In order for an establishment of a small-scale food service, the owner must meet the requirements for a statutory license. Depending on the model and size, each facility may have additional specific license conditions. The following article will provide an overview of the required licenses.
Contents
I. Enterprise registration certificate
One of the requirements for a catering establishment is a business license. The specific type of business will rely on the needs of the owner. There are 6 optimal options including sole proprietorships, partnership company, single-member limited liability company, multi-member limited liability company, joint stock company, and household businesses.
Pursuant to Law on Enterprise and Decree No. 01/2021/ND-CP, each different type, dossier may be different. Basically, the application file will include the Certificate of the establishment of the enterprise/household business, the Charter (not applicable to business households), a List of members (for many members), Personal legal documents, Power of attorney (if any) and some other documents at the request of state agencies (if any).
The time limit for settlement: Less than 5 working days from the date of duly receipt.
Authority agencies: Business office – Department of Planning and Investment where the business site locates.
II. Certificate of satisfaction of food safety conditions
In accordance with clause 10 Article 5 Law on Food Safety, one of the prohibited acts when producing and trading food is not having a certificate of satisfaction of food safety conditions in accordance with the law.
However, according to the provisions of clause 10 Article 3 and point d clause 1 Article 12 of Decree 15/2018/ND-CP, it is mentioned that a small-scale food business establishment is not requested for a Food Safety License. In detail, a small-scale food business establishment is an establishment that is registered as a household business by individuals, groups of individuals, or households and is not granted an enterprise registration certificate or a business registration certificate or an investment certificate as prescribed by law. Because they are not required to be granted a certificate of food safety and hygiene, small-scale business establishments only have to ensure food safety and hygiene conditions. According to Article 22 of the Law on Food Safety 2010, these conditions include:
“a. Ensuring safe distance from toxic and contaminating sources;
b. Having sufficient technically qualified water for food production and trading;
c. Having appropriate equipment for food production and trading that neither harm nor contaminate food;
d. Using materials, chemicals, food additives, processing aids, food-packaging tools, and food packages and containers in preliminary processing, processing, and preservation of food;
đ. Complying with regulations on health, knowledge, and practices of persons directly engaged in food production and trading;
e. Collect and treat waste in accordance with the law on environmental protection;
h. Maintaining food safety assurance conditions and storing trading-related information to ensure the tracing of food origin”.
III. Other sub-licenses
Depending on the level of discharge and the area of the premises, the small food and beverage business may have to meet the conditions of environmental registration or environmental permits.
Depending on the size or height of the facility, a building permit may be required.
Depending on the structure or size, your service business may need to obtain a Fire Protection Certificate from the Ward Police.
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Establishing a small-scale food service.
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