Grounds for revoking the certificate of establishment meeting food safety conditions

Revoking the certificate of establishment meeting food safety conditions is a state management measure to ensure food safety and protect consumer health. This regulation applies to establishments that do not meet the conditions under the Law on  Food Safety 2010 and related legal documents. The article will analyze in detail the grounds and authority to revoke certificates, as well as the rights and obligations of relevant organizations and individuals.

Cases of revoking the certificate of establishment meeting food safety conditions

Revoking the certificate of establishment meeting food safety conditions is an important state management measure in the field of food safety. According to the provisions of Article 3 of Circular 31/2023/TT-BYT and related legal documents such as Decree 15/2018/ND-CP, Decree 155/2018/ND-CP, the certificate may be revoked in the following cases:

• The facility does not meet the conditions to ensure food safety as prescribed in the Law on Food Safety 2010 and its guiding documents. Specifically, the facility must meet the conditions of facilities, equipment, people and food production, processing and trading processes appropriate to each type of production.
• The establishment does not have a food business line registered in its Business Registration Certificate or Enterprise Registration Certificate. This is to ensure that the facility operates in the right registered and licensed profession.
• The facility falsifies documents requesting a certificate. This behavior seriously violates the law and may be criminally prosecuted.
• Facilities that rent or lend certificates or arbitrarily modify the content of the certificate. This is a violation of regulations on certificate management.
• The facility has terminated food production and trading activities. In this case, revocation of the certificate is intended to update the operating status of the facility.

The revocation of the certificate is done to ensure the strictness of the law and protect consumer rights.

Authority to revoke the certificate of establishment meeting food safety conditions

The authority to revoke the certificate of establishments meeting food safety conditions is specifically stipulated in Article 2 of Circular 31/2023/TT-BYT. Accordingly, the agency issuing the Certificate of establishment meeting food safety conditions has the right to revoke the issued Certificate of establishment meeting food safety conditions.

The competent authority to issue the Certificate of establishments meeting food safety conditions here is the Ministry of Health or an agency decentralized and authorized by the Ministry of Health to issue the Certificate.

Depending on management decentralization, agencies such as the Ministry of Health, Department of Health, and Provincial Department of Food Safety and Hygiene may be assigned the authority to revoke certificates.

Clearly defining the authority to revoke certificates aims to ensure transparency and efficiency in food safety management.

Rights and obligations of organizations and individuals whose food safety eligibility certificates are revoked

Rights of organizations and individuals whose certificates of establishments meet food safety conditions are revoked

Organizations and individuals whose food safety eligibility certificates are revoked have the following rights:

• Right to explain the reason for revocation: The facility has the right to request the competent authority to clearly explain the reason for revocation of the certificate.
• Right to complain and sue: If you disagree with the recall decision, the establishment has the right to complain according to the provisions of the Law on Complaints or sue according to the provisions of the Law on Administrative Procedures.
• Right to request reissue of certificate: After correcting violations, the facility has the right to request the competent authority to consider and re-issue the certificate.
• Right to access information: The facility has the right to be provided with information about the inspection and examination process and the reasons leading to the revocation of the certificate.
• Right to protect legitimate interests: During the process of revoking the certificate, the facility has the right to request the competent authority to protect its legitimate interests.

These rights are regulated to ensure the rights of organizations and individuals in the process of implementing food safety regulations.

Obligations of organizations and individuals whose certificates of establishments meet food safety conditions are revoked

In addition to rights, organizations and individuals whose food safety eligibility certificates are revoked also have obligations to comply with:

• Obligation to comply with the decision to revoke: The facility must strictly comply with the decision to revoke the certificate of the competent authority.
• Obligation to stop production and business activities: After the certificate is revoked, the establishment must immediately stop related food production and business activities.
• Obligation to correct violations: The facility is responsible for correcting violations that led to the revocation of the certificate.
• Reporting obligation: The facility must report to the competent authority on the situation of correcting violations and request re-inspection when all conditions are met.
• Obligation to compensate for damage: If the establishment’s violation causes damage to consumers or related parties, the establishment has the obligation to compensate according to the provisions of law.

Compliance with these obligations helps ensure food safety and protect consumer rights.

Consulting services on revoking the certificate of establishment meeting food safety conditions in Long Phan

Revoking the certificate of establishment meeting food safety conditions is an important state management measure to ensure consumer safety. Long Phan provides professional consulting services on revoking certificates of food safety facilities, including:

• Consulting on the process of revoking certificates, the rights and obligations of the facility during this process.
• Assist in determining the cause of violations and recommend appropriate remedial measures.
• Representation in the process of working with authorities
• Consulting on improving food safety management systems: Long Phan provides consulting services for establishments to improve food safety management systems, ensuring compliance with legal regulations.

Customers need to understand the relevant legal regulations to comply and protect their rights. For detailed advice on this issue, please contact Long Phan via Hotline: 0906735386. We are ready to support customers in all issues related to food safety.