Losing documents related to food safety is a common occurrence during business operations. The following article analyzes the relevant legal provisions regarding the loss of food safety documents to help individuals and organizations protect their legitimate rights and interests.
I. Current situation regarding the loss of food safety documents
In practice, the loss of food safety documents usually occurs when business establishments lose, damage, or misplace their Certificate of Eligibility for Food Safety while it is still valid. As a result, they must apply for a reissuance of the Certificate.
If a business operates without a valid Certificate or fails to renew an expired one, it may take administrative sanctions, including monetary fines, as prescribed by law.
II. Legal provisions governing the loss of food safety documents
Understanding the legal framework on the loss of food safety documents is essential for many businesses. However, given the frequent changes in Vietnam’s legal system, correctly interpreting and applying these provisions can be challenging.
To address such matters, NPLaw provides the most up-to-date legal regulations and remedies applicable to violations in such a matter.
1. What does “loss of food safety documents” mean?
Under Clause 1, Article 2 of the Law on Food Safety 2010, food safety means ensuring that food does not cause harm to human health or life.
Pursuant to Clause 1, Article 36 of Law on Food Safety 2010, documents related to food safety include:
- Certificate of Eligibility for Food Safety (formerly known as the Certificate of Food Hygiene and Safety): It is issued by a competent authority to food production and business establishments that meet statutory food safety conditions;
- Business registration certificate;
- Description of facilities, equipment, and medical utensils ensuring food hygiene and safety in accordance with regulations of competent authorities;
- Health certificates of the business owner and persons directly engaged in food production or trading, issued by a district-level or higher medical establishment;
- Certificates of food safety knowledge training for both the business owner and persons directly involved in food production or trading, as prescribed by the competent Minister.
Accordingly, the loss of food safety documents refers to cases where a food production or business establishment misplaces or loses the Certificate of Eligibility for Food Safety or other related legal documents. In such cases, the business owner must promptly apply for reissuance to avoid administrative sanctions and to ensure lawful operation and business credibility.
2. What should a business do upon discovering the loss of food safety documents?
When food safety documents (particularly the Certificate of Eligibility for Food Safety) are lost, the business must prepare and submit an application for reissuance to the competent authority.
Pursuant to Article 26 of the Law on Food Safety 2010, guided by Articles 4–8 of Circular No. 43/2018/TT-BCT, the dossier and procedure for reissuance are as follows:
Dossier requirements:
- Application form (Form No. 01b, Appendix attached to Circular No. 43/2018/TT-BCT);
- Copy of the Business Registration Certificate.
Procedures: The organization or individual shall submit the dossier to the competent authority that issued the original certificate. Within 03 working days from the receipt of the valid application, the authority shall review and reissue a certificate. If the reissuance is denied, the authority must provide a written explanation stating the reason.
3. Who is responsible for the loss of food safety documents?
According to Clause 1, Article 11 of Decree No. 15/2018/NĐ-CP, food production and business establishments must possess a valid Certificate of Eligibility for Food Safety, except for those exempted under Clause 1, Article 12 of the same Decree.
Therefore, owners of food production and business establishments take full responsibility for the loss of food safety documents, as they are the legal representative indicated in the business registration certificate and have the authority to apply for reissuance with the competent authority.
III. Questions regarding the loss of food safety documents
1. Can lost food safety documents be reissued?
Under Clause 1, Article 11 of Decree No. 15/2018/NĐ-CP, food production and business establishments must possess a valid Certificate of Eligibility for Food Safety when commencing business operations. Clause 2, Article 4 of Circular No. 43/2018/TT-BCT also stipulates the reissuance of certificates in cases where the original ones have been lost or damaged.
Accordingly, businesses may apply for reissuance of lost food safety documents in accordance with the law.
2. Will a business be sanctioned for losing food safety documents?
A business will not be sanctioned if it promptly applies for reissuance and notifies the competent authority within the prescribed time limit.
However, if it fails to conduct such reissuance and continues to operate without valid documents, it may be subject to administrative sanctions.
Under Article 18 of Decree No. 115/2018/NĐ-CP, as amended by Clause 8, Article 1 of Decree No. 124/2021/NĐ-CP, any establishment operating without a valid Certificate of Food Safety may be fined from 20,000,000 VND to 60,000,000 VND.
Furthermore, pursuant to Clause 5, Article 9 of the same Decree (as amended by Point đ, Clause 3, Article 1 of Decree No. 124/2021/NĐ-CP), business owners who fail to obtain a certificate of food safety knowledge training may be fined from 10,000,000 VND to 15,000,000 VND.
If the violation is repeated or occurs multiple times, the business may also face suspension of part or all food production or processing activities for 01 to 03 months under Point a, Clause 8, Article 9 of the Decree.
3. How should a business handle disputes arising from the loss of food safety documents?
Under Clause 2, Article 4 of Circular No. 43/2018/TT-BCT, in case of loss or damage, the business must submit an Application for Reissuance (Form No. 01b) enclosed with the Circular.
Within 03 working days of receiving a valid application, the issuing authority shall review and reissue the certificate. If reissuance is denied, a written notice stating the reasons must be provided.
Accordingly, once the loss is detected, the establishment should immediately apply for reissuance to demonstrate compliance with legal requirements and to avoid sanctions or potential disputes arising from missing documents.
4. How can a business prove its products are safe while awaiting reissuance?
To demonstrate product safety during the reissuance process, the business should:
- Submit the reissuance application promptly and notify the competent authority of the loss;
- Provide supporting documents such as a copy of the business registration certificate, loss report, proof of food safety training, and a detailed description of production processes and equipment;
- Maintain all existing safety and hygiene measures in operation.
These steps help prove that food safety conditions remain compliant even in the absence of the physical certificate.
5. Should a business temporarily suspend operations after losing food safety documents?
If the lost document is a Certificate of Eligibility for Food Safety, which is legally required for operation, the business should temporarily suspend production and trading activities until a replacement is issued.
Continuing operations without a valid certificate constitutes a violation of food safety laws and may result in administrative sanctions.
IV. Legal advisory services regarding the loss of food safety documents
The above information summarizes NPLaw’s legal insights and answers concerning the loss of food safety documents. With a team of experienced lawyers and legal specialists, NPLaw provides reliable and professional legal services to protect the lawful rights and interests of clients.
If you require legal assistance regarding this issue, please contact NPLaw for consultation and support.
