Issue food hygiene and safety certificates for food-preparing facility in Vietnam

Quality and food safety plays a special role in social life, not only directly affecting human health but also affecting economy, culture, tourism and social security and safety. Recognizing the importance of food hygiene and safety, law system has specific provisions on the issuing food hygiene and safety certificates, especially for food-preparing facility.

Legal basis

• Law on Food Safety 2010;
• Decree 15/2018/ND-CP detailing the implementation of a number of articles of the Law on Food Safety;
• Decree 115/2018/ND-CP Stipulating penalties for administrative violations of food safety;
• Circular 17/2023/TT-BYT Amending and supplementing and abolishing a number of legal documents on food safety issued by the Minister of Health

What is a food hygiene and safety certificate?

Food hygiene and safety certificate is a type of certification document issued by competent authorities to prove the safety, ensure the hygiene of products through rigorous testing and fully meet the standards of food hygiene and safety.

Food hygiene and safety certificate is one of the most important documents that a company or food manufacturing and trading enterprise needs to have to prove to customers about the quality and safety of the food products they provide.

Food-preparing facility concept (food preparing)

According to the provisions of Clause 4 Article 2 of the Law on Food Safety 2010, food-preparing facilities are organizations that process preliminarily processed food or fresh food by industrial or manual methods to form food raw materials or food products. Business organizations in this industry can be enterprises, households, business households, collective kitchens or other food-preparing facilities.

Conditions to issue food hygiene and safety certificate for food-preparing facility in Vietnam

Conditions for being issued a food hygiene and safety certificate. First of all, food-preparing facility must ensure food safety conditions. According to the provisions of Clause 6 Article 2 of the Law on Food Safety 2010, conditions for ensuring food safety are technical regulations and other regulations on food, food production and trading establishments and food production and trading activities promulgated by competent state management agencies for the purpose of ensuring safe food for human health and life.

Accordingly, conditions for ensuring food safety for food-preparing facility are detailed in Article 25 of the Law on Food Safety 2010. Specifically:

• Ensure the conditions specified in Article 19 of this Law.

• The preliminary preparing and processing must ensure that food is not cross-contaminated, exposed to polluting or toxic factors.

Article 19 of the Law on Food Safety sets out specific requirements for food-preparing facility such as:

• Appropriate location and area, with a safe distance from sources of toxicity, sources of pollution and other harmful factors;
• Have sufficient amount of water meeting technical standards for food production and trading;
• Regulations on appropriate equipment in the process of material handling, processing, packaging, storage and transportation of various foods;
• Having sufficient equipment, tools, washing and disinfection facilities, antiseptic water, equipment for preventing and combating insects and harmful animals;
• The requirements for waste treatment systems ensure environmental protection policies.

In addition, food-preparing facility must ensure food safety and keep documents of food raw materials origin and other on the entire food production and trading process. Along with that are regulations on compliance with health regulations, knowledge and practices of people directly producing and trading food.

In case a food-preparing facility is exported, it is necessary to meet additional requirements specified in Article 41 of this Law. In particular, exported products must conform to regulations on food safety of importing countries under contracts or international treaties or agreements on mutual recognition of conformity assessment results with relevant countries or territories.

In addition, in order to be issued a food hygiene and safety certificate, a food-preparing facility must ensure food safety conditions suitable to each type of food production and trading as prescribed in Chapter IV of the Law on Food Safety 2010 and have registered food business lines as detailed in Article 34 of the Law on Food Safety 2010.

Procedures for issuance of food hygiene and safety certificate for food-preparing facility in Vietnam

Dossier to issue food hygiene and safety certificate:

• Application for satisfaction of food safety conditions certificate according to Form No. 01, Appendix I, Decree No. 155/2018/ND-CP;
• A copy of the Business Registration Certificate or the Certificate of Business Registration with business lines suitable to the type of production establishment food (certified by the establishment);
• Blueprints of premises and areas.
• Production and business plan
• Diagram of food storage and production processes at the facility.
• Affidavit of facilities of the facility.
• Notarized copies of health certificates of the facility owner and employees directly working at the facility.
• Certificate of food safety and hygiene knowledge of the establishment owner and persons directly involved in production.
• Certificate of origin of raw materials and inspection of water source used.
• A written commitment to ensure food safety and hygiene according to the prescribed form.

Order to issue food hygiene and safety certificate for food-preparing facility in Vietnam

Step 1

Prepare relevant documents such as business registration certificate, food hygiene and safety certificate, production and business plan, training certificates,..

Step 2

Submit the dossiers of application for food hygiene and safety certificate to local health authority or directly submit them at this agency.

Step 3

The health authority will receive the application and check its validity. Within 05 (five) working days from the date of receipt of the dossier, the health agency shall check the validity of the dossier; In case the dossier is invalid, the competent agency must issue a written notice and request the establishment to supplement the dossier. After 30 (thirty) working days from the date of sending the notice of request for supplementation of dossiers but the establishment has no response, the competent authority issuing the certificate has the right to cancel the dossier.

Step 4

Health authorities conduct site inspections to assess the production environment, ensure food hygiene and safety conditions. Health authorities shall establish a physical appraisal team at the preparing facility. Within 15 working days from the date of receipt of complete and valid dossier inspection results, the competent agency shall organize the actual appraisal at the establishment

Step 5

After completing the inspection steps, the health authority will process the procedure and sign a food safety and hygiene permit if the dossier is complete and meets the requirements.

Step 6

Upon completion of the certification process, the regulatory body will conduct a review and evaluation of the application. The regulator will carry out additional checks or request additional information or documentation if necessary. At the same time, they can also hold an inspection at the food preparing facility to ensure that the preparing operation complies with regulations and standards.

Step 7

If your dossier fully meets the requirements of food hygiene and safety, and after the inspection and inspection process is completed, the regulatory agency will issue a food hygiene and safety certificate. The validity of the certificate of eligibility for food safety is 3 years. After issuing the permit, the authorities will conduct one more inspection. If the establishment violates regulations on production and business, the granted food safety and hygiene license will be revoked.

The above is necessary information related to regulations on issuance of food hygiene and safety certificate for food-preparing facility. If there are any difficulties in the process of establishing a company, please contact Viet An Law Firm for detailed advice!