Consult to apply for a certificate of food hygiene and safety.

Before conducting business activities, especially for food-related items, it is necessary to apply for a Certificate of food hygiene and safety some cases to launch the products. So what is Certificate of food hygiene and safety? If business activities are conducted without a Certificate of food hygiene and safety, is there any punishment for the business establishment? In this article, let's clarify some related issues together with NPLaw.

I. WHAT IS A CERTIFICATE OF FOOD HYGIENE AND SAFETY?

Certificate of food hygiene and safety is a legal document issued by the competent authority to confirm the business and food production units that meet the standards of food safety. Moreover, it also plays a role in creating reliability and ensuring the health of consumers. Because only products of clear origin, and hygienic production are allowed to pass conditions for consumption in the market.

II. REGULATIONS ON CERTIFICATE OF FOOD HYGIENE AND SAFETY

1. Conditions for issuance of the certification of food hygiene and safety

To be able to conduct business activities of food products, the facility must meet the conditions specified in Clause 1, Article 34 of the Law on Food Safety 2010 which is amended and supplemented by Clause 2, Article 11 of Decree 15/2018/ ND-CP, namely as follows:

Firstly, the facility must be eligible to ensure food safety consistent with each type of food production and business as prescribed in Chapter IV of this law. Accordingly, each type of food production and business will have certain corresponding conditions that it needs to meet. For example, the conditions for ensuring the food safety of food production and trading establishments in Clause 1, Article 19 of this decree is that such facilities must have an appropriate area, with a safe distance from toxic sources, pollution sources, and other harmful factors,...As for food preservation, according to Clause 1, Article 20 of the above decree, there must be storage areas and facilities, and the area must be large enough to preserve each food separately,...

Secondly, the facility must have a registered food business in the business registration certificate. Thus, the conditions for issuing a certificate of food hygiene and safety will include the said conditions.

2. If there is no certificate of food safety and hygiene, how much money for a fine?

If doing business without the certificate of food hygiene and safety, the administrative penalty will be imposed corresponding to the penalties specified in Article 18 of Decree 115/2018/ND-CP as amended and supplemented by Clause 8 Article 1 of Decree 124/2021 / ND-CP as follows:

- For catering trade without a certificate of food safety, a fine of between 20.000.000VND and 30.000,000 will be imposed

- For food production and business without a certificate of food safety, the fine will be from 30.000000VND to 40.000.000VND

- In the case of producing health protection food without a certificate of food safety with good manufacturing practice (hereinafter referred to as GMP), a fine of 40.000.000VND to 60.000.000VND will be imposed.

Thus, if going into food production and business without a certificate of food hygiene and safety, a fine will be imposed according to the above provisions.

3. Are the trading establishments of micronutrient food required to have a certificate of food hygiene and safety?

According to the provisions of Clause 1, Article 11 of Decree 15/2018/ND-CP, if food production and trading facilities are not subject to the exemption in Clause 1, Article 12 of this decree, it is imperative to obtain a certificate of food safety and hygiene. Accordingly, the business establishments of micronutrient food do not fall into the exemption of the certificate.

Therefore, this type of paper is mandatory for the business establishments of micronutrient food.

III. INSTRUCTIONS FOR THE PROCEDURE FOR ISSUING CERTIFICATES OF FOOD HYGIENE AND SAFETY

1. A dossier for issuance of the certification of food hygiene and safety

According to the provisions of Clause 1 Article 36 of the Law on Food Safety 2010, a dossier for issuance of the certificate of food hygiene and safety includes the following documents:

- Application form for the certification of food hygiene and safety (in reference form Here)

- Copy of business registration certificate

- An explanation of the facilities, equipment and tools to ensure food hygiene and safety conditions as prescribed by the competent state management agency

- Certificate of full health of the establishment owner and person directly producing and trading food, issued by a district-level or higher-level medical facility;

- Certificate of training in food safety knowledge of the establishment owner and the person directly producing and trading food according to regulations of the Minister of Specialized Management.

2. The order and process of applying for a certificate of food hygiene and safety.

According to the provisions of Clause 2 Article 36 of the Law on Food Safety 2010, the process of applying for a certificate of food hygiene and safety is carried out as follows:

Step 1: Prepare the dossier

Production and trading establishments will have to prepare all kinds of necessary documents as mentioned above.

Step 2: Submit the application

According to Point a, Clause 2, Article 36 of the Law on Food Safety 2010, organizations and individuals producing and trading food shall submit applications for certificate of food hygiene and safety to competent state agencies in accordance with Article 35 of this law, guided by point 5 and Point 6 of Official dispatch 5845/2013/BTC-KHCN.

Accordingly, the authority to issue a certificate of food hygiene and safety shall be issued by the Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade. Therefore, the filing will be carried out at the competent authority to receive the records corresponding to each type of food production and business establishment.

Note that the certificate of food hygiene and safety for multi-product production and trading establishments by at least 2 managers as well as that for products managed by the Ministry of Industry and Trade are issued according to point 5 Dispatch 5845/2013 / BTC-KHCN. For multi-product production and trading establishments with medium size, the Ministry of Industry and Trade and the Department of Industry and Trade shall accept the dossier. Establishments may submit their dossiers depending on the decentralization prescribed by the law or submit to the Ministry of Industry and Trade to accept according to the provisions of Point 6 Dispatch 5845/2013/BTC-KHCN.

Step 3: Receive and process dossier

Within 15 days from the date of receipt of sufficient valid dossier, the state agency has the authority to check the actual conditions for food safety at food production and business establishments. If the establishment meets all conditions, a certificate of food safety will be granted. In contrast, if the establishment fails to meet the conditions, it will be denied and receive a document giving specific reasons, according to point b, Clause 2, Article 36 of the Food Safety Law 2010.

IV. Consulting services to apply for the certificate of food hygiene and safety.

If you are looking for a reliable legal service to be advised more specifically on the procedure for applying for a certificate of food hygiene and safety, don't hesitate to get in touch with lawyer Nguyen Ngoc Phu - the executive director of NPLaw Law Firm and a member of the Ho Chi Minh City Bar Association. With many years of experience and in-depth legal knowledge, our lawyers will advise and answer all questions related to your problem.

The above is the entire consultation section of NPLaw on the issue of applying for a certificate of food hygiene and safety. If you have any further questions that need to be answered.