Authority to revoke the Certificate of Food Safety under Circular 31/2023/TT-BYT

On December 30, 2023, the Minister of Health issued Circular 31/2023/TT-BYT, which stipulates the authority to revoke the Certificate of Food Safety. Revocation will be carried out when an establishment fails to meet food safety and hygiene requirements or when the certificate has expired as prescribed by law. To clarify the above issues, Viet An Law Firm will provide information for clients about the authority to revoke the Certificate of Food Safety under Circular 31/2023/TT-BYT.

Basic information about Circular 31/2023/TT-BYT on the authority to revoke the Certificate of Food Safety

• Document number: 31/2023/TT-BYT.
• Issuance date: December 30, 2023.
• Effective date: February 15, 2024.
• Document type: Circular.
• Issuing agency: Ministry of Health.
• Signer: Do Xuan Tuyen.

What is a certificate of food safety?

A certificate of food safety is a document issued to establishments and businesses producing or trading food products/services by the Authority to revoke the Certificate of food safety state authorities.

Food safety certificates serve two main purposes:

• Protecting consumer health: A food safety certificate is the basis for competent authorities to control food quality, ensuring that food is produced and traded following regulations and is safe for consumers.
• Facilitating food production and business activities: A food safety certificate is one of the mandatory conditions for food production and business establishments to operate.

Points to note in the authority to revoke the Certificate of Food Safety under Circular 31/2023/TT-BYT

Scope of regulation and subjects of application

According to Clause 1 Article 1 Circular 31/2023/TT-BYT, the scope of this Circular is to regulate the competence to revoke certificates of food safety eligibility under the management of the Ministry of Health. In addition, according to clause 2 of this Article, this Circular applies to Vietnamese agencies, organizations, and individuals and foreign organizations and individuals engaged in food production, trading, and import in Vietnam; state management agencies; and organizations and individuals carrying out food safety-related activities in Vietnam under the management of the Ministry of Health.

Competence to revoke certificates of food safety

According to Article 2 of this Circular, the issuing agencies may revoke the issued certificates of food safety eligibility.

According to Article 35 of the Law on Food Safety, there are 3 competent authorities to grant and revoke food safety certificates, including:

• The Ministry of Health,
• The Ministry of Agriculture and Rural Development,
• The Ministry of Industry and Trade.

Grounds for revocation of certificates of food safety eligibility

The authority agencies shall revoke certificates of food safety eligibility upon the inspection or upon receiving a request from inspection agencies if detecting that an establishment fails to meet the following conditions: (i) Being not qualified for assuring food safety for food production, processing, and trading suitable to each type of production prescribed in the Law on Food Safety and other relevant legal regulations; (ii) Not registering food business line in its business registration certificate/enterprise registration certificate.

Establishments that do not meet food safety requirements for production and processing

Specifically, the following establishments do not meet the following food safety requirements:

For food service businesses, according to Articles 28, 29, and 30 of the Law on Food Safety, food processing places and people directly processing food must be trained in food safety knowledge and have the establishment owner confirm that they do not have cholera, dysentery, typhoid, hepatitis A, E, infectious dermatitis, tuberculosis, or acute diarrhea while producing and trading food.

• Kitchens are arranged in a way to ensure that unprocessed and processed food is not cross-contaminated.
• Having sufficient technically qualified water for food processing and trading.
• Having hygienic devices for collecting and containing garbage and waste.
• Sewers in the areas of shops and kitchens must be drained without any stagnancy.
• Eating rooms must be airy, cool, sufficiently lit, and kept clean and have equipment to prevent insects and harmful animals.
• Having food preservation equipment and toilets and collecting waste and garbage daily.
• Heads of units having collective kitchens shall take responsibility for food safety.
• Registered food business line in business registration certificate.

For food production and trading establishments, according to Articles 19, 20, 21, 22, 25, 26 and Article 27, specific requirements are as follows:

• Food production processes are arranged in a one-way flow from raw materials to finished products.
• Walls, ceilings, and floors in production, business, and storage areas are waterproof, crack-free, and mold-free.
• Equipment and utensils that come into direct contact with food are easy to clean, non-toxic, and do not contaminate food.
• Boots or shoes are provided for exclusive use in food production areas.
• Ensure that there are no insects or pests in production areas and food storage areas; do not use chemicals to kill rats, insects, and pests in production areas and food storage areas.
• Chemicals for other purposes are not displayed in establishments that sell food additives or processing aids.

However, individuals directly involved in production and business must be trained in food safety and certified by the establishment owner and must not be suffering from cholera, dysentery, typhoid, hepatitis A, E, infectious dermatitis, pulmonary tuberculosis, or acute diarrhea while producing or trading food.

• There must be a suitable location and area with a safe distance from sources of toxicity, pollution, and other harmful factors.
• There must be sufficient water that meets technical standards for food production and business.
• There must be adequate and appropriate equipment for processing, packaging, storing, and transporting various types of food; there must be adequate equipment, utensils, and means for washing and disinfecting, disinfectants, and equipment for preventing insects and pests.
• There must be a waste treatment system that is operated regularly under environmental protection regulations.
• Maintain conditions to ensure food safety and keep records of the origin and source of food ingredients and other documents related to the entire food production and business process.
• Comply with regulations on the health, knowledge, and practices of individuals directly involved in food production and business.

Establishments that do not register food business activities in their business registration certificate

Currently, according to the law, all enterprises, when newly established or when adding or changing business lines, must register under the 4-digit industry code of the Vietnamese economic sector system. Therefore, enterprises registering to conduct food business must first register the industry code specified in Decision 27/2018/QD-TTg, which stipulates the list of business industry codes.

Examples of industry codes:

• 1010: Processing and preserving meat and meat products
• 1040: Processing and preserving fruits and vegetables
• 1071: Production of bakery products

For establishments that do not meet the above requirements, the competent authority, as prescribed, will revoke the Certificate of Food Safety.

Effective date and implementation

Circular 31/2023/TT-BYT takes effect from February 15, 2024.

The Ministry of Health assigns the Department of Food Safety to preside over, and coordinate with relevant agencies to disseminate, guide, and implement; the Departments of Health and Food Safety Management Agencies of provinces and centrally-run cities are responsible for organizing the implementation. If there are any difficulties or obstacles during the implementation process, agencies, organizations, and individuals are requested to report to the Ministry of Health (Department of Food Safety) for consideration and resolution.

If you need advice on food safety regulations, regulations of related amending decrees, civil law, and business law, please contact Viet An Law Firm for the best support.