What are the procedures for the grant of certificates of food safety eligibility in Vietnam?
- What are the regulations on the establishments for granting certificates of food safety eligibility in Vietnmam?
- What are the procedures for the grant of certificates of food safety eligibility in Vietnam?
- What are the penalties for violations against regulations on the certificate of food safety in Vietnam?
- What is the charge for appraising a food service establishment in Vietnam?
What are the regulations on the establishments for granting certificates of food safety eligibility in Vietnmam?
Pursuant to the provisions of Article 34 of the Law on Food Safety 2010 as follows:
Article 34. Establishments and conditions for the grant and withdrawal of certificates of food safety eligibility
1. An establishment shall be granted a certificate of food safety eligibility when it fully meets the following conditions:
a/ Having adequate conditions for assuring food safety suitable to each type of food production and trading as prescribed in Chapter IV of this Law;
b/ Having registered for food production and trading as indicated in its business registration certificate.
2. An organization or individual shall have its/his/her certificate of food safety eligibility withdrawn when it/he/she no longer satisfies all conditions prescribed in Clause 1 of this Article.
3. The Government shall specify establishments not subject to the grant of certificates of food safety eligibility.
Thus, in order to be granted a certificate of food safety eligibility, establishments must meet the above conditions.
What are the procedures for the grant of certificates of food safety eligibility in Vietnam?
Pursuant to the provisions of Article 36 of the Law on Food Safety 2010, the applications and procedures for grant of certificates of food safety eligibility are as follows:
Article 36. Dossiers, order and procedures for the grant of certificates of food safety eligibility
1. A dossier of application for a certificate of food safety eligibility comprises:
a/ An application for a certificate of food safety eligibility:
b/ A copy of the business registration certificate:
c/ Written explanations about the satisfaction of food safety and hygiene conditions of physical foundations, equipment and tools as prescribed by competent state management agencies:
d/ Health certificates of the establishments owner and persons directly engaged in food production and trading, issued by a district- or higher-level health establishment:
e/ 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.
2. The order of and procedures for the grant of certificates of food safety eligibility
a/ Food producers and traders shall submit dossiers of application for certificates of food safety eligibility to a competent state management agency defined in Article 35 of this Law;
b/ Within 15 days after the receipt of a complete and valid dossier, the competent state agency shall conduct field inspection of food safety assurance conditions at the producer's or trader's establishment. If all conditions are met. it shall grant a certificate of food safety eligibility; in case of refusing to grant a certificate, it shall issue a written reply clearly stating the reason.
Thus, the application, order and procedures for granting the certificates of food safety eligibility are specified as above.
What are the penalties for violations against regulations on the certificate of food safety in Vietnam?
Pursuant to the provisions of Article 18 of Decree 115/2018/ND-CP as amended by Clause 8, Article 1 of Decree 124/2021/ND-CP as follows:
Article 18. Violations against regulations on the certificate of food safety
1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failing to obtain a certificate of food safety or using an expired certificate of food safety when running food and drink business, except cases where certificate of food safety is exempted.
2. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failing to obtain a certificate of food safety or using an expired certificate of food safety when producing and/or trading foods, except cases where certificate of food safety is exempted.
3. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for commission of one of the following violations:
a) Failing to obtain Good Manufacturing Practice (GMP) certificate or using an expired GMP certificate when producing dietary supplements, except cases where dietary supplements are produced on the herbal drug or traditional drug production lines or other cases as prescribed by the Minister of Health;
b) Trading or placing on the market domestically manufactured or imported dietary supplements granted Certificate of Declaration of conformity with the food safety regulations or certificate of registered product declaration before July 01, 2019 without obtaining GMP certificate or another document of equivalent validity before manufacturing.
4. Remedial measures:
a) Enforced recall of foods if the violation prescribed in Clause 2 or Clause 3 of this Article is committed;
b) Enforced repurposing or recycling or destruction of foods if the violation prescribed in Clause 2 or Clause 3 of this Article is committed.
Thus, if a food service establishment does not have a Certificate of food safety eligibility will be fined as prescribed above.
What is the charge for appraising a food service establishment in Vietnam?
According to point b, Section III of the fee schedule promulgated together with Circular 67/2021/TT-BTC as follows:
III | Verification of fulfillment of eligibility requirements for practicing or trading in food safety sector |
|
1 | Processing of applications for certificate of fulfillment of food safety requirements |
|
a | For food trading establishments | VND 1.000.000/ application/ applicant |
b | For food & beverage service providers: |
|
| - Less than 200 servings | VND 700.000/ application/ applicant |
| - Of 200 servings or more | VND 1.000.000/ application/ applicant |
c | For food producers (except for producers of health supplements) |
|
| For small food producers granted certificate of fulfillment of food safety requirements | VND 500.000/ application/ applicant |
| For other food producers (including those producing and trading foods) granted certificate of fulfillment of food safety requirements | VND 2.500.000/ application/ applicant |
d | For producers of health supplements under GMP instructions | VND 22.500.000/ application/ applicant |
2 | Processing of applications for certificates of eligibility of testing laboratories, conformity certification bodies and inspecting agencies of imported foods: |
|
a | First assessment/ extension assessment | VND 28.500.000/ application/ applicant |
b | Re-assessment | VND 20.500.000/ application/ applicant |
Thus, the charge for the appraisal of food service establishments with less than 200 servings is 700,000 VND/time/facility.
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