PROCEDURE FOR OBTAINING FOOD SAFETY CERTIFICATION FOR ESTABLISHMENTS

1. Legal Basis

- Law on Food Safety No. 55/2010/QH12 dated June 17, 2010;

- Decree 15/2018/ND-CP dated February 2, 2018, detailing the implementation of some provisions of Law on Food Safety.

2. What is Food Safety

According to Clause 1, Article 2 of the Food Safety Law 2010, Food Safety means ensuring that food does not harm human health or life.

3. Validity Period of the Food Safety Certificate for Establishments

According to Article 37 of the Law on Food Safety 2010, the Food Safety Certificate for establishments is valid for 03 years..

Before 06 months from the expiration date of the Food Safety Certificate, organizations or individuals involved in food production and business must submit an application for the reissuance of the certificate if they wish to continue their production and business activities.

4. Entities Not Required to Obtain a Food Safety Certificate for Establishments

According to Article 12 of Decree 15/2018/ND-CP, the following establishments are not required to obtain a Food Safety Certificate:

a) Small-scale initial production;

b) Food production and business without a fixed location;

c) Small-scale preliminary processing;

d) Small-scale food business;

đ) Pre-packaged food business;

e) Production and business of food packaging materials and containers;

g) Restaurants within hotels;

h) Collective kitchens not registered for food business;

i) Street food business;

k) Establishments that have been issued one of the following certifications: Good Manufacturing Practice (GMP), Hazard Analysis Critical Control Point (HACCP), Food Safety Management System ISO 22000, International Food Standard (IFS), Global Food Safety Standard (BRC), Food Safety System Certification (FSSC 22000), or an equivalent certification that is still valid.

5. Conditions for Issuance of a Food Safety Certificate for Establishments

According to Clause 1, Article 34 of the Law on Food Safety 2010, an establishment is eligible to receive a Food Safety Certificate when it meets the following conditions:

(i) It meets the food safety requirements suitable for each type of food production and business, as stipulated in Chapter IV of the Law on Food Safety 2010;

(ii) It has registered food-related business activities in its Business Registration Certificate.

6. Documents Required for Issuance of a Food Safety Certificate for Establishments

he application for a Food Safety Certificate must include the following documents, as specified in Clause 1, Article 36 of the Law on Food Safety 2010:

- Application form for the Food Safety Certificate;

- A copy of the Business Registration Certificate;

- A report on the establishment’s facilities, equipment, and tools ensuring food safety conditions according to the requirements of the competent state management authority;

- A health certificate for the establishment owner and individuals directly involved in food production and business, issued by a health facility at the district level or higher;

- A certificate confirming food safety training for the establishment owner and individuals directly involved in food production and business, issued in accordance with the regulations of the ministerial-level authority.

7. Procedure for Issuance of a Food Safety Certificate for Establishments

•  Procedure:

Step 1: Prepare the application documents for the Food Safety Certificate;

Step 2: The organization or individual involved in food production and business submits the application to the competent state authority;

Step 3: Within 15 days from the date of receiving a complete and valid application, the competent state authority will conduct an on-site inspection to verify food safety conditions at the food production and business establishment;

Step 4: If the establishment meets the conditions, the competent state authority will issue the Food Safety Certificate;

In case of refusal, the authority must provide a written response with clear reasons.

•  Authority for Issuing the Food Safety Certificate for Establishments:

The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall specify the authority to issue the Food Safety Certificate within their respective sectors of management.

The process of obtaining a Food Safety Certificate requires businesses to comply with a range of complex and detailed regulations, and also to clearly distinguish the specific requirements for each type of food. Therefore, to avoid mistakes in the procedure and ensure legal compliance, establishments should seek support from professional legal advisory organizations. Experts will assist in resolving legal issues, ensuring the proper preparation of documents and procedures, helping businesses save time and costs when applying for the certificate.

 

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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