Với mục đích chính là bảo vệ sức khỏe và quyền lợi người tiêu dùng, Chính phủ đã ra Nghị định bắt buộc các cơ sở sản xuất, kinh doanh phải công bố sản phẩm trước khi lưu hành trên thị trường Việt Nam. Vậy thế nào là công bố chất lượng sản phẩm? Lợi ích và trách nhiệm của doanh nghiệp khi thực hiện công bố là gì? Làm thế nào để thực hiện công bố chất lượng sản phẩm thành công? Tất cả sẽ được giải đáp ngay sau đây, đừng bỏ qua nhé.
Công bố chất lượng sản phẩm là gì?
Công bố chất lượng sản phẩm được hiểu là việc các doanh nghiệp/công ty tiến hành làm trước khi đưa sản phẩm nhập khẩu/ sản xuất trong nước đưa vào lưu hành tự do tại thị trường Việt Nam. Hay nói cách khác, công bố chất lượng sản phẩm là việc các công ty cần phải làm để xin được giấy phép lưu hành sản phẩm.
Chủ thể thực hiện tự công bố chất lượng sản phẩm
Chủ thể thực hiện việc tự công bố chất lượng sản phẩm Các tổ chức, cá nhân sản xuất, kinh doanh thực phẩm. Chủ thể thực hiện thủ tục tự công bố chất lượng sản phẩm đối với hộ kinh doanh chính là chủ hộ kinh doanh.
Đối tượng thực hiện tự công bố chất lượng sản phẩm
Tổ chức, cá nhân sản xuất, kinh doanh thực phẩm thực hiện tự công bố với các đối tượng sau: Thực phẩm đã qua chế biến bao gói sẵn; Phụ gia thực phẩm; Chất hỗ trợ chế biến thực phẩm; Dụng cụ chứa đựng thực phẩm; Vật liệu bao gói tiếp xúc trực tiếp với thực phẩm.
Ví dụ như: các loại bánh kẹo, bim bim, đồ uống, cà phê, trà, sữa, xúc xích, lạp xường, gia vị, các sản phẩm thủy hải sản đã chế biến và đóng gói, phụ gia đơn chất, nguyên liệu để chế biến thực phẩm, bát đũa, xoong chảo, cốc ly, ống hút, túi nhựa đựng thực phẩm,v.v…
Đối với sản phẩm, nguyên liệu sản xuất, nhập khẩu chỉ dùng để sản xuất, gia công hàng xuất khẩu hoặc phục vụ cho việc sản xuất nội bộ của tổ chức, cá nhân không tiêu thụ tại thị trường trong nước được miễn thực hiện thủ tục tự công bố sản phẩm.
Trình tự thủ tục thực hiện tự công bố chất lượng sản phẩm
Bước 1: Tổ chức, cá nhân tự công bố sản phẩm trên phương tiện thông tin đại chúng hoặc trang thông tin điện tử của mình hoặc niêm yết công khai tại trụ sở của tổ chức, cá nhân và công bố trên Hệ thống thông tin dữ liệu cập nhật về an toàn thực phẩm.
Bước 2: Trong trường hợp chưa có Hệ thống thông tin dữ liệu cập nhật về an toàn thực phẩm thì tổ chức, cá nhân nộp 01 bản qua đường bưu điện hoặc trực tiếp đến cơ quan quản lý nhà nước có thẩm quyền do Ủy ban nhân dân tỉnh, thành phố trực thuộc trung ương chỉ định để lưu trữ hồ sơ và đăng tải tên tổ chức, cá nhân và tên các sản phẩm tự công bố trên trang thông tin điện tử của cơ quan tiếp nhận, trường hợp tổ chức, cá nhân có từ 02 cơ sở sản xuất trở lên cùng sản xuất một sản phẩm thì tổ chức, cá nhân chỉ nộp hồ sơ tại một cơ quan quản lý nhà nước ở địa phương có cơ sở sản xuất do tổ chức, cá nhân lựa chọn. Khi đã lựa chọn cơ quan quản lý nhà nước để nộp hồ sơ thì các lần tự công bố tiếp theo phải nộp hồ sơ tại cơ quan đã lựa chọn trước đó;
Bước 3: Ngay sau khi tự công bố sản phẩm, tổ chức, cá nhân được quyền sản xuất, kinh doanh sản phẩm và chịu trách nhiệm hoàn toàn về an toàn của sản phẩm đó;
Bước 4: Các tài liệu trong hồ sơ tự công bố phải được thể hiện bằng tiếng Việt; trường hợp có tài liệu bằng tiếng nước ngoài thì phải được dịch sang tiếng Việt và được công chứng. Tài liệu phải còn hiệu lực tại thời điểm tự công bố;
Bước 5: Trường hợp sản phẩm có sự thay đổi về tên sản phẩm, xuất xứ, thành phần cấu tạo thì tổ chức, cá nhân phải tự công bố lại sản phẩm. Các trường hợp có sự thay đổi khác, tổ chức, cá nhân thông báo bằng văn bản về nội dung thay đổi đến cơ quan quản lý nhà nước có thẩm quyền và được sản xuất, kinh doanh sản phẩm ngay sau khi gửi thông báo.
Thành phần hồ sơ tự công bố chất lượng sản phẩm
Hồ sơ tự công bố chất lượng sản phẩm gồm:
- Bản tự công bố sản phẩm theo Mẫu số 01 Phụ lục I ban hành kèm theo Nghị định 15/2018/NĐ-CP;
- Phiếu kết quả kiểm nghiệm;
- Các tài liệu trong hồ sơ tự công bố phải được thể hiện bằng tiếng Việt; trường hợp có tài liệu bằng tiếng nước ngoài thì phải được dịch sang tiếng Việt và được công chứng. Tài liệu phải còn hiệu lực tại thời điểm tự công bố.
Sau khi đã chuẩn bị và nộp hồ sơ lên cơ quan có thẩm quyền giải quyết thì trong 07 (Bảy) làm việc chủ thể thực hiện sẽ nhận được kết quả.
Trên đây là bài viết tư vấn về “Trình tự thủ tục tự công bố chất lượng sản phẩm” của Công ty Luật TNHH Apra. Quý khách hàng còn thắc mắc về các vấn đề nêu trên và cần được giải đáp, vui lòng liên hệ số hotline để được tư vấn và hỗ trợ.
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Mọi thông tin yêu cầu tư vấn xin vui lòng liên hệ :
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