Circular No. 47/2014/TT-BYT guiding food safety management for food service businesses

CIRCULAR

Guidelines for Food Safety Management for Catering Service Businesses

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Pursuant to the Food Safety Law 2010;

Pursuant to the Law on Legislative Regulatory Documents 2008;

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 guiding food safety management for catering service businesses.

PART I

FILE, PROCEDURES AND GRADING OF LICENSE ISSUANCE

FOOD SAFETY CONDITIONS MET FOR THE BUSINESS

 OPERATING CATERING SERVICES

Article 1. Application for Issuance of the Certificate

The application for issuance of the certificate of food safety conditions met (hereinafter referred to as the Certificate) for catering service businesses (hereinafter referred to as the business) shall be compiled into one set according to Article 36 of the Food Safety Law, including the following documents:

1. Application for issuance of the certificate of food safety conditions met for the business according to Model No. 01 issued together with this Circular.

2. Business registration certificate with registered business activities in catering services (a certified copy from the business).

3. Description of physical facilities, equipment, and utensils ensuring food safety conditions, including:

a) Floor plan of the business premises;

b) Flowchart of food and beverage processing, storage, transportation, and display;

c) List of physical facilities, equipment, and utensils of the business.

4. Confirmation of knowledge about food safety of the business owner and those directly involved in food processing and catering services (a certified copy from the business).

5. List of health examination results of the business owner and those directly involved in food processing and catering services.

6. List of stool culture results for finding cholera, dysentery bacilli, and typhoid bacilli of those directly involved in food processing and catering services in areas where diarrheal diseases are currently circulating, as announced by the Ministry of Health.

Article 2. Procedures for Issuance of the Certificate

1. Examination of the application:

a) Within five working days from the date of receipt of all required documents, the receiving agency must examine the validity of the application and notify the business in writing if the application is invalid;

b) If there is no response or supplementation of the application within sixty days from the date of notification of an invalid application, the receiving agency will cancel the application.

2. Inspection of the business:

a) After completing the examination of a valid application, within ten working days, the competent authority is responsible for inspecting the business. In cases where the inspection of the business is delegated to a subordinate authority, a delegation letter must be issued;

b) Inspection team:

- The inspection team is established by the competent authority issuing the certificate or the delegated authority;

- The inspection team consists of three to five members, at least one to two of whom must be engaged in food safety work;

- The head of the inspection team is responsible for the inspection results.

c) Content of the inspection:

- Cross-checking information and examining the legal validity of the application for the certificate with the original documents kept at the business premises according to regulations;

- Inspecting food safety conditions at the business premises against the application and regulations, and preparing the Inspection Report according to Model No. 02 issued together with this Circular.

3. Issuance of the Certificate:

a) In cases where the business meets food safety conditions as stipulated, the competent authority shall issue the certificate to the business according to Model No. 03 issued together with this Circular. The validity period of the certificate of food safety conditions met for the business is regulated in Clause 1 and 2, Article 37 of the Food Safety Law.

b) In cases where the business does not meet food safety conditions and needs to complete improvements, the report must clearly state the content and time frame for completion but not exceeding fifteen days. The inspection team will organize another inspection when the business submits a confirmation letter stating that it has completed all requirements for food safety conditions as previously inspected by the team. The inspection will be conducted according to the provisions of Clause 2 of this Article.

c) In cases where the business does not meet food safety conditions as stipulated, the competent authority will base on the inspection report to notify the local food safety management agency in writing to supervise and require the business to cease operations until obtaining the certificate. The business must resubmit the application to be considered for issuance of the certificate according to Article 1 of this Circular.

Article 3. Issuance of Replacement Certificate

1. A facility that has been issued a Certificate and is still within its validity period but changes the name of the facility or (and) the owner of the facility or (and) the address but does not change the location and the entire food service process at the facility shall be issued a replacement Certificate.

2. The application dossier for issuance of a replacement Certificate (one set) includes the following documents:

a) Application form for issuance of a replacement Certificate according to Model No. 04 promulgated together with this Circular;

b) The current valid Certificate (original);

c) Business registration certificate or document from the competent authority confirming the change of name or address of the facility (certified copy);

d) Copy of health examination results and Food Safety Knowledge Confirmation Certificate of the new facility owner (in case of change of facility owner), confirmed by the facility.

3. Within seven working days from the date of receiving the application dossier for issuance of a replacement Certificate, the competent authority shall issue a replacement Certificate to the facility; if refusal occurs, the facility must be notified in writing of the reasons for not issuing the replacement Certificate.

Article 4. Revocation of Certificate

1. The Certificate will be revoked in the following cases:

a) Organizations or individuals operating food service businesses do not engage in the registered food service business activities;

b) There is a document from a state agency with authority regarding the conversion of food service business activities at the facility;

c) The food service business facility has had its right to use the Certificate revoked according to the law on administrative penalties in the field of food safety.

2. Authority to revoke:

a) The agency issuing the Certificate has the authority to revoke the issued Certificate;

b) The superior agency with authority has the authority to revoke the Certificate issued by a subordinate agency.

Article 5. Classification of Certificate Issuance

1. The Provincial Food Safety Office under the central city directly under the Central Government is responsible for issuing Certificates to the following facilities:

a) Food service business facilities registered for business by the Ministry of Planning and Investment and the Provincial Department of Planning and Investment under the central city directly under the Central Government;

b) Food service business facilities registered for business by the People's Committee (or authorized agency) of the district, county, town, and provincial city with a business scale of 200 meals per serving or more.

2. The People's Committee (or authorized agency) of the district, county, town, and provincial city directly under the province is responsible for issuing Certificates to food service business facilities registered for business by the People's Committee (or authorized agency) of the district, county, town, and provincial city with a business scale of less than 200 meals per serving.

3. Based on the actual situation and management capacity at the local level, the Health Departments of provinces and central cities directly under the Central Government may adjust the classification of Certificate issuance for food service business facilities as appropriate.

Article 6. Inspection of Facilities

1. Regular inspection of facilities after issuance of the Certificate according to Article 9 of Circular No. 30/2012/TT-BYT dated December 5, 2012, of the Minister of Health on conditions for food safety for food service business facilities and street food vendors (hereinafter referred to as Circular No. 30/2012/TT-BYT).

2. Spot inspection of facilities according to Article 10 of Circular No. 30/2012/TT-BYT.

Chapter II

MANAGEMENT OF FOOD SERVICE FACILITIES WITHOUT BUSINESS REGISTRATION CERTIFICATE

WITHOUT A BUSINESS REGISTRATION CERTIFICATE

Article 7. Business establishments providing food services without a business registration certificate

1. Physical facilities, equipment, and tools must comply with the corresponding food safety assurance conditions as stipulated in Articles 3, 4, and 5 and Clauses 1, 2, 3, 4, 6, and 8 of Article 6 of Circular No. 30/2012/TT-BYT.

2. The owner of the establishment and those directly providing food services must comply with the provisions set out in Clause 1 of Article 3, Clause 1 of Article 4, Clause 1 of Article 5, and Clause 7 of Article 6 of Circular No. 30/2012/TT-BYT; they must also have a Certificate of Food Safety Knowledge as prescribed in Article 13 of this Circular.

3. Before organizing operations and every three years thereafter, the owner of food service establishments must commit to ensuring food safety with the relevant management authority as specified in Article 8 of this Circular using Form No. 05 issued together with this Circular.

Article 8. Hierarchical Management

1. Provincial Centers for Food Safety and Hygiene under centrally governed cities manage establishments with a business scale exceeding 200 meals per serving.

2. People's Committees (or competent authorities) of districts, counties, towns, and centrally governed city districts manage food service establishments with a business scale ranging from 50 to 200 meals per serving.

3. Health Stations of communes, wards, and towns manage food service establishments with a business scale below 50 meals per serving, and street food vendors.

4. Based on actual circumstances and management capacity at the local level, if necessary, Provincial Health Departments under centrally governed cities may adjust the management of food service establishments accordingly.

Article 9. Frequency of Inspections

1. The management agency according to the hierarchical division as stipulated in Article 8 of this Circular is responsible for organizing regular inspections not more than four times per year for establishments as specified in Clauses 1, 2, and 3 of Article 8 of this Circular.

2. State management agencies at all levels conduct surprise inspections if there are violations of food safety, related food safety incidents, or high-priority inspection campaigns based on actual needs and directives from higher-level agencies.

Chapter III

PROCEDURES AND FORMALITIES FOR CONFIRMATION OF KNOWLEDGE ON FOOD SAFETY

CONFIRMATION OF KNOWLEDGE ON FOOD SAFETY

Article 10. Documents for Application for a Certificate of Food Safety Knowledge

1. For organizations:

a) Application form and list of individuals applying for confirmation of food safety knowledge according to Form No. 06 issued together with this Circular;

b) Proof of payment of fees as prescribed by laws on fees and charges.

2. For individuals:

a) Application form for confirmation of food safety knowledge according to Form No. 07 issued together with this Circular;

b) Proof of payment of fees as prescribed by laws on fees and charges.

Article 11. Procedures for Confirmation of Food Safety Knowledge

1. Organizations and individuals submit application documents for a Certificate of Food Safety Knowledge to the competent authority as prescribed in Articles 5 and 8 of this Circular or units and organizations assigned by the Ministry of Health (Food Safety Agency) or Provincial Health Departments (Provincial Centers for Food Safety and Hygiene) under centrally governed cities to confirm food safety knowledge.

2. Within ten working days from receipt of complete and valid documents, the receiving agency will develop a plan to test food safety knowledge and notify the organization or individual concerned.

3. Testing of food safety knowledge is conducted through a set of questions assessing general and specialized food safety knowledge as prescribed.

4. A Certificate of Food Safety Knowledge is issued to those who answer correctly at least 80% of the questions in each section of the general and specialized knowledge questions. Within three working days from the date of testing, the competent authority as stipulated in Clause 1 of this Article is responsible for issuing the Certificate of Food Safety Knowledge according to Form No. 08 (for groups) or Form No. 09 (for individuals) issued together with this Circular.

5. Individuals confirmed to have food safety knowledge must pay the fee for issuance of the Certificate of Food Safety Knowledge as prescribed by law.

Article 12. Content of the Document and Validity of the Food Safety Knowledge Confirmation Certificate

1. The content of the food safety knowledge document and the set of questions to assess food safety knowledge for the owner of the business establishment and those directly operating food service businesses shall be issued by the Food Safety Administration under the Ministry of Health.

2. The Food Safety Knowledge Confirmation Certificate shall be valid for three years from the date of issuance; individuals who have been issued the Food Safety Knowledge Confirmation Certificate will be recognized when working at another food service business establishment.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Effective Date

1. This Circular takes effect from February 15, 2015.

2. A food service business establishment that has been granted a Food Hygiene and Safety Condition Certification or a Food Safety Condition Certification must apply for a Food Safety Condition Certification according to the provisions of this Circular within three years from the date of issuance.

3. A food service establishment without a Business Registration Certificate that has been granted a Food Hygiene and Safety Condition Certification or a Food Safety Condition Certification must comply with the food safety commitment with the competent authority according to the provisions of this Circular within three years from the date of issuance.

4. A food service operator who has been granted a Food Hygiene and Safety Training Certification or a Food Safety Training Confirmation Certificate must apply for a Food Safety Knowledge Confirmation Certificate according to the provisions of this Circular before the expiration of three months from the date of issuance.

Article 14. Implementation Organization

1. The Food Safety Administration under the Ministry of Health shall be responsible for guiding and implementing this Circular nationwide.

2. Provincial Departments of Health, municipal departments of health under the central government, and people's committees at all levels shall be responsible for implementing this Circular within their jurisdiction./.