The food business is an investment field that is always evaluated as potential and stable because the human need for food is a basic and urgent need. Because food is an indispensable basic human need. Since business lines are directly related to public health, business establishments must ensure safety conditions in order to be granted a Certificate of eligibility for food safety and hygiene. Thus, in the business process, food production documents are essential, it reflects the legal provisions on conditions for food production. To answer this question, today, LSX Lawfirm will give you an article about “What documents do food production need according to Vietnamese law?”, as follows:
What is food production?
Food production means the performance of one, several, or all of the activities of growing, raising, gathering, catching, exploiting, preliminarily processing, processing, packaging, and preserving food in order to produce food.
Food is a specific business line, also known as a conditional business line. If that establishment wants to be officially established and put into operation, the business needs to pay attention to the important condition which is the certificate of eligibility for food safety.
What documents does food production need?
For each different food and business type, the law has different regulations and conditions for ensuring food safety. Therefore, the owners of food production and business establishments need to pay attention and determine which cases they belong to so that they can adjust and build their establishments to meet all the cases that they may not meet. set forth by law.
Popular forms of food business include trading in fresh food, trading processed food, trading food services, and trading street food. Except for the form of street food business, in order to operate in the field of food business, enterprises/business households need to ensure the following documents:
Certificate of business registration with the registration of food business lines;
Certificate of eligibility for food hygiene and safety (food safety);
If trading in functional products, there must be a certificate of conformity according to regulations on food safety;
Certificate of fire prevention, fire fighting, and security and order.
Procedures for setting up a food business
Dossier for the establishment of a food trading company includes:
- Firstly, Application for registration of a food trading company;
- Secondly, the Charter of a food trading company;
- Thirdly, List of founding members or shareholders (if it is a limited liability company with two or more members or a joint stock company);
– Valid copies of CCCD/IDs/passports of members or founding shareholders, and legal representatives.
- In case the founding capital contributing member is an organization, it is necessary to supplement:
A valid copy of the establishment decision, enterprise registration certificate, and other equivalent documents of the organization;
A document appointing an authorized representative of the organization, a valid copy of the ID card/CCCD/passport of the authorized representative of the member being the organization.
- Power of attorney for another person to submit the application and receive the result (in case the legal representative does not directly do it);
– A valid copy of the CCCD/ID/passport of the person authorized to submit the application.
Submission of documents: Enterprises can apply directly at the Business Registration Office – Department of Planning and Investment where the head office is located or submit an online application at the link https://dangkytinhdoanh.gov.vn/ by public digital signature or business registration account then.
Processing time: 3-5 working days from the date of submission of the application, the Business Registration Office checks the validity of the application and issues the business registration certificate. In case the application is not valid, the Business Registration Office shall issue a notice for the enterprise to amend and supplement the dossier and resubmit it.
Procedures for applying for a certificate of food hygiene and safety (food safety)
The application includes the following documents:
An application form for a certificate of establishment meeting food safety conditions;
Copy of business registration certificate (with food industry registration);
The design of the premises of the food production and trading establishment;
An explanation of the facilities, equipment, and tools to ensure food safety and hygiene conditions as prescribed then;
Health certificate of the establishment’s owner and employees directly engaged in production and business at the establishment, issued by a district-level health agency or higher then;
Certificate of knowledge on food hygiene and safety of the establishment owner and employees directly involved in production at the establishment then;
Certificate of origin of raw materials and inspection of water source used.
Food safety licensing authority
Ministry of Industry and Trade, Department of Industry and Trade; The Ministry of Agriculture and Rural Development: has the authority to issue permits for food safety and hygiene.
Ministry of Health, including:
The Food Safety Authority of the Ministry of Health has the authority to issue licenses to companies or business households that supply 300 meals/day or more; establishments providing ready meals; catering services in hospitals, export processing zones, industrial parks then…;
Health Department – District People’s Committee: Has the power to issue permits for smaller individual business households.
The time limit for granting food safety license
Within 15 days from the date of receipt and submission of valid dossiers, the competent state agency will conduct a physical inspection of food safety assurance conditions at food production and trading establishments; if the establishment meets the conditions, it will be granted a food hygiene and safety license, if it is not, the appraising authority will reply in writing and clearly state the reason then.
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Related questions
Agencies authorized to issue food safety certificates include the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, Ministry of Health.
The registration of a food business company at the Department of Planning and Investment takes 5-7 working days. Once you have established your company, you must apply for a certificate of qualified food safety, which can take another 20-25 days or longer for you then.
If you want to register for a food manufacturing business, you need to meet the following conditions: Registration of business household/food trading company; Certificate of qualified establishments for food safety (food safety) then. In addition, depending on each case, you need to meet other documents such as a certificate of fire prevention and fighting and security and order, and a certificate of conformity according to regulations on food safety (if trading in functional products). power).
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