Individuals, organizations and businesses operating in the production and trading of food products and catering services need to apply for a certificate of eligibility for food safety. In addition, for real production facilities, this is also a basic condition for organizations and individuals to register for product announcement later. After 16 years of operation, Viet An Law is proud to be one of the leading reputable and competent law firms in the field of applying for a certificate of food safety eligibility as well as consulting on legal issues arising in the course of business activities of hundreds of thousands of food businesses across the country.
Legal basis
Law on Food Safety 2010;
Decree 15/2018/ND-CP;
Decree 115/2018/ND-CP.
What is a certificate of food hygiene and safety in Vietnam?
Certificate of food hygiene and safety is a type of license issued by a competent state agency to companies, individual business households having activities of food business, food production, restaurants, coffee shops, processing facilities, etc., in order to these establishments can fully meet the conditions of food hygiene and safety in order to ensure the interests of consumers and at the same time serve the management of food.
Food production and trading establishments must have a certificate of food hygiene and safety in Vietnam
Food service establishments and food processing establishments include: shops, stalls dealing in instant food, cooked foods, restaurants, ready-to-eat meal processing establishments, canteens and cafeteria.
Food business establishment means the performance of one, several or all of the activities of introducing, preserving, transporting or trading food such as: a food production establishment, a grocery store, supermarkets, markets.
If the above establishment has been granted one of the Certificates: Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Points (HACCP), ISO 22000 Food Safety Management System, International Food Standard (IFS), Global Standard for Food Safety (BRC), Food Safety System Certification (FSSC 22000) or its equivalent will not have to go through the procedure for issuing certificates of qualified establishments for food safety.
Conditions for granting the Certificate of food safety
Food service establishments and food processing establishments must satisfy the following conditions:
The kitchen is arranged to ensure that there is no cross-contamination between unprocessed food and processed food.
There is enough water meeting technical standards for processing and trading.
Having tools for collecting and storing garbage and waste to ensure hygiene.
Drains in shop and kitchen areas must be clear and not stagnant.
The cafeteria must be airy, cool, well-lit, maintain a clean hygiene regime, and take measures to prevent harmful insects and animals.
There are equipment for food preservation, toilets, hand washing and daily cleaning of waste and garbage.
The head of the unit having a collective kitchen is responsible for ensuring food safety.
Having registered the food business lines in the Business Registration Certificate.
Food production and trading establishments must ensure the following conditiCons:
Having an appropriate location and area, having a safe distance from toxic sources, pollution sources and other harmful factors;
Having enough water to meet technical standards for food production and trading;
Having adequate equipment suitable for raw material handling, processing, packaging, preservation and transportation of various foods; have sufficient equipment, tools, means of washing and disinfecting, antiseptic water, equipment for prevention and control of insects and harmful animals;
Having a waste treatment system and operating it regularly in accordance with the law on environmental protection;
Maintain conditions to ensure food safety and keep records on the origin and origin of food materials and other documents on the entire process of food production and trading;
Comply with regulations on health, knowledge and practice of people directly producing and trading food.
Having registered the food business lines in the Enterprise Registration Certificate.
Authority to issue certificates of food safety
The Department of Health issues certificates of eligibility for food safety to food service establishments and food processing establishments.
The Department of Industry and Trade issues certificates of satisfaction of food safety conditions to food production and trading establishments.
Dossier of application for a Certificate of eligibility for food safety
An application form for a Certificate of food safety;
Copy of Enterprise Registration Certificate;
An explanation of the facilities, equipment and tools to ensure food hygiene and safety conditions as prescribed by the competent state management agency;
Certificate of full health of the establishment owner and person directly producing and trading food, issued by a district-level or higher-level medical facility;
Certificate of training in food safety knowledge of the establishment owner and of the person directly producing and trading food according to regulations of the Minister of specialized management.
Note:
All officers and employees in the unit applying for a certificate of eligibility for food safety must be healthy enough to ensure the operation of the establishment. Health examination for officials and employees is one of the mandatory requirements in the procedure for applying for a Certificate of food safety.
At the same time, officials and employees of the establishment must participate in training on knowledge of food safety and hygiene. The establishment owner will have to undergo a test related to food safety and hygiene.
The process of applying for a Certificate of eligibility for food safety
Step 1: Submit the application file at the competent state agency as instructed above
Step 2: Receive and process dossiers: Within 15 working days from the date of receipt of complete and valid dossiers, competent state agencies shall physically inspect food safety assurance conditions at production establishments, food business.
Step 3: Issue a Certificate of food safety if all conditions are met.
Handling violations of regulations on food safety
According to Article 18, Decree No. 115/2018/ND-CP stipulating penalties for administrative violations on food safety as follows:
A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on acts of providing food and beverage services without a certificate of establishment meeting all food safety conditions, except for cases not subject to a certificate of establishment. The establishment meets the food safety conditions as prescribed by law and violates the provisions of Clause 2 of this Article.
A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for producing and trading in food without a Certificate of food safety eligibility, except for cases not subject to a Certificate of food safety and violate the provisions of Clause 3 of this Article.
A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for producing health-protective foods without a Certificate of eligibility for food safety meeting the requirements of good manufacturing practice (GMP). food to protect health according to the route prescribed by law.
Remedial measures:
Forcible recall of food for violations specified in Clauses 2 and 3 of this Article;
Forcible change of use purposes or recycling or forcible destruction of food for violations specified in Clauses 2 and 3 of this Article.
Term of Certificate of food safety qualified establishment
03 years from the date of issue.
Note: Before 06 months from the date on which the Certificate of food safety expires, organizations and individuals that produce and trade in food must submit an application for re-issuance of the Certificate in the next case. continue production and business.
Service of applying for a Certificate of food hygiene and safety in Vietnam of Viet An Law
Advising customers on the conditions to be granted a Certificate of food safety;
Prepare documents and submit applications on behalf of customers for a Certificate of food safety at a competent state agency;
Exchange and update information for customers during the procedure;
Receive and give back to customers the Certificate of food safety establishments;
Consulting on legal issues related to business activities of enterprises.
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