Not having a Food hygiene and safety license: Penalties

Not having a Food hygiene and safety license can result in a business facing heavy fines or even suspension of operations. This license not only helps businesses comply with legal regulations but also builds trust with customers, ensuring products meet safety standards. Understanding fines and complying with the licensing process will help businesses avoid legal risks and operate sustainably.

Cases exempt from food hygiene and safety license

Pursuant to the provisions of Clause 1, Article 11, Clause 1, Article 12 of Decree 15/2018/ND-CP, in principle, food production and business establishments must have a Certificate of eligibility for food safety when operating, except for the following cases:

• Initial production was small;
• Food production and trading without a fixed location;
• Small preliminary processing;
• Small food business;
• Trading in pre-packaged foods;
• Producing and trading in tools and materials for packaging and storing food;
• Restaurants in hotels;
• The collective kitchen does not have a registered food business;
• Street food business;
• The facility has been granted one of the following Certificates: Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Points (HACCP), ISO 22000 Food Safety Management System, International Food Standards (IFS), Global Standards for Food Safety (BRC), Food Safety System Certification (FSSC 22000) or a valid equivalent.

Establishments exempt from food hygiene and safety licenses must comply with the corresponding food safety conditions.

Where to apply for a food hygiene and safety license?

Currently, there are many agencies competent to issue food safety and hygiene licenses, including the following agencies:

The Ministry of Health issues certificates to establishments that meet food safety conditions for establishments that:

• Production and trading of functional foods.
• Facilities manufacturing and trading food additives and food processing aids.
• Bird’s nest products, lingzhi mushrooms, ginseng, cordyceps.

The Department of Food Hygiene and Safety – Department of Health issues Food Hygiene and Safety Licenses to the following units:

• Restaurants, Cafes, Coffee Shops.
• Bottled drinking water, bottled water, ice water.
• Communal kitchen.

The Department of Agriculture issues food hygiene and safety licenses to establishments:

• Vegetable, tuber and fruit business.
• Producing powdered coffee and instant coffee.
• Producing and trading fresh food.
• Producing and trading all kinds of tea.
• Production of soybeans, peanuts, sesame…

The Department of Industry and Trade issues food hygiene and safety licenses to establishments:

• Confectionery production facility.
• Establishments producing and trading milk and dairy products.
• Supermarkets, convenience stores.

Facilities must correctly determine the licensing authority of the agencies to avoid confusion and save time in carrying out procedures.

What is the penalty for not having a food hygiene and safety license?

Pursuant to Article 18 of Decree 115/2018/ND-CP amended by Clause 8, Article 1 of Decree 124/2021/ND-CP regulating violations of regulations on certificates of establishments meeting food safety conditions, in cases where establishments are required to have a food hygiene and safety license but do not carry out the licensing procedures, they will be penalized as follows:

1. Fine from 20,000,000 VND to 30,000,000 VND for the act of doing food service business without a Certificate of establishment meeting food safety conditions or having a Certificate of establishment meeting food safety conditions but it has expired, except in cases where the Certificate of establishment qualified for food safety is not required.
2. Fine from 30,000,000 VND to 40,000,000 VND for acts of producing and trading food without a Certificate of establishment meeting food safety conditions or having a Certificate of establishment meeting food safety conditions but it has expired, except for cases not subject to issuance of a Certificate of establishment meeting food safety conditions.
3. Fine from 40,000,000 VND to 60,000,000 VND for one of the following acts:

• Producing health protection foods without a Certificate of food safety facilities meeting good manufacturing practice requirements (hereinafter referred to as GMP) or having a GMP Certificate that has expired, except in the case of producing health protection foods on the production line of herbal medicines, traditional medicines or other cases as prescribed by the Minister of Health;
• Trading and circulating on the market domestically produced or imported health protection food products that have been issued with a Certificate of Declaration of Compliance with Food Safety Regulations or a Certificate of Registration of Product Declaration before July 1, 2019 without supplementing the GMP Certificate or equivalent certification before production.

In addition to fines, business and production establishments may also be subject to remedial measures including:

• Forced food recall.
• Forced change of use or recycling or forced destruction of food.

Full food hygiene and safety license application service

Food hygiene and safety license application service at Long Phan helps businesses complete procedures quickly and in accordance with regulations, ensuring legal business operations and building reputation with customers.

1. Consulting Before Applying for a License:

• Determine the type of business that needs a license (restaurant, eatery, processing facility, supermarket, food factory…).
• Instructions on conditions that need to be met according to legal regulations.
• Inspect facilities, equipment and food production and processing processes.

2. Drafting & Preparing License Application Documents completely and in accordance with regulations.
3. Submitting Documents & Working With State Agencies:

• Business representatives submit applications at the Department of Food Safety – Ministry of Health or Department of Health/Department of Industry and Trade/Department of Agriculture and Rural Development depending on the type of business.
• Monitor and update application processing status.
• Support for supplementing and editing documents if requested by the licensing agency.

4. Facility Inspection & Appraisal Instructions:

• Support businesses in preparing the necessary conditions to pass the actual inspection by the appraisal team.
• Instructions on arranging food production, processing and preservation areas according to standards.
• Consulting on food hygiene and safety regulations to ensure assessment requirements are met.

5. Get License & Post Licensing Support:

• Receive the Certificate of establishment meeting food safety conditions and hand it over to the customer.
• Consulting businesses on legal obligations after being licensed, including validity period, license renewal and periodic inspections.
• Support for additional licenses when businesses expand their business scale.

>>> Reference: Apply for a food safety license for restaurants – Full service.

Not having a food hygiene and safety license can cause businesses to be heavily fined, suspended from operations, and lose reputation with customers. Applying for a license not only helps comply with legal regulations but also ensures food safety, creates trust and enhances the brand. Long Phan provides quick, comprehensive support services. Contact the hotline 0906735386 immediately for legal advice and licensing!