Legal basis

• Law on Food safety 2010;
• Decree No.15/2018/ND-CP dated 02/02/2018 elaboration of some articles of the Law of Food safety

1. Definition of Food safety

According to the Article 2.1 of the Law of Food safety 2010, Food safety means the assurance that food does not cause harm to human health and life.

2. Exemption from the certificate of food safety

According to the Article 12.1 of the Decree No.15/2018/ND-CP dated 02/02/2018, regulated that: 

• Micro food manufacturers;
• Mobile food manufacturers and sellers;
• Micro food processors;
• Micro food sellers;
• Sellers of prepackaged foods;
• Manufacturers and sellers of instruments and materials for wrapping and storing food;
• Restaurants within hotels;
• Industrial kitchens not registered as a food business;
• Street food vendors;
• Any food business that has one of the following certificates: GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000 or an equivalent certificate.

3. Subjects issued with the Certificate for food safety:

• Under the management authority of the Ministry of Industry and Trade: includes establishments producing and trading all kinds of alcohol, beer, beverage, processed milk, vegetable oil, processed products of flour, starch, cake, jam, candy, tools, specialized packaging materials attached to and used only for the above food products. 
• Under the management of the Ministry of Health: establishments manufacturing and trading products/groups of products and goods specified in Appendix I – Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT  dated 09/4/2014.

4. Conditions for the grant of certificates of food safety eligibility

According to the Article 34.1 of the Law of Food safety 2010, regulated that:

• Having adequate conditions for assuring food safety suitable to each type of food production and trading as prescribed in Chapter IV of this Law;
• Having registered for food production and trading as indicated in its business registration certificate.

5. Dossiers, order and procedures for the grant of certificates of food safety eligibility

According to the Article 36 of the Law of Food safety 2010, regulated that:

• Documents requirements:
  • An application for a certificate of food safety eligibility:
  • A copy of the business registration certificate:
  • Written explanations about the satisfaction of food safety and hygiene conditions of physical foundations, equipment and tools as prescribed by competent state management agencies:
  • Health certificates of the establishments owner and persons directly engaged in food production and trading, issued by a district- or higher-level health establishment:
  • Certificates of training in knowledge about food safety and hygiene of the establishment’s owner and persons directly engaged in food production and trading as prescribed by line ministers.

• The order of and procedures for the grant of certificates of food safety eligibility:
  • Food producers and traders shall submit dossiers of application for certificates of food safety eligibility to a competent state manage­ment agency defined in Article 35 of this Law;
  • Within 15 days after the receipt of a complete and valid dossier, the competent state agency shall conduct field inspection of food safety assurance conditions at the producer’s or trader’s establishment. If all conditions are met. it shall grant a certificate of food safety eligibility; in case of refusing to grant a certificate, it shall issue a written reply clearly stating the reason.