Food Self-Declaration Full Service in Vietnam

Food self-declaration is a procedure in which food production and business enterprises themselves declare the quality and safety of their food. Accordingly, enterprises are responsible before the law for the declared information about their products. So, what should clients be aware of when self-declaring food? In the article below, Viet An Law Firm will provide clients with food self-declaration full service in Vietnam.

Why is food self-declaration necessary?

• Enterprises with food product declarations will establish a brand that ensures food product quality, meeting the minimum quality requirements of retailers in Vietnam
• Expanding the scope of product distribution and increasing the value of quality products compared to products without official declaration recognized by a competent authority.
• Enhancing brand reputation in communication and advertising campaigns;
• Facilitating business growth and export of goods to international markets
• Providing a competitive advantage over rival products that have not completed the declaration procedure.
• Helping competent authorities easily manage food safety issues, ensure consumer health, control product quality, and trace product origins during business operations.

Which foods require the self-declaration procedure?

Food items listed in the category allowed for self-declaration according to Article 4 of Decree 15/2018/ND-CP, as amended and supplemented by Decree 155/2018/ND-CP include:

Note: Except for the following products:

• Products and raw materials that are manufactured or imported for production or processing of exports or internal production and are not sold domestically are exempt from self-declaration.
• Products are subject to product declaration registration according to Article 6 of Decree 15/2018/ND-CP.

What documents are included in the self-declaration dossier?

According to Article 5 of Decree 15/2018/ND-CP, as amended and supplemented by Decree 155/2018/ND-CP, food self-declaration documents include:

• The self-declaration form;
• The food safety data sheet: Within 12 months before the self-declaration is made by a designated laboratory or a laboratory complying with ISO 17025; the datasheet must specify safety indicators prescribed by the Ministry of Health according to risk management principles under international regulations or standards applied by the supplier if relevant regulations of the Ministry of Health are not available (original copy or certified true copy).
• Power of attorney for Viet An Law to carry out the procedure.

Note:

• Self-declaration documents must be written in the Vietnamese language
• The documents in other languages must be translated into Vietnamese language and notarized.
• The documents must be unexpired when the self-declaration is applied.

Information and documents clients need to provide when using food self-declaration full service in Vietnam of Viet An Law Firm

When using Viet An Law Firm’s food self-declaration service, clients need to provide the following information and documents:

Information about organizations and individuals self-declaring food

• Name of organization or individual
• Address
• Phone number, E-mail
• Enterprise identification number
• Number and competent authority issuing Certificate of Establishment meeting food safety conditions (for organizations subject to issuance of Certificate of Establishment meeting food safety conditions according to regulations)

Information about food

• Product name
• Ingredient
• Product shelf life
• Packaging specifications and packaging materials
• Name and address of the product manufacturing facility (in case of renting a production facility)

Product label template

Attach a product label sample or proposed product label sample

Note some food safety standards

Organizations and individuals producing and trading self-declared food have to meet food safety requirements according to one of the following standards:

• National technical regulations;
• Circulars of ministries and branches; or Local technical regulations;
• National Standards (in case there are no National technical regulations, Circulars of ministries and branches, or Local technical regulations);
• Standards of the Codex Alimentarius Commission (Codex), Regional Standards, Foreign Standards (in case there are no National technical regulations, Circulars of ministries and branches, Local technical regulations, or National standards);
• Attached manufacturer standards (in case there are no National technical regulations, Circulars of ministries and branches, Local technical regulations, National standards, Standards of the Codex Alimentarius Commission  (Codex), Regional Standards, or Foreign Standards).

At what locations do organizations and individuals self-declare their products?

The self-declaration shall be posted through:

• Mass media or;
• The producer’s websites or;
• Publicly premises at their offices and declare through the food safety data system.

Note: If the food safety data system has not been established, organizations or individuals shall send 01 application by post or in-person to the competent authority assigned by the People’s Committees of provinces and central-affiliated cities for it to retain the application documents and post the self-declaration, including names of organizations or individuals and product information, on its website. Specifically, the agency’s authority is as follows:

How long does it take to carry out a food self-declaration?

With our extensive experience in handling self-declaration procedures for various products such as sticky rice cakes, confectioneries, vegetarian packaging, food additives,… Viet An Law Firm guarantees timely execution without any delays or extensions when you use our food self-declaration services.

Viet An Law Firm’s Food Self-Declaration Full Service in Vietnam typically supports completion within 07 to 15 days, depending on the results of testing for different types of food and the time to receive the complete dossier from the organization or individual. Specifically:

• Product testing time: 05 – 07 days from the date of sample receipt.
• Product quality declaration registration time: 05 – 07 days from the date of applying the dossier.

State fees for food self-declaration in Vietnam

There are no state fees for the self-declaration procedure. However, clients should be aware of the following costs:

• Organizations or individuals requesting sample collection and testing must bear the costs of sample collection, testing, label translation, and establishing criteria,…
• Fees for using Viet An Law Firm’s food self-declaration service. Viet An Law Firm will provide consultation on the dossier and procedure at a reasonable cost.

Steps for food self-declaration in Vietnam

What are the penalties for not food self-declaration?

Monetary fine

According to Clause 2, Article 3 and Clause 4, Article 20 of Decree 115/2018/ND-CP, as amended and supplemented by Decree 124/2021/ND-CP, if the enterprise producing food products does not have a product self-declaration by legal regulations, it may be subject to administrative fines.

The fine can range from 40 to 50 million VND for individuals or from 80 to 100 million VND for organizations.

Additional penalties and remedial measures

In addition, the enterprise may face additional penalties and remedial measures such as:

• Additional penalties: Suspension of part or all of the production activities for 01 to 03 months.
• Remedial measures: Mandatory withdrawal; mandatory change of intended use or recycling; mandatory destruction of the violating food products.

Commitments when using Viet An Law Firm’s food self-declaration full service

• Classifying products to determine the applicable declaration procedure.
• Consultation on food testing; translation of product labels, and product standards, such as for cake, snack, …
• Ensuring to preparation of a complete and accurate food self-declaration dossier based on the information provided by the client.
• Represent the client in applying the dossier, monitoring the procedure, and returning the results promptly.
• Service for Food Hygiene and Safety Certificate with the optimal timeline.
• Service for trademark registration related to food.

Clients who have related questions or need legal support for food self-declaration full service in Vietnam, please contact Viet An Law Firm for the best support!

Update: 8/2024