Procedures and applications for the issuance of certificates of food safety in Vietnam

Regarding this matter, LawNet would like to answer as follows:

1. What is certificate of food safety?

The full name of the certificate of food safety is the certificate of eligibility for food safety. This is a certificate issued by the competent authority for food production, business establishments, and catering services that meet the requirements and conditions for food safety as prescribed.

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

Pursuant to Clause 2 of Article 6 of Decree 67/2016/ND-CP (amended by Clause 3 of Article 2 of Decree 155/2018/ND-CP):

The application for the Certificate must be made in accordance with the regulations in clause 1, Article 36 of the Law on Food Safety 2010 and must contain:

a. An application form for the Certificate using form No.01 in Appendix I hereto.

b. A copy of the Business Registration Certificate or the Enterprise Registration Certificate which specifies the business suitable to the types of food manufactured by the facility (must be confirmed by such facility).

c. A list of food producers and food service providers who are trained and provided with food safety knowledge. Such list must be confirmed by the facility owner.

At the same time, complying with the provisions of Clause 1, Article 36 of the Law on Food Safety 2010, an application for a certificate of food safety comprises:

- 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.

3. Order and procedures for issuance of certificates of food safety

Pursuant to Clause 3 ofArticle 6 of Decree 67/2016/ND-CP (amended by Clause 3 of Article 2, Decree 155/2018/ND-CP) and Clause 2 of Article 36 of the Law on Food Safety 2010, the order of and procedures for the grant of certificates of food safety are as follows:

- Send the application specified in clause 2 of Article 6 of Decree 67/2016/ND-CP through the online public service system or by post or in person at the receiving authority.

- 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.

Note:

- If the application is not satisfactory, the receiving authority shall send a written notification to the facility within 05 working days from the date on which the complete application is received. After 30 days from the date on which such notification is received, if the facility does not provide additional documents and complete the application as requested, such application will be invalidated. If needed, organizations and individuals shall submit new application to receive the Certificate.

- If the application is satisfactory, within 15 working days from the date on which the complete application is received, the receiving authority shall establish an appraisal team or authorize another appraisal unit to write an appraisal document using form No. 02 in Appendix to Decree 155/2018/ND-CP. If the receiving authority authorizes its inferior competent agency, it must provide an authorization document. The appraisal team, which receives a Certificate from the competent agency or authorized by it to carry out the appraisal tasks, shall be established with 03 to 05 members. At least 03 members must carry out food safety tasks (may invite experts who are suitable for the food production of the facility to participate in the appraisal).

- If the appraisal results satisfy the requirements, within 05 working days from the date on which such results are received, the receiving authority shall issue the Certificate by using form No. 03 in Appendix to Decree 155/2018/ND-CP.

-  If the appraisal results are not satisfactory and the weaknesses are rectifiable, the appraisal team must specify the necessary rectifications and allow a period of 30 days for rectification. After receiving the rectification report from the facility, within 05 working days, the appraisal team must evaluate such rectification result and write the conclusion in the appraisal document. If the rectification result is satisfactory, the facility will be granted a Certificate according to point d of this clause. If the rectification result is not satisfactory, the receiving authority shall send a written notification of the appraisal result to the facility and the local regulatory agency.

If the appraisal result is not satisfactory, the receiving authority shall send a written notification to the local regulatory agency for it to carry out supervision and request the facility not to operate until such facility receives the Certificate.

Best regards!

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