Conditions for establishing a food trading company in Vietnam

Eating and drinking are among the most basic and urgent indispensable needs of humans, so the food business is always considered a potential and stable type of business serving the most basic human needs. No matter what era it is, humans always have a great demand for food. Therefore, the food business is always an extremely stable type of business. So, what are the Conditions for establishing a food trading company in Vietnam? To answer clients’ questions, Viet An Law Firm provides the article on the conditions for establishing a food trading company below.

Food trading company

Food trading company

Food trading is the implementation of one, many, or all activities of introduction, preservation services, transportation services, or trading of food. Currently, popular forms of food business include:

• Trading fresh food;
• Food preliminary processing and processing facilities;
• Trading processed food;
• Food and beverage services;
• Street food business.

Conditions for establishing a food trading company in Vietnam

Conditions for foreign investors

Investment conditions for foreign investors are the conditions that foreign investors must meet when carrying out investment activities in conditional business lines for foreign investors according to international treaties on investment, relevant laws, ordinances, and decrees. Accordingly, foreign investors when establishing a company must meet the following conditions:

Issuance of Investment Registration Certificate:

• According to current investment laws, foreign investors must have an investment project and carry out procedures for issuing an Investment Registration Certificate before establishing a food trading company in Vietnam.
• Import and distribution is an investment sector that Vietnam has committed to open its market to when joining the WTO. Accordingly, foreign investors from countries and territories that have joined the WTO will be allowed to trade food in Vietnam.

Regarding business items

Based on the Law on Investment 2020 and its accompanying appendices, the investment sector of food trading belongs to conditional business lines. Accordingly, when establishing a foreign-invested food trading company, it must ensure food safety conditions for food production and trading facilities.

Conditions for domestic investors

According to current laws, because the food business is an industry directly related to human health, business establishments must strictly ensure the following safety conditions:

Conditions for production and trading facilities

• Having an appropriate location and area, keeping a safe distance from toxic sources, pollution sources, and other harmful factors;
• The water source for food production and business meets technical regulations;
• Having adequate and suitable equipment for food processing, handling, packaging, preservation, transportation, and equipment and tools for disinfection, sterilization, or anti-insect and pest devices;
• The production facility meets the conditions for a waste treatment system;
• Must keep records on the origin of food ingredients and other documents on the entire process of food production and trading;
• Complying with regulations on health, knowledge, and practices of people directly producing and trading food.

Conditions for food preservation

• Preservation areas and vehicles must have a sufficiently large area;
• Preventing the effects of temperature, humidity, insects, animals, dust, strange odors, and negative environmental impacts on food.
• Ensuring sufficient lighting, having specialized equipment to adjust temperature, humidity, and other climatic conditions.
• Fully meeting ventilation equipment and other special preservation conditions as required for each type of food.

Conditions for food transportation

• Food transportation vehicles are made of materials that do not contaminate food or food packaging and must be easy to clean.
• Ensuring food preservation conditions during transportation.
• Do not transport food together with toxic goods, which can cause cross-contamination, or any other goods that affect the food.

Procedures for applying for a food hygiene and safety certificate

After fully preparing the above conditions, you must contact the food safety and hygiene management board to apply for a certificate of establishment meeting food safety and hygiene conditions. The preparation procedure will be as follows:

Dossier preparation

The dossier for a food safety license includes:

• Application for a certificate of establishment meeting food safety conditions.
• A copy of the business registration certificate (with registered food industry).
• Layout design of the food production and business facility.
• Explanation of facilities, equipment, and tools to ensure food hygiene and safety conditions as prescribed.
• Certificate of good health of the facility owner and employees directly producing and trading at the facility issued by a district-level or higher health agency.
• Certificate of food safety and hygiene knowledge of the facility owner and employees directly participating in production at the facility.
• Certificate of origin of raw materials and testing of the water source used.

Note:

Before applying for a certificate of establishment meeting food safety and hygiene conditions, the facility owner and employees working there must register to participate in food hygiene and safety knowledge training with the Food Safety Management Board of the province or city where the business facility is located.

Competent authorities to issue food hygiene and safety licenses

Competent authorities to issue

• The Ministry of Industry and Trade will have the authority to issue licenses for facilities producing alcohol, beer, beverages, processed milk, vegetable oil, flour, starch, cakes, jams, and candies.
• The Ministry of Agriculture and Rural Development will have the authority to issue certificates of eligibility for initial production facilities of agriculture, forestry, and fishery or salt, including the entire process from planting to harvesting and at wholesale markets, agricultural product auctions.
• The Food Safety Department of the Ministry of Health will have the authority to issue licenses for companies providing 300 meals/day or more. Facilities providing ready-to-eat meals; food and beverage services in hospitals, export processing zones, industrial parks, or collective kitchens, canteens of universities, colleges, and intermediate schools.

Note:

The food hygiene and safety license is valid for three years. After the certificate is issued, the functional agency will inspect it once more. If the facility violates regulations on production and trading, the issued license will be revoked.

Procedures for establishing a Vietnamese-invested food trading company

To establish a food trading company, you need to prepare the following steps:

• Prepare the establishment dossier.
• Submit the dossier to the Department of Finance (formerly the Department of Planning and Investment).
• Receive the Business Registration Certificate.
• Engrave the company seal and carry out some post-establishment procedures.

Note: From July 1, 2025, Hanoi and Ho Chi Minh City will not issue paper business registration certificates and replace them with digitally signed electronic versions; other provinces and cities will still issue paper versions as before. Enterprises can contact Viet An Law for the fastest and most accurate information updates.

List of food business lines

For the food business industry, when establishing, you can register some business lines as follows:

• Industry code 1079: Manufacture of other food products not elsewhere classified
• Industry code 4632: Wholesale of food
• Industry code 4711: Retail sale in non-specialized stores with food, beverages or tobacco predominating
• Industry code 4722: Retail sale of food in specialized stores

Above is the advice of Viet An Law on the conditions for establishing a food trading company in Vietnam. Customers who need advice on related procedures please contact Viet An Law Firm for the best support!