Quản lý nhà nước về an toàn thực phẩm ở việt nam hiện nay tt tiếng anh

VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES BUI THI HONG NUONG STATE MANAGEMENT ON FOOD SAFETY IN VIETNAM TODAY Major: Constitutional Law and Administrative Law Code: 38 01 02 SUMMARY OF DOCTORAL THESIS IN LAW Hanoi, 2019 Made at Vietnam Academy of Social Sciences Graduate Academy of Social Sciences Scientific supervisors: Assoc Prof PhD Vu Thu Reviewer 1: Reviewer 2: Reviewer 3: The thesis is defended in the presence of the Academy-level Council of Thesis Examiners at Vietnam Academy of Social Sciences, Graduate Academy of Social Sciences, located at 477 Nguyen Trai, Thanh Xuan, Hanoi At……(hour)…….(min), (day) ……(month)……2019 The thesis is found in the following libraries: - Library of Vietnam Academy of Social Sciences - National Library of Vietnam PREAMBLE Necessity of the title Food safety is of special importance to the human health and the society Food safety assurance now receives special attention from many countries including developed and developing countries, especially Asian countries where strong socioeconomic development is seen Increased concentration of residential areas in urban areas, cities and industrial parks under modernization as well as expansion of international exchange has required each country not only to increase quantity of produced food but also to assure safe quality and highly nutritional value for domestic and export consumer’s food Since Vietnam’s official membership of the World Trade Organization (WTO), food safety quality control has received special attention because of its role Therefore, faced with integration and globalization trend, Vietnam has become an official member of WTO and realized AFTA As a result, production and processing of high quality food that meets consumer’s demands and food safety quality become quite necessary Over the past years, the Communist Party, the Government and the State of Vietnam has paid attention to guiding the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Science and Technology through actively and proactively carrying out State management activities in the field of food safety assurance for the people Institution, administrative apparatus, personnel and public finance have been gradually consolidated to basically meet the State management requirements and international integration in terms of food safety assurance At present, Vietnam is now facing many big changes, including matters related to food safety assurance for the society such as quick growth of quantity and scale of food production, processing and trading facilities; diversification of food items; diversification of product users and food supply services; economic integration in multilateral goods exchange in the world, etc Besides, in some places, fruit and vegetable are poisoned by toxic chemicals; cattle, poultry and seafood meat in some production facilities have residual antibiotic and hormone; chemicals and additives in food processing and storage are not used correctly; trading food and catering service at marketplaces, streets, tourism resorts, festivals, schools and hospitals have not been managed well; food poisoning at collective kitchens, industrial parks and schools still occurs, affecting the people’s health and economic and tourism development as well as urban civilization Fake food with poor quality and food trafficked across border have not been controlled strictly; legal violations have not been handled timely and strictly Environmental sanitation and food safety have not been controlled strictly Over the past time, the State management on food safety, apart from achievements, has remained much limited and inadequate For example, although awareness of the leaders, mangers, producers, traders and consumers has gained initial improvements, it is not yet sustainable, especially in the present market economic condition; legal documents on food safety lack uniformity; apparatus organization of the State management on food safety from the Central government to local governments are inconsistent; the role of People’s Committees at levels has not been brought into full play; annual State budget for food safety assurance has not been unable to meet actual demands and mobilize social resources; inspection and dealing with violations on food safety have not followed hard on actual development of the country; communication and education on food safety have not been efficient For these above reasons, the author has selected the research title: “State management on Food safety in Vietnam today” for the Doctoral thesis in Law This title is of theoretical and practical significance at present Research purposes and tasks 2.1 Research purposes General purpose: General purpose of the thesis is to put forth viewpoint and solution to improve efficiency of the State management on food safety in the present period based on analyzing and clarifying theoretical and practical aspects of the State management on food safety in Vietnam and experience of some countries in the world Specific purpose: To obtain general purpose, it is necessary to realize the following specific purposes: Firstly, the Thesis evaluates domestic and foreign researches related to the State management on food safety, determines research questions and research hypothesis Secondly, the Thesis formulates the concept of State management on food safety, characteristics and role of the State management on food safety, points out necessity of the State management on food safety in Vietnam at present Thirdly, the Thesis analyzes advantages and disadvantages of the State management on food safety in Vietnam over the past time Fourthly, the Thesis puts forth viewpoints and proposes solution to improve efficiency of the State management on food safety in Vietnam in the coming time 2.2 Research task In order to obtain the above purpose, research task of the title focuses on the following matters: Firstly, surveying domestic and foreign researches related to the research title, pointing out findings and contents to inherit and develop and new contents to be resolved by the thesis Secondly, studying theoretical basis of the State management on food safety: concept, characteristics, role, principle, method and tools of the State management on food safety; contents of the State management on food safety; determinants on efficiency of the State management on food safety; experience of some countries in the State management on food safety, reference value for Vietnam in improving efficiency of the State management on food safety Thirdly, analyzing actual State management on food safety in: formulating and promulgating policies and laws; organizing compliance with the laws on food safety; inspecting and solving complaints and denunciations against food safety violators; penalizing violations by food processing facilities and conducting international cooperation in the field of food safety Fourthly, based on analysis, pointing out limitations and gaps in the State management at present to propose solutions to improve efficiency of the State management on food safety Proposing such solutions as completing legal documents; organizing follow-up; organizing communication and education; fortifying regional integration and cooperation; optimizing international support in food safety assurance; applying food safety standards; socializing food safety Research object and scope of the thesis 3.1 Research object Research object of the title is legal documents on food safety; scientific works, reports, summary and evaluation documents on the State management on food safety; content of the State management on food safety, actual State management on food safety by agencies and organizations at present 3.2 Research scope In terms of time: The thesis studies the State management on food safety from 2010 (since the Law on food safety) to 2017 In terms of space: State management on food safety at the State management agencies such as Ministry of Health, Ministry of Agriculture and Rural Development and Ministry of Science and Technology However, within research scope of the Thesis, the author focuses on studying the State management by the Ministry of Health in the field of food safety The Thesis studies the State management on food safety in some countries The Thesis doesn’t study other fields related to health In terms of content: Firstly, the Thesis studies theoretical issues of the State management on food safety Secondly, the Thesis studies actual State management on food safety in Vietnam Thirdly, the Thesis studies viewpoints and solutions to improve State management on food safety in Vietnam in Vietnam at present Methodology and research method of the thesis 4.1 Methodology The Thesis employs dialectical materialism and historical materialism methodology to make sure that the perception about the State management on food safety always assures logics between visual perception and thinking and practice, in the dialectical relationship among divisions in the same system, between the system and the surrounding environment and in accordance with its movement rules 4.2 Specific research method To realize the content of the Thesis, the author employs the following specific research methods: Information collection: collecting 2nd level information and data based on announced documents or statements other than the information initially collected by the author This method is employed in all chapters of the thesis and focuses on the chapter concerning overview of research This method is employed in surveying researches related to the title, analyzing main contents, used methods and conclusions reached as well as points subject to further research in previous researches Through employing this method, the author has inherited some basic contents related to the State management on food safety and applied to analyzing the content of other chapters of the thesis During research, the author has studied legal documents, scientific research titles, theses, references, monographs and journals related to the State management on food safety Analysis, summarization: This method is used mainly in Chapter and Chapter of the thesis Analysis is firstly dividing the overview of the research object into simpler components and aspects to study, detect attributes and nature of such factors, thereby enabling us to understand the research object more coherently, understand the complicated overview from such factors Analysis is aimed at finding the general from the specific, finding the nature from phenomena and finding the common from the characteristic Summarization is summarizing the results of studying single aspect and single matter to gain comprehensive and proper perception on the general, thereby studying each research object Analysis method is employed to make more profound assessment on different aspect of the State management on food safety whereas summarization method is used to generalize analysis results to put forth general judgments and assessments on the State management on food safety in the whole of different relationships and aspects of the State management on food safety in Vietnam at present Analysis and summarization are also used to evaluate achievements and limitations, inadequacies in the State management on food safety over the past years Logic - historic method: State management on food safety by periods In each period, based on theories, application results and practice, appropriate solutions are proposed Therefore, the author uses this method to study chapter 1, chapter 2, chapter and chapter of the Thesis Statistical and description method: Quantitative information collected from statistical documents concerning the State management on food safety is used, processed, arranged and simulated in the form of tables, schedules and diagrams to prove quantitative evidence about analyses or judgments on the State management on food safety Inductive and interpretation method: During research, the author comes from the specific to the general, from single objects to common principles Besides, the author uses interpretation method in studying the State management on food safety Based on the data collected by the author mainly from the Ministry of Health, the Government’s reports, the author summarizes into judgments and assessments New scientific contributions by the thesis 5.1 New theoretical contributions Firstly, the Thesis clarifies and deepens theoretical issues concerning the State management on food safety The Thesis puts forth some scientific concepts, some scientific conclusions, thereby contributing to completing theory and improving efficiency of the State management on food safety Secondly, the Thesis clarifies the content concerning the State management on food safety (Formulating and promulgating policies and laws on food safety; organizing compliance with the laws on food safety; inspecting and solving complaints and denunciations against food safety violators; penalizing violations by food processing facilities; conducting international cooperation in the field of food safety.); studies experience of the State management on food safety in developed countries and EU countries and reference value for Vietnam Judgments and evaluations by the Thesis provide researchers, managers and especially policy makers of the State authorities with comprehensive and complete view on the regulations, application of the State management on food safety 5.2 New practical contributions Firstly, the Thesis contributes to changing awareness and action for the leaders, managers, producers and traders involved in food safety Secondly, the Thesis proposes solutions to improve efficiency of the State management on food safety in Vietnam, in accordance with international practices, creating uniform and comprehensive legal basis that meets practical requirements at present; creating favorable conditions for the people’s health assurance Thirdly, the Thesis is an in-depth scientific research with theoretical and practical value, serving as a basis for developing further researches Theoretical and practical significance of the thesis Research findings of the thesis are important contributions to the theoretical development of the State management on food safety, thereby contributing to improving theoretical awareness of role and value of the State management on food safety in Vietnam The Thesis can be used as reference for the State management on health; as teaching reference for training classes on food safety for health officials; teaching reference for training classes for the officials involved in the State management on food safety and officials at the State administrative authorities Structure of the thesis Apart from the Preamble, Conclusion, List of references, Appendix, the Thesis is comprised of chapters: Chapter Overview of research Chapter Theoretical issues of the State management on food safety Chapter Actual State management on food safety in Vietnam Chapter Viewpoints and solutions to improve efficiency of the State management on food safety in Vietnam today Chapter OVERVIEW OF RESEARCH 1.1 Research situation 1.1.1 Domestic research situation Firstly, the group of researches related to the theory of the State management on food safety In general, such researches have pointed out the urgency of food safety; administrative reform on food safety; role of officials towards food safety Secondly, the group of researches related to actual State management on food safety In general, such researches have studied actual food safety management in some places (Tuyen Quang); evaluated the Law on food safety, points out some conclusions and recommendations However, such researches fail to analyze the State management on food safety practically and comprehensively Thirdly, the group of researches related to solutions to the State management on food safety In general, such researches have proposed such solutions as Completing organization and operation of the administrative apparatus for food safety assurance in Health sector, gradually completing health laws through formulating and promulgating legal documents, accomplishing food safety and hygiene inspection system in Vietnam Health sector 1.1.2 Foreign research situation In general, foreign researches have mentioned food safety, food poisoning, reason for food poisoning and street food Main contents regarding the State management on food safety have not been studied scientifically, comprehensively and fully by such researches Therefore, further research on the State management on food safety in Vietnam and experiences of other countries in this regard is necessary 1.2 Assessment on research situation On the one hand, researches have systematized basic theory of food safety, consequences of food poisoning for individuals and the society; general issues on health laws; determinants on the State management on food safety, necessity for fortifying the role of State management on food safety; management principles and food safety assurance conditions On the other hand, researches have studied actual food safety in some places such as Thai Nguyen, lack of food safety in agricultural production; food processing; food business and circulation in the market; imported and exported food; knowledge, practice by groups of objects involved in food supply chain However, over the past time, there has been no in-depth scientific angle of Law, the contents of the Thesis such as characteristics, form, method, content of the State management on food safety; actual State management on food safety in Vietnam over the past time; solutions to improve efficiency of the State management on food safety in Vietnam are not mentioned in previous scientific works The above researches have provided an important basis for the author to conduct an in-depth research on the State management on food safety in Vietnam today research on the State management on food safety From the 1.3 Issues subject to further research 1.3.1 Issues subject to further research Firstly, the Thesis continues to complete basic theory of the State management on food safety: concept, characteristics, role, principle, method and tools of the State management on food safety Secondly, the Thesis continues to study practical State management on food safety as follows: Formulating and promulgating policies and laws; organizing compliance with the laws on food safety; dealing with violations by food processing facilities; conducting international cooperation in the field of food safety Thirdly, the Thesis studies determinants on efficiency of the State management on food safety today such as Guidelines of the Communist Party and the State of Vietnam; policies and laws as legal framework for food safety Fourthly, experience of some developed countries and developing countries on the State management on food safety, reference 2.1.5 Form of State management on food safety Firstly, promulgating general and key decisions; Secondly, promulgating normative decisions; Thirdly, promulgating specific documents applying legal norms 2.1.6 Method of State management on food safety Firstly, based on the nature of impact, State administrative management methods are classified as: administrative method and economic method Secondly, based on the level of impact, State administrative management methods are classified as: adjustment method, general leadership method and direct management method 2.1.7 Tools of State management on food safety State management on food safety uses the main following tools: Policy, law; planning, plan 2.2 Content of State management on food safety 2.2.1 Formulating and promulgating policies and laws on food safety Firstly, formulating and guiding through implementing development strategy and plan; Secondly, formulating and promulgating legal documents on food safety 2.2.2 Organizing follow-up of laws on food safety Firstly, building management apparatus and officials for food safety management; Secondly, building, improving quality and responsibility of management officials in the State administrative agencies for food safety; Thirdly, organizing and creating favorable conditions for Vietnamese agencies, organizations and individuals 2.2.3 Inspecting and solving complaints and denunciations against food safety violators Firstly, inspecting food safety violators; Secondly, inspecting compliance with laws at food processing facilities; Thirdly, inspecting production and processing at food processing facilities; Fourthly, solving food safety complaints and denunciations 2.2.4 Penalizing violations by food safety processing individuals and facilities Penalizing administrative violations in the field of food safety is the fact that the competent person applies methods of penalizing and remedying consequences to the individuals and organizations 11 committing administrative violations in the field of food safety under the laws 2.2.5 International cooperation in the field of food safety At present, WHO (World Health Organization) has formulated food safety strategies for the West Pacific region in order to reduce incidence and mortality rates due to food poisoning 2.3 Determinants on efficiency of the State management on food safety in Vietnam today Guidelines of the Communist Party and the State of Vietnam on food safety assurance; Policies and laws as legal framework for food safety; State management officials on food safety; People’s intellectual standard and social support; Equipments and means; Coordination by the State management agencies; International cooperation 2.4 Experience of the State management on food safety in some countries and reference value for Vietnam 2.4.1 Experience of State management on food safety in some countries The thesis studies experience of developed countries and EU countries 2.4.2 Reference value for Vietnam concerning State management on food safety: It is necessary to establish a food control system in the following principle: analyzing threat, accessing and managing the system of “preventing, controlling and handling” and controlling the whole food cycle from “farm to dining table”; it is necessary to establish a uniform system of legal regulations; establish a food safety management and control apparatus with a single unified contact with food safety management agency like in the USA 12 Chapter ACTUAL STATE MANAGEMENT ON FOOD SAFETY IN VIETNAM 3.1 Actual food safety in Vietnam today 3.1.1 Food poisoning In Vietnam, according to the Government’s report, in the period of 2011 - 2016, all over the country, there were 1,007 food poisoning cases with 30,395 people infected and 164 dead people Food poisoning due to microorganism was found in 405 people 18,913 people were infected with food poisoning and 05 people died Food poisoning due to chemicals and natural toxin in the period of 2011 - 2016 was found in 324 people 3,646 people were infected with poisoning and 146 people died; food poisoning due to undefined reasons was found in 268 people 7,836 people were infected with poisoning and 13 people died [35] 3.1.2 Prevention of food poisoning and food infections According to the survey at 06 Specialized Institutes and Thua Thien Hue Center for Drug, Cosmetic and Food Testing, the units have made their plans, 1143 food samples in 13 groups of food samples with 28 monitoring targets, 164/1143 samples were found unqualified (14.3%) In the localities, 9,685 food samples were monitored with 85.8% sample subject to regular monitoring Monitored food samples are mainly domestic food (occupying 99.97%) The rate of samples tested at the Preventive Health Center is 59.53% The rate of samples subject to quick test is 29.49% and the rate of samples tested at regional Institutes and other units is 29.98% [35] 3.2 Actual laws on State management on food safety 3.2.1 Laws on food safety management apparatus Over the past time, the Law on food safety has been promulgated and development documents have also been promulgated and optimized: Decrees, Circulars and instructive documents 3.2.2 Form and method of State management on food safety Form of State management on food safety: Normative decisions are promulgated: Documents related to food safety such as 13 1) Law on food safety 2010; Decree No 15/2018/ND-CP dated 02/02/2018; Decree No 115/2018/ND-CP dated 04/9/2018 Specific documents on application of legal norms are promulgated Method of State management on food safety: Apart from promulgating documents to regulate and exercise State management on food safety, the State administrative agencies have adopted such methods as Administrative method and Economic method 3.3 Practical State management on food safety 3.3.1 Formulation and promulgation of policies and laws on food safety Formulation, guidance through implementing development strategy and plan; Preparation, verification and promulgation of legal documents on food safety have been gradually realized under a unified and strict process because the laws on promulgating documents are also gradually established, creating favorable conditions for implementers to contribute their ideas to draft documents 3.3.2 Compliance with the laws on food safety 3.3.2.1 Management apparatus establishment At the Central level, under the Law on food safety, State management on food safety is assigned to three Ministries: Ministry of Health, Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade as shown in Article 62, Article 63 and Article 64 of the Law in the management principle based on food supply chain with each group of food and business lines The Ministry of Health bears responsibility to the Government for unified State management on food safety At each Ministry, there is a unit assisting the Minister in conducting State management on food safety At local level, People’s Committees at various levels conduct State management on food safety within their local scope Provincial People’s Committee is assisted by the Department of Health, Department of Agriculture and Rural Development, Department of Industry and Trade and Department of Health District People’s Committee is assisted by professional agencies under District People’s Committee including Division of Health, Division of Agriculture and Rural Development or Economic Division Communal, ward and town 14 Health Centers only have officials taking charge of health fields, including food safety There are no food safety officials 3.3.2.2 Food safety management personnel According to statistical table 3.2, i) number of officials all over the country involved in State management on food safety is 5212 people, including 120 full-time officials at Central level, occupying 2.30% These officials take charge of formulating policies and legal documents and bylaws in order to manage and regulate food safety towards subordinate agencies; ii) At provincial level: 60 Departments of Food Safety have 2,373 full-time officials, occupying 14.74% As such, each department as 19 full-time officials on average; iii) at district, it is estimated that throughout the country, there are 1,949 people involved in food safety quality management, occupying 12.10% of total food safety officials (3 officials per district on average); iiii) at communal level, it is estimated that throughout the country, there are 11,516 people involved in food safety quality management, occupying 71.54% (1.05 person per commune on average) (non-specialized) These people are not paid salary because agencies at communal/ward level are not entrusted with food safety management 3.3.2.3 Organization and creation of conditions for food processing facilities to exercise rights and responsibilities under the laws In 2010, the Law on food safety was promulgated, serving as the document with the highest legality in the field of food safety today Besides, related Ministries and sectors promulgated a wide range of Decisions and Circulars Interdisciplinary coordination in food safety management at the Central level Interdisciplinary coordination in food safety management is realized consistently under the guidance of the Central Interdisciplinary Guidance Board on Food Safety, focusing on interdisciplinary inspection on food safety, dealing with food safety troubles, solving difficulties in assignment and decentralization Under the guidance by the Central Interdisciplinary Guidance Board on Food Safety, the Ministry of Health - Ministry of 15 Agriculture and Rural Development - Ministry of Industry and Trade have coordinated in formulating the Law on food safety 3.3.2.5 Compliance with the laws on food safety in food processing and business According to the reports by 63 provinces/cities all over the country, by the end of 2016, in spite of tremendous efforts, so far, only 163,877 facilities with food safety eligibility have been licensed The reason is that physical conditions of food processing and trading facilities have limited hygiene The governments at various levels have not actually embarked in whereas personnel in this field remains deficient, especially at communal and ward level 3.3.2.6 Budget for State management on food safety Budget for food safety remains inconsiderable: 1) Central budget (from nonbusiness expenditure source, National target program for food safety): 1,369.770 billion VND; 2) Local budget: (from nonbusiness expenditure source, National target program for food safety): 122.8 billion VND; 3) Revenue reserved for food safety management (fines from administrative violations): 1,053.22 billion VND; 4) Other financial sources (international funding, contributions by organizations or individuals): about 5,410 billion VND (Report by the Ministry of Finance) [35] 3.3.2.7 Physical facilities and equipment for State management on food safety At the Central level, the units directly under the Ministry have basically been provided with working head office with sufficient working equipments and conditions to carry out their tasks Specialized testing divisions have been invested and upgraded basically to meet the task requirements State budget for building and completing technical facilities and infrastructure for food safety in the period of 2011 - 2016 is 416.7 billion VND 3.3.2.8 Communication of the laws on food safety At the Central level, in the period of 2011 - 2016, relevant units of three sectors: Health, Agriculture and Rural Development, Industry and Trade verified documents and issued Confirmation of food advertisement content to 14,978 documents of domestic and imported food production and trading facilities [35] 16 3.3.3 Inspection and handling of complaints and denunciations against food safety violators 3.3.3.1 Inspection over compliance with the laws at food processing facilities Annual inspection over food safety is realized under the Plan by the Central Interdisciplinary Guidance Board on Food Safety, especially at the Lunar New Year and the Action Month for Food Safety and Mid-Autumn Festival In the period of 2011 - 2016, the whole country set up 153,493 interdisciplinary inspection groups attended by relevant sectors: Health, Agriculture and Rural Development, Industry and Trade, Public Security, Science and Technology, Education and Training Inspection was done at 3,350,035 facilities, detecting 678,755 violating facilities, occupying 20.3% [35] 3.3.2 Inspection and handling of administrative violations According to statistics from the reports made by 45 provincial/city People’s Committees, in the period of 2011 - 2016, there were 124,957 food safety inspection groups in 45 provinces; 436,311 violations, 211 billion VND as fines, 24,748 tons products destroyed Violations were mainly found in hygiene conditions, equipments, labeling, food advertisement, food with poor quality and unclear origin 3.3.3.3 Settlement of complaints and denunciations against food safety violators In the period of 2011 - 2016, according to statistics from provinces, relevant agencies received 85,050 complaints, denunciations and motions including some crowed delegations In addition, relevant sectors received 180 letters of complaint, denunciation within the competence of administrative agencies at various levels (70,042 letters of complaint and 523 letters of denunciation) [35] 3.3.4 Handling of violations by food processing facilities For the first time, food safety violation is defined in Article 317 of the Criminal Code 2015 under the Law on amending some articles of the Criminal Code 100/2015/QH13 on “Food safety violation” Different penalties depend on the level of violation 17 According to statistics from Food safety inspection from 2011 to 2016, among 678,755 violating facilities, only 136,545 facilities were handled, occupying 20.1% with average fine of 200,000 VND per case [35] 3.3.5 International cooperation in the field of food safety For international cooperation and WTO membership, Vietnam has had many projects and Agreements Vietnam joins WTO as a member Vietnam has been unable to undertake food safety projects The reason is that international food safety standards are difficult to apply in Vietnam and infeasible; the State management apparatus from the Central level to the local level is not uniform and unified; the laws of Vietnam have no strict regulations and execution is not effective 3.4 Assessment on actual State management on food safety 3.4.1 Achievements Firstly, in terms of formulation and promulgation of legal documents on food safety Statistics from Ministries and People’s Committees of 63 provinces/cities, in the period of 2011 - 2016, Vietnamese legal system on food safety had 158 legal documents promulgated by the central agencies Secondly, in terms of State management apparatus on food safety Food safety management agencies have been established, including Sub-Department of Food Safety, Sub-Department of Quality Control of Agriculture, Forestry and Aquatic Products; SubDepartment of Market Management with clear and specific task assignment among such Sub-Departments under the Law on food safety and bylaws Thirdly, in terms of inspection system At the Central level: Department of Food Safety is assigned to inspect food safety from 01/11/2008 with functions, tasks, authority, personnel organization and working relationship of Inspector of the Department regulated in the Decision No 1919/QD-BYT Until now, Department Inspector has 12 officials Fourthly, handling of food safety violations Application and compliance with regulations on penalizing administrative violations in food safety over the past years have been considered, communicated and followed up by Party committees, heads of relevant units with active achievements, contributing to control food 18 poisoning and increased administrative violations in the field of food safety Fifthly, in terms of communication and education on food safety Communication and education to improve the people’s awareness of knowledge and laws on food safety have been considered and maintained regularly by the governments at various levels, creating food safety awareness changes for managers, producers - traders and consumers Sixthly, inspection and post-check Inspection and post-check after food safety inspection system have been better than in the past; this work has been gradually kept in good order, especially intensified interdisciplinary coordination, avoiding overlapping and improving working quality 3.4.2 Shortcomings, limitations and reasons 3.4.2.1 Shortcomings and limitations Legal documents on food safety Law on food safety 2010 is the document with highest legality in the field of food safety However, during implementation, this Law shows some limitations State management apparatus on food safety Food safety management officials remain deficient in quantity and poor in qualifications In particular, officials at grassroots level have no intensive knowledge on food safety, which makes document understanding and application incorrect and inefficient Compliance with the laws on food safety Compliance with the laws in many localities remains formalistic, spreading and unqualified Violations are not publicized and handled strictly Production and trading facilities are not encouraged to make safe food Food safety inspection Coordination mechanism between specialized inspectors and market management agencies, People’s Committees at various levels and agencies, organizations related to food safety inspection has not been regularly in details, resulting in many inadequacies in food safety inspection Food safety violation handling Handling of violations is not resolute, especially at communal and ward levels because relevant officials lack professional capacity and tend to avoid collision during inspection In particular, at communal level, there are no food safety officials 19 Communication and education on food safety Information remains inaccurate or unreliable, unscientific, affecting production, business and the people’s trust in food safety management State management agencies on food safety Such agencies are not compatible with their tasks; forces are dispersed in many ministries and sectors, units; thus, the implementation is not uniform and inefficient Limited coordination between State management agencies on food safety Many Interdisciplinary Guidance Boards on Food Safety have not worked effectively Many officials have not followed hard on implementation process, resulting in low efficiency In particular, at communal and ward level, most officials in the Guidance Board have to assume other positions, thus they have not concentrated on their work Investment expenditure for food safety management has not met requirements Implementation rate remains low due to reduction and delay in funding 3.4.2.2 Reasons Firstly, the awareness of some Party committees, governments, officials and managers on the role of food safety is not sufficient; the force in charge of executing State management tasks remain weak; Secondly, State management apparatus on food safety remains weak, dispersed and not uniform; Thirdly, food safety inspection force remains inconsiderable, especially at district and communal levels (district health sector has not specialized inspection network, communal health sector has food safety officials who have to undertake other positions); Fourthly, Food safety quality control apparatus from the Central level to the local level has been formulated and completed to carry out their functions and tasks Fifthly, experience of food safety management officials has not met task requirements and international and regional integration trend Sixthly, food safety management officials remain deficient in quantity and weak in qualification Seventhly, inspection and handling of food safety violations remain limited Capacity of inspection groups at district and communal levels remains limited, thus impossible to detect all violations or handle such violations thoroughly 20 Chapter VIEWPOINTS AND SOLUTIONS TO IMPROVE EFFICIENCY OF STATE MANAGEMENT ON FOOD SAFETY IN VIETNAM TODAY 4.1 Viewpoint of improving efficiency of the State management on food safety 4.1.1 Assuring people’s right to healthcare Food safety assurance for people’s health assurance is the investment in the country’s socioeconomic development, improvement of life quality for each individual and each family 4.1.2 Assuring right to business freedom and maintenance of healthy competitive environment in the field of food safety Firstly, the State assures business freedom right for production and business facilities In fact, at present, production and business facilities must base on the Law on food safety and subsequent instructive documents while basing on the Corporate Law 4.1.3 Socializing food safety Main objective of socializing food safety quality is to improve awareness, attitude and behavior of all members in the society towards food safety quality so that they observe the State laws and regulations issued by competent authorities in order to assure public health and personal health 4.1.4 Intensifying inspection and handling of violations committed by production and business facilities and supporting them in improving their responsibility and professional capacity 4.1.5 Compliance with international practice Main agreements of WTO include: Agreement on technical barriers in trade (TBT), Agreement on the application of sanitary and phyto-sanitary measures (SPS), Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) and General Agreement on Trade in Services (GATS) 4.2 Solutions to improve the State management on food safety in Vietnam today 4.2.1 Group of solutions to complete the laws 4.2.1.1 Completing regulations in the documents on food safety Further formulating and completing policies and laws on encouraging development of organic, green and clean agriculture; 21 encouraging food production, processing and investment on a large scale under production chain with assured food safety 4.2.1.2 Completing institutions and policies Further implementing the policy of encouraging enterprises to invest in agriculture and rural areas such as land use charge exemption; State land rental and water rental exemption; Land concentration support, etc 4.2.2 Group of solutions on follow-up 4.2.2.1 Organizing the State management apparatus on food safety Improving, defining responsibilities of relevant sectors from the Central level to the grassroots level in inspecting and controlling food production, processing and import before circulation and consumption 4.2.2.2 Improving quality of the State management officials on food safety Firstly, improving human resources in food safety assurance by developing quantity, improving quality and efficiency in use Secondly, improving efficiency of leader and manager training 4.2.2.3 Finance Financial source is a necessary condition for maintaining the State management apparatus and deploying activities in the State management on food safety Investing in upgrading and expanding head office and laboratories of food safety management authorities from the Central level to the local level to meet task requirements Modernizing existing laboratories towards the laboratories of regional countries 4.2.2.4 Inspecting and checking food safety Regularly inspecting and checking the compliance with production processes under the regulations on food safety quality at food production, processing, trading and service facilities; avoiding unfinished implementation 4.2.2.5 Handling violations At present, handling violations upon detecting food safety violations remains weak Economic violation penalization is more than education and encouragement, thus exerting great influence on the mood of violators Therefore, there should be strong sanctions so 22 that producers, processors and traders shall respect the laws on food safety and consumers 4.2.2.6 Solving motions, complaints and denunciations on food safety Food safety inspectors continue to complete ongoing inspections; concurrently, conducting inspections as scheduled and unexpectedly; intensifying guidance, inspection and speeding up activities of inspection groups, deploying and finishing as scheduled, inspecting with proper content, scope, clear inspection result and legal recommendations 4.2.3 Group of solutions on food safety communication and education Coordinating strictly with social - occupational groups and organizations, residential community to communicate the laws on food safety to all people so that the people shall not join and support trafficking, trade fraudulence and production and business of dirty and unsafe food Intensifying communication and education in order to raise the awareness of the whole society, enterprises and people on food safety, guidelines, policies, laws and necessary knowledge on food safety 4.2.4 Intensifying regional integration and cooperation; optimizing international support on food safety assurance Optimizing projects, improving efficiency of international support through improving coordination among SPS projects and programs funded by foreign countries and Vietnam 4.2.5 Adopting food safety standards At present, many countries and markets accept clean standard at the level of safety assurance for consumers and have worked out many management measures in order to control food safety strictly such as GMP, GAP, SQF, HACCP and ISO 22000 4.2.6 Socializing food safety The State entrusts some specific tasks in the field of food safety to specialized associations; concurrently encouraging preparation of private laboratories to check food safety quality 23 CONCLUSION State management on food safety plays a very important role in regulating the economy in a certain pattern Operations by the State management authorities are guiding, all for human health and the society Actual food safety in Vietnam is a picture with various colors With the efforts made by sectors, levels, there are many noteworthy achievements However, there are also problems and threats to the consumer’s health and life, socioeconomic development and social security In particular, in the integration period, there are many threats and challenges for food safety sector in Vietnam Among numerous theoretical and practical efforts contributing to improving efficiency of the State management on food safety in Vietnam, the research has presented the theory of food safety, principle and content of State management on food safety; determinants and experience of State management on food safety in some countries and lessons for Vietnam; analyzed practical State management on food safety in Vietnam in the present context; proposed some solutions to contribute to improving efficiency of State management on food safety in Vietnam in the coming time as follows: group of solutions to complete the laws; group of solutions to follow-up; group of solutions to food safety communication and education; intensifying regional integration and cooperation; optimizing international support in food safety assurance; applying food safety standards; socializing food safety In order to obtain the above research results, during research, the author has combined research methods: Document survey method, statistical and description method, sociological survey method, observation and analysis method based on dialectical materialism and historical materialism methodology of MarxismLeninism 24 LIST OF ANNOUCED WORKS BY THE AUTHOR RELATED TO THE THESIS Bui Thi Hong Nuong (2017), Improving efficiency of State management on food safety and hygiene State Management Journal, ISSN 0868-2828, issue (255), pp 78-82 Bui Thi Hong Nuong (2017), Improving legal management on food safety State Management Journal, ISSN 0868-2828, issue (258), pp 85-90 Bui Thi Hong Nuong (2015), (title member): Describing threats and determinants on microorganism and chemical pollution for ice water at some ice water facilities in Hanoi city in 2015 PhD Nguyen Thanh Phong and PhD Lam Quoc Hung as title manager Scientific title at grassroots level Bui Thi Hong Nuong (2014), (title member): Assessing plant chemical pollution hazard in some common vegetables at the terminal markets of Hanoi city in 2014 PhD Tran Quang Trung as title manager Scientific title at grassroots level Bui Thi Hong Nuong (2013), (title member): Assessing disease burden of acute diarrhea due to food in some localities in 2013 PhD Tran Quang Trung as title manager Scientific title at grassroots level Bui Thi Hong Nuong (2014), (title member): Assessing disease burden due to unsafe food in some medical units and localities in 2012 PhD Tran Quang Trung as title manager Scientific title at grassroots level Bui Thi Hong Nuong (2011), (title member): Assessing actual production, business and use of functional food in Hanoi city and Ho Chi Minh city in 2011 and proposing some solutions Master Le Van Giang as title manager Scientific title at grassroots level ... 4.2.5 Adopting food safety standards At present, many countries and markets accept clean standard at the level of safety assurance for consumers and have worked out many management measures in order... threats and determinants on microorganism and chemical pollution for ice water at some ice water facilities in Hanoi city in 2015 PhD Nguyen Thanh Phong and PhD Lam Quoc Hung as title manager... safety management must be based on relevant technical standards and regulations promulgated by the competent State management agencies and standards applied by producers 10 2.1.5 Form of State management