Table Of Contents

The primary legal framework governing food safety in Vietnam includes:

  • Law on Food Safety 2010 (amended and supplemented in 2018)
  • Decree 15/2018/ND-CP details various articles of the Law on Food Safety
  • Decree No. 119/2017/ND-CP on administrative violations related to food safety
  • Circular No. 43/2018/TT-BCT stipulates food safety management under the Ministry of Industry and Trade
  • Additional relevant decrees and circulars issued by various ministries

 

2. Obtaining the Certificate:

Acquiring the Food Hygiene and Safety Certificate is a crucial step for supermarkets operating in Vietnam. This document signifies your commitment to food safety standards and ensures legal compliance. Here's a summary breakdown of the process:

Eligibility:

Before initiating the application process, ensure your supermarket meets the following criteria:

  • Complies with food safety regulations: This encompasses adherence to the Law on Food Safety 2010, Decree 15/2018/ND-CP, and other relevant regulations.
  • Possesses a valid Business Registration Certificate (BRC): Your BRC should explicitly mention registered food business lines relevant to your supermarket's operations.
  • Demonstrates adequate facilities and resources: This involves having appropriate infrastructure and equipment for safe food handling, storage, and preparation. Examples include proper refrigeration, cooking equipment, hygiene facilities, and waste management systems.
  • Employs personnel with food safety training: Individuals directly involved in food production and trading must undergo mandatory food safety training programs approved by the relevant ministry.
  • Maintains proper hygiene practices and record-keeping: Document food origin, processing methods, and temperature control procedures to demonstrate adherence to regulations.

Exemptions and Alternatives:

While obtaining the certificate is generally mandatory, certain exemptions and alternative pathways exist:

  • Pre-packaged foods: Businesses solely dealing in pre-packaged foods are exempt, but must still adhere to food safety regulations and submit a written commitment.
  • Small businesses: Depending on size, location, and operation type, some smaller businesses may be exempt. Consult local authorities for details.
  • International certifications: Holding recognized international food safety certifications like GMP, HACCP, or ISO 22000 exempts you from acquiring the Vietnamese certificate.

Application Process:

  1. Identify the relevant authority: Based on your supermarket's activities, submit your application to:
    • Ministry of Industry and Trade (MOIT): Most supermarkets are involved in food production and trading.
    • Ministry of Health (MOH): Specific imported foods and certain food categories (check their website).
  2. Prepare the application dossier: Gather the required documents:
    • Completed application form (obtained from the ministry's website or local office).
    • Copy of your valid BRC with registered food business lines.
    • Detailed document outlining your facilities, equipment, and food handling tools.
    • Food safety training certificates for relevant personnel.
    • Health certificates for establishment owners and personnel involved in food handling.
    • Any additional documents required by the specific authority.
  3. Submit the dossier and await processing: Submit your application at the designated office or online platform if available. Expect a processing time of 20-25 working days, including potential inspections to verify compliance.
  4. Receive the certificate (or address deficiencies): If everything is in order and the inspection reveals no significant issues, you'll receive the certificate within 5-7 working days. In case of non-compliance, you'll be notified and given time to rectify the issues before resubmitting.

 

3. Exemptions and Alternatives:

While obtaining the Food Hygiene and Safety Certificate is mandatory for most supermarkets in Vietnam, there are specific exemptions and alternative paths to consider depending on your business operations and product offerings. Understanding these options can help you navigate the regulations efficiently and ensure legal compliance.

Exemptions:

  • Pre-packaged Foods: Businesses solely dealing in pre-packaged foods, such as canned goods, dried pasta, or packaged snacks, are exempt from obtaining the certificate. However, it's crucial to note that:
    • They must still adhere to all relevant food safety regulations outlined in the Law on Food Safety 2010 and related decrees.
    • They must submit a written commitment to the competent agency acknowledging their responsibility for ensuring food safety and outlining their practices to achieve it.
  • Small Businesses: Smaller businesses dealing with both packaged and unpackaged foods, like local convenience stores or family-run markets, may be exempt depending on:
    • Size: The specific size threshold varies depending on the local regulations. Consult with the relevant authorities for clarification.
    • Type of Operations: Businesses with limited food preparation and handling activities may qualify for exemption.
    • Location: Rural areas might have different exemption criteria compared to urban centers.

Alternatives:

  • International Certifications: Supermarkets holding recognized international food safety certifications such as GMP (Good Manufacturing Practices), HACCP (Hazard Analysis and Critical Control Points), ISO 22000 (Food Safety Management System), IFS (International Food Standard), BRC (Global Standard for Food Safety), or FSSC 22000 (Food Safety System Certification) are automatically exempt from obtaining the Vietnamese certificate. These certifications demonstrate rigorous adherence to international food safety standards, eliminating the need for the Vietnamese certificate.

Important Considerations:

  • Exemptions and alternatives come with responsibilities: Even if exempt, it's crucial to maintain high food safety standards and be prepared to demonstrate compliance during inspections.
  • Stay updated: Regulations might change periodically, so ensure you have the latest information on exemptions and alternative pathways. Consult with relevant authorities or legal professionals for guidance.
  • Transparency is key: If opting for exemptions or alternative certifications, clearly communicate your food safety practices and compliance measures to consumers to build trust and transparency.

Remember: While exemptions and alternatives exist, prioritizing food safety should always be paramount. Regardless of the chosen path, ensuring the safety of your customers and upholding responsible food handling practices are essential for your business's reputation and long-term success.

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4. Application Process:

Securing the Food Hygiene and Safety Certificate is crucial for supermarkets in Vietnam to operate legally and maintain consumer trust. While seemingly straightforward, the application process involves several steps and specific requirements. This detailed guide will equip you with the knowledge and resources to navigate it successfully.

Step 1: Identify the Relevant Authority:

Determining the correct authority to submit your application is the first crucial step. Depending on your supermarket's primary activities, you'll need to approach the following ministries:

  • Ministry of Industry and Trade (MOIT): Handles most supermarkets involved in food production and trading.
  • Ministry of Health (MOH): Addresses specific imported foods and certain food categories (consult their website for details).
  • Ministry of Agriculture and Rural Development (MARD): Not directly relevant for supermarkets, but covers wholesale markets and initial agricultural production.

Step 2: Prepare the Application Dossier:

Gather the required documents to create your application dossier. Ensure everything is complete and accurate to avoid delays:

  • Completed Application Form: Obtain the appropriate form from the relevant ministry's website or local office.
  • Business Registration Certificate (BRC): A copy of your valid BRC with registered food business lines.
  • Facility Details: A comprehensive document outlining your supermarket's facilities, equipment, and tools used for food handling. Include layouts, diagrams, and descriptions of their purpose and compliance with food safety regulations.
  • Food Safety Training Certificates: Proof that personnel directly involved in food production and trading have undergone mandatory food safety training programs approved by the relevant ministry.
  • Health Certificates: Certificates of good health for the establishment owner and personnel directly involved in food handling, issued by a district-level or higher medical facility.
  • Additional Documents: Depending on the specific authority and your supermarket's unique operations, there might be additional documents required. Check the ministry's website or inquire directly for clarification.

Step 3: Submit the Dossier and Await Processing:

  • Submission: Visit the chosen ministry's designated office or utilize online submission platforms if available. Ensure you meet any submission deadlines or specific procedures outlined by the authority.
  • Processing: Expect a processing time of 20-25 working days. During this period, the assigned authorities might conduct physical inspections of your supermarket to verify compliance with food safety regulations. Cooperate fully with inspectors and address any identified concerns promptly.

Step 4: Receive the Certificate (or Address Deficiencies):

  • Certificate Issuance: If your application meets all requirements and the inspection reveals no significant non-compliance, you'll receive the Food Hygiene and Safety Certificate. This typically takes effect within 5-7 working days after inspection.
  • Deficiency Notification: In case of non-compliance issues, the authorities will notify you of the identified deficiencies and provide a timeframe for rectification. Address these issues promptly and resubmit your application for further evaluation.

Additional Tips and Resources:

  • Start Early: Don't wait until the last minute to begin the application process. Gather documentation and complete training well in advance to avoid unnecessary delays.
  • Seek Professional Guidance: Consider consulting with food safety experts or legal professionals familiar with the regulations for assistance with the application process or navigating specific complexities.
  • Ministry Websites: Utilize the official websites of the relevant ministries for updated information, downloadable forms, and contact details for further inquiries.

 

5. Consequences of Non-Compliance:

Operating a supermarket in Vietnam without a valid Food Hygiene and Safety Certificate carries significant risks and potential consequences. These range from financial penalties to reputational damage, ultimately impacting your business's success and sustainability. Here's a breakdown of the potential repercussions:

Financial Penalties:

  • Fines: According to Decree No. 115/2018/ND-CP, operating without the certificate can result in fines ranging from VND 20,000,000 to VND 60,000,000 (approximately $860 USD to $2,600 USD), depending on the specific violation. These fines can be a significant financial burden, especially for smaller businesses.
  • Business closure: In severe cases of non-compliance or repeated violations, authorities may order the temporary or even permanent closure of your supermarket. This can have devastating consequences for your business operations and employee livelihoods.

Reputational Damage:

  • Loss of consumer trust: Consumers increasingly prioritize food safety and actively seek out establishments adhering to hygiene regulations. Operating without a certificate raises red flags and undermines consumer trust, potentially leading to decreased sales and customer loyalty.
  • Negative media attention: In case of foodborne illnesses linked to your supermarket, the lack of a certificate can attract unwanted media attention and public scrutiny, further damaging your reputation and brand image.
  • Difficulties with suppliers and partners: Reputable suppliers and distributors may be hesitant to collaborate with supermarkets lacking the certificate, hindering your ability to source quality products and maintain business relationships.

Legal Complications:

  • Legal action: In extreme cases, authorities may pursue legal action against the supermarket or its owners, potentially leading to further penalties and legal fees.
  • Difficulty obtaining future licenses and permits: Non-compliance can create hurdles when applying for other necessary licenses and permits, hindering your business's expansion and growth.

Remember: Obtaining the Food Hygiene and Safety Certificate is not just a legal requirement, but an investment in your supermarket's future. By prioritizing food safety and demonstrating compliance, you protect your customers, build trust, and safeguard your business from potential risks and financial losses.

 

6. Conclusion:

Securing a Food Hygiene and Safety Certificate is not merely a legal requirement but a vital step for supermarkets to demonstrate their commitment to food safety and consumer well-being. Understanding the regulations, navigating the application process, and adhering to strict hygiene practices are essential for responsible and successful operations in the Vietnamese market. If you need further explanation on this subject, please don't hesitate to contact us through email at lienhe@luatminhkhue.vn or phone at: +84986 386 648. Lawyer To Thi Phuong Dzung