Individuals, organizations and enterprises, when operating in the production and trading of food products or catering services, need to apply for a certificate of satisfaction of food safety conditions to be allowed to do business. In addition, for actual product manufacturing facilities, this is also a basic condition for organizations and individuals to register to announce their products later. So how to make a food hygiene and safety license? And where to issue food hygiene and safety permits? Please answer.
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Legal grounds
- Decree 15/2018/ND-CP
- Food Safety Regulation
- Decree 115/2018/ND-CP
Subjects that need to issue a Certificate of food safety eligibility
Pursuant to Article 11, 12 of Decree 15/2018/ND-CP, food production and trading establishments must have a Certificate of eligibility for food safety when operating, except for the following cases: :
Small initial production;
Food production and trading without a fixed location;
Small processing;
Retail food business;
Trading in prepackaged foods;
Producing and trading in tools, packaging materials, food containers; Restaurants in hotels;
The collective kitchen does not have a registered food business;
Street food business;
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 Safety System (IFS), Global Standard for Food Safety (BRC), Food Safety System Certification (FSSC 22000) or a valid equivalent.
The establishments that are not required to have the Certificate of eligibility for food safety mentioned above must comply with the requirements on the corresponding food safety assurance conditions.
(The conditions for granting the Certificate of satisfaction of food safety conditions must comply with the provisions of Clause 1, Article 34 of the Law on Food Safety. Particularly for establishments producing health-protecting foods, they must comply with the provisions of Clause 1, Article 34 of the Law on Food Safety. comply with the requirements specified in Article 28 of Decree 15/2018/ND-CP).
Process to issue a Certificate of food safety eligibility
According to the provisions of Article 18, Decree 115/2018/ND-CP stipulating penalties for administrative violations of food safety as follows:
A fine ranging from VND 20,000,000 to VND 30,000,000:
For acts of providing food and beverage services without a certificate of satisfaction of food safety conditions, unless the establishment is not required to issue a certificate of food safety. The establishment meets the food safety conditions as prescribed by law and violates the provisions of Clause 2 of this Article.
A fine ranging from VND 30,000,000 to VND 40,000,000:
For acts of producing and trading food without a Certificate of satisfaction of food safety conditions, except for cases not subject to a Certificate of satisfaction of food safety conditions. establishments that satisfy food safety conditions and commit violations specified in Clause 3 of this Article.
A fine ranging from VND 40,000,000 to VND 60,000,000:
For the act of producing health-protective foods without a Certificate of eligibility for food safety that meets the requirements of good manufacturing practice (GMP). food to protect health according to the route prescribed by law.
Remedial measures
Forcible recall of food for violations specified in Clauses 2 and 3 of this Article;
Forcible change of use purpose, recycling or destruction of food, for violations specified in Clauses 2 and 3 of this Article.
Where can I apply for a food safety license?
Currently, in the process of applying for a food hygiene and safety permit, you do not know which food production/business establishment you must contact to apply for a permit.
Especially since there are many agencies that can issue this type of food safety license depending on your business type.
So do you know where to apply for a food safety license? Let’s find out information with Vietnamese Law below!
The Ministry of Health issues a certificate to an establishment that meets the following food safety conditions:
Food hygiene and safety license for production and trading of functional foods.
- Food hygiene and safety at establishments producing and trading food additives and food processing aids.
- Food hygiene and safety for products of bird’s nest, reishi, ginseng, cordyceps.
The Sub-department of Food Hygiene and Safety – Department of Health issues Food Hygiene and Safety License to the following units:
Food hygiene and safety license for restaurants, cafeterias, cafes.
Food hygiene and safety permits for bottled drinking water, bottled water, and ice.
Food hygiene and safety license for hotels.
Food hygiene and safety license in collective kitchen.
The Department of Agriculture issues food hygiene and safety permits to the following establishments:
Papers meeting food safety conditions for trading vegetables, tubers and fruits.
Registration of food hygiene and safety for the production of powdered coffee and instant coffee.
Conditions for ensuring food safety in production and trading of fresh food.
License for food hygiene and safety for tea production and trading establishments.
Food hygiene and safety license for soybean, peanut, sesame production facilities…
The Department of Industry and Trade issues food hygiene and safety permits to the following establishments:
Food hygiene and safety in confectionery production establishments.
Food safety for businesses dealing in milk and dairy products.
Food hygiene and safety license for supermarkets and convenience stores.
Procedures for checking food hygiene and safety
Why check food safety and hygiene?
Eating and drinking is an essential need of every human being, the food service business is an area that directly affects the health of customers. However, at present, there are many catering establishments that use dirty food, facilities, and processing processes that do not meet quality standards…, bringing great consequences to each diner.
Previously, only the elderly were susceptible to diseases because of age problems and declining health. But now the number of teenagers and children getting sick is increasing because of unsafe and scientific eating. Therefore, the inspection of food safety at food and beverage establishments is a mandatory, regular and very important inspection activity.
Inspection of food hygiene and safety for imported goods
According to the latest current regulations on food safety inspection for imported goods according to Decree 15/2018/ND-CP dated February 2, 2018 The detailed implementation regulations include 3 methods as follows:
- Reduced inspection method: is a form of document inspection of up to 5% of the total number of imported shipments within 1 year, selected and implemented by the customs authority. This method is applied in cases where the goods have been confirmed by the competent authority to sign an international treaty on mutual recognition in food safety inspection activities to which Vietnam is a member. food safety requirements.
- There are inspection results of the competent authority of the exporting country for the shipment, according to the provisions of Vietnamese law; or have met import requirements three times in a row within 12 months by conventional inspection methods, or are manufactured in facilities applying one of the quality management systems GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000 or equivalent.
- Ordinary inspection: is a form of checking only the records of the shipment for those cases that are not subject to reduced and strict inspection.
- Strict inspection: inspection of documents in combination with sampling for testing: applicable to consignments that do not meet import requirements at the previous inspection or do not meet requirements during the inspection and inspection period. check (if any). or there is a warning from the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, the People’s Committee of the province or an overseas competent agency or the manufacturer.
Please see more
- How to register a food brand in Vietnam?
- Issuance of certificates of food safety conditions for food production in Vietnam
- Service of setting up a seafood production company in Vietnam
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Frequently asked questions
– The following cases must apply for a food safety certificate for business households before conducting production and business. Consists of:
Food service business: Selling fast food, coffee shop, beverage, restaurant,…
– Producing and processing products under the management of the Ministry of Health and the Ministry of Agriculture and Rural Development
– If the business goes into operation without a license, the business will be sanctioned according to Decree 115/2018/ND-CP – Regulations on administrative sanctions on food safety.
Note:
Business households that are producing and trading products under the management of the Ministry of Industry and Trade do not need to apply for a food safety certificate.
– However, business households still need to comply with food safety assurance conditions and must conduct product announcement before circulating on the market.
– In case when the authorities check, if there is no food safety license or the license has expired without “registration for renewal”, the person will be administratively sanctioned according to the provisions of Decree 115/ 2018. /ND-CP. Especially:
– Businesses may be fined:
From VND 20,000,000 to VND 30,000,000: If the food service business does not have a food safety license
From VND 30,000,000 to VND 40,000,000: If producing and trading food without food safety license
From VND 40,000,000 to VND 60,000,000: If the production of health foods does not have a food safety license
In addition to administrative sanctions, business households may be forced to close until they have a certificate of food safety eligibility.
Conclusion: So the above is Make a license for food hygiene and safety by the Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
