CERTIFICATE OF FOOD SAFETY ELIGIBILITY

A certificate of food safety eligibility is a compulsory license for food production and trading establishments. With the current thriving market, when human consumption increases, the percentage of restaurants, and cafes are being opened a lot. However, are all food production and business establishments required to have this certificate? Is my establishment required to apply for a permit and how to get this license are concerns that many customers are facing.so.

With many years of experience accompanying many organizations operating in the fields of restaurants, trading food products. Hereinafter, Lawplus would like to send to you the legal provisions on the Certificate of Food Safety Eligibility for your reference and application to your establishment.

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 1. Subjects who are granted the Certificate of food safety eligibility.

Pursuant to Article 11 of Decree 15/2018/ND-CP dated February 2, 2018, food production and trading establishments must have a Certificate of Food safety eligibility when operating, except for the following cases which are specified in Clause 1, Article 12 of this Decree.

Particularly:

The following establishments are not eligible for the Certificate of food safety eligibility:

– Small initial production;

– Producing and trading in food without fixed locations;

– Preliminary small l E;

– Trading in small foods;

– Trading in prepackaged foods;

– Producing and trading in food packaging tools and materials;

– Restaurant in the hotel;

– Collective kitchens do not have registration of food business;

– Street food business;

– The establishment has been granted one of the Certificates: Good.Manufacturing Practices (GMP), Hazard Analysis System and Critical Control Point (HACCP),.ISO 22000 Food Safety Management System, International Food Standards (IFS), Global Standards for Food Safety (BRC),.Food Safety System Certification (FSSC 22000) or equivalent.

Establishments specified above must comply with relevant requirements on food safety conditions.

2. Conditions for the establishments grant of Certificates of food safety eligibility

Pursuant to Article 34 of the Law on Food Safety, an establishment is granted a Certificate of eligibility for food safety when it fully meets the following conditions:

Firstly, having all conditions for ensuring food safety suitable to each type.of food production and trading as prescribed in Chapter IV of this Law. Specifically, based on Section 1 Chapter 4 of the Law on Food Safety,.the general conditions on food safety assurance for food for ensuring food safety.in food production and trading are as follows:

 a) Food safety assurance conditions for food producers and traders

– Food producers and traders must meet the following conditions:

+ Having.suitable venues with appropriate areas and safety distance from toxic and contaminating sources and other harmful factors;

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

+ Having.adequate appropriate equipment to process materials and process, package, preserve and transport different types of food: having adequate washing and sterilization equipment and tools, disinfecting fluid, and equipment for preventing and controlling insects and harmful animals;

+ Having a waste treatment system which operates regularly under the law on environmental protection:

+ Maintaining food safety assurance conditions and keeping records of source and origin of food materials and other documents on the entire food production and trading process;

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

b) Food safety assurance conditions for food preservation

– Food producers and traders must meet the following conditions for food preservation:

+ Having preservation places and means which are large enough to preserve each type of food separately, allow technically safe and precise loading and unloading and guarantee preservation hygiene:

+ Preventing the effects of temperature, humidity, insects, animals, dust, strange smell and negative environmental effects: guaranteeing sufficient light: having special-use equipment for adjusting temperature, humidity and other climate conditions, ventilation equipment and other special preservation conditions required by each type of food;

+ Complying with preservation regulations of food producers and traders.

 c) Food safety assurance conditions for food transportation

– Organizations and individuals transporting food must meet the following conditions:

+ Means for transporting foods are made of materials which do not contaminate food and food packages and are easy to clean;

+ Food preservation conditions as required by food producers and traders are maintained throughout the course of transportation;

+ Food is not transported together with toxic goods or goods which may cause cross-contamination and affect food quality.

d) Food safety assurance conditions for small-scale food production and trading

 – 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.

– The Minister of Health, the Minister of Agriculture and Rural Development and the Minister of Industry and Trade shall promulgate national technical regulations and specify food safety assurance conditions for small-scale food production and trading in their assigned management domains.

– People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) shall promulgate local technical regulations and specify food safety assurance conditions for small-scale food production and trading for local particular food.

In addition, depending on each type of food production and business, enterprises must answer the conditions in Sections 2,3,4,5, Chapter IV of the Law on Food Safety. In there:

– Section.2: Conditions for ensuring food safety in production and trading of fresh food.

– Section 3: Conditions for ensuring food safety in preliminary processing, food processing and trading in processed foods

– Section.4: Conditions for ensuring food safety in food service business

– Section 5: Conditions for ensuring food safety in street food business

Secondly, having registered for food production and trading as indicated in its business registration certificate.

3. Dossier, order and procedures for granting the Certificate of eligibility for food safety

Pursuant to Article 36.37 of the Law on Food Safety:

a. An application file for a Certificate of food safety eligibility includes:

  • An application form for a Certificate of eligibility for food safety;
  • Copy of Business Registration Certificate;
  • An explanation of the physical facilities, equipment and tools to ensure food hygiene and safety conditions as prescribed by the competent state management agency;
  • A health certificate of the establishment owner and the person directly producing and trading food, issued by a district-level or higher-level health facility;
  • Certificate of training in knowledge of food safety of the establishment owner and of the person directly producing and trading food according to regulations of the Minister in charge of the industry.

b. The order and procedures for granting the Certificate of food safety eligibility are specified as follows:

– Tổ chức, cá nhân sản xuất, kinh doanh thực phẩm nộp hồ sơ xin cấp Giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm cho cơ quan nhà nước có thẩm quyền. Cụ thể quy định tại Điều 35 của Luật này như sau: Bộ trưởng Bộ Y tế, Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn, Bộ trưởng Bộ Công thương quy định cụ thể thẩm quyền cấp, thu hồi Giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm thuộc lĩnh vực được phân công quản lý.

Step 1: Submit your application

– Organizations and individuals that produce and trade in food shall submit an application for a Certificate of eligibility for food safety to a competent state agency. Specifically, it is regulated by the Article 35 of this Law 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 revoke establishment certificates in the field assigned to them for management.

Pursuant to Clauses 1 and 2, Article 6 of Circular 43/2018/TT-BCT, the place of submission of dossiers is prescribed as follows:

* Submit application at the Ministry of Industry and Trade:

The following cases shall be submitted to the Ministry of Industry and Trade, specifically:

– Establishments producing food products with designed capacity:

+ Alcohol: From 03 million liters of product/year or more;

+ Beer: From 50 million liters of product/year or more;

+ Beverage: From 20 million liters of product/year or more;

+ Processed milk: From 20 million liters of product/year or more;

+ Vegetable oil: From 50,000 tons of products/year or more;

+ Confectionery: From 20 thousand tons of products/year or more;

+ Flour and starch: From 100,000 tons of products/year or more.

– Chain of food business establishments (except chains of mini supermarkets and chains of convenience stores with an area equivalent to mini supermarkets as prescribed by law); food wholesalers (including synthetic foods) in two or more provinces or centrally run cities.

* Filed at the Department of Industry and Trade or the One-Stop-Shop as prescribed by the Provincial People’s Committee:

– Establishments producing food products with lower design capacity;

– Food business establishments of wholesalers or wholesalers in 01 province or centrally run city or food retail establishments in that province or city.

Step 2: Receive and process the application

When submitting the application, the receiving department will record in the book and give the application receipt (in which the date of appointment to return the result of the application is clearly stated).

From the date of receipt of complete and valid dossiers, competent state agencies shall conduct physical inspection of food safety assurance conditions at food production and trading establishments.

Step 3: Return the result

– Within 15 days from the date of receipt of complete and valid dossiers, competent state agencies shall inspect the actual conditions for ensuring food safety at food production and trading establishments; if all conditions are.met, the Certificate of establishments meeting all food safety conditions must be granted; In case of refusal, it must reply in writing and clearly state the reason.

4. Thời hạn hiệu lực của Giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm

– Giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm có hiệu lực trong thời gian 03 năm.

– Trước 06 tháng tính đến ngày Giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm hết hạn, tổ chức, cá nhân sản xuất, kinh doanh thực phẩm phải nộp hồ sơ xin cấp lại Giấy chứng nhận trong trường hợp tiếp tục sản xuất, kinh doanh. Hồ sơ, trình tự, thủ tục cấp lại được thực hiện theo quy định như trên.

5. Validity period of the Certificate of eligibility for food safety

– The establishment’s certificate of satisfaction of food safety conditions is valid for a period of 03 years.

– Before 06 months from the date on which the Certificate of eligibility for food safety expires, organizations and individuals that produce and trade in food must submit an application for re-issuance of the Certificate in case they continue to produce food and do business. Dossier, order and procedures for re-issuance shall comply with the above provisions.

Above is an analysis of Lawplus on subjects, conditions, dossiers, procedures and order of applying for a Certificate of food safety eligibility. With the desire to help businesses and customers better understand the legal regulations to apply in practice and how to ensure compliance to fully meet the regulations at production facilities, business before proceeding to apply for a license. For more detailed advice and answers to questions, please contact LawPlus at hotline +84 2862 779 399, +84 3939 30 522 or email info@lawplus.vn.

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