1. Applicable subjects
Under Articles 11 and 12 of Decree 15/2018/ND-CP, all food production and trading establishments must obtain a Certificate of Food Safety Qualified Establishment (Certificate) before operating, except in the following cases:
- Small-scale initial production;
- Food production and trading without a fixed location;
- Small-scale preliminary processing;
- Small-scale food trading;
- Prepackaged food trading;
- Production and trading of utensils, packaging materials, and food containers;
- Restaurants in hotels;
- Collective kitchens without food business registration;
- Street food trading;
- Establishments that have been granted one of the following certificates: Good Manufacturing Practice (GMP), Hazard Analysis and Critical Control Points (HACCP), ISO 22000 Food Safety Management System, International Food Standards (IFS), Global Food Safety Standards (BRC), Food Safety System Certification (FSSC 22000), or an equivalent certification that remains valid.
It is important to note that while small-scale food businesses are not required to obtain a Certificate, they must still comply with food safety requirements as stipulated in Clause 1, Article 22 of the Law on Food Safety.
2. Conditions for issuance
A Certificate is granted when an establishment meets all of the following conditions:
- It ensures adequate food safety conditions suitable for its type of food production or business, as per regulations.
- It has registered the food business line and profession in its Enterprise Registration Certificate.
3. Competent licensing authorities
The Department of Health, the Department of Agriculture and Rural Development, or the Department of Industry and Trade is responsible for granting and revoking Certificates under their respective jurisdictions. Depending on the scale of the facility, the licensing authority may extend to the ministry level.
The list of food products/groups of products and goods under the management of each licensing authority is specified in Appendices II, III, and IV of Decree 15/2018/ND-CP.
4. Dossier components
Under Clause 1, Article 36 of the Law on Food Safety, the application for a Certificate must include:
- An application form for a Certificate of Food Safety Qualified Establishment;
- A copy of the Enterprise Registration Certificate;
- A description of the facilities, equipment, and tools ensuring compliance with food hygiene and safety regulations as prescribed by the competent state management agency;
- A health certificate for the owner of the establishment and individuals directly involved in food production and trading, issued by a health authority at the district/county level or higher;
- A certificate of training in food safety and hygiene for the establishment owner and individuals directly involved in food production and trading, or a list of personnel engaged in food-related activities, issued by a competent authority designated by the Ministry of Industry and Trade, valid for one year from the date of issuance.
5. Procedures for issuance
The following steps outline the standard procedure for obtaining a Certificate:
Step 1: Prepare and submit an application for a Certificate to the competent state agency via the online public service system, by post, or in person at the receiving agency.
If amendments or supplements to the dossier are requested, the facility has 30 days to comply. Failure to do so within this period will render the dossier invalid. In such cases, a new application must be submitted for the Certificate.
Step 2: If no amendments or supplements are required, the competent state agency will establish an appraisal team of 3 to 5 members within 15 days of receiving a complete and valid dossier. The team will inspect the actual conditions of the food production and trading establishment to ensure compliance with food safety standards.
Step 3: After the inspection, one of the following three outcomes may occur:
- Approval: If the inspection results confirm compliance, the food production and trading establishment will be granted a Certificate.
- Conditional Approval: If the establishment does not fully meet the requirements but deficiencies can be rectified, the appraisal team will specify the necessary corrective actions and provide a deadline of up to 30 days. Within 5 working days of receiving the facility’s remediation report, the appraisal team will evaluate the corrections and record its findings. If the deficiencies are resolved, the Certificate will be issued; otherwise, the application will be rejected, and the facility will be notified in writing.
- Rejection: If the establishment fails to meet the requirements, the receiving agency will inform the local management authority in writing. The facility will not be allowed to operate until it obtains the Certificate.
6. Validity of the Certificate
The Certificate is valid for three (03) years.
Facilities must submit an application for renewal at least six months before the Certificate’s expiration if they intend to continue operating.
______________________
Should you have any inquiries, please do not hesitate to contact us.
𝟏𝟗𝟖𝟗 𝐋𝐀𝐖
Website: 1989law.vn
Hotline: (+84) 945.45.45.11
Address: No. 207C Nguyen Xi, Ward 26, Binh Thanh District, Ho Chi Minh City, Vietnam