What are the penalties for restaurants not having wastebaskets in Vietnam?

What are the penalties for restaurants not having wastebaskets in Vietnam? (Internet image)

Is it mandatory for restaurants in Vietnam to have wastebaskets?

Given the current social situation, with an increasing number of food poisoning cases, the demand for ensuring food safety and hygiene is receiving more attention, especially for small-scale food producers and traders that serve dishes like noodles, morning porridge, or office lunch boxes.

According to Clause 1, Article 22 of the Law on Food Safety 2010, small-scale food producers and traders must meet the following food safety assurance conditions:

- Ensuring safely distance from toxic and contaminating sources:

- Having sufficient technically qualified water for food production and trading:

- Having appropriate equipment for food production and trading which neither harm nor contaminate food;

- Using materials, chemicals, food additives, processing aids, food-packaging tools and food packages and containers in preliminary processing, processing and preservation of food;

- Complying with regulations on health, knowledge and practices of persons directly engaged in food production and trading:

- Collecting and treating waste under the law on environmental protection;

- Maintaining food safety assurance conditions and storing trading-related information to ensure the tracing of food origin.

Thus, having wastebaskets and items to collect waste is a mandatory requirement for restaurants to ensure food safety and hygiene.

What are the penalties for restaurants not having wastebaskets in Vietnam?

According to Article 15 of Decree 115/2018/ND-CP, violations against food safety requirements by food and drink businesses can result in fines, suspension of operations, and remedial measures (if any).

To be specific:

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

- Displaying or storing foods by equipment, devices and materials which are unconformable with hygiene standards;

- Failing to provide sufficient and separate devices and equipment for processing, storing and containing fresh foods and processed foods;

- The area where foods are processed, sold or stored is penetrated by pests or harmful animals;

- Using persons who directly process foods but do not wear hats (or hair nets) and masks, or do not have their nails cut, or do not wear gloves when working in direct contact with cooked foods/ fast foods.

A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

- Failing to comply or improperly complying with regulations on 3-step food checking;

- Failing to comply or improperly complying with regulations on food sample storage;

- Equipment and vehicles used for transporting and storing meals ready-to-eat/ fast foods are unconformable with hygiene standards or contaminate foods;

- Wastewater is stagnant in the food processing area; the sewage system is not closely and carefully covered;

- Restroom or hand wash area is not available;

- Solid waste containers are not covered.

 A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for hiring persons who fail to have certificates of competence in food safety to directly process foods.

A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

- Using water that fails to meet requirements set forth in relevant technical regulations or hygiene standards to serve the food processing or clean equipment and devices;

- The business’s owner fails to have the certificate of competence in food safety as regulated by laws;

- Failing to collect and treat waste and garbage within the scope of the food and drink business as regulated by law;

- Committing violations against other food safety requirements set forth in law on food and drink business, except the violations prescribed in Clause 1, Clause 2, Clause 3, Points a, b and c Clause 4, Clause 5 of this Article.

 A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for hiring persons who are suffering from diseases and thus not permitted to work in food and drink business.

**In addition, business establishments may also be suspended for a period of 01 – 03 months

Thus, in the case of restaurants that do not have wastebaskets, individuals and organizations may be fined from 3,000,000 VND to 5,000,000 VND.

Truong Quang Vinh

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