Do street food vendors need a certificate of food safety in Vietnam?

Do street food vendors need a certificate of food safety in Vietnam?

Pursuant to Article 12 of Decree 15/2018/ND-CP regulating exemption from the certificate of food safety, accordingly:

1. The following entities are not required to obtain the certificate of food safety:

a) Micro food manufacturers;

b) Mobile food manufacturers and sellers;

c) Micro food processors;

d) Micro food sellers;

dd) Sellers of prepackaged foods;

e) Manufacturers and sellers of instruments and materials for wrapping and storing food;

g) Restaurants within hotels;

h) Industrial kitchens not registered as a food business;

i) Street food vendors;

k) Any food business that has one of the following certificates: GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000 or an equivalent certificate.

2. The entities mentioned in Clause 1 of this Article must satisfy corresponding food safety requirements.

Thus, when you conduct a street food vendor, you do not need a certificate of food safety in Vietnam.

Do street food vendors need a certificate of food safety in Vietnam? (Image from the Internet)

How much is fine for failing to obtain the certificate of food safety when selling foods in Vietnam? 

According to Article 18 of Decree 115/2018/ND-CP stipulating violations against regulations on the certificate of food safety, specifically as follows:

1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failing to obtain the certificate of food safety when providing food and drink services, except the cases where the certificate of food safety is exempted as regulated by laws and the violation prescribed in Clause 2 of this Article.

2. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failing to obtain the certificate of food safety when manufacturing and/or selling foods, except the cases where the certificate of food safety is exempted as regulated by laws and the violation prescribed in Clause 3 of this Article.

3. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for producing dietary supplements but failing to obtain the certificate of GMP for dietary supplements according to the prescribed route.

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 de

In Clause 2, Article 3 of Decree 115/2018/ND-CP amended by Point b, Clause 2, Article 1 of Decree 124/2021/ND-CP, there are provisions as follows:

2. The fines specified in Chapter II hereof shall be imposed on individuals, except the fines specified in Clauses 1 and 5 Article 4, Clause 6 Article 5, Clause 5 Article 6, Clause 6 Article 9, Clause 7 Article 11, Article 18, Article 19, Point a Clause 3 Article 20, Clause 1 Article 21, Clauses 1 and 9 Article 22, Article 24, and Clause 6 Article 26 hereof which shall be imposed on organizations. The fine imposed upon an organization is twice as much as the fine imposed upon an individual for committing the same violation.

The fine imposed upon an individual for committing the violation in Clause 1 or 5 Article 4, Clause 6 Article 5, Clause 5 Article 6, Clause 6 Article 9, Clause 7 Article 11, Article 18, Article 19, Point a Clause 3 Article 20, Clause 1 Article 21, Clause 1 or 9 Article 22, Article 24, or Clause 6 Article 26 hereof shall be reduced by half.

According to this Article, when organizing a food business without a certificate of food safety, except in cases where a certificate of food safety is not required in Vietnam, a fine will be imposed from 30,000,000 to 40,000,000 VND, forcing product recall and changing the purpose of use, recycling or forcing food destruction. For individuals, the fine will be from 15,000,000 to 20,000,000 VND.

Best regards!