When an enterprise intends to operate in the field of food and beverage, the first step is to register the appropriate business lines in its Enterprise Registration Certificate. However, such registration is only the beginning. In order to officially commence operations, the enterprise must obtain a Certificate of Eligibility for Food Safety, as required by the Law on Food Safety. This is a mandatory sub-license ensuring that the establishment meets hygiene and safety standards for consumers.

Under Vietnamese law, a food production or trading facility may only operate when it fully satisfies general conditions for food safety. First, the facility must establish and maintain a quality management system to control the entire process of production and distribution, ensuring that all products meet declared standards and remain safe for use until their expiry date.

Personnel must possess appropriate professional qualifications and be trained in food safety and Good Manufacturing Practices (GMP). The person in charge of professional management must hold a university degree in Medicine, Pharmacy, Nutrition, Food Safety, or Food Technology and have at least three years of relevant professional experience.

Facilities, workshops, and equipment must be designed according to a one-way principle to ensure cleanliness, ease of sanitation, and prevention of cross-contamination or dust accumulation. All production, quality control, and distribution activities must be documented in full, enabling the traceability of each product batch.

In addition, the enterprise must have an independent quality control department responsible for routine inspections, stability assessments, and implementing complaint-handling and product-recall procedures when necessary.

To apply for the Certificate of Eligibility for Food Safety, the enterprise must prepare an application dossier including: an application form, a written explanation of facilities and equipment, a certificate of health for the owner and food-handling employees issued by a district-level or higher medical authority, and certificates of food safety training for the same individuals.

Depending on the specific scope of operation — food production, trading, or catering services — the licensing authority may fall under the Ministry of Health, the Ministry of Agriculture and Rural Development, or the Ministry of Industry and Trade. In practice, many enterprises encounter delays or difficulties due to incomplete documentation or insufficient understanding of regulatory requirements.

Therefore, Hnlaw recommends that enterprises conduct a preliminary legal and operational assessment regarding facilities, personnel, and documentation before submitting the application. Early preparation will help minimize time and cost, ensuring lawful, safe, and sustainable business operations.

Hnlaw – Legal Insight: We accompany businesses through every stage of legal compliance, from business registration and licensing to ongoing regulatory control in the food and beverage sector.