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: 9 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.

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
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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;


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

Thirdly, the Thesis studies viewpoints and solutions to improve
State management on food safety in Vietnam in Vietnam at present.
4. 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
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content of other chapters of the thesis.
During research, the author has studied legal documents,
scientific research titles, theses, references, monographs and journals

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

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author summarizes into judgments and assessments.
5. 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

Chapter 2. Theoretical issues of the State management on
food safety.
Chapter 3. Actual State management on food safety in
Vietnam.
Chapter 4. Viewpoints and solutions to improve efficiency of
the State management on food safety in Vietnam today.
Chapter 1
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

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
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value for Vietnam in improving efficiency of the State management
on food safety are mentioned by the author in the Thesis.
Fifthly, actual State management on food safety is mentioned by
the author in chapter 3 of the Thesis; analyzing, evaluating
achievements, shortcomings, limitations and reasons in: 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.
Sixthly, viewpoints by the Communist Party and the State of
Vietnam on the State management on food safety are specified by the
author in chapter 4: objective of protecting human rights, civil rights;


Chapter 2
THEORETICAL ISSUES OF STATE MANAGEMENT ON
FOOD SAFETY
2.1. Concept, characteristics and role of the State
management on food safety
2.1.1. Concept of State management on food safety
State management on food safety is exercising the State power
by the agencies in the State apparatus (mainly executive agencies),
representing the State power, mainly through the laws, to adjust
human behaviors and activities in the field of food safety in order to
meet human demands, assure the people’s health, maintain social
stability and development in human health.
2.1.2. Characteristics of State management on food safety
State management on food safety is realized by the competent
State agencies and individuals; State management on food safety
represents the State power; State management on food safety is
conducted by the subjects with executive power; State management
on food safety is always realized jointly by the State management
agencies in order to reach optimal efficiency.
2.1.3. Role of the State towards food safety
Firstly, the State plans and promulgates legal documents
related to food safety to guide food producers and traders through
making plans for producing clean and safe food. The State is the
connection that creates trust for consumers so that they feel more
assured to use products and services in the market. During integration
and development, the State must make sure that the food meets
international quality standard in import and export in foreign markets.
2.1.4. Principle of food safety management
Firstly, food safety assurance is the responsibility of all 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
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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;

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
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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

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
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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.

(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].
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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,

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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

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.
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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


Chapter 4
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

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
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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,