Food Safety Certificate Reissuance in Vietnam

Food safety certificates are considered one of the most important documents for production and business organizations and individuals. However, according to current law, the food hygiene and safety certificate (a.k.a Food Safety Certificate) is only valid for a certain period. Therefore, when this period expires, establishments need to re-register following the law. In the article below, Viet An Law will present legal issues related to Food Safety Certificate Reissuance in Vietnam.

Cases of reissuance of food hygiene and safety certificates

According to Article 37, Food Safety Law 2010 stipulates: “6 months before the expiration date of Food Safety Certificate, organizations and individuals producing and trading food must apply re-issuance of Certificate in case of continued production, business, etc..”

In addition, if the Certificate is lost or damaged; change of business location; change the name of the establishment, the establishment owner can also apply for a reissue of the Food Safety Certificate. Thus, in the above cases, production and business organizations and individuals must carry out re-issuance procedures.

Conditions for Food Safety Certificate Reissuance in Vietnam

Current legal basis for reissuing updated certificates

• Food Safety Law 2010, as amended and supplemented in 2018
• Decree 77/2016/ND-CP, as amended and supplemented several regulations on investment and business conditions in the fields of international goods trading, chemicals, industrial explosives, fertilizers, gas trading, and food business under the state management of the Ministry of Industry and Trade is amended and supplemented by Decree 17/2020/ND-CP.
• Decree 15/2018/ND-CP detailing the implementation of several articles of the Food Safety Law, as amended and supplemented in Decree 155/2018/ND-CP.
• Circular 279/2016/TT-BTC regulates the rates, collection, remittance, management, and use of fees in food safety work, as amended and supplemented by Circular 67/2021/TT-BTC.

To be reissued with a food safety certificate, the establishment must first meet the conditions for a food safety certificate.

General conditions

Has registered food business in the Enterprise Registration Certificate and has been granted a business license. Specifically, it is stipulated in Article 24 of Decree 77/2016/ND-CP regulating business investment conditions in the field of food safety under the management responsibility of the Ministry of Industry and Trade as follows:

• Food production and business establishments subject to being required to issue a food safety certificate: Have sufficient conditions to ensure food safety appropriate to each type of food production and business products according to general regulations in Sections 2 and 3, Chapter VI of Decree 77/2016/ND-CP.

Specific Conditions

Article 34 of the Law on Food Safety stipulates the conditions for establishments to be granted a food safety certificate as follows: “Having sufficient conditions to ensure food safety by the food safety regulations each type of food production and trading according to the provisions of Chapter IV of this Law”. Specifically:

Conditions for ensuring food safety in the production and trading of fresh food are specified in Articles 23 and 24 of the Law on Food Safety

• Conditions for ensuring food safety for fresh food production facilities.
• Conditions for ensuring food safety for fresh food businesses.

Conditions for ensuring food safety in preliminary processing, food processing, and processed food trading are specified in Articles 25, 26, and 27 of the Law on Food Safety

• Conditions for ensuring food safety for food processing and processing establishments
• Conditions for ensuring food safety for raw materials, food additives, food processing aids, and micronutrients used for food processing
• Conditions for ensuring food safety for processed food businesses

Conditions for ensuring food safety in the food service business are specified in Articles 28,29, and 30 of the Law on Food Safety

• Conditions for ensuring food safety for food processing and service businesses
• Conditions for ensuring food safety for food processing and service establishments
• Conditions to ensure food safety in food processing and preservation

Conditions for ensuring food safety in street food business are specified in Articles 31, 32, and 33 of the Food Safety Law

• Conditions to ensure food safety for places selling street food
• Conditions for ensuring food safety for ingredients, eating utensils, food containers, and street food traders.

Which agency has the authority to reissue food safety certificates?

Article 35 of the Food Safety Law 2010 does not clearly state the competent authority to re-issue the Food Safety Certificate but will be the Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Food Safety. The Ministry of Industry and Trade will specifically regulate the authority to grant and reissue Certificates of food safety conditions in the assigned management fields as follows:

• Clause 1, Article 6 of Circular 43/2018/TT-BCT, regulates subjects who are granted certificates of establishments meeting food safety conditions under the management authority of the Ministry of Industry and Trade, including establishments production of food products with design capacity, chain of food business establishments.
• The Ministry of Agriculture and Rural Development reissues certificates of establishments meeting food safety conditions for assigned food production and business establishments such as Cereals, Meat and meat products, seafood and aquatic products,…
• The Ministry of Health is responsible for issuing or reissuing food hygiene and safety certificates in assigned and managed fields, including Food additives, food processing aids, bottled drinking water, functional foods,…

Procedures for Food Safety Certificate Reissuance in Vietnam

Application for reissuance of food hygiene and safety certificate

Pursuant to Clause 2, Article 37 of the Food Safety Law 2010, regulations on the validity period of the Certificate of establishment meeting food safety conditions clearly state: “Documents, order and procedures for re-issuance are carried out comply with the provisions of Article 36 of this Law.”

Procedures for reissuance of food hygiene and safety certificate

Pursuant to Clause 2, Article 36, Food Safety Law 2010, procedures for re-issuance of food safety certificates will be conducted in compentent authority of Ministry of Health, Ministry of Industry and Trade, Ministry of of Agriculture and Rural Development. The time exucutive is regulated as follows:

• Valid Application: issue Food Safety Certificates within 15 working days.
• Unvalid Application: request supplement, or issue refusal written within 3 working days.

Frequently Asked Questions

How much are the state fees when applying to reissue a food safety certificate?

Based on the fee schedule for food safety work in Circular 279/2016/TT-BTC amended and supplemented by Circular 67/2021/ND-CP, the first-time certification fee is 150,000 VND each time. In case you need to re-issue or renew the certificate, it is 150,000 VND each time. In addition, depending on each different business establishment, appraisal fees also vary. For example:

• Fee for appraisal of small-scale production establishments with a food safety certificate: 500,000 VND/time/facility.
• Appraisal of food business establishments with more than 200 meals: 1,000,000 VND/time/establishment.

How long is the food hygiene and safety certificate valid for?

Pursuant to Clause 1, Article 37, Food Safety Law 2010 clearly states: “The certificate of establishment meeting food safety conditions is valid for 03 years“. While the certificate is still valid, competent state management agencies will conduct periodic inspections and/or unexpected inspections.

How long does it take to process an application to re-issue a food hygiene and safety certificate?

20 working days from receipt of application, including:

• 15 working days, the competent state agency will actually inspect the conditions to ensure food safety and hygiene at the facility
• The Food Safety Department issues a certificate to the establishment within 05 days

Consulting services for Food Safety Certificate Reissuance in Vietnam by Viet An Law

• Consulting on applying for a food hygiene and safety certificate;
• Help clients prepare documents to apply for a food safety certificate;
• Consulting on conditions and procedures for reissuing food safety certificates;
• Support customers in drafting the above documents;
• Regular consulting package for businesses that need food hygiene and safety certificates.

If you need advice on Food Safety Certificate Reissuance in Vietnam or using other consulting services, please contact Viet An Law for the most effective, quick and detailed advice.