What are cases in which state inspection of food safety is exempted unless there if a food safety warning in Vietnam?

What are cases in which state inspection of food safety is exempted unless there if a food safety warning in Vietnam? What are entities not required to obtain the certificate of food safety in Vietnam?

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

According to Article 12 of Decree 15/2018/ND-CP stipulating entities not required to obtain the certificate of food safety in Vietnam:

Article 12. entities not required to obtain the certificate of food safety in Vietnam

1. The following entities are not subject to issuance of a Certificate of Food Safety Eligibility:

a) Small-scale initial production;

b) Food production and business without a fixed location;

c) Small-scale preliminary processing;

d) Small-scale food business;

dd) Packaged food business;

[...]

Thus, entities not required to obtain the certificate of food safety in Vietnam include:

- Small-scale initial production

- Food production and business without a fixed location

- Small-scale preliminary processing

- Small-scale food business

- Packaged food business

- Production and business of tools, packaging materials, and food containers

- Restaurants within hotels

- Collective kitchens without food business registration

- Street food business

- entities already issued with one of the following certificates: Good Manufacturing Practice (GMP), Hazard Analysis and Critical Control Points (HACCP), ISO 22000 Food Safety Management System, International Food Standard (IFS), Global Standard for Food Safety (BRC), Food Safety System Certification (FSSC 22000) or equivalent and still valid

Note: The above entities must comply with the corresponding food safety assurance conditions.

Which  products  and  goods  are  exempt  from  state  inspection  of  imported  food  safety?

What are cases in which state inspection of food safety is exempted unless there if a food safety warning in Vietnam?​ (Image from the Internet)

When is a Certificate of Food Safety Eligibility issued?

According to Article 34 of the Law on Food Safety 2010 stipulating the establishments and conditions for the grant and withdrawal of certificates of food safety eligibility in Vietnam:

Article 34. Establishments and conditions for the grant and withdrawal of certificates of food safety eligibility

1. An establishment is issued a Certificate of Food Safety Eligibility when it meets the following conditions:

a) Having adequate conditions to ensure food safety suitable for each type of food production and business as stipulated in Chapter IV of this Law;

b) Having registered food business lines in the Business Registration Certificate.

2. Organizations and individuals shall have their Certificate of Food Safety Eligibility revoked when they fail to meet the conditions specified in item 1 of this Article.

3. The Government of Vietnam specifically regulates the subjects that are not subject to issuance of a Certificate of Food Safety Eligibility.

Thus, a Certificate of Food Safety Eligibility is issued when the following conditions are met:

- Having adequate conditions to ensure food safety suitable for each type of food production and business

- Having registered food business lines in the Business Registration Certificate.

What are cases in which state inspection of food safety is exempted unless there if a food safety warning in Vietnam?

According to Article 13 of Decree 15/2018/ND-CP as amended by point d, clause 2, Article 41 of Decree 85/2019/ND-CP, the products and goods exempt from state inspection of imported food safety include:

- Products that have been issued a Certificate of Registration Acceptance;

- Gifts within the duty-free import limit as prescribed by tax laws;

- Products imported for personal use of subjects entitled to diplomatic privileges and immunities;

- Products in transit, transshipment, temporary import for re-export, or stored in bonded warehouses;

- Products used for experimental or research purposes with a quantity appropriate for the trial or research purpose confirmed by an organization or individual;

- Products used for trade fair or exhibition display;

- Products, production materials imported solely for production, processing for export, or serving internal production of an organization or individual not consumed domestically;

- Products temporarily imported for sale at duty-free shops;

- Goods imported to meet urgent requirements as directed by the Government of Vietnam, the Prime Minister of the Government of Vietnam.

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