Who is not eligible for certificate of food safety in Vietnam?

Who is not eligible for certificate of food safety in Vietnam? What are penalties for failing to obtain the certificate of food safety when providing food and drink services in Vietnam? I have a plan to open a restaurant, I want to know the above issues. Please advise.

1. Who is not eligible for certificate of food safety in Vietnam?

Pursuant to Clause 1, Article 12 of Decree 15/2018/ND-CP, 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.

Thus, if you plan to open a restaurant that falls under the above subjects, you are not eligible for a certificate of food safety in Vietnam.

2. What are penalties for failing to obtain the certificate of food safety when providing food and drink services in Vietnam?

Pursuant to Article 18 of Decree 115/2018/ND-CP has the following provisions:

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 destruction of foods if the violation prescribed in Clause 2 or Clause 3 of this Article is committed.

According to this Article, the act of failing to obtain the certificate of food safety when providing food and drink services in Vietnam, except for cases not subject to a certificate of food safety may be subject to a fine ranging from VND 20,000,000 to VND 30,000,000.

Best Regards!

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