29/12/2023 11:34

Application and procedures for issuance of the certificate of food safety in Vietnam

Application and procedures for issuance of the certificate of food safety in Vietnam

What are the regulations on application and procedures for issuance of the certificate of food safety in Vietnam? Huy Khanh – Ca Mau.

Hello, Lawnetwould like to answer as follows:

1. Establishments and conditions for the grant and withdrawal of certificates of food safety eligibility in Vietnam

Article 34 of the Law on Food Safety 2010 stipulates the establishments and conditions for the grant and withdrawal of certificates of food safety eligibility as follows:

- An establishment shall be granted a certificate of food safety eligibility when it fully meets the following conditions:

= Having adequate conditions for assuring food safety suitable to each type of food production and trading as prescribed in Chapter IV of the Law on Food Safety 2010;

= Having registered for food production and trading as indicated in its business registration certificate.

- An organization or individual shall have its/his/her certificate of food safety eligibility withdrawn when it/he/she no longer satisfies all conditions prescribed Clause 1 of Article 34 of the Law on Food Safety 2010.

In addition, the Government shall specify establishments not subject to the grant of certificates of food safety eligibility.

2. Application for issuance of the certificate of food safety in Vietnam in 2024

An application for issuance of a new certificate includes:

- An application form, which is made using the Form No.01a in the Appendix enclosed with Decree 17/2020/ND-CP;

Form No. 01a: Download 

- A copy of the Enterprise registration certificate or Investment certificate or Business registration certificate;

- A description of infrastructure, equipment and implements meeting food safety requirements, which is made using the Form No. 02a (if the applicant is a food producer) or Form No. 02b (if the applicant is a food seller) or both Forms (if the applicant is a food production and trading establishment) in the Appendix I enclosed with Decree 17/2020/ND-CP;

Form No. 02a: Download 

Form No. 02b: Download 

- A list of physically fit persons, which is certified by the applicant’s owner or certificates of fitness of the applicant’s owner and persons directly participating in the food production and trading, which are issued by the health facility at district level or higher;

- Certificates of training in food safety of persons who directly participate in the food production and trading, which are confirmed by the applicant’s owner.

- The applicant for issuance of the certificate of food safety shall submit the application to the competent authority, whether:

+ in person,

+ by post or

+ online.

(Pursuant to Article 12 of Decree 17/2020/ND-CP)

3. Procedures for issuance of the certificate of food safety in Vietnam

The competent authority shall receive and inspect the legitimacy of the application, carry out a site inspection and issue the certificate of food safety. Procedures for issuance of the certificate of food safety:

- Receive and inspect the legitimacy of the application

Within 05 working days from the receipt of the application, the competent authority shall inspect its legitimacy; if it is not satisfactory, the competent authority must request the applicant in writing to supplement it. If the application fails to supplement or insufficiently supplement the application within 30 working days from the date on which a written request is made, the application will be invalidated.

- Establish an inspectorate

Within 15 working days from the date on which the received application is inspected and certified satisfactory, the competent authority shall organize a site inspection. If an inferior authority is authorized to carry out the site inspection, a written authorization is required. After the inspection is done, the inferior authority must send an inspection record to the superior authority to form the basis for issuing the certificate of food safety.

The inspectorate shall be established by the issuing authority or the authority authorized to carry out the site inspection. An inspectorate is comprised of 03 – 05 members, at least 02 of whom are specialized in foods or food safety (obtain academic qualifications in foods or food safety) or in food safety management. The inspectorate is entitled to invite independent experts who acquire appropriate professional qualifications. The chief of the inspectorate shall take responsibility for results of site inspection.

- Carry out the site inspection

= Inspect the consistency of the documents included in the application for issuance of the certificate of food safety submitted to the competent authority with their originals kept by the applicant;

= Assess the satisfaction of food safety conditions by the applicant.

- Give the site inspection result

= The inspection result which is “Passed”, “Partially passed” or “Failed” must be specified in the inspection record made according to the Form No. 03a if the applicant is a food manufacturer or the Form No. 03b if the applicant is a food seller or both Forms if the applicant is a food manufacturing and trading establishment.

Form No. 03a: Download 

Form No. 03b: Download 

The certificate of food safety is issued to a general food trading establishment when at least a group of food products is given “Passed” result. Groups of food products given “Passed” result shall be specified in the certificate of food safety issued to this establishment.

= If "Failed” or “Partially passed” result is given, reasons shall be included in the inspection record. If the “Partially passed” result is given, rectification must be completed within 60 days from the date on which the inspection record is obtained. After the rectification has been done at the request of the inspectorate, the applicant shall submit a rectification report made according to the Form No. 04 in the Appendix I enclosed with Decree 17/2020/ND-CP and pay inspection fees to the competent authority so as to carry out the site inspection again in accordance with regulations laid down in Point c of Clause 1 of Article 13 of Decree 17/2020/ND-CP.

Form No. 04: Download 

The re-inspection must be carried out within 10 working days from the date on which the rectification report is received. If the applicant fails to submit the rectification report, the submitted application for the certificate of food safety and the inspection record which includes “Partially passed” result shall be invalidated.

If the re-inspection result is “Failed” or the rectification report is not sent by the prescribed rectification deadline, the competent authority shall request local the local authority in writing to supervise and request the applicant not to operate until it obtains the certificate of food safety.

= The site inspection record shall be made into 02 equally authentic copies, among which one is kept by the inspectorate and the other is kept by the applicant.

- Issue the certificate of food safety

Within 05 working days from the date on which the “Passed” result is given, the competent authority shall issue the certificate of food safety made according to the Form No. 05a (if the applicant is a food producer) or Form No. 05b (if the applicant is a food seller) or Form No. 5c (if the applicant is a food production and trading establishment) in the Appendix I enclosed with Decree 17/2020/ND-CP.

Form No. 05a: Download 

Form No. 05b: Download 

Form No. 05c: Download 

Thus, the order and procedures for granting a Certificate of eligibility for food safety include the following main steps:

- Step 1: Receive and inspect the legitimacy of the application within 5 working days.

- Step 2: Establish an inspectorate within 15 days from the date of valid application.

- Step 3: If the result is "Wait for completion", the facility owner has 60 days to amend it; If the result is "Pass", a Certificate will be issued.

- Step 4: Issue Certificate within 5 days from the "Pass" appraisal result.

(Pursuant to Article 13 of Decree 17/2020/ND-CP)

Sincerely!

Nguyen Ngoc Tram
23


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