For enterprises operating in the food sector in Nha Trang, obtaining a Food Safety and Hygiene Certificate is an essential step. This certificate not only ensures compliance with legal regulations but also contributes to enhancing credibility and consumer trust. Although this process may pose certain challenges, with the continuous growth of the food industry in Nha Trang, the demand for applying for food safety and hygiene certificates is undoubtedly increasing. It opens up significant opportunities for enterprises wishing to expand and develop sustainably within the food industry in Nha Trang.

I. Legal provisions related to Food Safety and Hygiene Certificates in Nha Trang

1. What is a Food Safety and Hygiene Certificate?


A Food Safety and Hygiene Certificate is also referred to as a Certificate of Eligibility for Food Safety, such a legal document is issued to enterprises operating in the food sector, affirming their compliance with food safety and hygiene regulations.

2. Procedures for applying for the Food Safety and Hygiene Certificate in Nha Trang

According to Clause 1, Article 36 of the Law on Food Safety 2010, the procedures for applying for a Food Safety and Hygiene Certificate (Certificate of Eligibility for Food Safety) are as follows: 

a) Organizations and individuals engaged in food production or trading shall submit an application for a Food Safety and Hygiene Certificate to the competent state authority as stipulated in Article 35 of this Law;
b) Within 15 days from the date of receiving a complete and valid application, the competent state authority shall conduct an on-site inspection of the food production or trading facility. If all conditions are met, the Food Safety and Hygiene Certificate shall be issued; otherwise, a written explanation stating the reasons for refusal must be provided.

Thus, the procedures for applying for the Food Safety and Hygiene Certificate in Nha Trang follows the above-mentioned steps.

3. An application dossier for the Food Safety and Hygiene Certificate in Nha Trang

According to Clause 1, Article 36 of the Law on Food Safety 2010, a dossier for the Food Safety and Hygiene Certificate includes:

a) Application form for the Food Safety and Hygiene Certificate;
b) Copy of the Business Registration Certificate;
c) Description of facilities, equipment, and tools that ensure compliance with food safety and hygiene standards as regulated by the competent authority;
d) Medical certificates for the enterprise owner and food-handling staff issued by a district-level or higher healthcare facility;
đ) Certificates of food safety training for the enterprise owner and direct food handlers in accordance with relevant Ministry regulations.

Hence, the application dossier in Nha Trang includes the above documents.

II. Questions about Food Safety and Hygiene Certificates in Nha Trang

1. Is it mandatory to apply for the Food Safety and Hygiene Certificate when opening a small restaurant in Nha Trang?

According to Point d, Clause 1, Article 12 of Decree 15/2018/NĐ-CP:

- The following facilities are not required to obtain the Food Safety and Hygiene Certificate: small-scale food businesses.

Therefore, small food establishments in Nha Trang are not required to apply for this Certificate.

2. Is it necessary to obtain the Food Safety and Hygiene Certificate when establishing a food production or trading facility in Nha Trang?

Clause 1, Article 11 of Decree 15/2018/NĐ-CP stipulates:

- Food production and trading facilities must obtain the Food Safety and Hygiene Certificate before operating, except in the cases listed under Clause 1, Article 12 of this Decree.

Meanwhile, Clause 1, Article 12 outlines exempted cases:

a) Small-scale initial food production;
b) Food production or trading without a fixed location;
c) Small-scale food processing;
d) Small-scale food businesses;
đ) Trading of pre-packaged food only;
e) Production or trading of food containers and packaging materials;

g) Restaurants within hotels;
h) Collective kitchens not registered for food trading;
i) Street food vendors;
k) Facilities already certified with one of the following: Good Manufacturing Practice (GMP), Hazard Analysis and Critical Control Points (HACCP), ISO 22000, International Featured Standards (IFS), British Retail Consortium (BRC), Food Safety System Certification (FSSC 22000), or other equivalent valid certifications.

Therefore, except for the exemptions listed above, food production and trading facilities in Nha Trang must obtain the Food Safety and Hygiene Certificate.

3. If I already have a HACCP certificate, do I still need to apply for the Food Safety anCertificate?

According to Point k, Clause 1, Article 12 of Decree 15/2018/NĐ-CP:

- Facilities with valid certificate in one of the following systems are not required to obtain the Food Safety and Hygiene Certificate: Good Manufacturing Practice (GMP), Hazard Analysis and Critical Control Points (HACCP), ISO 22000, International Featured Standards (IFS), British Retail Consortium (BRC), Food Safety System Certification (FSSC 22000), or other equivalent valid certificates.

Thus, if a facility already has a valid HACCP certificate, it is not required to apply for the Food Safety and Hygiene Certificate.

IV. Legal consulting services for Food Safety and Hygiene Certificates in Nha Trang

The above is a detailed explanation regarding the procedures for applying for the Food Safety and Hygiene Certificate in Nha Trang provided by NPLaw. If you have any additional questions or need further clarification, please feel free to contact NPLaw using the information below: