The Certificate of Food Safety Eligibility (also commonly referred to as the Food Safety Certificate) is an important legal document for many establishments engaged in food production and trading in Vietnam.

Before commencing operations, businesses should determine whether their establishment is required to obtain this certificate, prepare the required documents, and ensure that their facilities and operations satisfy applicable food safety requirements.

This article provides an overview of the latest conditions, required documents, procedures, and application process for obtaining a Certificate of Food Safety Eligibility in Vietnam.

1. Legal Basis for the Certificate of Food Safety Eligibility

The procedure for obtaining a Certificate of Food Safety Eligibility is primarily governed by the following legal instruments:

• Law on Food Safety No. 55/2010/QH12 dated June 17, 2010;
• Decree No. 15/2018/ND-CP dated February 2, 2018, detailing the implementation of certain provisions of the Law on Food Safety;
• Relevant regulations and guidelines issued by the Ministry of Health, the Ministry of Agriculture and Environment, and the Ministry of Industry and Trade, depending on the type of food and the business activities of the establishment.

2. Which Establishments Are Required to Obtain a Food Safety Certificate?

Under Article 11 of Decree No. 15/2018/ND-CP, establishments engaged in food production or trading are generally required to obtain a Certificate of Food Safety Eligibility, unless they fall within one of the exemption cases specified by law.

Certain establishments are exempt from the requirement to obtain the Certificate, including:

• Small-scale initial food production establishments;
• Food production or trading establishments without a fixed location;
• Small-scale food processing establishments;
• Small-scale food trading establishments;
• Establishments trading in pre-packaged food;
• Establishments manufacturing or trading in food packaging and containers;
• Restaurants located within hotels;
• Collective kitchens that do not register food trading activities;
• Street food businesses; and
• Establishments holding valid certifications such as GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000, or equivalent certifications.

3. Conditions for Obtaining a Certificate of Food Safety Eligibility

3.1. General Conditions

Under Article 34 of the Law on Food Safety, an establishment must satisfy the following conditions to obtain a Certificate of Food Safety Eligibility:

First, the establishment must satisfy all applicable food safety conditions corresponding to its type of food production or trading activities.

Second, the establishment must register food-related business activities in its Enterprise Registration Certificate or other applicable business registration document.

In addition, the establishment must satisfy requirements concerning its premises, equipment, employees, food storage, waste treatment, and other relevant food safety conditions.

3.2. Requirements for Facilities and Equipment

Depending on the type and scale of the establishment, the premises and equipment should generally satisfy the following requirements:

• The location and premises must be suitable for food production or trading and maintain a safe distance from sources of contamination;
• An adequate supply of water meeting applicable technical standards must be available;
• Equipment and utensils must be suitable for the preparation, processing, packaging, preservation, and transportation of food;
• Appropriate facilities and equipment for cleaning and disinfection must be provided;
• Measures must be implemented to prevent insects and harmful animals;
• Waste must be collected and treated in accordance with applicable regulations;
• Food production and trading areas must be maintained in a hygienic condition;
• Records relating to the origin and traceability of raw materials and food products must be maintained; and
• Employees directly involved in food production or trading must satisfy applicable requirements concerning health, food safety knowledge, and food safety practices.

The specific requirements may vary depending on the type of food and the competent authority responsible for managing the relevant sector.

4. Required Documents for Obtaining the Food Safety Certificate

The application dossier for a Certificate of Food Safety Eligibility generally includes the following documents:

4.1. Application for the Certificate

4.2. Copy of the Enterprise Registration Certificate

4.3. Explanation of Facilities and Equipment

The application dossier must include an explanation of the establishment’s:

• Premises and facilities;
• Equipment and utensils;
• Food production or processing areas;
• Food storage conditions; and
• Other measures implemented to ensure food safety.

The information provided in this document should accurately reflect the actual condition of the establishment.

4.4. Health-Related Documents

4.5. Food Safety Knowledge Documents

5. Procedure for Obtaining a Certificate of Food Safety Eligibility

Step 1: Determine Whether the Establishment Requires Certification

First, the business should determine:

• The type of establishment;
• The food products being produced or traded;
• The scale of operations;
• The competent regulatory authority; and
• Whether the establishment falls within an exemption under Article 12 of Decree No. 15/2018/ND-CP.

This is an important step because food safety management responsibilities are divided among different authorities depending on the relevant food products and business activities.

Step 2: Prepare the Facilities and Equipment

Before submitting the application, the business should review and complete the establishment’s:

• Premises and production areas;
• Processing areas;
• Equipment and utensils;
• Water supply and drainage systems;
• Food storage facilities;
• Waste treatment system;
• Pest control measures; and
• Employee hygiene conditions.

Ensuring that the actual facilities satisfy the applicable requirements before submission can help reduce the risk of failing the on-site inspection.

Step 3: Prepare the Application Dossier

The establishment prepares the required documents in accordance with the applicable regulations and forms.

All information in the application dossier should be consistent with the actual conditions of the establishment.

Step 4: Submit the Application

The application must be submitted to the competent authority responsible for food safety management in the relevant sector.

Depending on the type of food and business activity, the competent authority may fall under the Ministry of Health, Ministry of Industry and Trade, Ministry of Agriculture and Environment, or a competent authority to which the relevant functions have been delegated or decentralized.

Step 5: On-Site Inspection

After receiving a valid application dossier, the competent authority will conduct an on-site inspection to assess whether the establishment satisfies the applicable food safety conditions.

The inspection may cover:

• Premises and layout;
• Production and processing areas;
• Equipment and utensils;
• Food storage conditions;
• Water supply;
• Waste treatment;
• Pest control;
• Hygiene practices; and
• Compliance with applicable food safety requirements.

Businesses should therefore ensure that the actual conditions of the establishment correspond to the information submitted in the application.

Step 6: Issuance of the Certificate

Under Article 36 of the Law on Food Safety, within 15 days from the date on which a complete and valid application dossier is received, the competent authority will conduct an on-site inspection of the establishment.

If the establishment satisfies all applicable requirements, the competent authority will issue the Certificate of Food Safety Eligibility.

If the certificate is not issued, the competent authority must provide a written explanation stating the reasons for the refusal.

6. Validity Period of the Food Safety Certificate

Under Article 37 of the Law on Food Safety, a Certificate of Food Safety Eligibility is valid for 03 years from the date of issuance.

An establishment wishing to continue its food production or trading activities should pay attention to the expiry date of the certificate and prepare the relevant procedure for renewal or re-issuance in accordance with applicable regulations.

Businesses should not wait until the certificate has expired before reviewing their legal compliance, as this may affect their ability to continue lawful operations.

Tags: FoodSafety, FoodSafetyCertificate