Food safety assurance conditions for street food display places in Vietnam

Food safety assurance conditions for street food display places in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Food safety assurance conditions for street food display places in Vietnam

According to Article 31 of the Law on Food Safety 2010, the food safety assurance conditions for street food display places are as follows:

- To be separated from toxic and contaminating sources.

- To display food on tables, shelves or means which meet requirements on food hygiene and safety and street landscape.

2. Food safety assurance conditions for food materials and containers, eating utensils, food containers and street vendors in Vietnam

Food safety assurance conditions for food materials and containers, eating utensils, food containers and street vendors include:

- Materials for processing street food must meet food safety requirements and have clear source and origin.

- Eating utensils and food containers must be hygienically safe.

- Packages and materials in direct contact with food must neither contaminate nor release contaminants into food.

- To have devices to prevent sunshine, rain, dust, insects and harmful animals.

- To sufficiently have technically qualified water for food processing and trading.

- To comply with regulations on health, knowledge and practices of persons directly engaged in food production and trading.

(Article 32 of the Law on Food Safety 2010)

3. Responsibilities for management of street food sale in Vietnam

Responsibilities for management of street food sale is specified in Article 33 of the Law on Food Safety 2010 as follows:

- The Minister of Health shall specify food safety assurance conditions for street food sale.

- People's Committees at all levels shall manage street food sale in their localities.

4. What are the penalties for violations against food safety requirements by street food vendors in Vietnam

According to Article 16 of Decree 115/2018/ND-CP (amended in Decree 124/2021/ND-CP), thepenalties for violations against food safety requirements by street food vendors are as follows

- A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for one of the following violations:

+ Failing to equip tables, cabinets, shelves, stands, equipment and devices which meet corresponding requirements for displaying foods;

+ Foods are not covered and protected from dust, pests or other harmful animals;

+ Failing to wear gloves when working in direct contact with cooked foods/ fast foods.

- A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for one of the following violations:

+ Using food handling devices, food containers or primary packages which fail to satisfy food safety requirements;

+ A street food vendor is suffering from diseases anyone suffers from which is prohibited from selling street foods;

+ Using food additives which have been divided inconsistently with applicable law regulations for processing street foods;

+ Using water that fails to meet corresponding hygiene standards for processing foods, or cleaning working equipment and devices;

+ Committing violations against other food safety requirements set forth in laws on street food business, except the violations prescribed in Clause 1, Points a, b, c and d of Clause 2 of Article 16 of Decree 115/2018/ND-CP.

- In addition, offenders are also subject to enforced destruction of foods if they use food additives which have been divided inconsistently with applicable law regulations for processing street foods is committed.

The fine for violating organizations is 2 times the fine for violating individuals (as prescribed in Point b of Clause 2 of Article 1 of Decree 124/2021/ND-CP)

Nguyen Ngoc Que Anh

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