Does Vietnamese street food business need to apply for a Certificate of Qualified Food Safety?

You want to do street food business but wonder if street food business needs to apply for a Certificate of Qualified Food Safety in Vietnam? Which business establishments must have a certificate of eligibility for food safety? Is there a penalty for doing food service business without a certificate of food safety eligibility? The following article of Lawyer X will help readers answer questions about these issues, please follow along.

Legal grounds

Decree 15/2018/ND-CP

What is a Certificate of Qualified Food Safety?

Certificate of eligibility for food safety is a legal document issued by a competent State agency (the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade) to a production establishment food business.

Which business establishments must have a certificate of eligibility for food safety?

To answer the question, Do street food businesses need to apply for a Certificate of Food Safety Eligibility? We need to find out which business must have a certificate of qualified food safety?

Specifically, the following business establishments must have a certificate of eligibility for food safety:

Food service establishments and food processing establishments include: shops, stalls dealing in instant food, cooked foods, restaurants, ready-to-eat meal processing establishments, canteens and restaurants. collective kitchen.
Food business establishment means the performance of one, several or all of the activities of introducing, preserving, transporting or trading food such as: a food production establishment, a grocery store. products, supermarkets, markets.
If the above establishment has been granted one of the Certificates: Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Points (HACCP), ISO 22000 Food Safety Management System , International Food Standard (IFS), Global Standard for Food Safety (BRC), Food Safety System Certification (FSSC 22000) or its equivalent will not have to go through the procedure for issuing certificates of qualified establishments for food safety.

Do street food businesses need to apply for a Certificate of Qualified Food Safety?

According to the provisions of Clause 1, Article 12 of Decree 15/2018/ND-CP, the following establishments are not eligible for the Certificate of food safety eligibility:

– Small initial production;

– Producing and trading in food without a fixed location;

– Small processing;

– Retail food business;

– Trading in prepackaged foods;

– Producing and trading in tools, packaging materials, food containers;

– Restaurant in the hotel;

– The collective kitchen does not have a registered food business;

-Trading in street food;

– The establishment has been granted one of the Certificates: Good Manufacturing Practice (GMP), Hazard Analysis and Critical Control Point (HACCP) System, ISO 22000 Food Safety Management System, Standard International Food Standard (IFS), Global Standard for Food Safety (BRC), Food Safety System Certification (FSSC 22000) or its equivalent.

Thus, according to regulations on the basis of trading street food, retail food, and prepackaged food, it is not required to apply for a Certificate of eligibility for food safety. However, you also need to meet and comply with the corresponding requirements for food safety assurance conditions.

How long is the validity of the Certificate of Qualified Food Safety in Vietnam?

According to Article 7 of Circular 43/2018/TT-BCT, the validity of the Certificate of eligibility for food safety is as follows:

1. The certificate is valid for 3 years. In case of continuing to produce and trade in food, before 06 months from the date of expiry of the Certificate, organizations and individuals producing and trading food must submit an application for re-issuance as prescribed in Clause 1 of this Article. Article 4 of this Circular.
2. In case the Certificate is re-issued according to the provisions of Clauses 2, 4 and 5, Article 4 of this Circular, the validity of the re-issued Certificate is calculated according to the duration of the previously issued Certificate. there.
3. In case the Certificate is re-issued according to the provisions of Clause 3, Article 4 of this Circular, the Certificate is valid for 3 years from the date of re-issuance.

Accordingly, the validity of the Certificate of eligibility for food safety is 03 years.

What documents do I need to prepare for a Certificate of eligibility for food safety in Vietnam?

As mentioned above, establishments trading in street food, retail food and prepackaged foods are not required to apply for a Certificate of eligibility for food safety.

According to Clause 1, Article 36 of the Law on Food Safety 2010, the application for a Certificate of food safety eligibility includes:

• An application form for the Certificate of food safety eligibility;

• A copy of the business registration certificate;
• An explanation of the material facilities, equipment and tools to ensure food hygiene and safety conditions as prescribed by the competent state management agency;
• A health certificate of the establishment’s owner and the person directly producing and trading food, issued by a district-level or higher-level health facility;
• Certificate of training in the knowledge of food safety and hygiene of the establishment owner and of the person directly producing and trading food according to regulations of the Minister of industry management.

What is the process to apply for a Certificate of Eligibility for Food Safety in Vietnam?

Step 1: Submit the application file at the competent state agency as guided above.

Authority to issue certificates of eligibility for food safety

The Department of Health issues certificates of eligibility for food safety to food service establishments and food processing establishments.
The Department of Industry and Trade issues certificates of satisfaction of food safety conditions to food production and trading establishments

Step 2: Receive and process dossiers: Within 15 working days from the date of receipt of complete and valid dossiers, competent state agencies shall physically inspect food safety assurance conditions at production establishments. , food business.

Step 3: Issue a Certificate of food safety eligibility if all conditions are met.

Is there a penalty for selling street food without applying for a certificate of food safety eligibility?

As mentioned above, establishments trading in street food, retail food and prepackaged foods are not required to apply for a Certificate of eligibility for food safety. Food service business without a Certificate of Eligibility for Food Safety will not be penalized. However, violations will be handled as follows:

Pursuant to Article 18 of Decree 115/2018/ND-CP has the following provisions:

1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for providing food service business without a certificate of establishment meeting food safety conditions, except for cases not subject to the issuance of a certificate. accepting establishments that satisfy food safety conditions as prescribed by law and violate the provisions of Clause 2 of this Article.
2. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for producing and trading in food without a Certificate of food safety eligibility, except for cases not required to be issued with a Certificate of food safety certify that the establishment meets all food safety conditions and violates the provisions of Clause 3 of this Article.
3. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for producing health-protective foods without a Certificate of food safety eligibility, meeting good manufacturing practice requirements ( GMP) food to protect health according to the route prescribed by law.
4. Remedial measures:

a) Forcible recall of food for violations specified in Clauses 2 and 3 of this Article;

b) Forcible change of use purpose or recycling or destruction of food for violations specified in Clauses 2 and 3 of this Article.

Accordingly, the act of doing food service business without a Certificate of eligibility for food safety, except for cases not subject to a Certificate of eligibility for food safety, may be subject to penalties a fine ranging from VND 20,000,000 to VND 30,000,000.

Please see more

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