Food safety inspection is an effective measure to protect consumers from fake, poor quality food and avoid risks harmful to human health. From there, the competent authorities will issue food safety certificates to business households in the food sector. A certificate of food hygiene and safety is the first thing you need to do when doing business in the food industry today. So about the matter “Food hygiene and safety inspection procedures in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Food Safety Regulation
- Decree 15/2018/ND-CP
Food hygiene and safety inspection procedures in Vietnam
Place of registration of food hygiene and safety
Organizations and individuals that produce and trade in food shall submit an application for a Certificate of eligibility for food safety to a competent state agency.
– Sub-departments of food safety and hygiene of provinces and centrally run cities are responsible for granting certificates to the following establishments:
+ Food service establishments that are granted business registration certificates by the Services of Planning and Investment and the Services of Planning and Investment of the provinces and centrally-run cities;
+ Food service establishments that are granted business registration certificates by the People’s Committees (or competent agencies) of districts, towns and provincial cities with business registration certificates with a business scale of 200 meals or more. /time or more service.
– The People’s Committee (or competent authority) of the district, town or city directly under the province shall grant a Certificate to a food service business establishment issued by the People’s Committee (or competent authority). ) districts, towns and provincial cities granting business registration certificates with a business scale of less than 200 meals/service.
Food hygiene and safety licensing process
Step 1: Review your profile
Within 05 working days from the date of valid and complete application, the application-receiving agency will examine the validity of such dossier, if the dossier is invalid, the establishment will receive a notice.
If the dossier is invalid within 60 days from the date of receipt of the notice but the establishment fails to respond, supplement and complete it, the receiving agency will cancel this dossier.
Step 2: Appraisal of the basis
For valid documents, within 10 working days, the competent authority will conduct the mechanical appraisal.
Establish a grassroots appraisal team:
This is a group that has been granted a certificate by a competent authority or an agency authorized to appraise the establishment that has issued a decision on establishment.
The grassroots appraisal team will include from 05 – 09 members. For small food production and business establishments, only 3 – 5 members are needed.
Contents of the baseline appraisal
+ The establishment appraisal team will compare the information as well as verify the legality of the registration file for the food hygiene and safety license with the original file stored at the establishment in accordance with regulations. After that, the food safety and hygiene conditions will be assessed at that establishment.
+ If the establishment has fully met the conditions on food safety and hygiene according to regulations, the application-receiving agency will issue a food safety license.
+ If the establishment has not yet met the conditions for food safety and hygiene and has to wait for its completion, it must clearly state the content and completion time, however, the completion time is only within 60 days.
+ The establishment’s appraisal team will conduct a re-appraisal when the establishment has a written confirmation of the completion of all requirements on food safety and hygiene conditions of the previous establishment’s appraisal team;
+ If the establishment does not meet the requirements of food safety and hygiene conditions, the application-receiving agency will send a written notice to the local management agency for the purpose of monitoring and requesting that establishment not to license to operate until the license is received.
+ That establishment must re-submit the correct dossier for consideration and grant of a license in accordance with law.
Food safety inspection process
Step 1: Test finished product samples
Taking samples of finished products for testing is the first step to being able to perform food safety and hygiene checks. Competent authorities will take samples of finished products at production and business establishments, then bring them back for analysis and testing according to state regulations.
Testing finished product samples will assess the product’s conformity with safety indicators and quality criteria. Each product will have different evaluation criteria.
Step 2: Make a dossier of announcing the quality and submit it to the competent authority
Records include:
– Declaration of conformity/conformity with food safety regulations.
– Detailed product information sheet.
Food test results within 12 months.
– Business registration certificate with lines of business or certificate of legal entity for organizations and individuals (copy certified by the organization or individual).
– Quality control plan Periodic monitoring plan.
– Certificate of eligibility for food safety (for those subject to issuance)
– Sample product label
– Contents of product sub-labels.
– Finished product sample
Step 3: Appraise the dossier and impose penalties for production and business establishments that fail to meet food hygiene and safety standards.
In the process of document appraisal, businesses must quickly edit, supplement and promptly handle if the dossier has problems. The lengthy process of document appraisal will affect the production and business of enterprises because food hygiene and safety are not guaranteed, and business licenses will not be granted. At that time, it will be an opportunity for the company’s competitors to expand market share and attract customers.
After having the results of the food safety and hygiene inspection, if the competent authority finds that the food is dirty and does not ensure food safety, the establishment will be fined according to the provisions of law and destroy the number of goods.
Validity of the Certificate of eligibility for food safety
Article 37 of the Law on Food Safety stipulates the validity period of the Certificate of food safety eligibility as follows:
“Article 37. Validity period of the Certificate of eligibility for food safety
1. The establishment’s certificate of satisfaction of food safety conditions is valid for a period of 03 years.
2. Before 06 months from the date of expiry of the Certificate of eligibility for food safety, organizations and individuals that produce and trade in food must submit an application for re-issuance of the Certificate in case it continues manufacturing business. Dossier, order and procedures for re-issuance shall comply with Article 36 of this Law.”
Food safety inspection agency
The food safety management agency under the branch-managing ministry shall inspect food safety in food production and trading in accordance with regulations of the Department of Health, the Department of Agriculture, and the Department of Industry and Trade.
The food safety management agency under the provincial People’s Committee shall conduct food safety inspection within the locality in accordance with the regulations of the branch management ministry and the assignment of the provincial People’s Committee.
In case the interdisciplinary inspection of food safety is related to the management scope of many branches or localities, the agency in charge of conducting the inspection is responsible for coordinating with relevant agencies of the ministries and agencies, relevant ministerial-level agencies and provincial-level People’s Committees for implementation.
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Frequently asked questions
Within 15 days from the date of receipt of a complete and valid dossier, the competent state agency shall physically inspect the conditions for ensuring food safety at the food production and trading establishments; if all conditions are met, a Certificate of establishment meeting all food safety conditions must be granted; In case of refusal, it must reply in writing and clearly state the reason.
Applying for a food hygiene and safety license is very important, this shows that your business unit always complies with the law, in addition, it is also proof of product quality to your customers.
Accordingly, all types of food businesses from small businesses such as household businesses to companies. Those individuals and legal entities must all be appraised and licensed by the state agency for food safety and hygiene.
This is clearly shown in Decree 15/2018/ND-CP dated February 2, 2018. This Decree applies to Vietnamese agencies, organizations and individuals; foreign organizations and individuals in Vietnam engaged in food production and trading; organizations and individuals having activities related to food safety in Vietnam.
According to the provisions of Article 3 of Circular 48/2015/TT-BYT stipulating the principles of food safety and hygiene inspection as follows:
– Firstly, to comply with the principles specified in Clause 4, Article 68 of the Law on Food Safety.
Objective, accurate, open, transparent, non-discriminatory;
Protect the confidentiality of information, documents, and test results related to agencies, organizations and individuals producing and trading in tested foods without official conclusions;
Not to harass or cause trouble to organizations and individuals producing and trading food;
Take responsibility before law for relevant examination results and conclusions.
– Second, there is no overlap in terms of subjects, locations and testing time. In case there is an overlap in the inspection plan of the lower food safety management agency and the inspection plan of the superior food safety management agency, between branches and levels, the overlap shall be handled. cross according to the principles specified in Clause 3, Article 5 of Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT.
If the inspection and examination plan of the inferior agency coincides with the inspection and examination plan of the superior agency, the inspection plan of the superior agency shall be followed;
If the inspection and examination plans of agencies of the same level are identical in terms of geographical areas and establishments, the parties shall discuss and agree on the establishment of an interdisciplinary team.
Conclusion: So the above is Food hygiene and safety inspection procedures in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
