Dear Company, I would like to inquire: For our company that is preparing to produce and trade food products, what steps do we need to take to apply for Certificates of Food safety eligibility?
Answer
1. Entities required to obtain the Certificate of Food safety eligibility:
Food production and trading establishments must obtain a Certificate of Food safety eligibility before commencing operations, except for the following cases:
- Micro food manufacturers;
- Micro food processors;
- Mobile food manufacturers and 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.
Note: Although the above-mentioned establishments are not required to obtain a Certificate of Eligibility for Food Safety to operate, they must still comply with the applicable food safety requirements corresponding to their type of business.
Legal basis: Article 11, 12 Decree 15/2018/NĐ-CP
2. Conditions for being granted the Certificate:
- Having adequate conditions for assuring food safety suitable to each type of food production and trading as prescribed in Law on Food safety 2010;
- Having registered for food production and trading as indicated in its ERC.
Legal basis: Clause 1, Article 34, Law on Food Safety 2010.
3. Dossier for application for the Certificate of Food safety eligibility:
- 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.
Legal basis: Clause 1, Article 36, Law on Food Safety 2010.
4. Procedures for obtaining the Certificate of Food safety eligibility:
Step 1: Submit the application to the competent authority as prescribed in Article 35 of the Law on Food Safety 2010..
Step 2: Within 15 days from the date of receiving a valid application, the competent authority will conduct an on-site inspection of food safety conditions at the establishment.
Step 3:
- If conditions are met, the authority will issue the Certificate of Food safety eligibility;
- If not, the authority must provide a written response stating the reasons for refusal.
Legal basis: Clause 2, Article 36, Law on Food Safety 2010.
5. Validity of the Certificate of Food safety eligibility:
- The Certificate is valid for a period of three (03) years.
- Within six (06) months before the expiry date, if the establishment wishes to continue its operations, it must submit an application for reissuance of the Certificate. The reissuance process follows the same procedures as initial issuance.
Legal basis: Article 37 Law on Food Safety 2010.
