What is the validity period of the certificate of food safety in Vietnam?

What is the validity period of the certificate of food safety in Vietnam?

Pursuant to Article 7 of the Circular 43/2018/TT-BCT stipulating validity of the certificate of food safety in Vietnam as follows:

1. A certificate of food safety shall be valid up to 03 years. At least 06 months before the certificate of food safety expires, the certificate holder must submit the application for re-issuance of the certificate of food safety in accordance with regulations in Clause 1 Article 4 hereof if the certificate holder plans to continue food production and business operations.

2. The valid period of the certificate of food safety re-issued as regulated in Clause 2, Clause 4 or Clause 5 Article 4 hereof must correspond to the valid period of the old one.

3. The certificate of food safety re-issued as regulated in Clause 3 Article 4 hereof shall be valid for 03 years from the date of re-issue.

As regulations above, the certificate of food safety in Vietnam shall be valid up to 03 years.

What are the fines for using expired certificate of food safety in Vietnam?

Pursuant to Article 18 of the Decree 115/2018/NĐ-CP (amended by Clause 8 Article 1 of the Decree 124/2021/NĐ-CP) stipulating violations against regulations on the certificate of food safety in Vietnam as follows:

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.

Pursuant to Clause 2 Article 3 of the Decree 115/2018/NĐ-CP (amended by Clause 2.b Article 1 of the Decree 124/2021/NĐ-CP) stipulating 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.

As regulations above, a fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on individuals for using expired certificate of food safety in Vietnam. If the violator is an organization, the shall be from VND 10,000,000 to VND 15,000,000 for this violation.

What are regulations on documents and procedures for re-issuance of certificate of food safety in Vietnam?

Pursuant to Clause 2 Article 37 of the Law on Food Safety in 2010 stipulating validity duration of certificates of food safety eligibility in Vietnam as follows:

2. At least 6 months before the expiration date of a certificate of food safety eligibility, if the food producer or trader wishes to continue its/ his/her production or trading activities, it/he/she shall submit a dossier of application for the re-grant of a certificate of food safety eligibility. Dossiers of application and the order of and procedures for re-grant of certificates comply with Article 36 of this Law.

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 in Vietnam as follows:

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.

Above are regulations on documents and procedures for re-issuance of certificate of food safety in Vietnam.

Best regards!