Dissemination of China's two Orders No. 248 and 249

On October 25^th, Vietnam SPS Office, in collaboration with the NHO, set up an online forum on exportation to the Chinese market. The purpose is to guide businesses to meet the new standards under Orders No. 248 and 249, which will come into effect on January 1^st, 2022.

After China used the single-gate mechanism on food safety management for exports, the General Administration of Customs of this country advocated food safety supervision on a proactive basis. "China wants to carry out assessment right from the exporters’ side instead of checking at the border gate. The country will closely evaluate businesses’ export profile," said Mr. Le Thanh Hoa. Director of Vietnam SPS Office.

In April 2021, the General Administration of Customs of China issued Order No. 248 on "Regulations on Registration Management for Foreign Imported Food Manufacturers", and Order No. 249 on "Measures on Import-Export Food Safety Management". These two orders will take effect from January 1^st, 2022. The General Administration of Customs of China also issued Note 353 at the end of September 2021 to guide exporters on the procedures, time and validity of registration.

Many Vietnamese exporters were confused upon receiving the news that China issued these two orders. The Vietnam SPS Office shared that from the beginning of October 2021, the office had received hundreds of calls every day asking questions about this issue. As a result, the forum on October 25^th was a solution that the office came up with in order to give out a quick, specific, and detailed answer.

"Originally we only have more than one day to prepare. Fortunately, Vietnam SPS Office has agreed to guide and create conditions for businesses to send the list to China before November 1^st," said Mr. Hoang Ba Nghi, General Director of NHO, on behalf of Vietnamese enterprises exporting to the Chinese market.

According to Mr. Nghi, the content and registration procedures for enterprises to export to China are not complicated. The problem is that businesses need to register properly and early with the respective competent authorities in the area.

Mr. Le Thanh Hoa, Director of Vietnam SPS Office emphasized several key points:

The first is the work diary. Exporters need to keep a close eye on this issue because China can perform field inspections and online inspections. If the requirements are not met, the enterprise may be removed from the export list.

The second is that the General Administration of Customs of China has not required enterprises to complete the dossier immediately. Businesses first need to send registration to the competent authorities in October 2021. On this basis, the competent authorities will summarize and submit the list to China before November 1st.

One of the businesses’ most concerned issues is the "competent authorities" in Vietnam that undertake the task of summarizing the list.

According to Dr. Ngo Xuan Nam, Deputy Director of Vietnam SPS Office, the competent authorities are:

Department of Plant Protection, National Agro-Forestry-Fisheries Quality Assurance Department, Department of Animal Health (MARD);

Department of Food Safety (Ministry of Health);

Department of Science and Technology (Ministry of Industry and Trade).

Mr. Nam emphasized another information that if the application is sent to China before November 1st, enterprises exporting to China will enjoy many incentives. In particular, businesses only need three types of documents, including the business registration certificate, food safety certificate, and commitment paper.

In order to promptly compile the list of registrations, the Vietnam SPS Office requested the Department of Agriculture and Rural Development, the Department of Industry and Trade, and the Department of Health to notify businesses with corresponding export items in the area.

"Registration before November 1^st is like the business holding a slot to export to China. The application procedure is also simple. Businesses, upon meeting this deadline, will have their dossier completion deadline extended until June 2023," said Mr. Nam.

China stipulates 18 groups of goods that enterprises must register under Orders No. 248 and 249. If enterprises have registered four groups of products, including meat and meat products, aquatic products and milk, swallow's nest and products from swallow's nest, the registration will continue to be valid.

The remaining 14 commodity groups include: intestines, bee products, eggs and egg products, cooking oils and oils, stuffed flour, edible cereals, industrial cereal products and malt, fresh and dehydrated vegetables, dried beans, spices, nuts and seeds, dried fruits, cocoa beans and unroasted coffee beans, special diet food and health protection food.

The competent authorities of Vietnam summarize from January 1^st, 2017 up to the present date and send to the General Administration of Customs of China a list of all enterprises that have exported according to the corresponding form.