In the food business sector, ensuring food safety and hygiene is a critical factor in protecting consumer health and complying with legal regulations. One of the essential requirements is that food business establishments must obtain a Certificate of Eligibility for Food Safety Conditions before introducing their products to the market. This article clarifies the concept, legal provisions, consequences of non-compliance, and provides a detailed guide on the procedure for obtaining this certificate.
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1. What is a Certificate of Eligibility for Food Safety Conditions?
The Certificate of Eligibility for Food Safety Conditions is a legal document issued by a competent state authority, confirming that a food production or business establishment meets the required food safety standards. This certificate is not only a prerequisite for lawful operation but also fosters consumer trust by ensuring that products have a clear origin and are produced under hygienic and safe conditions.
- Legal Provisions on the Certificate of Eligibility for Food Safety Conditions
- Conditions for Issuance of the Certificate
According to Clause 1, Article 34 of the Food Safety Law 2010, as amended and supplemented by Clause 2, Article 11 of Decree No. 15/2018/ND-CP, food production and business establishments must meet the following conditions to be granted the certificate:
- Compliance with food safety conditions: The establishment must adhere to the specific requirements outlined in Chapter IV of the Food Safety Law 2010. For instance:
- For food production and business establishments (Clause 1, Article 19 of Decree No. 15/2018/ND-CP), the premises must have an appropriate area, maintain a safe distance from sources of contamination, and mitigate other factors harmful to food.
- For food storage facilities (Clause 1, Article 20 of Decree No. 15/2018/ND-CP), there must be designated storage areas and equipment that meet requirements, with sufficient space to store different types of food separately.
- Registration of food business activities: The establishment must have food-related business activities explicitly registered in its Business Registration Certificate.
2. Penalties for Operating Without the Certificate
Operating a food business without the Certificate of Eligibility for Food Safety Conditions in cases where it is mandatory will result in administrative penalties as stipulated in Article 18 of Decree No. 115/2018/ND-CP, as amended and supplemented by Clause 8, Article 1 of Decree No. 124/2021/ND-CP, specifically:
- Operating food and beverage services: A fine ranging from VND 20,000,000 to VND 30,000,000.
- Producing or trading food: A fine ranging from VND 30,000,000 to VND 40,000,000.
- Producing health protection food without meeting GMP requirements: A fine ranging from VND 40,000,000 to VND 60,000,000.
3. Is the Certificate Mandatory for Businesses Dealing in Micronutrient Food?
Pursuant to Clause 1, Article 11 of Decree No. 15/2018/ND-CP, food production and business establishments, including those dealing in micronutrient food, are required to obtain the certificate unless exempted under Clause 1, Article 12 of Decree No. 15/2018/ND-CP. Since micronutrient food is not included in the exempted categories, the certificate is mandatory for such businesses.
4. Guide to the Procedure for Obtaining the Certificate
4.1. Required Documents
Based on Clause 1, Article 36 of the Food Safety Law 2010, the application dossier for the Certificate of Eligibility for Food Safety Conditions includes the following documents:
- Application form for the Certificate of Eligibility for Food Safety Conditions (as per the prescribed form).
- Copy of the Business Registration Certificate.
- Description of facilities, equipment, and tools ensuring compliance with food safety and hygiene conditions as required by the competent state authority.
- Health certificate for the establishment’s owner and individuals directly involved in food production or business, issued by a medical facility at the district level or higher.
- Certificate of food safety training for the establishment’s owner and individuals directly involved in food production or business, as required by the relevant ministry.
4.2. Procedure Steps
According to Clause 2, Article 36 of the Food Safety Law 2010, the procedure for obtaining the certificate is as follows:
Step 1: Prepare the Application Dossier
The establishment must prepare all required documents listed above, ensuring their accuracy and validity.
Step 2: Submit the Application
The application dossier is submitted to the competent authority as stipulated in Article 35 of the Food Safety Law 2010, guided by Points 5 and 6 of Official Letter No. 5845/2013/BTC-KHCN. The authority responsible for issuing the certificate includes:
- Ministry of Health, Ministry of Agriculture and Rural Development, or Ministry of Industry and Trade, depending on the type of production or business.
- For establishments producing or trading multiple products under the management of two or more ministries, the application may be submitted to the Ministry of Industry and Trade or Provincial Department of Industry and Trade, as per the delegated authority (Points 5 and 6 of Official Letter No. 5845/2013/BTC-KHCN).
Step 3: Application Processing
Within 15 days from the receipt of a complete and valid dossier, the competent authority will:
- Conduct an on-site inspection to assess the establishment’s food safety conditions.
- If the establishment meets all requirements, the Certificate will be issued.
- If the requirements are not met, the authority will issue a written refusal stating the specific reasons (Point b, Clause 2, Article 36 of the Food Safety Law 2010).
The Certificate of Eligibility for Food Safety Conditions is not only a mandatory legal requirement but also a testament to the quality and credibility of a food business. Compliance with food safety regulations helps avoid administrative penalties, protects consumer health, and enhances brand value. To ensure a smooth application process, establishments should meticulously prepare their dossiers and fully comply with the legal requirements.
Disclaimer:
This article is intended for informational purposes only and does not constitute legal advice from HTH & Partners. The content represents the views of HTH & Partners and is subject to change without prior notice.
The legal provisions referenced in this article were valid at the time of publication but may have been amended or repealed by the time of reading. We strongly recommend consulting a qualified legal professional before applying any information contained herein.
