Certification Of Food Safety Eligibility

I. Who does not need Certification Of Food Safety Eligibility

According to Decree No. 15/2018/ND-CP (“Decree 15”), cases do not need a Certificate of Food Safety Eligibility  as follows:

a) Micro food manufacturers;

b) Mobile food manufacturers and sellers;

c) Micro food processors;

d) Micro food sellers;

d) Sellers of prepackaged foods;

e) Manufacturers and sellers of instruments and materials for wrapping and storing food;

g) Restaurants within hotels;

h) Industrial kitchens not registered as a food businesses;

i) Street food vendors;

k) Any food business that has one of the following certificates: GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000, or an equivalent certificate.

An establishment shall be granted a certificate of food safety eligibility when it fully meets the following conditions:

a/ Having adequate conditions for assuring food safety suitable to each type of food production and trading as prescribed in Chapter IV of this Law;

b/ Having registered for food production and trading as indicated in its business registration certificate.

II. Dossiers, order, and procedures for the grant of certificates of food safety eligibility are as follow:

1. A dossier of applications for a certificate of food safety eligibility comprises:

a/ An application for a certificate of food safety eligibility:

b/ A copy of the business registration certificate:

c/ Written explanations about the satisfaction of food safety and hygiene conditions of physical foundations, equipment, and tools as prescribed by competent state management agencies:

d/ Health certificates of the establishment's owner and persons directly engaged in food production and trading, issued by a district- or higher-level health establishment:

e/ Certificates of training in knowledge about food safety and hygiene of the establishment's owner and persons directly engaged in food production and trading as prescribed by line ministers.

2. The order of and procedures for the grant of certificates of food safety eligibility

a/ Food producers and traders shall submit dossiers of application for certificates of food safety eligibility to a competent state manage­ment agency defined in Article 35 of this Law;

b/ Within 15 days after the receipt of a complete and valid dossier, the competent state agency shall conduct a field inspection of food safety assurance conditions at the producer's or trader's establishment. If all conditions are met. it shall grant a certificate of food safety eligibility; in case of refusing to grant a certificate, it shall issue a written reply clearly stating the reason.

III. The validity duration of certificates of food safety eligibility

1. A certificate of food safety eligibility is valid for 3 years.

2. At least 6 months before the expiration date of a certificate of food safety eligibility, if the food producer or trader wishes to continue its/ his/her production or trading activities, it/he/she shall submit a dossier of application for the re-grant of a certificate of food safety eligibility. Dossiers of application and the order of and procedures for re-grant of certificates comply with Article 36 of this Law.

IV. Competence to grant and withdraw certificates of food safety eligibility

The Minister of Health, the Minister of Agriculture and Rural Development and the Minister of Industry and Trade shall specify the competence to grant and withdraw certificates of food safety eligibility in their assigned management domains.

V. Violations against regulations on the certificate of food safety

(According to Decree No. 124/2021/ND-CP dated 28 December 2021).

1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failing to obtain a certificate of food safety or using an expired certificate of food safety when running a food and drink business, except in cases where the certificate of food safety is exempted.

2. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failing to obtain a certificate of food safety or using an expired certificate of food safety when producing and/or trading foods, except cases where the certificate of food safety is exempted.

3. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for the commission of one of the following violations:

a) Failing to obtain Good Manufacturing Practice (GMP) certificate or using an expired GMP certificate when producing dietary supplements, except cases where dietary supplements are produced on the herbal drug or traditional drug production lines or other cases as prescribed by the Minister of Health;

b) Trading or placing on the market domestically manufactured or imported dietary supplements granted a Certificate of Declaration of conformity with the food safety regulations or certificate of registered product declaration before July 01, 2019, without obtaining GMP certificate or another document of equivalent validity before manufacturing.

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