To minimize food safety risks and ensure the health of consumers, most production and business establishments need a Food hygiene and safety certificate. However, the process of applying for this certificate requires complete documents and procedures. Let’s find out the details below with Viet My.

1. Legal basis

– Food Safety Law No. 55/2010/QH12 passed by the National Assembly of the Socialist Republic of Vietnam on June 17, 2010;

– Decree 15/2018/ND-CP detailing a number of articles of the Food Safety Law;

– Decree 115/2018/ND – CP Decree regulating administrative sanctions for violations in the field of Food Safety;

– Decree 124/2021/ND-CP amending Decree 115/2018/ND-CP amending a number of articles of Decree 115/2018/ND-CP on handling administrative violations in the field of Food Safety.

2. What is food safety?

Food safety is important to ensure that food products do not harm human health and life.

A food safety license, issued by a competent state agency, is an important certificate for businesses, individual businesses or units involved in the field of food production, processing, or supply. To ensure that all related business activities fully comply with food hygiene and safety standards. In this way, not only protecting the interests of consumers but also supporting state management in the food sector.

3. Establishments that do not need to apply for a food hygiene and safety certificate

According to Clause 1, Article 12, Decree 15/2018/ND-CP detailing a number of articles of the Law on Food Safety as follows:

a) Small-scale primary production;

b) Food production and trading without a fixed location;

c) Small-scale preliminary processing;

d) Small-scale food trading;

dd) Pre-packaged food trading;

e) Production and trading of tools, packaging materials, and food containers;

g) Restaurants in hotels;

h) Collective kitchens without a food business registration;

i) Street food trading;

k) The facility has been granted one of the following certificates: Good Manufacturing Practice (GMP), Hazard Analysis and Critical Control Points (HACCP), ISO 22000 Food Safety Management System, International Food Standards (IFS), Global Food Safety Standards (BRC), Food Safety System Certification (FSSC 22000) or equivalent that is still valid.

4. Food hygiene and safety certificate application service provider

Established in 2012, we have accumulated many years of experience in handling a variety of tasks, from “easy” to “difficult” jobs. Viet My is a food hygiene and safety certificate application service provider in Hanoi, more than 1,000 customers trust to carry out procedures every year. Support customers with all procedures – Customers do not need to travel.

4.1 Application for food hygiene and safety certificate

– Application for a certificate of food safety qualified facility;

– Copy of Business Registration Certificate;

– Description of facilities, equipment, and tools ensuring food hygiene and safety conditions according to regulations of competent state management agencies;

– Health certificate of the owner of the facility and the person directly producing and trading food issued by a medical facility at district level or higher;

– List of members working at the facility.

4.2 Procedure for granting food safety certificates

Step 1: Submit the application to the competent state agency;

Step 2: After receiving all valid documents, the competent state agency will establish an appraisal team to inspect the facility. If the facility is eligible, the food safety certificate will be issued. If the facility is not eligible, the application will be returned and the reason will be stated.

Note: Viet My will apply for a food safety certificate on behalf of the customer. You only need to provide us with complete information.

4.3 Time to receive the license

After Viet My receives all documents from the customer, the working process lasts for 15-20 working days. (This time includes the inspection stage from the Inspection Team when coming to the facility for appraisal).

4.4. Conditions for granting food hygiene and safety certificate

Pursuant to Articles 11 and 12 of Decree 15/2018/ND-CP, food production and trading establishments must have a Certificate of food safety qualified establishments when operating, except in the following cases:

– Small-scale initial production;

– Food production and trading without a fixed location;

– Small-scale preliminary processing;

– Small-scale food trading;

– Pre-packaged food trading;

– Production and trading of tools, packaging materials, and food containers;

– Restaurants in hotels;

– Collective kitchens without food business registration;

– Street food trading;

– The facility has been granted one of the following certificates: Good Manufacturing Practice (GMP), Hazard Analysis and Critical Control Points (HACCP), ISO 22000 Food Safety Management System, International Food Standards (IFS), Global Food Safety Standards (BRC), Food Safety System Certification (FSSC 22000) or equivalent that is still valid.

5. Penalties according to food safety regulations

Based on Article 18 of Decree 115/2018/ND-CP on Violations of regulations on Certificates of food safety qualified establishments, the following penalties will be imposed for not having a food hygiene and safety certificate:

A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of providing food services without a Certificate of food safety qualified establishments, except for cases that are not subject to the issuance of a Certificate of food safety qualified establishments according to the provisions of law and violate the provisions of Clause 2 of this Article.

Fines from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of producing and trading food without a Certificate of food safety eligibility, except for cases that are not subject to the issuance of a Certificate of food safety eligibility and violate the provisions of Clause 3 of this Article.

Fines from VND 40,000,000 to VND 60,000,000 shall be imposed for the act of producing health protection foods without a Certificate of food safety eligibility that meets the requirements of good manufacturing practices (GMP) for health protection foods according to the roadmap prescribed by law.

Remedial measures:

a) Forced recall of food for violations of the provisions in Clauses 2 and 3 of this Article;

b) Forced change of use purpose or recycling or forced destruction of food for violations of the provisions in Clauses 2 and 3 of this Article.

Above is the information about applying for a food hygiene and safety certificate, if you have any questions, please contact Viet My immediately for completely free support. We wish you a great service experience at VIET MY LAW AND ACCOUNTING.