Hong Bang Law Firm would like to send to Clients advice on procedures for issuing certificates of food safety as follows:

Legal basis

• Law on Food Safety 2010;
• Decree No. 15/2018/ND-CP elaboration of some articles of the law of food safety;
• Decree No. 115/2018/ND-CP on penalties for administrative violations against regulations on food safety.

Objectives

Every food manufacturer and seller must obtain the certificate of food safety, except for those specified as follows:

• Micro food manufacturers;
• Mobile food manufacturers and sellers;
• Micro food processors;
• Micro food sellers;
• Sellers of prepackaged foods;
• Manufacturers and sellers of instruments and materials for wrapping and storing food;
• Restaurants within hotels;
• Industrial kitchens not registered as a food business;
• Street food vendors;
• Any food business that has one of the following certificates: GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000 or an equivalent certificate.

Conditions for issuance of certificates of food safety

Food safety assurance conditions for food processing places and commercial provision of catering services：

• Kitchens are arranged in a way to ensure that unprocessed and processed food is not cross-contaminated.
• Having sufficient technically qualified water for food processing and trading.
• Having hygienic devices for collecting and containing garbage and waste.
• Sewers in the areas of shops and kitchens must be drained without any stagnancy.
• Eating rooms must be airy. cool, sufficiently lit and kept clean and have equipment to prevent insects and harmful animals.
• Having food preservation equipment and toilets and collecting waste and garbage daily.
• Heads of units having collective kitchens shall take responsibility for food safety.
• Food safety assurance conditions for food producers and traders
• Having suitable venues with appropriate areas and safety distance from toxic and contaminating sources and other harmful factors;
• Having sufficient technically qualified water for food production and trading:
• Having adequate appropriate equipment to process materials and process, package, preserve and transport different types of food: having adequate washing and sterilization equipment and tools, disinfecting fluid, and equipment for preventing and controlling insects and harmful animals;
• Having a waste treatment system which operates regularly under the law on environmental protection:
• –Maintaining food safety assurance conditions and keeping records of source and origin of food materials and other documents on the entire food production and trading process;
• Complying with regulations on health, knowledge and practices of persons directly engaged in food production and trading

Procedure

Dossier

• An application for a certificate of food safety eligibility:
• A copy of the business registration certificate:
• Written explanations about the satisfaction of food safety and hygiene conditions of physical foundations, equipment and tools as prescribed by competent state management agencies:
• Health certificates of the establishments owner and persons directly engaged in food production and trading, issued by a district- or higher-level health establishment:
• Certificates of training in knowledge about food safety and hygiene of the establishment’s owner and persons directly engaged in food production and trading as prescribed by line ministers.

 Note:

• All officials and employees in the unit applying for a certificate of food safety must be healthy enough to ensure the operation of the facility. Health examination for officials and employees is one of the mandatory requirements in the procedure for applying for a certificate of food safety eligibility.
• At the same time, officials and employees of the producers and traders must participate in training knowledge on food safety and hygiene. The owner of the facility will have to undergo a test related to food safety.

Competent authority

• Department of Health grants certificates of food safety to food processing places and commercial provision of catering services.
• Department of Industry and Trade grants certificates of food safety to for food producers and traders

Time of implementation

15 working days from the date of valid application

Services of Hong Bang Law Firm

•  Advise clients to prepare dossiers;
• Support clients to notarized and certify documents of foreign countries (if any);
• Draft, prepare and check the validity of the dossier;
• Represent clients to carry out procedures with competent authority;
• Hand over the results to the clients.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!