What are cases of revocation of the certificate of food safety in Vietnam?

Which entities are not required to obtain the certificate of food safety in Vietnam?

Pursuant to Article 12 of the Decree 15/2018/ND-CP stipulating exemption from the certificate of food safety as follows:

Exemption from the certificate of food safety

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.

As regulations above, the following entities are not required to obtain the certificate of food safety:

- Micro food manufacturers;

- Mobile food manufacturers and sellers;

- Micro food processors;

- Micro food sellers;

- Sellers of prepackaged foods;

- Manufacturers and sellers of instruments and materials for wrapping and storing food;

- Restaurants within hotels;

- Industrial kitchens not registered as a food business;

- Street food vendors;

- Any food business that has one of the following certificates:

+ GMP, HACCP;

+ ISO 22000, IFS, BRC;

+ 22000 or an equivalent certificate.

What are cases of revocation of the certificate of food safety in Vietnam? - image from internet

What documents are included in the dossier for the grant of certificates of food safety in Vietnam?

Pursuant to Article 36 of the Law on Food Safety in 2010 stipulating dossiers, order and procedures for the grant of certificates of food safety eligibility as follows:

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.

As regulations above, documents included in the dossier for the grant of certificates of food safety in Vietnam are as follows:

- 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.

What are cases of revocation of the certificate of food safety in Vietnam?

Pursuant to Article 9 of the Circular 43/2018/TT-BCT stipulating revocation of the certificate of food safety as follows:

Revocation of the certificate of food safety

1. The certificate of food safety shall be revoked in the following circumstances:

a) Documents included in the application for the certificate of food safety are forged;

b) The certificate of food safety is lent or rent;

c) Contents of the certificate of food safety are altered;

d) Production and business operations are permanently suspended.

2. Power to revoke the certificate of food safety:

a) The regulatory authority that issues the certificate of food safety shall have the power to revoke the issued certificate of food safety;

b) A regulatory authority is entitled to revoke certificates of food safety issued by its inferior authorities.

As regulations above, the certificate of food safety shall be revoked in the following circumstances:

- Documents included in the application for the certificate of food safety are forged;

- The certificate of food safety is lent or rent;

- Contents of the certificate of food safety are altered;

- Production and business operations are permanently suspended.

The following agencies have the power to revoke the certificate of food safety:

- The regulatory authority that issues the certificate of food safety shall have the power to revoke the issued certificate of food safety;

- A regulatory authority is entitled to revoke certificates of food safety issued by its inferior authorities.

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