Hello Lawyer, Can you tell me about the violation of regulations on food hygiene and safety in restaurants in Vietnam? I would like to thank you very much for answering my questions.
Thank you for sending us your question. To ensure hygiene and food quality standards in the food service business, it is imperative that restaurants in Vietnam comply with regulations on food safety and hygiene. Top. According to the provisions of law if the restaurant business in the business of food services; if the requirements on food hygiene and safety cannot be satisfied; will be severely punished. So what are the regulations on food hygiene and safety in restaurants in Vietnam?
To be able to provide you with information about violations of regulations on food hygiene and safety in restaurants in Vietnam? LuatsuX invites you to refer to our article below.
Legal grounds
- Food Safety Law 2010
- Decree No. 115/2018/ND-CP
- Decree No. 124/2021/ND-CP
- Decree 67/2016/ND-CP
- Decree 155/2018/ND-CP
What is food safety?
According to the provisions of Clause 1, Article 2 of the Law on Food Safety 2010, food safety is regulated as follows: Food safety is the assurance that food does not cause harm to human health and life.
According to the provisions of Article 3 of the Law on Food Safety 2010, the principles of food safety management are as follows:
Ensuring food safety is the responsibility of all organizations and individuals producing and trading food.
Food production and trading is a conditional operation; organizations and individuals producing and trading food must take responsibility for the safety of the food they produce and trade.
Food safety management must be based on corresponding technical regulations, regulations promulgated by competent state management agencies and standards announced and applied by production organizations and individuals.
Food safety management must be implemented throughout the process of food production and trading on the basis of risk analysis for food safety.
Food safety management must ensure clear assignment, decentralization and inter-sectoral coordination.
Food safety management must meet the requirements of socio-economic development.
Regulations on food hygiene and safety in restaurants in Vietnam
What are the regulations on food hygiene and safety in restaurants in Vietnam? According to the provisions of Article 5 of Decree 155/2018/ND-CP, regulations on food service business establishments in Vietnam are as follows:
– Comply with the provisions of Articles 28, 29 and 30 of the Law on Food Safety and the following specific requirements:
Perform three-step verification and save food samples according to the guidance of the Ministry of Health;
Equipment and means of transporting and preserving food must ensure hygiene and not cause food contamination.
– Persons directly preparing food must be trained in food safety knowledge and certified by the establishment owner and not infected with cholera, dysentery, typhoid, hepatitis A, E, infectious dermatitis, tuberculosis. pneumonia, acute diarrhea while producing and trading food.”
According to the provisions of Article 28 of the Law on Food Safety 2010, the conditions for ensuring food safety for food processing and business establishments are as follows:
The kitchen is arranged to ensure that there is no cross-contamination between unprocessed food and processed food.
There is enough water meeting technical standards for processing and trading.
Having tools for collecting and storing garbage and waste to ensure hygiene.
Drains in shop and kitchen areas must be clear and not stagnant.
The cafeteria must be airy, cool, well-lit, maintain a clean hygiene regime, and take measures to prevent harmful insects and animals.
There are equipment for food preservation, toilets, hand washing and daily cleaning of waste and garbage.
The head of the unit having a collective kitchen is responsible for ensuring food safety.
According to the provisions of Article 29 of the Law on Food Safety 2010, the conditions for ensuring food safety for food processing and business establishments are as follows:
Have separate utensils and containers for raw and cooked foods.
Cooking and processing equipment must ensure safety and hygiene.
Eating utensils must be made of safe materials, washed and kept dry.
Comply with regulations on health, knowledge and practice of people directly producing and trading food.
According to Article 30 of the Law on Food Safety 2010, the conditions for ensuring food safety in food processing and preservation are as follows:
Using food, food materials must have clear origin and ensure safety, save food samples.
Food must be processed to ensure safety and hygiene.
Food for sale must be stored in glass cabinets or in hygienic storage equipment, resistant to dust, rain, sunlight and the penetration of insects and harmful animals; is sold on the table or the price is higher than the ground.
Dossier of application for a Certificate of eligibility for food safety for restaurants in Vietnam
According to the provisions of Clause 2, Article 6 of Decree No. 155/2018/ND-CP providing for the application for a Certificate, comply with the provisions of Clause 1, Article 36 of the Law on Food Safety and the following specific requirements: :
An application form for a Certificate, made according to Form No. 01, Appendix I attached to Decree 155/2018/ND-CP;
A copy of the business registration certificate or the certificate of enterprise registration with lines of business suitable to the type of food produced by the establishment (certified by the establishment);
List of food producers and food service providers who have been trained in food safety knowledge, certified by the establishment’s owner.
Order and procedures for granting Certificates of qualified establishments for food safety for restaurants in Vietnam
According to the provisions of Clause 3, Article 6 of Decree 155/2018/ND-CP stipulating the order and procedures for granting the Certificate of food safety eligibility for restaurants in Vietnam as follows:
– Make an application for the Certificate of food safety eligibility and submit it through the online public service system or by post or at the application-receiving agency;
In case there is a request to amend or supplement the dossier, the application-receiving agency shall notify in writing the establishment within 05 working days from the date of receipt of the complete dossier.
Note: If more than 30 days from the date of receipt of the notice, the establishment does not supplement or complete the dossier as required, the dossier of the establishment is no longer valid. Organizations and individuals must submit a new application to be granted a Certificate if there is a need.
In case there is no request to amend or supplement the dossier, the dossier-receiving agency shall establish an appraisal team or authorize the appraisal and make a minutes of appraisal according to Form No. 02, Appendix I attached to this Decree. 155/2018/ND-CP within 15 working days from the date of receipt of complete dossiers. In case of authorizing the appraisal to a lower-level competent agency, a written authorization is required;
The appraisal team established by the agency competent to issue the Certificate or the agency authorized to appraise and issue the decision to establish has from 03 to 05 people. Including at least 02 members working on food safety (can invite experts suitable to the field of food production of the establishment to join the establishment appraisal team).
In case the appraisal results are satisfactory, within 05 working days from the date of receiving the appraisal results, the agency receiving the application for Certificate shall be issued according to Form No. 03, Appendix I issued together with this Decree. 155/2018/ND-CP.
In case the appraisal results at the establishment are unsatisfactory and can be remedied, the appraisal team must clearly write down the contents, requirements and remedial time in the appraisal minutes with the time limit for remedy not exceeding 30 days.
After receiving the report of the establishment’s remedial results, within 05 working days, the appraisal team shall evaluate the remedial results and record the conclusions in the appraisal minutes. In case the remedial results are satisfactory, a Certificate will be issued according to the provisions of Point d of this Clause. If the remedial result is unsatisfactory, the application-receiving agency shall notify the unsatisfactory appraisal result in writing to the establishment and to the local management agency;
In case the appraisal results are unsatisfactory, the application-receiving agency shall notify in writing the supervisory local management agency and request the establishment not to operate until the Certificate is issued.
In case of changing the name of the enterprise or changing the owner of the establishment, the address changes but the location and process of food production and food service business and the certificate must be valid, the establishment must send a notice of change of information on the Certificate and attach a copy of the legal document showing such change to the certificate-granting dossier-receiving agency via the online public service system or by post. or at the application-receiving agency.
Validity period of Certificate of qualified establishment for food safety for restaurants in Vietnam
The certificate of the establishment meeting all food safety conditions is valid for a period of 03 years.
6 months before the expiry date of the Certificate of eligibility for food safety, the organization or individual that produces and trades in food must submit an application for re-issuance of the Certificate in case of continuing to produce food. business. Dossier, order and procedures for re-issuance shall comply with the provisions of Article 36 of the Law on Food Safety 2010.
Note: Certificates issued before the effective date of Decree 155/2018/ND-CP will continue to be used until the expiry date indicated on the Certificate.
Please see more
- Make a license for food hygiene and safety by the Vietnam law
- Service of setting up a seafood production company in Vietnam
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Frequently asked questions
According to the provisions of Article 15 of Decree No. 115/2018/ND-CP issued by Decree No. 124/2021/ND-CP stipulating penalties for violations of regulations on conditions for ensuring food safety in food service business in the form of establishments processing ready-to-eat meals, canteens for catering business, collective kitchens; kitchens, restaurants, hotels and resorts; food shops, shops, stalls dealing in instant food, cooked food and other types of food processing and supply as follows:
– A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for the following acts: Places of processing, trading or preservation have insects and harmful animals infiltrating;
Conditions for ensuring food safety in food service business in the form of ready-made meal processing establishments, catering business canteens, collective kitchens; kitchens, restaurants, hotels and resorts; food shops, shops, stalls dealing in instant food, cooked food and other types of food processing and supply as follows:
– A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for the following acts: Using people to directly prepare food without wearing hats or masks; do not cut nails short; do not use gloves when in direct contact with cooked food, instant food;
Conclusion: So the above is Regulations on food hygiene and safety in restaurants in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
