VI In the current context of a rapidly developing service economy, especially in the food and beverage industry, food safety has become a vital factor. It not only directly affects public health but also determines the reputation and sustainability of each establishment. Therefore, strict compliance with food safety regulations is a prerequisite for building trust. One of the most important legal requirements for food and beverage establishments is obtaining a Certificate of food safety eligibility. This certificate is not just an administrative document; it is also authentic proof that the establishment meets stringent standards for hygiene, facilities, and personnel as required by law. To help food and beverage establishments understand and correctly follow the legal procedures, ensuring legal and safe establishment operations, let’s explore the detailed process of applying for this certificate.
I. Legal provisions for Certificate of food safety eligibility for food and beverage establishments
A food and beverage establishments is a food processing establishment, including shops, stalls selling ready-to-eat food and cooked food, restaurants, ready-to-eat meal preparation facilities, canteens, and collective kitchens. By law, these establishments are required to have a Certificate of food safety eligibility to operate.
However, according to Article 12 of Decree 15/2018/ND-CP, a food and beverage establishments does not need to apply for this certificate in the following cases:
– Restaurants within hotels.
– Collective kitchens that are not registered as a food establishment.
– Street food vendors.
– Establishments that have been granted one of the following valid certificates: GMP, HACCP, ISO 22000, IFS, BRC, or FSSC 22000.
II. Food safety requirements for food and beverage establishment
According to Clause 2, Article 2 of Decree 155/2018/ND-CP, food and beverage establishments must comply with the following conditions:
- Food safety conditions for food processing and establishment areas
The kitchen must be arranged to prevent cross-contamination between raw and processed food.
There must be a sufficient supply of clean water that meets technical standards for processing and establishment activities.
Adequate and hygienic garbage and waste collection containers must be available.
Drains in the store and kitchen area must be clear and free of blockages.
The dining area must be airy, cool, well-lit, and kept clean, with measures in place to prevent insects and harmful animals.
There must be equipment for food preservation, as well as clean daily facilities for toilets, hand washing, and waste disposal.
The head of the unit with a collective kitchen is responsible for ensuring food safety.
- Food safety conditions for processing and establishment establishments
Separate tools and containers must be used for raw and cooked food.
Cooking and processing utensils must be clean and safe.
Eating utensils must be made of safe materials, washed thoroughly, and kept dry.
The health, knowledge, and practices of individuals directly involved in food production and establishment must comply with regulations.
- Food safety conditions for food processing and storage
Food and food ingredients must have a clear origin and be safe. Food samples must be retained.
Food must be processed safely and hygienically.
Food for sale must be displayed in a glass cabinet or hygienic storage equipment that protects it from dust, rain, sunlight, and insects. It must be displayed on a table or rack elevated from the ground.
- Other conditions
Three-step food inspection and food sample retention must be carried out according to the Ministry of Health’s guidelines.
Equipment and vehicles for transporting and storing food must be hygienic and not cause food contamination.
Individuals directly involved in food preparation must receive training on food safety knowledge and be certified by the establishment owner. They must not have infectious diseases such as cholera, dysentery, typhoid, hepatitis A or E, skin infections, pulmonary tuberculosis, or acute diarrhea while producing or selling food.
III. Application and procedure for obtaining Certificate of food safety eligibility for food and beverage establishments
- Conditions for certificate issuance
A food and beverage establishment will be granted a Certificate of food safety eligibility if it meets the following conditions:
It meets the food safety requirements as stipulated by the Law on Food Safety.
It has a registered food establishment line in its Establishment Registration Certificate.
- Application documents
The application for Certificate of food safety eligibility includes the following documents:
(i) An application form (Form No. 1, Appendix I of Decree 155/2018/ND-CP).
(ii) A notarized copy of the Establishment Registration Certificate or Enterprise Registration Certificate with a establishment line relevant to the food being produced (certified by the establishment).
(iii) A description of the facilities, equipment, and tools that meet food safety and hygiene standards.
(iv) Health certificates from a district-level or higher medical facility for the owner and all individuals directly involved in food production and establishment.
(v) A list of food producers and food service providers who have been trained in food safety knowledge, certified by the establishment owner.
- Application procedure
Step 1: The food and beverage establishment submits the application for the Certificate of food safety eligibility through the online public service system, by mail, or in person to the competent authority designated by the Provincial People’s Committee.
Step 2: If the application requires modification or additional documents, the receiving authority must notify the establishment in writing within 5 working days of receiving the complete application. If the establishment fails to amend or supplement the application within 30 days of receiving the notification, the application becomes invalid. The individual or establishment must submit a new application if they still wish to obtain the certificate.
If the application is satisfactory, the receiving authority is responsible for forming an appraisal team or authorizing an appraisal and creating an appraisal report (Form No. 2, Appendix I of Decree 155/2018/ND-CP) within 15 working days of receiving the complete application. If the authority delegates the appraisal to a subordinate agency, a written authorization is required.
The appraisal team, appointed by the certificate-issuing authority or the delegated agency, consists of 3 to 5 people. At least 2 members must be food safety professionals. The team may also include experts in the relevant field of food production.
If the appraisal results are satisfactory, the receiving authority will issue the Certificate of food safety eligibility within 5 working days of the appraisal.
If the on-site appraisal results are unsatisfactory but can be corrected, the appraisal team must clearly state the required changes and the timeline for correction in the appraisal report. The correction period must not exceed 30 days. After the establishment reports the completion of the corrections, the appraisal team will re-evaluate the results and record their findings in the appraisal report. If the corrections are deemed satisfactory, the Certificate of food safety eligibility will be issued.
If the corrections are still unsatisfactory, the receiving authority will notify the establishment and the local management authority in writing that the establishment does not meet the requirements.
If the appraisal results are unsatisfactory, the receiving authority will notify the local management authority in writing to supervise and instruct the establishment to cease operations until the certificate is granted.
