Traditional cake proclamation in Vietnam

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.

Benefits of proclaiming traditional cake in Vietnam

• For Producers: Affirm the quality of Chung cake products, building trust among consumers, distributors, and agents. This helps establish a reputable and high-quality brand, enhancing competitiveness, expanding the market, and increasing revenue for the business.
• For Consumers: Reassurance about the quality of the Chung cake they purchase, ensuring consumer health.
• For State Management Agencies: Facilitates the management and control of the quality of Chung cake products sold in the market.

When does business have to proclaim Chung cake?

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:

• Pre-packaged processed foods;
• Food additives;
• Food processing aids;
• Food containers;
• Packaging materials that come into direct contact with food.

Since Chung cake is a pre-packaged processed food, it must be proclaimed before production and sale.

Dossier for traditional cake proclamation in Vietnam

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:

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.

Procedure for traditional cake proclamation in Vietnam

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:

Step 1: Testing of Chung cake products

• The enterprise prepares a sample of the Chung cake product and sends it to testing Authorized Centers recognized by the Ministry of Health for product testing.
• The testing period is approximately 05 – 07 working days.
• The compliant test results will be used to compile the proclamation dossier for Chung cake products.

Step 2: Preparation of the traditional cake proclamation dossier for Chung cake products

The organization or individual proclaiming the Chung cake product prepares the dossier, which includes the documents and papers as outlined above.

Step 3: Traditional cake proclamation in Vietnam for Chung cake products

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.

Step 4: Conducting business opertation

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.

Related questions

Is it mandatory to submit the product proclamation to a state agency?

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.

What are the penalties for not declaring Chung cake products?

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:

• Supplementary penalties: Suspension of part or all production activities for 01 – 03 months.
• Remedial measures: Compulsory recall; compulsory change of usage purpose or recycling or destruction of Chung cake products.

When is it necessary to re-declare Chung cake products?

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:

• Change in product name
• Change in product origin
• Change in product composition

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.

Product proclamation service by Viet An Law Firm

• Advising on conditions, procedures, and processes related to the proclamation of Chung cake products.
• Analyzing the testing criteria for Chung cake; representing Clients in testing at certified units.
• Translating product labels, and creating supplementary label information.
• Drafting the proclamation dossier for Chung cake products.
• Representing Clients to submit and follow up on the proclamation dossier until it is published.
• Service for obtaining a Food Safety Certificate.
• Service for registering trademark protection related to Chung cake products..

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.