Food hygiene and safety and related legal issues

Food hygiene and safety is a mandatory requirement for food production and business establishments in Vietnam to ensure consumer health safety and compliance with legal regulations. The issuance of a Food Hygiene and Safety Certificate is a prerequisite for establishments to operate legally. This article will provide specific instructions on subjects requiring licenses, licensing procedures and related legal regulations.

Why is a food hygiene and safety license needed?

Food hygiene and safety license is an important legal requirement for food production, processing and trading establishments. Having a Food Hygiene and Safety License helps:

• Ensuring public health safety: The license certifies that food production and business establishments fully meet food hygiene and safety requirements, helping to limit risks to consumer health.
• Creating trust for consumers: Products with a Food Safety Certificate will demonstrate the facility’s commitment to ensuring product quality and safety, thereby enhancing reputation and trust from customers.
• Meet the requirements of state agencies: According to the law, food production and business establishments must have this license to operate legally. Failure to obtain a license may result in fines or suspension of operations.
• Minimize legal risks: Licenses help protect establishments against legal risks, avoiding disputes about food quality and safety that may arise during business.
• Ensuring product quality: Establishments must comply with food production, preservation and distribution processes in accordance with the law, ensuring products are always of high quality and safe for consumers.
• Create favorable conditions for export: Food hygiene and safety license is an important requirement in food export transactions, helping establishments easily penetrate the international market.
• Increased competitiveness: Facilities with a Food Safety License will have a greater competitive advantage over those that do not comply with this regulation, especially in the context of consumers increasingly concerned about product quality.

Subjects need to have a food hygiene and safety license

According to current law, food production, processing and trading establishments need a Food Hygiene and Safety License if their activities are subject to licensing requirements as prescribed by law. However, there are also some subjects that do not need this license. Specifically includes:

• Small initial production;
• Food production and trading does not have a fixed location;
• Small food processing;
• Retail food business;
• Sales of pre-packaged foods;
• Producing and trading in tools, packaging materials, and food containers;
• Restaurant in the hotel;
• The collective kitchen is not registered as a food business;
• Street food business;
• The facility has been granted a Certificate: GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000 or a valid equivalent certificate.

CSPL: Articles 11, 12 of Decree 155/2018/ND-CP.

Licensing procedures for food hygiene and safety certificates

Documents needed to prepare:

Dossier to apply for a food hygiene and safety certificate is specified in Article 36 of the Law on Food Safety 2010:

• Application for issuance of Food Hygiene and Safety Certificate according to sample 01.
• Copy of Business Registration Certificate.
• Explanation of facilities, equipment, and tools to ensure hygienic conditions.
• Health certificate of the establishment owner and person directly producing and trading food.
• Certificate of training in food safety and hygiene knowledge of the establishment owner and staff.

CSPL: Clause 1, Article 36 of the Law on Food Safety 2010.

Registration process:

The registration process for a food hygiene and safety certificate includes the following steps:

Step 1: Submit application for Certificate:

• Organizations and individuals producing and trading food must submit an application for a Certificate of establishment meeting food safety conditions to the competent state agency.
• Competent state agencies are specified in Article 35 of the Law on Food Safety.

Step 2: Process documents

• Within 15 days from the date of receipt of complete and valid documents, the competent state agency will conduct an actual inspection of food safety conditions at food production and business establishments.
• If the establishment meets food safety conditions, the competent authority will issue a Certificate of establishment meeting food safety conditions.
• In case the conditions are not met, the competent state agency will refuse to issue the Certificate and notify in writing, clearly stating the reason for refusal.

CSPL: Clause 2, Article 36 of the Law on Food Safety 2010.

>>> See more: Instructions for reissuing the Food Hygiene and Safety Certificate.

Licensing authority

Depending on the type of food, business establishments and certification agencies are also different:

• Ministry of Health: Issued to establishments processing food, bottled drinking water, functional foods, food supplements, flavorings, and food additives.
• Ministry of Agriculture and Rural Development: Issued to agricultural, forestry and fishery production and business establishments.
• Ministry of Industry and Trade: Issued to establishments producing and trading alcohol, beer, soft drinks, confectionery.

Legal basis: Appendix II, III, IV Decree 15/2018/ND-CP regulates agencies competent to issue Food Hygiene and Safety Certificates.

Consulting services for applying for a food hygiene and safety license

At Long Phan, we provide professional and effective food hygiene and safety licensing services. Our services include:

• Consulting on licensing regulations related to food safety.
• Consulting on procedures, processes and conditions required to apply for a Food Hygiene and Safety License.
• Support customers in drafting and preparing necessary documents to apply for licensing.
• Representing customers to submit documents to competent agencies.
• Support customers in processing and resolving incomplete or invalid documents.
• Consulting on procedures for applying for licenses and other related certificates.

To ensure legal operations and protect public health, food production and business establishments need to carry out procedures to apply for a Food Hygiene and Safety Certificate in accordance with regulations. Customers who need support in applying for a certificate, please contact Long Phan via the hotline 0906735386 for detailed advice and instructions.