Decision No. 747-TM/KD Issuing the Business Regulations for Popular Food Services and Lodging

 

Pursuant to …;

ISSUING THE REGULATIONS ON POPULAR FOOD AND DRINK SERVICES AND LODGING

THE MINISTER OF TRADE

Pursuant to the Government Decree No. 95/CP dated December 4, 1993 on the functions, tasks, powers, and organizational structure of the Ministry of Trade.
Pursuant to the Government Decree No. 02/CP dated January 5, 1995 on goods and services prohibited from commercial trade and goods and services subject to conditions for commercial trade in the domestic market.
After consultation with the Ministry of Interior, the Ministry of Health, and the General Administration of Tourism.
At the proposal of the Director of the Department of Business Management of the Ministry of Trade.

Pursuant to …;

Article 1: Now hereby promulgates the attached regulations on popular food and drink services and lodging.

Article 2: These regulations shall take effect from the date of signature, all previous provisions contrary to these regulations shall be abolished.

Article 3: These regulations apply to all organizations and individuals engaged in popular food and drink services and lodging under all economic sectors throughout the country. The Directors of the Department of Business Management, the Heads of Market Management Bureaus, and the Directors of Commerce Departments of provinces and cities shall be responsible for guiding and implementing this decision.

 

 

REGULATIONS

POPULAR FOOD AND DRINK SERVICES AND LODGING
(Issued together with Decision No. 747/TM/KD dated September 7, 1995 of the Ministry of Trade)

Chapter 1:

GENERAL PROVISIONS

Article 1: All organizations and individuals, regardless of economic sector, whether Vietnamese or foreigners residing legally in Vietnam, wishing to engage in popular food and drink services and lodging must meet the conditions stipulated in these regulations.

Article 2: In this regulation, the following terms are understood as follows:

2.1. Popular food and drink services: refers to activities using foodstuffs as raw materials with simple techniques and technology to prepare food and drinks at the site to meet the general needs of customers in various forms such as food and drink shops, food and drink stalls (hereinafter referred to as food and drink stalls); Prices should be appropriate to the payment capacity of the majority of the population and mainly carried out by traders below the statutory capital.

2.2. Lodging services: refers to activities renting accommodation to transient guests for specific periods of time (overnight or not overnight) with minimal facilities and equipment; Prices should be appropriate to the payment capacity of the majority of the population and mainly carried out by traders below the statutory capital.

Article 3: The following activities are not within the scope of application of Articles 5 and 8 of these regulations.

3.1. Street vendors selling food and snacks.

3.2. Cafeterias serving food and drink needs for internal staff of agencies, organizations, hospitals, schools, and military forces.

3.3. Selling pre-packaged foodstuffs without on-site production or processing (ready-to-eat items) such as cakes, candies, alcohol, bottled beverages, canned foods, cigarettes...

Article 4: The Ministry of Trade shall perform the state management function over popular food and drink services and lodging nationwide. The Commerce Departments shall perform the state management function over these areas within their respective localities.

Chapter 2:

CONDITIONS FOR PRACTICING THE TRADE AND PROCEDURES FOR ISSUING A CERTIFICATE OF ELIGIBILITY TO ENGAGE IN BUSINESS

Article 5: Individuals practicing popular food and drink services and lodging must meet the following conditions:

5.1. Be a Vietnamese citizen or a foreigner residing legally in Vietnam who is at least 18 years old and has a permanent residence registration.

5.2. Have a fixed business location. The business location must comply with laws and current regulations of the State on hygiene, epidemic prevention, environmental protection, traffic safety, and social order.

It is strictly forbidden to use sidewalks in urban areas for food and drink businesses. The Commerce Departments shall coordinate with relevant departments to specifically identify certain streets that may use part of the sidewalk for business purposes, submit to the People's Committee of the province or city for approval and announcement so that everyone can know and comply.

5.3. Have minimum facilities listed in Appendix 1 (for popular food and drink services) and listed in Appendix 2 (for lodging services).

5.4. Food and drink stalls and lodging places must be well-ventilated, bright, at least 100 meters away from public toilets, garbage dumps, stagnant ponds; at least 100-500 meters away from places producing large amounts of dust, harmful substances, or hospitals that could cause infectious diseases; Must have a clean water supply system and a sanitary waste disposal system.

5.5. Lodging places must have sanitary toilet and bathing facilities sufficient to meet the needs of the number of guests.

5.6. Must be in good health and not suffer from infectious diseases as specified by the Ministry of Health.

5.7. Engaging in lodging services must also meet security and order requirements and be confirmed by the police station where the business is located (as per Article 8).

Article 6: The following persons are not allowed to engage in popular food and drink services and lodging:

6.1. Civil servants, administrative managers working in government agencies and state-owned enterprises, officers on active duty in armed forces; Those holding positions in the administrative machinery at all levels under the election system.

6.2. Persons suffering from one of the diseases listed in Appendix 3.

6.3. Persons engaging in business who have been administratively punished with revocation of business licenses during the validity period of the penalty decision.

Article 7: The following persons are not allowed to engage in lodging services:

7.1. Persons currently under house arrest, undergoing non-custodial re-education, or serving suspended sentences.

7.2. Persons currently under criminal investigation or directly involved in ongoing criminal cases being investigated by competent authorities.

7.3. Persons with prior convictions for offenses against national security or other criminal offenses directly related to the lodging trade. Persons who have prior convictions and have taken advantage of operating lodging services to commit crimes. Persons taking advantage of operating lodging services to host prostitution, drug injection, gambling...

Article 8: Individuals practicing popular food and drink services and lodging must have a certificate of eligibility to engage in business as a basis for applying for or supplementing a business license.

The authority issuing certificates of eligibility to engage in popular food and drink services and lodging is the Commerce Departments of provinces and cities. The procedures for issuing certificates follow the guidelines set forth in Section III.2 of Circular No. 13/TM-CSTTTN dated June 21, 1995 of the Ministry of Trade.

Article 9: The application for a certificate of eligibility to engage in business includes:

9.1. Application for business license (if it is the first time engaging in business); or application to supplement or change the business license (if already engaged in business). The business license application shall be made according to Model M1.GPKD issued together with Circular 07/TM/DL dated May 18, 1992 of the Ministry of Commerce and Tourism (now the Ministry of Commerce).

9.2. Health certificate of the person applying for business and those directly participating in the business.

9.3. Before issuing the certificate of qualification for operating accommodation services, the agency receiving the application must consult with the police authority to determine compliance with security and public order conditions when conducting special business activities as stipulated in Decree No. 17/CP dated December 23, 1992 of the Government; Circular No. 03/BNV dated March 27, 1993 and Decision No. 446/BNV-QĐ dated November 25, 1993 of the Ministry of Home Affairs.

Chapter 3:

MINIMUM REQUIREMENTS TO BE COMPLIED WITH WHEN CONDUCTING BUSINESS

Article 10: Environmental hygiene and safety in business operations.

10.1. Waste and refuse must be placed in covered bins and disposed of daily.

10.2. Measures to prevent rats, flies, mosquitoes, bedbugs must be implemented regularly in accordance with the requirements and guidance of local health authorities.

10.3. For eating and drinking establishments located near dusty roads, appropriate dust prevention measures and equipment must be provided.

10.4. Eating and drinking establishments and accommodation facilities must have minimum fire prevention and firefighting equipment in accordance with regulations set forth by the police authority.

Article 11: Personal hygiene in business operations:

11.1. Persons working in eating and drinking establishments and accommodation facilities must undergo a health check before being hired, and thereafter must be rechecked annually (every twelve months).

11.2. The person responsible for the unit must organize regular health checks for employees. If anyone contracts one of the diseases listed in Appendix 3, they must temporarily stop work until cured or transferred to another job.

11.3. Food preparation and beverage mixing staff must:

- Be familiar with necessary food and food product hygiene requirements.

- Implement hygiene requirements during storage, transportation, processing, and serving customers.

- Adhere to personal hygiene regulations during production and service (as per the Sanitation Regulations - issued together with Decree No. 23-HĐBT dated January 24, 1991 of the Council of Ministers - now the Government).

Article 12: Food hygiene and equipment in eating and drinking establishments:

12.1. Raw materials used in processing must meet nutritional quality standards specified for each type, not be spoiled, damaged, infested with parasites or insects, or contaminated with toxic chemicals.

12.2. It is prohibited to use additives of unknown origin, without labels, or with damaged packaging. Only permitted colorants and additives listed in Appendix 4 may be used (permitted by the Ministry of Health).

12.3. Cooked foods and ready-to-eat foods must be covered and packaged when sold to customers.

12.4. Equipment and utensils for preparing, storing, and preserving food and beverages must comply with hygiene regulations (as per Decision No. 505/QĐ dated April 13, 1992 of the Ministry of Health); they must be washed immediately after use.

12.5. Hygiene regulations must be followed during the processing of vegetables, fruits, and tubers. Food must be prepared on tables, not on the ground.

Article 13: Water used for drinking and food preparation must meet hygiene standards as prescribed by health authorities for clean water.

Article 14: When food poisoning is suspected, all persons present (including the owner and customers) must report immediately to the nearest health authority.

Suspected poisoned food and drinks must be retained for investigation.

In cases of food poisoning at eating and drinking establishments, the owner must cover all medical examination, treatment, and health recovery costs for patients and expenses related to investigating the cause of the poisoning.

Article 15: Accommodation hygiene and safety:

15.1. Sleeping rooms must be cleaned regularly to maintain cleanliness and absence of odor, mold, and pests such as rats, bugs, bedbugs, and other disease-causing insects.

15.2. Guests are not allowed to bring live animals (dogs, cats, chickens, ducks...), fresh or strongly scented food (shrimp paste, fish sauce, dried squid...), explosives, flammable substances, poisons, or weapons into sleeping rooms or cook in them. If guests bring these items, they must be stored and kept safe for the duration of their stay.

Chapter 4:

INSPECTION AND VIOLATION HANDLING

Article 16: The Director of the Business Management Department, the Director of the Market Supervision Bureau under the Ministry of Commerce, the Director of the Commerce Department, and the Chief of the Market Supervision Division shall be responsible for coordinating with relevant agencies to inspect, supervise, and handle violations concerning business licenses (or registration), occupational conditions, and minimum requirements for business operations in accordance with this regulation and applicable laws.

Market management teams shall coordinate with district or county health and police departments to regularly inspect these business operations within their jurisdiction.

Article 17: Handling Violations:

17.1. Organizations and individuals operating ordinary eating and drinking establishments or accommodation facilities who violate the provisions of this regulation will be subject to administrative penalties or criminal prosecution depending on the severity of the violation and its consequences.

17.2. Organizations and individuals who abuse their positions or powers to violate the provisions of this regulation will be subject to administrative penalties or criminal liability under current laws based on the severity of the violation.

 

ANNEX 1

LIST OF MINIMUM EQUIPMENT FOR ORDINARY EATING AND DRINKING ESTABLISHMENTS
(Issued together with Decision No. 747 TM/KD dated September 7, 1995)

1. Preparation stage:

- Bowls, plates, chopsticks.

- Pots, basins (ceramic, aluminum).

- Towels.

- Slicing knives.

- Food display racks (mesh cabinets).

2. Cooking stage:

- Stove (charcoal, wood, rice husks, gas, oil).

- Frying pans.

- Cooking pots.

- Worktables.

- Bowls, plates.

- Washing basins.

- Various types of knives.

- Cutting boards (separate for raw and cooked food).

3. Service stage:

- Dining tables.

- Chairs.

- Bowls, chopsticks, spoons.

- Spice containers.

- Toothpick and chopstick holders.

Note: Specific quantities are calculated based on average customer volume.

 

ANNEX 2

LIST OF MINIMUM EQUIPMENT FOR ACCOMMODATION SERVICES
(Issued together with Decision No. 747 TM/KD dated September 7, 1995)

- Separate male and female sleeping rooms.

- Single and double beds.

- Mattresses.

- Curtains (according to bed size).

- Blankets, quilts (seasonal).

- Lights (oil lamps, battery-powered, candles).

- Pillows (cotton, rattan, bean pod...).

- Washing and bathing basins.

- Bath room, separate male and female toilet rooms.

- Place to keep customers' belongings.

||| Note: The specific quantity is calculated based on the average number of overnight guests.

 

ANNEX 3

||| LIST OF TRANSMISSIBLE DISEASES
(Annexed to Decision No. 747 dated September 7, 1995)

Persons suffering from any of the following transmissible diseases shall not be allowed to work directly handling food or operating public eating establishments and lodging houses.

- Tuberculosis

- Dysentery

- Dengue Fever

- Diarrhea, cholera.

- Boils.

- Involuntary urination, fecal incontinence.

- Viral hepatitis.

- Purulent rhinitis, purulent pharyngitis.

- Skin diseases.

- Dermatological diseases.

- Individuals carrying intestinal pathogenic bacteria.

||| (Excerpt from Food Hygiene Standards)

Decision No. 505/BYT-QĐ dated April 13, 1992 of the Ministry of Health

 

ANNEX 4

||| FOOD COLORANTS PERMITTED FOR USE IN FOOD PROCESSING
(Annexed to Decision No. 747 dated September 7, 1995)

A. ORGANIC COMPOUND COLORANTS:

B. NATURAL AND VEGETABLE COLORANTS:

1. Beta-Carotene (Garcinia)

2. Chlorophyll (Chlorophyll)

3. Curcumin, turmeric (Turmeric)

4. Riboflavin, lactoflavin (Vitamin B2)

5. Caramel (Sugar syrup)

6. Other natural colors from edible fruits and vegetables such as lemon, orange, strawberry, mulberry, plum...

 

LIST

||| FOOD ADDITIVES AND LIMITS FOR PERMITTED USE OF SWEETENERS (NON-CALORIE SUBSTANCES)

When using, the name of the sweetener must be indicated on the label. Registration for permission must be made at the Provincial Health Department when importing, producing, wholesaling, retailing, or using in food processing.

||| (Excerpt from Food Hygiene Standards issued pursuant to Decision No. 505/QĐ dated April 13, 1992 and Supplemental Decision No. 1057/BYT-QĐ dated November 21, 1994 of the Ministry of Health).
of the Ministry of Health).