Applying for a Food Safety License for Restaurants – Comprehensive Service

Applying for a Food Safety License for Restaurants is a procedure for registering a specific license for businesses engaged in food service. Since food safety standards directly impact customer health and the restaurant’s reputation. So how is a food safety license regulated and issued? Follow Long Phan’s article below to find the most useful answers regarding food safety licenses and comprehensive licensing services for restaurants.

Applying for a Food Safety License for Restaurants

Conditions for Applying for a Food Safety License for Restaurants

To Applying for a Food Safety License for Restaurants, businesses must meet the conditions stipulated in Article 34 of the Law on Food Safety 2010 and Article 2 of Decree 155/2018/ND-CP, including:

1. Ensuring Food Safety in Food Service Operations:

• Conditions for the restaurant’s food processing and service facilities:
  • There must be separate containers and utensils for cooked and raw food.
  • Cooking and food preparation tools must meet food safety standards.
  • Eating utensils must be made from safe materials, thoroughly cleaned, and kept dry.
• Conditions for the restaurant’s food processing and service areas:
  • There must be adequate waste collection and disposal facilities.
  • There must be food storage equipment, handwashing stations, and restrooms.
  • There must be sufficient water that meets technical standards for food processing and service.
  • The kitchen drainage must be clear and free from stagnation.
  • The kitchen must be designed to prevent cross-contamination between processed and unprocessed food.
  • The dining area must be well-lit, ventilated, and kept free from pests and insects, with a maintained cleanliness routine.

2. Ensuring Food Safety in Food Processing and Storage:

• Food must be processed safely and hygienically.
• Food and ingredients must have clear origins, be safe, and samples must be preserved.
• Food for sale must be kept in storage equipment or display cabinets that are hygienic and protected from rain, sun, dust, and pests. Additionally, food should be placed on tables or racks elevated above the ground.

3. Conditions for Food Handlers:

• Food handlers must be trained in food safety and certified by the business owner.
• They must meet health requirements and be free from diseases such as tuberculosis, acute diarrhea, skin infections, hepatitis A, E, typhoid fever, cholera, and dysentery.

4. Registration Requirements:

• The business must be registered in the food service industry (providing dining services) in the restaurant’s business registration certificate.

Authority for Issuing Food Safety Licenses

Currently, there are three agencies responsible for issuing food safety licenses for restaurants according to current regulations: the Ministry of Industry and Trade, the Ministry of Health, and the Ministry of Agriculture and Rural Development. Specifically:

• The Ministry of Industry and Trade has the authority to issue food safety certificates for food production and trading establishments.
• The Ministry of Health has the authority to issue food safety certificates for food processing facilities and food service establishments.
• The Ministry of Agriculture and Rural Development has the authority to issue food safety certificates for:
  • Wholesale markets and agricultural product auctions.
  • Primary production of agricultural, forestry, and aquatic products, including all stages from cultivation to harvest.

Since operating a restaurant falls under food service business, the authority for issuing the Food Safety Certificate is the Minister of Health.

Procedure for Applying for a Food Safety License for Restaurants

Documents Required for a Restaurant’s Food Safety License

To obtain a food safety license for a restaurant, the following documents must be prepared:

1. Application form for the Food Safety Certificate.
2. A copy of the Business Registration Certificate.
3. A description of the facilities, equipment, and tools ensuring food safety and hygiene conditions as required by the competent state management agency.
4. A health certificate for the facility owner and the person directly involved in food production and trading, issued by a district-level or higher healthcare facility.
5. A certificate of food safety training for the facility owner and the person directly involved in food production, trading, and processing, according to the regulations of the Minister of the relevant sector.

Steps to Applying for a Food Safety License for Restaurants

1. Submit the Application for the Food Safety License:
   • For individuals operating as a business, submit the application at the district-level People’s Committee.
   • For organizations such as companies, submit the application at the Food Safety Division of the provincial or municipal Department of Health or the Provincial/Municipal Food Safety Management Board.
2. Review of Documents and Inspection of the Facility:
   • If the documents are incomplete, the receiving agency is responsible for notifying the applicant in writing and requesting additional information within 5 working days from the date of receipt.
   • Within 15 days from the date of receipt of a complete application, the competent state agency will conduct an on-site inspection of the food safety conditions at the production or trading facility.
3. Issuance of the Food Safety License:
   • If the conditions are met, the certificate must be issued; if denied, the agency must provide a written explanation and state the reasons.

Legal Basis: Article 36 of the Law on Food Safety 2010 and Decree 155/2018/ND-CP

Food safety license template for restaurants

Notes When Applying for a Food Safety License for a Restaurant

Administrative Penalties for Restaurants Without a Food Safety License

Restaurants that violate the regulations on obtaining a food safety certificate will be penalized according to Article 18 of Decree No. 115/2018/ND-CP, as amended by Clause 8, Article 1 of Decree No. 124/2021/ND-CP, as follows:

• A fine ranging from 20,000,000 VND to 30,000,000 VND for operating a food service business without a Food Safety Certificate or with an expired certificate, unless exempt from obtaining the Food Safety Certificate.

Additionally, the restaurant may be subject to remedial measures such as:

• Mandatory recall of food products.
• Mandatory change in the use or recycling, or mandatory destruction of food products.

Exemptions from the License Requirement

Obtaining a food safety license for a restaurant is a mandatory requirement for food service establishments (restaurants), except for restaurants located within hotels as specified in Clause 1, Article 12 of Decree 15/2018/ND-CP. These establishments are not required to obtain a food safety license but need to have a food safety commitment statement instead. The documents required for obtaining a food safety commitment statement are:

• A commitment statement to comply with food safety regulations (2 copies – printed on blue cover).
• A notarized copy of the food safety knowledge certificate of the hotel owner issued by the competent authority, if applicable (some provinces do not require this).
• A notarized copy of the health check certificate of the hotel owner issued by a district-level or higher health authority (along with the original for verification).
• A notarized copy of the Business Registration Certificate.

This procedure is carried out at the commune-level People’s Committee where the establishment operates.

Fines for restaurants operating without food safety licenses

Food Safety License Application Service for Restaurants

With a team of experienced professionals, Long Phan offers the following services for Applying for a Food Safety License for Restaurants:

• Consultation on Requirements and Procedures: We provide advice on the conditions that need to be met, necessary procedures, and prepare all required documents and materials for the food safety license application.
• Document Preparation and Procedural Execution: We draft the application documents and handle the procedural steps.
• Training Consultation: We offer guidance on available training sessions on food safety knowledge.
• Representation in Dealing with Authorities: We handle communication with relevant government agencies and submit the food safety license application on behalf of the client.
• Problem Resolution: We provide solutions for any issues that arise during the food safety license process (if any).
• License Collection andHandover: We collect the food safety license and deliver it to the client.

Additionally, depending on the actual situation and client requirements, the scope of consultation can be broader and more flexible.

Applying for a Food Safety License for Restaurants not only ensures business compliance but also serves as a commitment to delivering safe products to consumers. It also provides a basis for authorities to impose penalties in case of violations. Therefore, if you have any questions or need consultation on food safety license services for restaurants, please contact us at hotline 0906.735.386 for the fastest support.