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Restaurant establishment some legal issues to know

  08/12/2020

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I. Restaurant registration registration?

1. Should you choose to establish a business or choose a household business when opening a restaurant?

Before doing business in the restaurant industry, the restaurant owner will have to carry out business registration procedures. Obtaining permits will be easier and quicker when the owner of a restaurant sets up a business to do business. However, depending on the size of the operation, the intended financial fund or the management ability, the restaurant owner can choose to register for business establishment or business registration accordingly.

Industry code, restaurant business

When setting up a business or business household to run restaurant business, the restaurant owner should choose to register to integrate the restaurant’s business line with other relevant business codes.

Refer to 4 relevant business codes such as:

Code 5610: Restaurants and catering services for mobile service

Code 5621: Code name, line of business is providing catering services under irregular contracts with customers

Code 5629: Code-name of the business line is other catering services

Code 5630: Code name and business line of catering services

In case of establishing an enterprise, it is required to enter the code of level 4 business as specified in Decision 27/2018 / QD-TTg.

In case of establishing a business household, the restaurant owner can record in detail the content of business activities without being required to enter the business code according to Decision 27/2018 / QD-TTg. However, the restaurant owner can consider choosing a business registration option such as establishing a business.

Legal work required after setting up the restaurant

After registering to establish a restaurant, depending on whether the restaurant owner establishes a business household or an enterprise, it is necessary to carry out some corresponding procedures before doing business, for example as follows:

– Open a bank account,

– Notice of seal sample,

– Declaring and paying license fees,

– Appointing the chief accountant or person in charge of accounting,

– Tax registration for the first time,

– Sign up at the enterprise,

– First registration of social insurance, health insurance and unemployment insurance.

Members can refer to more work in the following article: Some jobs to do after establishing a business (Latest).

II. General conditions

The restaurant will be identified as a food service business, one of the business lines that have a certificate, within the scope of the article, only analyzing the business activities of the restaurant under the management in the field of Medicine. health.

The restaurant must meet the requirements of the place of processing and trading food services, preserving food and people directly processing food. Members are invited to refer to details at work: Food and beverage establishments in the industry and business lines of business have registered in the health sector.

In addition to ensuring that the above requirements are met throughout the course of business operations, the restaurant must also fully satisfy the requirements as prescribed, specifically as follows:

Ensuring the satisfaction of food safety and hygiene

Pursuant to the provisions of Article 11 of Decree 15/2018 / ND-CP, before the restaurant goes into operation, it is required to carry out the procedures for Granting a Certificate of Food Safety Registration, specifically as follows:

The composition of the profile includes:

An application for a Certificate of Establishment of Satisfaction of Food Safety Registration (according to Form No. 01, Appendix I issued together with Decree 155/2018 / ND-CP).
A copy of the business registration certificate or the enterprise registration certificate with a profession that is suitable to the food type of the manufacturer.
Explanation of material facilities, equipment and tools to ensure food safety and hygiene according to regulations of competent state management agencies.
Certificate of training in food safety and hygiene, of the establishment’s owner and of the person directly engaged in food production or trading.

-Service for a certificate of full dissolving hygiene

The list of food and beverage production and business establishments trained in food safety and hygiene, certified by the establishment’s owner
Health certificate proving that the establishment’s owner and the person directly engaged in food production and trading meet the health conditions issued by a medical establishment of district or higher level.
Procedure authorization letter if the person performing the procedure on behalf of the enterprise is not the legal representative of the enterprise.

– Apply through the public service system online or by mail or at the receiving agencies.

– Place of submission: Provincial People’s Committee where the restaurant is registered to operate.

Note: If the restaurant operates but does NOT have a Certificate of satisfaction of food safety certificate, it will be administratively sanctioned in the form of a fine of between VND 20 million and VND 30 million (Based on regulations in Article 18 of Decree 115/2018 / ND-CP).

Ensure safety for fire prevention and fighting

From January 10, 2021, Decree 136/2020 / ND-CP takes effect to replace Decree 79/2014 / ND-CP, depending on the total business area or volume, the restaurant owner will determine the Its affiliated premises are subject to fire prevention and fighting or facility at risk of fire and explosion, as well as direct management agencies, specifically as follows .

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