Do companies doing import-export business have to apply for a sublicense? Does the business of roasting and grinding coffee need a certificate of food safety?

Does a company doing import-export business have to apply for a sublicense?

Pursuant to Clause 5, Article 7 of the Law on Enterprises 2020, it is stipulated as follows:

“5. Export and import business.”

Thus, export and import business is the right of businesses, so domestic businesses will not have to register this business line (This is shown when the Vietnamese economic industry code system does not mention the import-export business line). Therefore, when doing business in this industry, businesses do not need to carry out sub-licensing procedures (only when importing and exporting goods, depending on the specific import and export goods code, there will be separate conditions/ separate procedures).

Does roasting and grinding coffee business need a certificate of food safety?

(1) Pursuant to Article 11 of Decree 15/2018/ND-CP stipulating the issuance of Certificates of establishments meeting food safety conditions as follows:

– Food production and business establishments must have a Certificate of eligibility for food safety when operating, except for the cases specified in Clause 1, Article 12 of this Decree.

– Conditions for issuance of Certificate of establishment meeting food safety conditions are implemented according to the provisions of Clause 1, Article 34 of the Food Safety Law. Particularly for establishments producing health protection foods, they must comply with the requirements specified in Article 28 of this Decree.

(2) Pursuant to Article 12 of Decree 15/2018/ND-CP stipulating establishments not subject to the issuance of Certificates of establishments meeting food safety conditions as follows:

– The following establishments are not subject to issuance of Certificates of establishments meeting food safety conditions:

+ Small initial production;

+ Food production and trading without a fixed location;

+ Small retail processing;

+ Small food business;

+ Trading in pre-packaged foods;

+ Producing and trading in tools and materials for packaging and storing food;

+ Restaurant in the hotel;

+ The collective kitchen does not have a registered food business;

+ Street food business;

+ The facility has been granted one of the following Certificates: Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Points (HACCP), ISO 22000 Food Safety Management System, International Food Standards (IFS), Global Standards for Food Safety (BRC), Food Safety System Certification (FSSC 22000) or valid equivalent.

– Establishments specified in Clause 1 of this Article must comply with the corresponding food safety requirements.

Thus, if your business establishment does not fall into the cases specified in Article 12 of Decree 15/2018/ND-CP then you must have a Certificate of establishment meeting food safety conditions when operating based on Article 11 of Decree 15/2018/ND-CP.

How are the documents and authority to issue a Certificate of establishment qualified for food safety?

(1) Pursuant to Article 36 of the Food Safety Law 2010, regulations on documents are as follows:

– Dossier to apply for a Certificate of establishment meeting food safety conditions includes:

+ Application for issuance of Certificate of establishment meeting food safety conditions;

+ Copy of Business Registration Certificate;

+ Explanation of facilities, equipment and tools to ensure food hygiene and safety conditions according to regulations of competent state management agencies;

+ Certificate of good health of the facility owner and person directly producing and trading food issued by a district-level medical facility or higher;

+ Certificate of training in food safety and hygiene of the facility owner and of the person directly producing and trading food according to regulations of the Minister of Industry Management.

– The order and procedures for granting a Certificate of establishment meeting food safety conditions are prescribed as follows:

+ Organizations and individuals producing and trading food submit an application for a Certificate of establishment meeting food safety conditions to the competent state authority specified in Article 35 of this Law;

+ Within 15 days from the date of receipt of complete and valid documents, the competent state authority shall conduct an actual inspection of food safety conditions at food production and business establishments; If eligible, a Certificate of establishment meeting food safety conditions must be issued; In case of refusal, you must respond in writing and clearly state the reason.

(2) Pursuant to Article 35 of the Food Safety Law 2010, which stipulates the authority to grant and revoke Certificates of establishments meeting food safety conditions as follows:

The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade specify the authority to grant and revoke Certificates of establishments meeting food safety conditions in the assigned management fields.

Above is our consulting content related to import-export business and the certificate of establishment meeting food safety conditions that you are interested in.