According to current law, food production and business establishments must fully meet the conditions and be granted a Certificate of establishment meeting food safety conditions (hereinafter referred to as “Food safety certificate”) during operation. However, after the issuance of the Certificate, the competent agencies can inspect and implement the withdrawal of Food safety certificate in some cases.
1. Who can be issued a Food safety certificate?
According to current law, food production and business establishments must fully meet the conditions and be granted a Food Safety Certificate during their operations. Exceptions only apply to the following cases – subjects not subject to issuance of Food Safety Certificates:
– 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.
2. How are the regulations on inspection of Food safety certificate post-issuance?
The inspection of the Food safety certificate after issuance is regulated as follows:
– The competent authority issuing Food safety certificate according to regulations and the competent authority performs post-issuance inspection.
– The higher level competent authority has the right to inspect the facility issued with a Certificate by the lower level competent authority.
In particular, the number of inspections will not exceed 01 time/year.
>> PROCEDURE FOR ISSUANCE OF CERTIFICATE OF FOOD SAFETY FOR RESTAURANT https://linconlaw.vn/procedure-for-issuance-of-certificate-of-food-safety-for-restaurant/
>> CONDITIONS FOR ISSUANCE OF INVESTMENT REGISTRATION CERTIFICATE https://linconlaw.vn/conditions-for-issuance-of-investment-registration-certificate-not-subject-to-approval-for-investment-guidelines/
3. In what cases can the withdrawal of Food safety certificate occur?
Production and business establishments have their Certificates revoked in the following cases:
– Forging application documents for Food safety certificate;
– Renting or borrowing Food Safety Certificate;
– Arbitrarily modifying the content of the Food safety certificate;
– Production and business activities have ended.
4. Who have authority for withdrawal of Food safety certificate?
The authority to revoke the Food Safety Certificate is specified as follows:
– The agency issuing Certificate has the right to revoke the issued Certificate;
– The superior authority has the right to revoke the Certificate issued by the lower authority.
- Law on Food safety 2010;
- Decree 15/2018/ND-CP guiding the Law on Food Safety issued on February 2, 2018;
- Decree 115/2018/ND-CP regulating penalties for administrative violations of food safety issued on September 4, 2018;
- Decree 124/2021/ND-CP amending Decree 115/2018/ND-CP regulating penalties for administrative violations of food safety and Decree 117/2020/ND-CP regulating penalties for administrative violations of food safety in the health sector issued on December 28, 2021.
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