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Procedures for registration of establishment of a F&B business

25/07/2022


REGISTRATION PROCEDURE ESTABLISHMENT

 OF A F& B BUSINESS

Thủ tục đăng ký thành lập doanh nghiệp ăn uống

Procedures for registration of establishment of a F&B business (illustration).

According to the current trend in the world and in Vietnam, service industry is increasing and developing strongly, especially F&B industry. So when setting up a food company or a food and beverage business, what points should business pay attention to? Let's have a look in the below article:

OUTLINES

1. Overview of the food service industry.

2. Dossier and procedures for registration of establishment of a catering company.

3. Procedures for applying for a food business license.

4. Conditions for applying for a catering business license.

5. Dossier of application for a license to satisfy food hygiene and safety conditions.

6. Procedure for granting a license to satisfy food hygiene and safety conditions 

7. FAQs 

Legal basis

- Enterprise Law 2014

- Decree 78/2015/ND-CP

- Law on Food Safety 2010

- Decree 15/2018/ND-CP

1. Overview of the food service industry:

  • In today's life, when people's living standards are higher and higher, the culture of enjoying food will also become richer than ever. Therefore, restaurants and banqueting restaurants are becoming closer and closer to the people. With a current population of 93 million people, Vietnam has become a very dynamic market for catering services.

2. Dossier and procedures for registration of establishment of a catering company:

  • In order to set up a catering business, individuals and organizations must prepare an enterprise registration dossier and apply for a company establishment license.Specific records, including:
  • Notarized or authenticated copy: valid ID/Chip-based citizen card/Passport for individuals. For legal entities, it will include: certificate of company registration, decision on establishment of a company or attestation documents proving the equivalent legal status, together with valid ID/Chip-based citizen card/Passport of the business representative.
  • List of shareholders owning shares or contributing capital to the establishment of a catering company.
  • Charter of the catering company
  • Application form for business registration license.
  • After the above documents being prepared, the enterprise proceeds to bring the dossier to the Investment Registration Office of the Department of Planning and Investment where the enterprise is located to submit the dossier. Normally, businesses will be granted a license from 3-5 days after submitting a valid application.

3. Procedures for applying for a food business license:

  • Procedures for applying for a food business license: Food service business license is a certificate issued by the Ministry of Health to an enterprise or individual trading in food and drink, this is to facilitate food and beverage business under the model of a household business or a company model, ensuring conditions in the field of food safety, hygiene and safety (Also known as the certificate of food hygiene and safety).

More article: Things to know before setting up a company.

4. Conditions for applying for a food service license:

  • Business location, business and production environment;
  • Source of water for food processing and ice;
  • Food processing equipment and utensils;
  • For ready food, it must be kept in glass cabinets and classified food to avoid cross-contamination between foods;
  • Food vendors must wear clean, neat clothes and must use gloves;
  • Trash cans must have lids;
  • Raw materials for food processing have clear origin;
  • Sufficient tools and equipment containing waste water must have lids;
  • Food traders must have a certificate of food safety;
  • People who process and serve street food must have a health certificate.

5. Dossier of application for a license to satisfy food hygiene and safety conditions:

 Hồ sơ đề nghị cấp giấy phép đủ điều kiện vệ sinh an toàn thực phẩm

Dossier of application for a license to satisfy food hygiene and safety conditions

(illustration image).

  • Dossier to apply for a certificate of food safety eligibility, specifically:
  • An application for a certificate of eligibility for food safety
  • Notarized or authenticated copy of business registration certificate (specifying the product line of business)
  • An explanation of the facilities, equipment and tools to ensure food hygiene and safety conditions
  • Certificate of fitness for the owner of the establishment and the person directly trading and producing food must have a certificate of full health, issued by a district-level health facility or higher.
  • Certificate of training in food safety and hygiene knowledge of the establishment owner and the person directly producing and trading food according to the regulations of the Minister of industry management. 
  • In case, an enterprise trading in food is a health food, to make an application to be granted a Certificate of eligibility for food safety meeting the requirements of Good Manufacturing Practice (GMP) of health food, it is necessary to ensure the following documents:
  • An application for a certificate of a facility meeting all food safety conditions and meeting the requirements of good practice (GMP) for health food
  • Diagram of production layout and production line (the diagram must be certified by individuals and organizations)
  • List of main equipment used at business establishments (certified by individuals or organizations).

More article: What is the company's charter capital? Cases of increase or decrease in charter capital of the company..

6.  Procedure for granting a license to meet food hygiene and safety conditions for food service:

  • Step 1: Individuals and organizations doing business and producing food prepare dossiers and apply for a certificate of food safety at the Sub-Department of Food Safety and Hygiene or at the Department of Food Safety and Hygiene where the business owner operates.
  • Step 2: After checking the valid dossier, the Sub-department of Food Safety and Hygiene or the Department of Food Safety and Hygiene will conduct the appraisal of the establishment. The results of the appraisal of the basis dossiers will be recorded in the minutes of establishment appraisal.
  • Step 3: Within 15 days since the date of receipt of complete and valid dossiers, competent state agencies will physically inspect conditions for ensuring food hygiene and safety at food production and trading establishments. If the conditions are legally qualified, the competent authority will issue a certificate of food safety. In case of refusal to issue a food safety certificate, a written reply must be given clearly stating the reason for refusal to issue the certificate.
  • Step 4: In case the appraisal result is not satisfactory, in the appraisal minutes, the competent authority must clearly state the time limit for re-appraisal (maximum 03 months).If the re-appraisal results are still unsatis factory, the appraisal team will make a minutes and propose to the competent agency to suspend the business operation of the establishment.

7. FAQs

  • What is a food service business?
  • Food service business is a business activity providing food service at a location such as a hotel, aircraft, cruise ship, park, film studio, entertainment venue or event venue, etc.
  • Which agency has the authority to issue a license to provide food services and restaurants?
  • The Sub-department of Food Safety and Hygiene or the Department of Food Safety and Hygiene is competent in granting a license to provide food and beverage services and restaurants.
  • Which company provides the service of applying for a prestigious and quality restaurant and food service business license?
  • Thinh Tri Law Firm with a team of highly qualified and experienced professionals in applying for a reputable, fast and quality food service and restaurant business license cost effectively.

Explore more:

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Should I set up a private enterprise or a business household?

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