What are the cases of exemption from the certificate of food safety in Vietnam?

What are the cases of exemption from the certificate of food safety in Vietnam? - Tien Thanh (Dong Nai)

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

1. Conditions for the grant and withdrawal of certificates of food safety eligibility in Vietnam

According to Clause 1, Article 34 of the Law on Food Safety 2010, an establishment shall be granted a certificate of food safety eligibility when it fully meets the following conditions:

- Having adequate conditions for assuring food safety suitable to each type of food production and trading as prescribed in Chapter IV of the Law on Food Safety 2010;

- Having registered for food production and trading as indicated in its business registration certificate.

2. Cases of exemption from the certificate of food safety in Vietnam

According to Clause 1, Article 12 of Decree 15/2018/ND-CP, 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, FSSC 22000 or an equivalent certificate.

3. Competence to grant and withdraw certificates of food safety eligibility in Vietnam

Competence to grant and withdraw certificates of food safety eligibility in Vietnam according to Article 35 of the Law on Food Safety 2010 is as follows:

The Minister of Health, the Minister of Agriculture and Rural Development and the Minister of Industry and Trade shall specify the competence to grant and withdraw certificates of food safety eligibility in their assigned management domains.

4. Dossiers, order and procedures for the grant of certificates of food safety eligibility in Vietnam

Dossiers, order and procedures for the grant of certificates of food safety eligibility according to Article 36 of the Law on Food Safety 2010 are as follows:

* A dossier of application for a certificate of food safety eligibility comprises:

- 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.

* The order of and procedures for the grant of certificates of food safety eligibility

- 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;

- 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.

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