Proclamation for Chung cake, a traditional cake in Vietnam, is indispensable for customer demand during the Vietnamese Lunar New Year and in daily life. Making a Chung cake requires a lot of time and effort. Especially in today’s busy life, not everyone has the time to make these cakes to meet their needs. Therefore, many enterprises are now engaged in the production and business of Chung cake. To produce and sell Chung cake, enterprises must complete the product proclamation procedure before launching their products on the market. Currently, Chung cake production enterprises can proclaim their products. In the article below, Viet An Law Firm will clarify this issue for you.
Table of contents
According to Clause 1, Article 4 of Decree No. 15/2018/ND-CP, amended and supplemented by Decree No. 155/2018/ND-CP, food production, and business organizations and individuals must proclaim (except for products exempt from the proclamation and must register product declaration) the following products:
Since Chung cake is a pre-packaged processed food, it must be proclaimed before production and sale.
According to Clause 1, Article 5 of Decree No. 15/2018/ND-CP, amended and supplemented by Decree No. 155/2018/ND-CP, the proclamation dossier for Chung cake includes:
| No. | Type of document | Quantity | Prepared by |
| 1 | Product proclamation for Chung cake according to Form No. 01, Appendix I issued with Decree No. 15/2018/ND-CP | 01 original | Viet An Law Firm |
| 2 | Food safety testing result certificate for Chung cake within 12 months up to the date of submission, issued by a designated testing laboratory or a laboratory accredited for ISO 17025 compliance | 01 original or certified copy | Client |
| 3 | Power of Attorney authorizing Viet An Law to carry out the procedure | 01 original | Viet An Law Firm |
Note: The above documents must be presented in Vietnamese. In the case of documents in foreign languages, they must be translated into Vietnamese and notarized. Additionally, the documents must be valid at the time of proclamation.
Based on the provisions of Clause 2, Article 5 of Decree No. 15/2018/ND-CP, as amended and supplemented by Decree No. 155/2018/ND-CP, the process for proclaiming Chung cake products is carried out as follows:
The organization or individual proclaiming the Chung cake product prepares the dossier, which includes the documents and papers as outlined above.
The organization or individual can proclaim their Chung cake products using the following methods:
Additionally, organizations and individuals must announce on the updated Food Safety Data Information System. If there is no updated Food Safety Data Information System, the organization or individual shall submit one dossier by post or directly to the competent state management agency designated by the People’s Committee of the province for filing and publishing the name of the organization, individual, and the proclaimed Chung cake product on the website of the receiving agency.
Note: In the case where an organization or individual has more than two production facilities producing Chung cake, the organization or individual only needs to submit the dossier to one local state management agency where the production facility is located, as chosen by the organization or individual.
Immediately after proclaiming Chung cake products, organizations and individuals have the right to produce and sell their Chung cake products and are fully responsible for the safety of these products.
According to Point a, Clause 2, Article 5 of Decree 15/2018/ND-CP, as amended and supplemented by Clause 1, Article 3 of Decree 155/2018/ND-CP, it is not mandatory for enterprises to submit the product proclamation to state management agencies. Instead, enterprises can declare on the updated Food Safety Data Information System.
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, producing Chung cake products without the required product proclamation can result in administrative fines ranging from VND 40 – 50 million (for individuals) or VND 80 – 100 million (for organizations).
In addition, organizations and individuals may also face supplementary penalties and remedial measures:
According to Clause 4, Article 5 of Decree 15/2018/ND-CP, organizations and individuals must re-declare Chung cake products in the following cases:
For other changes, organizations and individuals only need to notify the competent state management agency in writing about the changes and can produce and sell the product immediately after sending the notification.
The above is Viet An Law’s consultation on the proclamation of Chung cake products. If you require advice on the traditional cake proclamation in Vietnam, please contact Viet An Law for the most efficient and prompt consultation.
