to regulations; be responsible to the Government and the law when violations of food safety laws occur in the locality.

Post-inspection of products after announcement is extremely important. The Ministry of Health, as the standing body of the Central Inter-sectoral Steering Committee on Food Safety, annually develops and issues a post-inspection plan for food production and trading establishments as a basis for ministries, branches and localities to develop and implement their plans; coordinates with other branches to strictly handle acts of false advertising and consumer deception. Specialized agencies of the Ministry of Health have signed a Memorandum of Cooperation in the fight against food safety crimes with agencies of the Ministry of Public Security, in which the Food Safety Department regularly coordinates closely with units of the Ministry of Public Security to conduct periodic and surprise inspections of food production and trading establishments under its authority; coordinates in professional activities, provides relevant documents for the police to use as a basis for prosecuting cases, especially in cases of production and trading of fake food and food containing prohibited substances.

In addition, the Ministry of Health has coordinated with the Ministry of Public Security and related ministries and sectors to study and propose increasing sanctions for administrative violations of food safety for groups of behaviors or violations; the Ministry of Public Security is proposing to amend the Penal Code for behaviors related to food safety - This will be an effective tool to strictly handle subjects who intentionally produce and trade in fake and unsafe food.

Every year, the Food Safety Department has documents directing the Department of Health of localities and the Department of Food Safety of Ho Chi Minh City to carry out post-inspection of food safety in the area. Specifically, from the beginning of 2025 to now, the Food Safety Department has issued 3 documents directing the post-inspection work in 2025, the implementation of the Food Safety Action Month associated with strengthening inspection, examination and strict handling of violations, requesting localities to review and provide information on the situation of receiving self-declaration dossiers and registering product declarations; granting certificates of food safety qualified establishments; the situation of inspection, examination and handling of violations for related establishments and products.

Regarding the case of large-scale production, trading and consumption of fake milk powder, operating in Hanoi and neighboring provinces, the Investigation Police Agency - Ministry of Public Security has initiated a case. The case is under investigation, the Ministry of Health has and will continue to closely coordinate with the Ministry of Public Security on professional issues so that the Ministry of Public Security has a basis to handle it in accordance with the law, clearly investigating the responsibilities of related organizations and individuals.

Ngoc Nga

Source: https://baophapluat.vn/bo-y-te-noi-gi-ve-vu-san-xuat-kinh-doanh-sua-gia-post545453.html