PROCEDURES OF APPLYING FOR CERTIFICATE OF FOOD SAFETY QUALIFICATION -
UNDER MANAGEMENT OF THE MINISTRY OF HEALTH
The grant of certificate of food safety qualification is executed for each manufacturing, trading establishment; each independent factory at one place (hereinafter referred to as “establishment”) and granted certificate by competent authorities. NGUYEN & ASSOCIATES would like to introduce the service applying for the certificate of food safety qualification for establishments under management of the Ministry of Health.
I. The Competent Authorities granting the Certificate to the Subjects which under the management of Ministry of Health
1. Ministry of Health:
The Establishments manufactures, trades food including functional food, micronutrient supplementing food, food additives, food processing enhancers, natural mineral water, bottled drinks and packing, tools which contain or touch directly foods.
2. Department of Health:
- Establishments manufacture, trade natural mineral water, bottled drinks, and packing, tools which contain or touch directly foods under management of the area’s public health
- Small-scale establishments manufacture functional foods, micronutrient supplementing foods, food additives, food processing enhancers.
- Small-scale establishments trade functional food, micronutrient supplementing foods, food additives, food processing enhancers with special preservation requirement.
- Establishments trade food and beverage service which their Business Registration Certificate issued by the Ministry of Planning and Investment and Department of Planning and Investment;
- Establishments trade food and beverage service which the People’s Committee (or competent authorities) of District, Town, and Provincial City issue their Business Registration Certificate certified scale of 200 or more portions/serving.
3. People’s Committee (or competent authorities) of District, Town, and Provincial City is responsible for granting Certificate for Establishments trading food and beverage service which are granted the Business Registration Certificate with scale of 200 or more portions/serving by the People’s Committee (or competent agency) of District, Town, and Provincial City.
** Pursuant to actual status and management ability in the area, Department of Health of provinces and cities under the central government may adjust the decentralization of the grant of Certificate for establishments trade Food and Beverage Service.
II. Documents for applying for the grant of certificate
Documents applying for the grant of Certificate of food safety qualification (hereinafter referred as the “Certificate”) are packed in 1 set, including:
1. Application for the Certificate of food safety qualification pursuant to Form No. 01.
2. Business Registration Certificate registering the Food and Beverage service, production, and trade of food (the copy is verified by the establishment).
3. Description of facilities, equipment, tools meeting the conditions of food safety, including:
a) Drawing of ground plan of establishment and surroundings
b) Flow chart of process of processing, preserving, transporting, and selling food and beverage or Flow chart of process of producing food or process of preserving, distributing products and description of facilities, equipment’s, and tools of the establishment.
c) List of facilities, equipment, and tools of the establishment.
4. Certificate of training in food safety of the Owner and persons directly produces or trades food
5. List of health check results of the Owners and persons directly produces or trades food.
6. List of results from a process of identifying vibrio cholerae, shigella and calmonella in excrement taken from persons directly produces or trades food in diarrhea hit areas according to the Ministry of Health’s statement.
** Estimated Time: 25-30 working days
III. Replacement of Certificate
1. Certificate shall be replaced in following circumstances:
a) Replacement of Certificate just when its being unexpired;
b) When changing the name or/and the Owner of the establishment, changing address but not the location and whole process of production and trade of food;
2. Documents applying for replacement of the Certificate (01 set) includes following documents:
a) Application for replacement of the Certificate (as required in form)
b) Unexpired Certificate (original);
c) Certificate of Business Registration or written confirmations issued by competent authorities on changes of name, address of the Establishment (notarized copies);
d) The latest appraisal record (copy certified by the establishment);
e) Copy of results of health check, Certificate for training food safety of the new Owner (in case change the Owner) certified by the Establishment.
3. Estimated Time: 7 working days from the date of receiving the application for the replacement of Certificate, authorities receiving application take responsibility in replacing Certificate for the Establishment; written notice is required when rejecting.
IV. Establishments not subject to the required grant of Certificate
Establishments manufacture, trade food including functional food, micronutrient supplementing food, food additives, food processing enhancers, natural mineral water, bottled drinks, and tools, materials packing, directly touch foods under the management of Ministry of Health includes:
1. Small-scale establishments manufacture functional food.
2. Small-scale establishments without special product preservation requirement.
3. Street vendors.
4. Establishments sell prepackaged food without special conditions for preservation according to the regulation.
5. Establishment trade tools, materials packing, containing foods.
6. Pharmacies which is granted Certificate of GPP qualification has trade of functional food, micronutrient supplemented food.
IV. Validity of Certificate
1. The Certificate is effective for 03 (three) years. If the applicant continues their business, an application for reissuance shall be submitted prior to 06 months before expiry, organizations, individuals have to submit the documents for application of re-granting as regulated. The duration of the new Certificate begins from the day on which the old certificate expires.
2. If the Certificate is re-granted due to the loss or damage; changes of name, the Owner or the authorized person of the establishment, and address but not location and process of manufacture and trade of food, the validity of re-granted Certificate will be determined according to the duration of the Certificate granted before.
3. If the Certificate is re-granted due to change of business location; change, supplementation in the process of manufacture, business goods and when the Certificate is expired, the Certificate will be effective in 03 (three) years from the date of signing the re-grant.
V. Services of NGUYEN & ASSOCIATES
- Consulting, drafting documents, guiding in arranging establishment in accordance with regulations;
- Representing the Clients to submit documents at the competent authorities;
- Following process, receiving and handing over the Certificate to deliver to the guests.
VI. Legal basis:
- Law on Food Safety;
- Decree No. 38/2012/ND-CP detailing the implementation of the Law on Food Safety;
- Circular No. 47/2014/TT-BYT guiding on management of food safety with respect to establishment trading food and drink service;
- Circular No. 26/2012/TT-BYT stipulating on grant of Certificate of Food Safety Qualification for establishments manufacture and trade functional food, micronutrient supplementing food, food additives, food processing enhancers; natural mineral water, bottled drinks; tools, materials packing, containing foods under management of Ministry of Health;
- Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT allocation of tasks and cooperation among regulatory agencies in food safety management;
- Circular No. 149/2013/TT-BTC dated October 29th, 2013 of Ministry of Finance regulation on rate of collection, remittance, management and use of fees and charges of food hygiene and safety;
- Official Letter No. 7131/BYT-VPB1 of 2015;
- Other related legislative documents.