Circular No. 18/1999/TT-BTM guiding conditions for operating restaurants and casual eateries

CIRCULAR

Guidelines for operating restaurants and street food stalls,

casual eateries

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Implementing Decree No. 11/1999/NĐ-CP dated March 3, 1999 of the Government on prohibited goods and services, restricted and conditional business activities; the Ministry of Commerce guides the conditions for operating restaurants and casual eateries as follows:

I. SCOPE OF APPLICATION

Article 1. This Circular regulates the operation of restaurants and casual eateries.

Clause 1. Restaurants: are establishments that process and sell high-quality food products with good facilities, equipment, and service methods to meet the needs of all customer groups.

Restaurants include dining-only establishments, drinking-only establishments, dining and drinking establishments, and specialty dining and drinking establishments (hereinafter collectively referred to as restaurants).

Clause 2. Casual eateries: are establishments that process and sell food products using simple techniques and technology, serving general eating and drinking needs of customers at prices suitable for the majority of residents.

Casual eateries include food shops, snack bars, refreshment stands, etc. (hereinafter collectively referred to as casual eateries).

Article 2. Business entities operating restaurants and casual eateries must comply with the conditions stipulated in this Circular.

Article 3. Foreign-invested businesses engaged in the food and beverage industry must comply with the provisions of the Law on Foreign Investment in Vietnam and relevant provisions in this Circular.

Chapter II. CONDITIONS FOR OPERATING RESTAURANTS AND CASUAL EATERIES

Business entities operating restaurants and casual eateries must meet the following four conditions:

Point 1. Conditions regarding the business entity:

The business entity must be a trader with a Business Registration Certificate that includes registration for the food and beverage industry.

2. Conditions regarding physical facilities, technical equipment, and tools:

Point 2.1. Requirements for the business location:

- Must have a fixed business location that is legally used.

- The business location must be at least 100 meters away from public sanitary areas, waste disposal sites, and production sites that emit large amounts of dust and harmful substances that can cause infectious diseases.

Point 2.2. Minimum requirements for facilities and equipment:

- Restaurants: must comply with the regulations set forth in Appendix 1 attached to this Circular.

- Casual eateries: must comply with the regulations set forth in Appendix 2 attached to this Circular.

Point 3. Conditions for environmental protection and fire prevention:

Clause 1. Must have a clean water supply system and a sanitary wastewater drainage system.

Clause 2. Must have covered bins or containers for waste and refuse.

Clause 3. Must have minimum fire safety equipment according to the regulations of the police authority.

4. Health conditions:

Employees working in restaurants and casual eateries must have health status appropriate for their job as prescribed by the Ministry of Health. Before hiring, they must undergo a health check, and then every year (12 months), they must undergo a health examination and retesting to detect infectious diseases.

Chapter III. REQUIREMENTS TO BE COMPLIED WITH WHEN OPERATING RESTAURANTS AND CASUAL EATERIES

Point 1. Continuously ensure compliance with the four business conditions stipulated in this Circular.

Point 2. Ensure hygiene standards in food and beverage operations and implement reporting and investigation procedures for food poisoning as prescribed in Circular No. 04/1998/TT-BYT dated March 23, 1998 issued by the Minister of Health, specifically:

Clause 1. Hygiene requirements for food and beverage establishments (to be implemented according to Appendix 3 attached to this Circular).

Clause 2. Reporting and investigation procedures for food poisoning:

- When food poisoning is detected or suspected (at least two people who ate together suffer from diarrhea, vomiting, abdominal pain, etc., at the same time), the owner of the food establishment or responsible person must immediately report to the nearest health authority.

- Suspected food causing poisoning must be retained for investigation, testing, and determining the cause.

- Food establishments that produce food causing poisoning will bear full responsibility for the violation and must cover all medical examination and treatment costs for poisoned patients, as well as the costs for investigating the cause of the poisoning.

Clause 3. The person in charge of the unit is responsible for organizing regular health checks for employees. If anyone contracts one of the infectious diseases listed in Appendix 4, they must temporarily stop work until they recover or switch to another job.

Point 3. Strictly comply with relevant regulations concerning food and beverage operations as stipulated in Decree No. 36/CP dated May 29, 1995 and Decree No. 87/CP dated December 12, 1995 of the Government.

IV. VIOLATION HANDLING AND IMPLEMENTATION ORGANIZATION

Point 1. Business entities operating restaurants and casual eateries that violate the provisions of this Circular shall be subject to administrative penalties or criminal prosecution depending on the severity of the violation, as prescribed by law.

Point 2. Provincial and municipal commerce departments are responsible for:

Clause 1. Planning and zoning the network of food and beverage operations to ensure commercial civility, environmental hygiene, and social order.

Clause 2. Cooperating with the Department of Health, the Department of Science and Technology - Environment, and related agencies to guide and inspect economic components engaged in food and beverage operations according to the provisions of this Circular, promptly handling violations in accordance with the law.

Point 3. This Circular takes effect 15 days after its issuance and replaces the guidelines for restaurant operations in Circular No. 27/LB/TCDL-TM dated January 10, 1996 of the General Administration of Tourism - Commerce "Guidelines for Conditions of Operation of Accommodation Facilities and Restaurants", and the regulations for casual eateries in Decision No. 747/TM-KD dated September 7, 1995 of the Minister of Commerce issued along with the "Regulations on Casual Eateries and Lodging".