Instructions for applying for a food safety license for food production facilities

Applying for a food safety license for food production facilities is a mandatory legal procedure for all businesses operating in this field in Vietnam. This license proves that the facility meets food safety and hygiene conditions according to the provisions of law, ensuring that the products produced are safe for consumers. This article provides detailed information about the conditions, procedures and costs of applying for a food safety license according to current regulations.

Current conditions for applying for a food safety license for food production facilities

Food production facilities that want to apply for a food safety license need to meet the conditions specified in Articles 19, 20, 21, 25, 26, 27 of the Law on Food Safety 2010. Basic conditions include:

• Suitable location, area, safe distance from the source of pollution;
• Water source meets technical standards;
• Equipment for handling raw materials, processing, packaging, preserving and transporting food;
• Waste treatment system according to environmental protection regulations;
• Records of origin of raw materials and production processes;
• Regulations on health, knowledge and practices of direct producers;
• One-way production process, avoid cross contamination;
• Construction materials and food contact equipment are safe;
• Control of insects and harmful animals;
• Raw materials, food additives, processing aids are safe and have clear origins;.
• Processed food businesses comply with regulations on labeling and preservation;

In addition, people directly involved in production and business must have food safety knowledge and not suffer from infectious diseases. Food additive manufacturing facilities comply with general food safety conditions and specific regulations on mixing, dividing, sanitizing, and extracting additives.

Procedures for applying for a food safety license for food production facilities

In order for the process of applying for a food safety license for food production facilities to go smoothly, businesses need to equip themselves with the following core knowledge and information:

Competent authority

The competent authority grants food safety licenses depending on the type and scale of food production and business establishments, and according to the provisions of Article 35 of the Law on Food Safety 2010:

• Ministry of Health: Regulates the authority to issue and revoke Certificates of establishments meeting food safety conditions under the management of the Ministry of Health.
• Ministry of Agriculture and Rural Development: Regulations on the authority to grant and revoke Certificates of establishments meeting food safety conditions under the management of the Ministry of Agriculture and Rural Development.
• Ministry of Industry and Trade: Regulations on the authority to grant and revoke Certificates of establishments meeting food safety conditions under the management of the Ministry of Industry and Trade.

In fact, the Department of Food Safety and Hygiene is the unit that directly receives and processes applications for food safety certification.

Application for license

According to the provisions of Clause 2, Article 6 of Decree 155/2018/ND-CP, the application for a food safety license includes:

• Application for issuance of Certificate according to Form No. 01, Appendix I attached to this Decree;
• Copy of the Business Registration Certificate or Business Registration Certificate with a business line appropriate to the food type of the production facility (confirmed by the facility);
• List of food producers and food service businesses who have been trained in food safety knowledge with confirmation from the establishment owner.

In addition, the dossier components must also meet the completeness according to the provisions of Clause 1, Article 36 of the Law on Food Safety 2010, including:

• Application for issuance of Certificate of establishment meeting food safety conditions;
• Copy of Business Registration Certificate;
• Explanation of facilities, equipment and tools to ensure food hygiene and safety conditions according to regulations of competent state management agencies;
• Certificate of good health of the owner of the establishment and the person directly producing and trading of the establishment directly producing and trading, issued by the health agency at district level or higher according to regulations;
• Certificate of training in knowledge of food safety and hygiene of the owner of the establishment, person directly producing or trading or a list of officials of the establishment directly producing and trading, issued by a competent agency designated by the Ministry of Industry and Trade according to regulations and is valid within 01 year from the date of issue.

>>> See more: Form No. 01 Appendix I attached to Decree 155/2018/ND-CP

Implementation procedures and time limit for resolution

According to the provisions of Clause 3, Article 6, Decree 155/2018/ND-CP and Clause 2, Article 36 of the Law on Food Safety 2010, the implementation order is prescribed as follows:

Step 1: Prepare and submit documents. The prescribed form of submission is to submit via the online public service system or by mail or at the application receiving agency.

Step 2: The agency receives documents and checks them for completeness and validity.

In case there is a request to amend or supplement the dossier, the dossier-receiving agency is responsible for notifying the facility in writing within 05 working days from receipt of the complete dossier:

• If more than 30 days after receiving the notice, the establishment does not supplement or complete the dossier as required, the establishment’s dossier is no longer valid. Organizations and individuals must submit a new application to receive a Certificate if needed.
• In case there is no request to amend or supplement the dossier, the dossier-receiving agency is responsible for establishing an appraisal team or authorizing the appraisal and making an appraisal record within 15 working days from the date of receiving the complete dossier.

Step 3: Basic physical appraisal:

• In case the appraisal results meet the requirements, within 05 working days from the date of appraisal results, the agency receiving the application will issue a Certificate.
• In case the appraisal results at the facility do not meet the requirements and can be remedied, the appraisal team must clearly state the content, requirements and time of remediation in the Appraisal Minutes with a time limit of no more than 30 days. After receiving the report on remedial results from the facility, within 05 working days, the Appraisal Team evaluates the remedial results and records conclusions in the appraisal minutes. In case the remediation results meet the requirements, a Certificate will be issued according to the provisions of Point d of this Clause. In case the remedial results do not meet the requirements, the dossier-receiving agency shall notify the unsatisfactory facility appraisal results in writing to the facility and the local management agency.
• In case the appraisal results do not meet the requirements, the receiving agency shall notify in writing the local supervisory management agency and request that the facility not operate until a Certificate is issued.

Step 4: Issue a certificate if the facility meets the requirements.

>>> See more: Does online food business need a food hygiene and safety license?

Cost of applying for a food safety license for food production facilities

The cost of applying for a food safety license includes the fee paid to the state agency and the cost of consulting services (if any). Fees are specified in the food safety fee schedule attached in Circular 67/2021/TT-BTC of the Ministry of Finance, ranging from 500,000 VND to 2,500,000 VND depending on the type and scale of the facility.

Service for obtaining a food safety license for food production facilities at Long Phan Consulting Company

Applying for a food safety license is one of the important procedures to help businesses operate effectively and sustainably, avoiding unnecessary risks.At Long Phan Consulting Company, with our team of experienced experts, we offer all-inclusive consulting and support services for obtaining a food safety license for food production facilities. Services include:

• In-depth consulting on legal regulations on food safety;
• Support customers in drafting dossiers to apply for a food safety license;
• Representing customers in working with competent state agencies;
• Detailed instructions on overcoming business establishment appraisal requirements;
• Receive results and hand them over to customers.

Frequently asked questions

Below are frequently asked questions about the procedures for applying for a food safety license.

How long is the validity period of the food safety license?

The certificate of establishment meeting food safety conditions is valid for 03 years.

Do small food production establishments need to apply for a food safety license?

Yes, every food production facility, regardless of size, must apply for a food safety license.

Does the application for a food safety license need to be notarized?

A copy of the Business Registration Certificate requires confirmation from the establishment. Other documents depend on the requirements of the competent authority.

Can I apply for a food safety license online?

Yes, customers can submit applications through the online public service system or by mail or at the application receiving agency.

How long does it take for the authorities to physically appraise the facility?

In case there is no request to amend or supplement the dossier, the dossier-receiving agency is responsible for establishing an appraisal team or authorizing the appraisal and making an appraisal record within 15 working days from the date of receiving the complete dossier.

If the appraisal results do not meet the requirements, can the facility operate?

In case the appraisal results do not meet the requirements, the receiving agency shall notify in writing the local supervisory management agency and request that the facility not operate until a Certificate is issued.

Conclude

Applying for a food safety license for food production facilities is a mandatory procedure to ensure consumer safety and legal compliance. Customers who need in-depth advice and support on procedures for applying for a food safety license, please contact Long Phan Consulting Company via the hotline: 0906735386 for detailed advice.