Circular No. 30/2012/TT-BYT stipulates food safety conditions for food service establishments and street food vendors.

CIRCULAR

Provisions on food safety conditions for business establishments

providing catering services, street food sales

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Pursuant to the Food Safety Law 2010;

Pursuant to Decree No. 38/2012/NĐ-CP dated April 25, 2012 of the Government detailing some provisions of the Food Safety Law;

Pursuant to Decree No. 63/2012/NĐ-CP dated August 31, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

At the proposal of the Director of the Food Safety Administration;

The Minister of Health issues the Circular stipulating food safety conditions for business establishments providing catering services, street food sales.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates food safety conditions for business establishments providing catering services, street food sales (hereinafter referred to as establishments).

2. This Circular applies to organizations, individuals, households engaged in catering service businesses, street food sales within the territory of Vietnam.

Article 2. Interpretation of Terms

In this Circular, the terms shall be understood as follows:

1. Catering service business establishment is an establishment organizing the processing and supplying of food and beverages for immediate consumption with a fixed location including meal preparation establishments; canteens providing catering services; collective kitchens; hotel and resort dining rooms; restaurants; eating and drinking shops; shops, counters selling ready-to-eat foods, cooked foods.

2. Street food sales business is a type of food sales activity involving the sale of ready-to-eat, ready-to-drink food and beverages while roaming on streets or displayed at public places (bus stations, train stations, railway stations, tourist areas, festival sites) or similar locations.

Chapter II

FOOD SAFETY GUARANTEE CONDITIONS FOR CATERING SERVICE BUSINESS ESTABLISHMENTS

Article 3. For meal preparation establishments

1. Physical facilities, equipment, utensils, and persons directly involved in meal preparation must comply with the requirements set forth in Articles 1, 2, 3, and Article 4 of Circular No. 15/2012/TT-BYT dated September 12, 2012, issued by the Ministry of Health regarding general food safety conditions for food production and business establishments.

2. The actual number of meals prepared by the meal preparation establishment must match the design capacity of the meal preparation production line of the establishment.

3. Food ingredients, food additives, pre-packaged foods must have supply contracts in accordance with regulations and still be within their expiration dates; food additives must be from the list of permitted food additives issued by the Ministry of Health.

4. Ice used for consumption must be produced from water sources that meet the National Technical Regulation (QCVN) on drinking water quality No. 01:2009/BYT.

5. There must be complete records documenting the implementation of the three-step food inspection regime according to the guidelines of the Ministry of Health; there must be sufficient food sample storage utensils, refrigerators for storing food samples, and ensure food sample retention at the establishment for at least 24 hours from the time the prepared meals are completed.

6. Ensure food safety during transportation of prepared meals and ready-to-eat foods:

a) Containers holding prepared meals and ready-to-eat foods must be isolated from the surrounding environment, preventing dust, insects from entering, and must be suitable for the size of the transported food items;

b) Specialized transportation equipment, containers, packaging materials coming into direct contact with prepared meals and ready-to-eat foods must be made of non-contaminating materials and easy to clean; they must be kept clean before, during, and after transporting prepared meals and ready-to-eat foods;

c) Adequate equipment must be available to monitor temperature, humidity, ventilation, and other factors affecting food safety according to technical requirements to preserve prepared meals and ready-to-eat foods throughout the transportation process;

d) Internal regulations must be established regarding food safety measures during transportation of prepared meals and ready-to-eat foods; maintain and control preservation conditions according to requirements throughout the transportation process;

đ) Transportation equipment and utensils for prepared meals and ready-to-eat foods must not contain hazardous goods or cause cross-contamination affecting food quality and safety.

e) Preservation and transportation time for prepared meals and ready-to-eat foods from completion of preparation until consumption must not exceed 4 hours (if food cannot be preserved hot, cold, or frozen); transportation time for prepared meals until consumption without specialized preservation equipment (hot holding, refrigeration) must not exceed 2 hours. If exceeded, appropriate heating or pasteurization measures must be taken to ensure food safety before consumption.

Article 4. For cafeterias engaged in food service; collective dining kitchens; hotel dining rooms and restaurants; restaurants

1. The physical facilities, equipment, utensils, and persons directly involved in preparing and serving food at cafeterias, collective dining kitchens, hotels, resorts, and restaurants must comply with the requirements stipulated in Articles 1, 2, 3, and Article 4 of Circular No. 15/2012/TT-BYT dated September 12, 2012, issued by the Ministry of Health regarding general conditions to ensure food safety for food production and business establishments.

2. Design must include areas for raw material processing, cooking preparation, food storage; dining areas; separate warehouses for raw materials and pre-packaged food storage; hand washing and toilet areas that are isolated. For collective dining kitchens using ready-made meal services, separate areas must be arranged according to the number of meals served to ensure food safety.

3. Food preparation areas must be designed in a unidirectional manner; there must be sufficient utensils for preparing, storing, and using fresh and processed foods separately; there must be adequate utensils for dividing, picking up, containing food, and eating utensils that are clean and regularly maintained; disposable gloves must be provided when handling food directly; there must be sufficient equipment to prevent flies, mosquitoes, insects, and disease-causing animals.

4. Dining areas must be well-ventilated, have sufficient tables and chairs, and be kept clean regularly; there must be sufficient equipment to prevent flies, mosquitoes, insects, and disease-causing animals; there must be hand washing sinks, with a minimum of one sink for every fifty diners; there must be toilets, with a minimum of one toilet for every twenty-five diners.

5. Areas for displaying and storing cooked food immediately must be sanitary; cooked food must be displayed on tables or racks at least 60 cm above the ground; there must be sufficient equipment and other items to prevent dust, flies, mosquitoes, and disease-causing insects; there must be adequate sanitary utensils for picking up and serving food.

6. Ice used in food consumption must be produced from water sources that comply with National Technical Regulation (QCVN) standards for drinking water quality No. 01:2009/BYT.

7. There must be sufficient records to implement the three-step food inspection system as directed by the Ministry of Health; there must be sufficient utensils for food sample preservation, refrigerators for storing food samples, and a system to maintain food samples for at least 24 hours after completion of food preparation.

8. There must be sufficient containers for waste and garbage that are sealed and have lids; waste and garbage must be collected and treated daily as required; wastewater must be collected in a closed system to ensure it does not cause environmental pollution.

Article 5. For food shops

1. Physical facilities, equipment, utensils, and persons directly involved in preparing and serving food at food shops must comply with the requirements stipulated in Clause 1, 2, 3, 4, and 6 of Article 5, Clause 1, 2, and 3 of Article 6, Clause 1, 2, 3, and 4 of Article 7, and Clause 1, 2, 4, 5, 7, and 8 of Article 4 of Circular No. 15/2012/TT-BYT dated September 12, 2012, issued by the Ministry of Health regarding general conditions to ensure food safety for food production and business establishments.

2. The establishment must be designed to include food preparation areas, sales display areas, customer hand washing areas; food and beverage preparation areas must be clean and isolated from sources of contamination; food display areas must be separated between raw and cooked food.

3. There must be sufficient utensils for food preparation, division, containment, and eating that are sanitary; disposable gloves must be provided when handling food directly; packaging materials for food must ensure food safety.

4. Water used for cooking food must comply with National Technical Regulation (QCVN) No. 01:2009/BYT; water used for raw material processing, cleaning utensils, and customer hand washing must be in sufficient quantity and comply with National Technical Regulation (QCVN) No. 02:2009/BYT and must be tested regularly at least once a year as required; ice used for beverage preparation must be produced from water sources that comply with National Technical Regulation (QCVN) No. 01:2009/BYT.

5. Raw materials, food additives, and pre-packaged food must have invoices and certificates proving clear origin and source; food additives must be within the list of permitted food additives issued by the Ministry of Health.

6. Ready-to-eat and cooked food must be displayed on tables or racks at least 60 cm above the ground; they must be stored in glass cabinets or equipment that is hygienic, preventing flies, mosquitoes, dust, rain, sun, and pests.

7. The establishment must have sufficient containers for waste and garbage that are sealed and have lids; waste and garbage containers must be removed daily; wastewater must be collected in a system that does not cause environmental pollution.

Article 6. Regarding food stalls and counters selling ready-to-eat foods and cooked foods

1. The establishment must be located at a distance from pollution sources.

2. The preparation area and the sale area for ready-to-eat foods and cooked foods must be clean, well-ventilated, separated to facilitate cleaning and prevent environmental contamination.

3. Water used for preparing ready-to-eat foods and cooked foods must be sufficient and comply with National Technical Regulation (QCVN) No. 01:2009/BYT; water used for preliminary processing of raw materials, cleaning tools, and hand washing must be sufficient and comply with National Technical Regulation (QCVN) No. 02:2009/BYT; ice used in beverage preparation must be produced from water complying with National Technical Regulation (QCVN) No. 01:2009/BYT.

4. There must be adequate equipment for preparing, portioning, serving, storing, and preserving ready-to-eat foods and cooked foods, which must be cleaned and dried before use; disposable gloves must be provided when handling ready-to-eat foods and cooked foods directly; packaging materials for ready-to-eat foods and cooked foods must ensure food safety.

5. Raw materials used for preparation, ready-to-eat foods, and cooked foods must have invoices and certificates proving their origin and ensuring safety according to regulations; only permitted food additives listed by the Ministry of Health may be used.

6. Ready-to-eat foods and cooked foods must be stored in glass cabinets or hygienic preservation devices that protect against flies, dust, insects, and harmful animals, and must be at least 60 cm above ground level.

7. The owner of the establishment and those directly engaged in selling ready-to-eat foods and cooked foods must comply with the requirements stipulated in Clauses 1, 2, 3, and 4 of Article 7 of Circular No. 15/2012/TT-BYT dated September 12, 2012, issued by the Ministry of Health, concerning general conditions for ensuring food safety for food production and business establishments.

8. The establishment must have sufficient containers for waste disposal and must transport them daily; wastewater must be collected into public drainage systems and must not cause environmental pollution.

Chapter III

FOOD SAFETY CONDITIONS FOR STREET FOOD BUSINESS

Article 7. Location and Equipment

1. Business operations must be conducted in public areas (bus stations, train stations, airports, tourist sites, festival areas, exhibition areas); food display areas must be separate from pollution sources and must be kept clean without causing environmental pollution.

2. In cases where sales are conducted on mobile means, compartments for storing and preserving ready-to-eat foods and beverages must be designed to ensure hygiene, protecting against dust, rain, sun, flies, and harmful insects.

3. Water used for simple preparation of ready-to-eat foods and beverage mixing must be sufficient and comply with National Technical Regulation (QCVN) No. 01:2009/BYT; water used for preliminary processing of raw materials, tool cleaning, and hand washing must be sufficient and comply with National Technical Regulation (QCVN) No. 02:2009/BYT; there must be sufficient ice made from water complying with National Technical Regulation (QCVN) No. 01:2009/BYT for beverage preparation.

4. Adequate equipment for preparing, storing, and displaying separately raw foods and ready-to-eat foods must be available; there must be sufficient eating utensils and hygienic packaging for containing foods; there must be adequate protective equipment for covering and preserving foods during transportation and sales, ensuring cleanliness throughout; tables and shelves for displaying foods and beverages must be at least 60 cm above ground level.

5. Ready-to-eat foods and beverages must be stored in glass cabinets or hygienic preservation devices that protect against dust, rain, sun, flies, and insect intrusion.

6. Sellers must wear clean and neat uniforms; when handling ready-to-eat foods and beverages directly, they must use single-use gloves.

7. Food ingredients, food additives, packaged and pre-prepared foods must have invoices and certificates proving clear origin and compliance with food safety regulations.

8. Sufficient covered trash bins and bags for collecting and containing waste must be provided and transported to public waste collection points daily; wastewater must be collected and ensured not to cause environmental pollution at the business location.

Article 8. Regarding street food vendors

1. Street food vendors must undergo training and be issued a Certificate of Food Safety Knowledge Training in accordance with the regulations.

2. Street food vendors must undergo health examinations and be issued a Certificate of Health Condition Suitability in accordance with the regulations. The health examination and issuance of the Certificate of Health Condition Suitability shall be carried out by health authorities at the district level and above.

3. Individuals suffering from diseases or conditions listed in the catalogue of infectious diseases that workers are not permitted to come into direct contact with during food production and processing, as prescribed by the Ministry of Health, shall not be allowed to engage in street food vending.

Chapter IV

INSPECTION OF FOOD SERVICE BUSINESSES AND STREET FOOD VENDING

Article 9. Regular Inspection

The Department of Health of provinces and centrally-administered cities and competent authorities have the responsibility to inspect food service businesses and street food vending establishments within their jurisdiction. Frequency of inspection:

1. Not more than two times per year for food service businesses that are granted a Food Safety Facility Certification by units authorized by the provincial/municipal People's Committee.

2. Not more than three times per year for food service businesses that are granted a Food Safety Facility Certification by units authorized by the district/county People's Committee.

3. Not more than four times per year for street food vendors managed by the People's Committee of communes/towns or granted a Food Safety Facility Certification.

Article 10. Spot Inspection

State agencies shall conduct spot inspections if there are violations related to food safety, food safety incidents, or special inspection campaigns directed by higher-level authorities.

Chapter IV

IMPLEMENTING PROVISIONS

Article 11. Effective Date

1. This Circular takes effect from January 20, 2013.

2. The Decision No. 41/2005/QD-BYT dated December 8, 2005 of the Minister of Health on the promulgation of hygiene and safety conditions for food service establishments, services, and catering will be abolished from the date this Circular takes effect.

Article 12. Implementation Organization

1. The National Food Safety Authority is responsible for guiding the implementation of this Circular throughout the country.

2. Provincial/Municipal Departments of Health, Provincial/Municipal Centers for Food Safety and Hygiene have the responsibility to guide the implementation of this Circular and delegate management authority over food service businesses and street food vending establishments to competent authorities within their jurisdiction in accordance with Clause 3, Article 23 of the Government Decree No. 38/2012/NĐ-CP dated April 25, 2012 detailing certain provisions of the Food Safety Law./.