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CONDITIONS FOR BUSINESS IN THE LOTTERY INDUSTRY

I. What is the lottery business?

According to the provisions of Clause 1, Article 2 of Decree 30/2007/ND-CP, lottery business lines are:

Lottery business means business activities based on events with random results, which are organized on the principle that a lottery business enterprise collects customers money for participation in winning prizes and pays prizes to prizewinners.

II. Principles of lottery business

According to the provisions of Article 3 of Decree 30/2007/ND-CP, amended by Clause 1, Article 1 of Decree 78/2012/ND-CP as follows:

1. Lottery business is a conditional business, subject to strict control by competent state agencies to ensure that it meets the entertainment needs of a group of people with legitimate income and ensures security, order and social safety. Only enterprises that have been granted a certificate of eligibility for lottery business by a competent state agency are allowed to organize lottery business activities.

​2. Lottery business shall be conducted in a transparent, objective and honest manner, and ensure protection of the rights and interests of involved parties.

Conditions for doing lottery business - HTlaw

III. Conditions for doing lottery business

According to the provisions of Article 23 of Decree 30/2007/ND-CP, amended by Clause 1, Article 23 of Decree 78/2012/ND-CP as follows:

To participate in lottery business activities, businesses need a Certificate of eligibility for lottery service business. Conditions to be granted a Certificate are:

1. Lottery business enterprises are one-member limited liability companies in which the State owns 100% capital.

2. Construction lottery companies which are operating after the state company model shall carry out procedures for transformation into one-member limited liability companies in accordance with the Enterprise Law and its guiding documents

3. The organization and operation model of a lottery enterprise must comply with the model of the President, General Director (Director), and controllers, or the President cum General Director (Director) and controllers.

4. The conditions and standards of the President, General Director (Director) and controllers of the lottery enterprise must comply with the Law on Enterprise and relevant legal documents.

5. Lottery businesses are operating under the Board of Members model and continue to do so until the end of their term. The application of the operating model and management organizational structure of the enterprise in the next term shall be carried out in accordance with the provisions of this Decree.

According to the provisions of Clause 1, Article 39 of Circular 75/2013/TT-BTC, the application for a certificate of eligibility for lottery business includes:

​ 1. Dossier applying for grant of Certificate of eligibility for lottery business:

a. Written request for grant of Certificate of business eligibility of lottery company, in which clearly states types of product requesting for being permitted to business;

b. Opinions of owner about grant of Certificate of business eligibility;

c. Plan on organizing business operation of lottery company;

d. Decision to establish an enterprise (authenticated copy);

đ. Enterprise registration certificate (authenticated copy);

e. Operational charter of lottery companies that are approved by owners (copy);

g. The audited financial statement of lottery company in the last year.

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for Applying for a business license

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Procedures for applying for a construction permit for enterprises.

1. Conditions for granting construction permits

The works that the enterprise builds must conform to the construction master plan and detailed master plan approved by the agency, in addition to meeting the approved architectural and urban design planning (for areas where there is no detailed planning on construction activities).

The work must conform to the land use planning approved by the competent authority. When carrying out construction, enterprises must have documents proving the lawful use of the construction site such as lease contracts or land use right certificates.

Enterprises must have plans to ensure the safety of construction works and adjacent works. Ensure the requirements of environmental protection, fire protection, technical safety, dikes, energy, traffic and ensure safe distances as prescribed by law.

Construction works must have detailed designs of construction, which have been approved and appraised in accordance with law.

Other conditions depend on the type of construction.

Procedures for applying for construction permits for businesses - htlaw

2. Procedures for granting construction permits to enterprises

2.1. Licensing documents

For each type of new construction, the application for a permit is different, including:

A dossier of permit for construction of individual houses includes:

– An application for a construction permit according to the form.

– Documents proving the legal right to use the construction site (valid copy).

– Drawings of construction design.

– Commitment to ensuring safety for adjacent works, ensuring environmental safety …

A dossier of permit for construction of non-linear works includes:

– Application for construction permit.

– Documents proving legal land use rights.

– Decision approving the construction project (copy).

– Drawings of construction design.

– Documents proving, declaring capacity and experience for the project design leader with practicing certificates.

A dossier of permit for construction of a line work includes documents such as a non-linear work, in addition to the following documents:

– Written approval on the suitability of the route location of the project.

– Land acquisition decisions of competent agencies.

For other construction works, additional records shall be made according to the characteristics of such works.

2.2. Construction licensing agency

Agencies competent to grant construction permits include:

– For special level works, they will be licensed by the Ministry of Construction.

– For works of grade I, II, works on historical and religious relics, belonging to foreign-invested projects… it will be licensed by the provincial People’s Committee.

Provincial-level People’s Committees may delegate to Departments of Construction, industrial parks, economic zone and export processing zone management boards for licensing within their competence.

– For housing works and relics under their management, construction permits shall be granted by the district-level People’s Committee.

2.3. Order of Licensing

– Enterprises shall submit dossiers to licensing authorities.

– Within 07 days from the date of receipt of the dossier, the licensing agency must appraise the dossier and organize field inspection.

– Based on the nature and type of construction work, the construction licensing agency shall compare the licensing conditions and send documents to collect opinions of state management agencies on relevant fields.

– The consulted agency shall respond in writing to the licensing authority within 12 days from the date of receipt of the written comment.

– When satisfying the conditions and collecting opinions of specialized agencies, within 30 days, the competent agency shall issue a construction permit to the enterprise.

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance with Procedures for applying for construction permits.

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PROCEDURES FOR APPLYING A FIRE PREVENTION LICENSE FOR A RESTAURANT

I. What is a Fire Protection License?

Fire protection license (abbreviated as PCCC) is a certificate of fire protection design approval. This is a legal document proving that the grantee has met fire protection conditions according to the provisions of the law.

Fire protection license is one of the popular and mandatory sub-licenses when individuals and business organizations have fire prevention and fighting requirements.

II. What is the purpose of applying for a Fire Protection License?

Applying for a fire protection certificate helps businesses, organizations, and individuals ensure the safety of fire prevention and fighting activities, helps minimize the risks of fire and explosion, and increases the ability to handle unexpected problems. suspect, extinguish the fire quickly, thereby minimizing damage to people and property.

Procedures for applying for a fire prevention and fighting license - htlaw

III. Documents and Procedures for applying for a fire protection license

a) Document components:

– Copy of business registration certificate;

– Application for issuance of certificate of eligibility for fire prevention and fighting;

– Copy of fire protection approval certificate and fire prevention acceptance document;

– List of employees trained in fire prevention and fighting;

– Statistics table of fire prevention and fighting equipment;

– Fire-fighting plan

b) Procedures:

Step 1: Submit an application for a Fire Prevention and Fighting License

Accordingly, depending on the case of applying for a fire prevention and fighting license, the licensing agency is regulated as follows:

– The Department of Fire Prevention, Fighting and Rescue under the Ministry of Public Security will issue fire prevention and fighting licenses for cases approved and accepted by the Department regarding fire prevention and fighting.

– The Fire Prevention, Fighting, and Rescue Police Department of the Provincial Police will issue fire prevention and fighting licenses for authorized cases.

Step 2: The receiving officer checks the dossier’s validity according to the law’s provisions.

The competent authority will receive the application, check the composition and validity of the application, and comply with regulations.

Step 3: Receive results of Fire Prevention and Fighting License

Based on the appointment date on the application receipt, individuals and organizations go to the place to submit the application to receive the results.

The time limit for processing procedures for applying for a fire protection license is from 5 – 15 working days, calculated from the date of receipt of all valid documents; In case the license is not granted, there will be a written response clearly stating the reason.

Note:

Fire protection license is valid for 3 years from the date of issue. Therefore, businesses and individuals need to pay attention to the time it takes to re-apply for a new license so as not to affect business operations.

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance with Fire prevention license.

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PROCEDURES FOR EXPANDING FOREIGN INVESTMENT REGISTRATION CERTIFICATE

I. Legal provisions on investment registration certificates

IRC stands for the phrase Investment Registration Certificate, in the field of investment in Vietnam, this phrase means Investment Registration Certificate.

According to the provisions of Clause 3, Article 11 of the Investment Law 2020, the investment registration certificate is:

“Investment registration certificate” means a physical or electronic document bearing information registered by an investor about an investment project.

II. Cases of carrying out procedures for issuance of investment registration certificates

According to the provisions of Clauses 1 and 2, Article 37 of the Law on Investment 2020, the cases that must and are not required to carry out the procedures for granting an investment registration certificate are:

1. The investment registration certificate is required in the following cases:

a) Investment projects of foreign investors;

b) Investment projects of the business organizations mentioned in Clause 1 Article 23 of this Law.

2. Cases in which the investment registration certificate is not required:

a) Investment projects of domestic investors;

b) Investment projects of the business organizations mentioned in Clause 2 Article 23 of this Law;

c) Investment in the form of capital contribution, purchase of shares or stakes in a business organization;

Procedures for renewal of investment registration certificates of foreign investors - htlaw

III. Term of Investment Certificate

The term of the Investment Certificate is the operational term of the investment project. The term of the Investment Certificate shall be considered and decided by the Investment Certificate Authority based on the objectives, scale, location and operational requirements of the investment project. Accordingly, the maximum term of an Investment Certificate is specified in Article 44 of the Investment Law 2020 as follows:

+ The duration of operation of an investment project in an economic zone must not exceed 70 years.

+ The duration of operation of investment projects outside economic zones must not exceed 50 years.

+ Investment projects implemented in areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions or investment projects with large investment capital but slow capital recovery. the operation term of the investment project may be longer but must not exceed 70 years.

IV. Procedures for renewal of Investment Registration Certificate

Deadline for submission of extension:

The time to extend the Investment Registration Certificate is before the expiration of the license period, about 3-5 months, the foreign investor needs to carry out the procedures for renewing the investment registration certificate. also extended the duration of the project.

Profile composition:

– A written request for an extension of the operation term of the investment project;

– Decision approving the investment policy;

– Certificate of investment registration;

– Decision on investor approval or papers of equivalent legal value;

– Certificate of land use right or papers of equivalent legal value;

– Documents proving the investor’s financial capacity, including one of the following documents: financial statements of the last 2 years of the investor; commitment to financial support of the parent company;

– Commitment to financial support of financial institutions;

– Guarantee on the financial capacity of the investor;

– Other documents proving the investor’s financial capacity.

Sequence:

Step 1: Prepare documents: Dossier made in Vietnamese or Vietnamese and English (Documents in foreign languages: must be translated into Vietnamese and notarized).

Step 2: Submit your application:

For investment projects with approved investment policies: Investors submit dossiers to one of the following two agencies:

+ The Ministry of Planning and Investment in case the National Assembly or the Prime Minister is the agency approving the project investment policy;

+ The agency that has issued the investment certificate in case the provincial People’s Committee approves the investment policy.

For an investment project that has been granted an Investment Certificate and is not subject to investment policy approval: The investor shall submit a project extension dossier to the agency that has issued the previous Investment Certificate.

Step 3: Settlement of records:

The competent authority will review and process the application.

To save time on researching procedures, filling out forms, notarizing documents, and waiting for submission, you can contact HT for consultation and assistance with Investment registration certificate.

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PROCEDURES FOR RESULT OF DAMAGED INVESTMENT REGISTRATION LICENSE

I. Legal basis

Pursuant to Article 41 of Decree 31/2021/ND-CP, the procedures for re-issuance and correction of information on the Investment Registration Certificate are prescribed as follows:

“1. In case the investment registration certificate is lost or damaged, the investor shall submit a written request for re-issuance of the investment registration certificate to the investment registration agency for re-issuance within 05 days working days from the date the investment registration agency receives the written request.”

Procedures for result of damaged investment registration license - htlaw.vn

II. Implementation process

Pursuant to Article 41 of Decree 31/2021/ND-CP, the process for re-issuance of the Investment Registration Certificate is prescribed as follows:

First: Regarding the application for re-issuance of the Investment Registration Certificate:

– A written request for re-issuance of the Investment Registration Certificate. (Form A.I.17)

– Old IRC photo (if any)

– Power of attorney for individuals + personal papers to act on behalf of the investor (if any)

Second: About the order of execution:

– Step 1: The investor submits a written request for re-issuance of the Investment Registration Certificate to the investment registration agency (Department of Planning and Investment).

– Step 2:

Within 05 days from the date of receiving the investor’s request for re-issuance of the Investment Registration Certificate. The Investment Registration Authority (Department of Planning and Investment) shall re-issue the Investment Registration Certificate. while receiving the investor’s written request.

Third: About the form of implementation:

Submit the application for re-issuance of the Investment Registration Certificate directly at the headquarters of the state administrative agency or send it by post.

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CAN FOREIGN INVESTORS DO E-COMMERCE BUSINESS?

Can foreign investors do e-commerce business?- htlaw.vn

I. The concept of e-commerce operations

According to the provisions of Clause 1, Article 3 of Decree 52/2013/ND-CP dated 16/05/2013, E-commerce activities are the conduct of part or the whole process of commercial activities by electronic means connected to the Internet, mobile telecommunications networks, or other open networks.

Moreover, according to the provisions of Decree 09/2018/ND-CP dated 15/01/2018 on guiding the Commercial Law:

Foreign investors are allowed to participate in e-commerce activities including:

– Foreign individuals residing in Vietnam.

– Foreign traders and organizations have a presence in Vietnam through investment activities, setting up branches, representative offices, or setting up websites under Vietnamese domain names.

Thus, according to the above regulations, foreign investors in the form of individuals or commercial economic organizations are entitled to do business in e-commerce services in Vietnam

II. Conditions for doing e-commerce business

According to the provisions of the Investment Law 2020, e-commerce business lines are conditional industries. Specifically, for foreign investors to do e-commerce business, it is necessary to meet the following conditions:

For each type of e-commerce business, enterprises will have certain conditions, types of e-commerce activities of entrepreneurs:

– E-commerce website for sales.

– Websites providing e-commerce services include the following types:

            + E-commerce trading platform.

            + Online auction website.

            + Other types of websites prescribed by the Ministry of Industry and Trade.

With applications installed on electronic devices with network connection that allow users to access databases of other traders, organizations, and individuals to buy and sell goods, supply or use services, depending on the features of that application, traders, organizations must comply with regulations on e-commerce websites for sale or websites providing e-commerce services in Decree 52/2013/ND-CP.

Accordingly, traders and individuals operating e-commerce business need to comply with the following principles:

1. Principles of freedom and voluntary agreement in e-commerce transactions

Entities participating in e-commerce activities have the right to freely negotiate not contrary to the provisions of law to establish the rights and obligations of each party in the transaction. This agreement is the basis for resolving disputes arising during the transaction.

2. Principles for determining the scope of business activities in e-commerce

If traders, organizations, and individuals conducting activities of selling goods, providing services and promoting trade on e-commerce websites do not specify the geographical limitations of these activities, such business activities shall be considered to be conducted nationwide

3. Principles for defining obligations to protect consumers’ interests in e-commerce activities

a) Owners of e-commerce websites selling goods and sellers on websites providing e-commerce services must comply with the provisions of the Law on Protection of Consumers’ Interests when providing goods and/or services to customers.

b) Customers on websites providing e-commerce services are consumers of e-commerce services and consumers of goods and services provided by sellers on this website.

c/ Where traders or organizations providing e-commerce services provide information on goods and/or services of sellers to consumers on e-commerce websites, such traders or organizations shall be third parties in providing information in accordance with the law on protection of consumers’ interests.

4. Principles of trading in goods and services restricted from trading, conditional business, conditional business lines, and lines of investment through e-commerce.

E-commerce activities for goods and services restricted from trading, conditional business, conditional business lines, and industries must comply with relevant legal provisions.

Entities applying e-commerce to trade in goods and/or services restricted from trading or conditional business goods and services must comply with legal provisions related to the trading of such goods and/or services.

       To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Investment Law. 

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    • Phone number: +84 935 439 454
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CASE REQUIRED IMPORT AND EXPORT LICENSE FOR FOREIGN INVESTORS

I. What is an import and export license?

In accordance with the current law, the concept of an import and export license is not defined. According to the Commercial Law 2005, the Foreign Trade Management Law 2017 and related legal documents, it can be understood: An import and export license is a document issued by a competent state agency, allowing enterprises to import and export domestic or foreign goods in and out of customs border gates for commercial purposes lawfully and comply with the provisions of the law.

Case required import and export license for foreign investors- htlaw.vn

II. How does the law regulate the export and import of foreign investors?

According to the provisions of Clause 2, Article 3, Article 4, Decree 69/2018/ND-CP stipulating export and import procedures for foreign-invested economic organizations or foreign investors as follows:

“Foreign-invested economic organizations and branches of foreign traders in Vietnam, when conducting export and import activities governed by this Decree, must comply with Vietnam’s commitments in treaties to which the Socialist Republic of Vietnam is a contracting party, The list of goods and the roadmap shall be announced by the Ministry of Industry and Trade and at the same time implement the provisions of this Decree and other relevant laws.”

“1. Regarding goods exported or imported under licenses, traders exporting or importing must obtain permits from concerned ministries or ministerial-level agencies.

 2. Regarding goods exported or imported under conditions, exporting, and importing traders must satisfy conditions prescribed by law.

For goods on the list of exported and imported goods subject to inspection according to the provisions of Article 65 of the Law on Foreign Trade Management, traders exporting and importing goods shall be subject to inspection by competent agencies in accordance with law.

  1. For goods other than those specified in Clauses 1, 2 and 3 of this Article, traders shall only have to settle export and import procedures at customs offices.”

Therefore, an export license is a document issued by a competent agency to an individual or organization that satisfies the conditions for exporting goods as prescribed by law depending on the list of goods that foreign investors or foreign-invested economic organizations want to do business.

Goods exported and imported under licenses, according to conditions, promulgating the List of goods exported and imported under licenses and conditions in Appendix III of Decree 69/2018/ND-CP

III. Some imported and exported goods require permits

List of goods exported and imported under licenses under the management of the Ministry of Industry and Trade

STT

Exported goods

Form of management

1

Industrial precursors.

Export license.

2

Explosive precursors, industrial explosive materials.

Export license.

3

Types of goods exported according to quotas set by foreign countries.

(The Ministry of Industry and Trade announces in accordance with Vietnam’s international agreements or commitments with foreign countries).

Export license.

4

Goods subject to export control in accordance with the provisions of international treaties to which Vietnam is a contracting party, announced by the Ministry of Industry and Trade for each period.

Export license.

5

Goods subject to automatic export license issuance: The Ministry of Industry and Trade shall announce the list of goods subject to automatic export license issuance regime for each period and licensing organizations according to current regulations on licensing.

Automatic export license.

 

Imported goods

Form of management

1

Goods subject to import control in accordance with the provisions of treaties to which Vietnam is a contracting party shall be announced by the Ministry of Industry and Trade for each period.

Import license.

2

Goods subject to automatic import license issuance: The Ministry of Industry and Trade shall announce the list of goods subject to the automatic import license regime for each period and the licensing organization according to current regulations on licensing.

Automatic import license

3

Goods subject to tariff quota regime:

a) Salt.

b/ Raw tobacco.

c) Poultry eggs.

d) Refined sugar, raw sugar.

Import license

4

Industrial precursors.

Import license

       To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Investment Law. 

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SETTING UP A SMALL-SCALE FOOD SERVICE IN VIETNAM

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.

Setting up a small-scale food service in Vietnam - htlaw.vn

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.

 

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WHICH ENTITIES NEED TO HAVE THE ENVIRONMENTAL LICENSE?

I. Definition of environmental license

Under clause 8 Article 3 Law on Environmental Protection, an environmental license means a document issued by a competent authority to an organization or individual (hereinafter referred to as “entity”) involved in business activities, permitting such organization or individual to discharge waste into the environment and manage waste and scrap imported from foreign countries as production materials by environmental protection requirements as prescribed by prevailing law.

Which entities need to have the environmental license? - htlaw.vn

II. Entities shall apply for an environmental license

Under Article 39 Law on Environmental Protection, two entities shall apply for an environmental license:

– Entities 1: Investment projects of Group I, Group II, and Group III generate and discharge wastewater, dust, and exhaust gas into the environment which must be treated or generate hazardous waste, which must be managed by regulations on environmental protection before officially operating.

The above subjects that fall into the case of urgent public investment projects by the law on public investment are exempt from environmental permits.

– Entities 2: Investment projects, establishments, concentrated production, business and service zones, and industrial clusters operated before January 1, 2022, with the same environmental criteria as object 1.

III. Time limit of environmental license

Under clause 4 of Article 40 of Law on Environmental 2020, the time limit of environmental license relies on the entities. Specifically:

– 07 years, regarding group I investment projects;

– 07 years, regarding businesses, dedicated areas for production, business operation, and service provision, and industrial clusters operating before the effective date of this Law and applying environmental criteria as Group I investment projects;

– 10 years, regarding the license holders not mentioned in Points a and b of this Clause;

– The validity period may be shorter than that specified in Points A, b, and c of this Clause at the request of the investment project owners, businesses, and investors in the construction and commercial operation of infrastructure in dedicated areas for production, business operation, and service provision and industrial clusters (hereinafter collectively referred to as “investment project/business owners”).

IV. Dossiers, and procedures for granting an environmental license

Under the provisions of Article 43 of the Law on Environmental Protection 2020 and Article 29 of Decree 08/2022/ND-CP govern in detail several articles of the Law on Environmental Protection:

a) An application file for an environmental license includes:

– A written request for an environmental permit.

– Report on the proposal for an environmental license.

– Other legal and technical documents of investment projects, facilities, production, business, service centers, and industrial clusters.

b) Orders and procedures for an environmental license

– Owners of investment projects and establishments shall send dossiers of applications for environmental licenses to competent agencies specified in Article 41 of this Law. Dossiers are sent in person or by post or electronically through the online public service system;

– The competent agency issuing an environmental license is responsible for organizing the receipt and checking the validity of the dossier; publicizing the contents of the report on the proposal for the grant of an environmental permit, except for information classified as state secret or enterprise secret as prescribed by law; consult with relevant agencies, organizations, and individuals; actual inspection of information on investment projects, establishments, concentrated production, business and service zones, and industrial clusters; organize the assessment and grant of environmental permits.

The procedure of handling administrative dossiers and announcing results is carried out in person, by post, or sent electronically through the online public service system at the request of the investment project owner;

– In case an investment project, establishment, concentrated production, business and service zone, or industrial cluster discharges wastewater into irrigation works, the environmental permit-granting agency must obtain opinions by documents and obtain the consent of the state agency managing the irrigation works before granting the environmental permit;

– In case of investment projects, establishments located in concentrated production, business and service zones, or industrial clusters, the environmental licensing agency must obtain written opinions from the construction and business investors trading in the infrastructure of such concentrated production, business, and service zones or industrial clusters before the issuance of environmental license.

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IS ENVIRONMENTAL REGISTRATION COMPULSORY WHEN DOING RESTAURANT BUSINESS?

I. What is environment registration?

Pursuant to clause 9 Article 3 Law on Environmental Protection, “Environmental registration” means a business investment project owner or business owner registering with a regulatory body about waste discharge-related contents and environmental protection measures of such business investment project owner or business owner.

Is environmental registration compulsory when doing restaurant business? - htlaw.vn

II. Cases in which environmental registration is demanded or exempted

In accordance with Appendix XVI of Decree 08/2022/ND-CP, restaurant services with an area of ​​less than 200m2 are not required to carry out environmental registration procedures. In addition, pursuant to Clause 2 Article 32 of Decree 08/2022/ND-CP, restaurant services that do not generate waste or only generate domestic solid waste of less than 300 kg/day are managed by regulations of the local government; or generating less than 05m3/day of waste water, less than 50m3/hour of waste gas, shall be treated by on-site equipment or managed according to regulations of local authorities. Thus, not every restaurant with an area larger than 200 square meters is required to register.

Moreover, in the process of production, if the unit generates excess waste, it is requested to register or apply for an environmental permit. If environmental permit is not compulsory, the registration procedure is mandatory.

Cases requiring an environmental permit include business cases in groups I, II, and III according to the provisions of the Law on Environmental Protection. For the restaurant business, in particular, the requirements for environmental permits are set in the following cases:

– Waste water is generated more than 500m3/day.

– Waste water, dust and gas generated must be treated before being discharged into the environment or treated by on-site wastewater treatment facilities as mentioned by Law on Environmental protection and technical regulations of local government.

– Hazardous waste is generated during operation. Total weight from 1,200kg/year or more or from 100kg/month or more.

– The restaurant is built in an area of ​​​​sea land, forest land or historical site.

Source of rules: Clause 2 Article 25 Decree no. 08/2022/ND-CP

In conclusion, waste is generated during the business process but not in the cases mentioned above and is not exempted from registration, the business entity must conduct environmental registration.

III. Content of environmental registration

In accordance with clause 4 Article 49 Law on Environmental, environmental registration shall cover: a) General information about the investment project/business. b) Type of production, business and service; technologies, capacity, products; raw materials, fuels and chemicals used (if any). c) Type and quantity of waste generated. d) A scheme to collect, manage and treat waste as prescribed. đ) Commitments to environmental protection. Competent agency dealing with dossiers: Commune people’s committee.

IV. Procedure of environmental registration

  • Application for environmental registration shall contain:

a) Environmental registration document of the owner of the investment project or establishment according to regulations of Form No. 47, Appendix II issued with Circular no. 02/2022/TT-BTTMT.

b) A copy of the decision on approval for the environmental impact assessment report appraisal result of the investment project or establishment.

  • Reception form:

Applications can be submitted in person; indirectly by post or online on the public service portal to the Commune People’s Committee.

For investment projects established in the area with 02 or more commune-level administrative units, the owner of the investment project or establishment can choose the commune-level People’s Committee for environmental registration.

 

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REGULATIONS ON ENTERPRISES TRADING IN ALCOHOL DISTRIBUTION LINES

Regulations on enterprises trading in alcohol distribution lines - htlaw.vn

I. Conditions for trading in alcohol distribution lines

Alcohol trading is a conditional business line for domestic enterprises and foreign enterprises specified in Section 46, Appendix IV, Law on Investment 2020.

On the principle of alcohol business: Alcohol business belongs to the list of conditional business lines. Organizations and individuals engaged in alcohol business must comply with the provisions of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer and the provisions of Decree 105/2017/ND-CP, amended and supplemented by Decree 17/2020/ND-CP

Requirements for distribution of alcohol:

    • The enterprise distributing alcohol (alcohol distributor) shall be established according to regulations of law.
    • There should be spirit distribution systems within at least 02 provinces or central-affiliated cities (including the administrative divisions where the spirit distributors’ headquarters is located); at least a spirit trader within each province or central-affiliated city. If the spirit distributor establishes a branch or business location besides its headquarters for the purpose of spirit sale, it is not required to ask for confirmation from the spirit wholesaler.
    • A written reference or an agreement in principle shall be made by another alcohol producer, distributor or wholesale.

II. Rights and obligations of alcohol distribution traders

    • Buying and selling alcohol of legal origin;
    • Post a valid copy of the license issued by the competent authority at the merchant’s liquor sales locations and may only buy and sell alcohol according to the contents of the issued license, except for the case of traders selling alcohol for on-site consumption.”
    • Implement the reporting regime and other obligations as prescribed in Decree 105/2017/ND-CP
    • Importing alcohol, purchasing alcohol from domestic liquor producers and other liquor distribution traders according to the contents of the license.
    • Selling alcohol to liquor distribution traders, wholesale liquor traders, alcohol retail traders, on-site alcohol traders within provinces/central-affiliated cities that have been licensed;
    • Selling alcohol to traders who buy alcohol for export.
    • Directly retail alcohol at traders’ business locations within provinces/central-affiliated cities that have been licensed;

III. Registration dossiers for enterprises trading in alcohol distribution lines

– Application for an alcohol distribution license according to Form No. 01 of Decree 105/2017/ND-CP

– A copy of the enterprise registration certificate or equivalent legal documents.

– Document concerning the spirit distribution system includes one of the two following types:

      • A copy of the agreement in principle, confirmation letter or commitment to participating in the spirit distribution system enclosed with a copy of the spirit wholesaling license of the wholesaler expected to participate in the spirit distribution system;
      • A copy of the distributor’s Certificate of registration of operation of the branch or Certificate of registration of the business location for spirit trading purpose;

– Documents relating to alcohol suppliers;

    • Copy of introductory documents or principle contracts of liquor traders, other liquor distribution traders or overseas liquor suppliers, which specify the intended types of liquor traded in accordance with the activities of the liquor suppliers;
    • In case the liquor supplier is a domestic trader, a copy of the liquor production license or liquor distribution license is required.

IV. Competence and procedures for granting liquor distribution business licenses

The Ministry of Industry and Trade is the agency that issues alcohol distribution licenses.

Traders (applicant) shall submit an application in person, by post or through the internet (if applicable) to a licensing authority;

Within 15 days from the day on which the valid application is received, the licensing authority shall consider processing and granting the license to the applicant. If the application is rejected, the licensing authority shall provide the applicant with a written explanation.

If the application is invalid, the licensing authority shall send a written request for additional documents to the applicant within 3 days from the day on which the application is received.

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REGULATIONS ON ENTERPRISES TRADING IN ALCOHOL WHOLESALE LINES

Regulations on enterprises trading in alcohol wholesale lines - htlaw.vn

I. Conditions for enterprises to do business in alcohol wholesale business

    • An enterprise established in accordance with the provisions of law.
    • There should be a spirit wholesaling system within a province or central-affiliated city where the wholesaler’s headquarters is located with at least 01 spirit retailer. If the spirit wholesaler establishes a branch or business location besides its headquarters for the purpose of spirit sale, it is not required to ask for confirmation from the spirit retailer.
    • Have a written referral or principle contract of a liquor trader, liquor distribution trader or other wholesale alcohol trader.

II. Rights and obligations of alcohol wholesale enterprises

    • Buying and selling alcohol of legal origin;
    • Post a valid copy of the license issued by the competent authority at the merchant’s liquor sales locations and may only buy and sell alcohol according to the contents stated in the issued license, except for the case of traders selling alcohol for on-site consumption;
    • Implement the reporting regime and other obligations as prescribed by Decree 105/2017/ND-CP;
    • Purchase alcohol from domestic alcohol producers or other alcohol distributors/wholesalers according to the contents stated in licenses;
    • Sell alcohol to alcohol wholesalers/retailers or sellers of alcohol for on-premises consumption within provinces/central-affiliated cities that have been licensed;
    • Sell alcohol to alcohol exporters;
    • Directly retail spirits at traders’ licensed business locations within provinces or central-affiliated cities.

(Regulation Article 18, Decree 105/2017/ND-CP, Article 16, Decree 17/2020/ND-CP)

III. Registration dossiers for enterprises trading in alcohol wholesale lines

– Application for a wholesale liquor license according to Form No. 01 of Decree 105/2017/ND-CP

– A copy of the business registration certificate or document of equivalent legal validity.

– Documentation of the alcohol wholesale system is of one of two types:

      • A copy of the principle contract, letter of confirmation or commitment to participate in the wholesale alcohol system with a copy of the wholesale liquor license  of the trader who intends to participate in the wholesale alcohol system;
      • A copy of the Certificate of operation registration of the branch of the enterprise or the Certificate of registration of the place of business of the enterprise for alcohol business.

– Documents relating to alcohol suppliers;

      • Copies of introductory documents or principle contracts of domestic producers, distribution traders or other wholesale traders, stating the intended types of liquors for trading in accordance with the activities of the producing trader, distributor or other wholesale trader;
      • Copies of liquor licenses, distribution licenses or wholesale liquor licenses of liquor suppliers.

IV. Licensing authority and procedures

The Department of Industry and Trade is the agency that issues alcohol wholesale licenses in provinces and central-affiliated cities.

Licensing procedure:

Merchants apply in person or by post or online (if eligible to apply) to the licensing authority.

For wholesale liquor licenses:

Within 15 days from the day on which the valid application is received, the licensing authority shall consider processing and granting the license to the applicant. If the application is rejected, the licensing authority shall provide the applicant with a written explanation.

If the application is invalid, the licensing authority shall send a written request for additional documents to the applicant within 3 days from the day on which the application is received.

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REGULATION ON ENTERPRISES DEALING RETAIL ALCOHOL

Regulation on enterprises dealing retail alcohol - htlaw.vn

I. Conditions for enterprises to do business in alcohol retailers

The enterprise, cooperative, cooperative joint venture, or household business retailing alcohol (alcohol retailer) shall be established according to regulations of law.

The alcohol retailer shall be entitled to run a fixed store with a clear address.

A written reference or an agreement in principle shall be made by the alcohol producer, distributor, or wholesaler.

II. Rights and obligations of alcohol retailer

    • Buying and selling alcohol of legal origin.
    • Post a valid copy of the license issued by the competent authority at the merchant’s liquor sales locations and may only buy and sell alcohol according to the contents stated in the issued license, except for the case of traders selling alcohol for on-site consumption.
    • Implement the reporting regime and other obligations as prescribed by Decree 105/2017/ND-CP.
    • Purchase alcohol from domestic alcohol producers or other alcohol distributors/wholesalers according to the contents stated in licenses;
    • Sell alcohol to sellers of alcohol for on-premises consumption or directly sell to buyers at sellers’ premises according to the contents stated in licenses.

III. Registration documents for alcohol retail businesses

    • A completed application form provided in the specimen No. 1 attached hereto
    • A copy of the certificate of enterprise/cooperative/cooperative joint venture/household business registration
    • A copy of the lease/borrowing agreement or documents proving legitimate use rights to expected alcohol retail store.
    • A written reference or an agreement in principle shall be made by the alcohol producer, distributor or wholesaler.

IV. Licensing authority and procedures

Offices of Economis or Offices of Economics and Infrastructure affiliated to People’s Committees of districts shall issue licenses for home production of spirits for business purpose and licenses for spirit retail within their districts.

Merchants apply in person or by post or online (if eligible to apply) to the licensing authority.

Within 10 working days from the date of receipt of a complete and valid dossier, the competent state agency shall consider, appraise and grant licenses to traders. In case of refusal to grant, a written response stating the reasons therefore must be given.

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DURATION OF LICENSE TYPES

Duration of License types - htlaw.vn
STTContentLegal basis
1License for establishment of representative offices/branches of foreign traders:
- 05 years, but not exceeding the remaining term of the business registration certificate or paper of equivalent value of the foreign trader, in case such paper has regulations on the term.
- Within at least 30 days before the license expires, the trader can make a dossier to apply for the license extension, unless there is a violation in the cases of being revoked.		Clause 1 Article 9, Article 21, Clause 1 Article 23 Decree 07/2016
2Certificate of food safety eligibility
- 03 years from the date of issue
- At least 6 months before the expiration date of a certificate of food safety eligibility, if the food producer or trader wishes to continue its/ his/her production or trading activities, it/he/she shall submit a dossier of application for the re-grant of a certificate of food safety eligibility.		Article 37 of the Law on Food Safety 2010
3Retail establishment license:
- The license to set up a retail establishment has a term corresponding to the remaining term on the investment registration certificate for the retail establishment project.
- In the absence of an Investment Registration Certificate, the duration of the License to set up a retail establishment corresponds to the duration stated in the document on the location of the retail establishment.		Point a, Clause 2, Article 26 of Decree 09/2018
4Certificate of satisfaction of security and order conditions:
- There is no time limit except for some cases		Clause 1, Article 15 of Decree 96/2016
5Liquor Distribution License, Liquor Wholesale License, Liquor Retail License
- The above licenses are valid for 5 years		Point b, Clause 2, Article 28 of Decree 105/2017
6Work Permit
- The term of a work permit is granted according to the term of one of the cases specified in Article 10 of Decree 152/2020 but must not exceed 02 years.		Article 10 of Decree 152/2020
7Certification of exemption from work permit
- The validity period of a certification of exemption from work permit is up to 2 years and coincides with the validity period of any case as prescribed in Article 10 of Decree 152/2020		Clause 2, Article 8 of Decree 152/2020
8Visa exemption certificate
- The visa exemption certificate has a maximum validity of not more than 5 years and is shorter than the expiry date of the passport or valid international travel document of the grantee for at least 6 months.		Clause 1, Article 4 of Decree 82/2015

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ISSUANCE OF RETAIL LICENSE

I. Conditions for establishment of the first retail store or a retail store other than the first retail store not required to conduct an ENT

– Having a financial plan in order to establish the retail store;

– Not having any overdue tax debts if the applicant has been established in Vietnam for one (1) or more years;

– The location for establishing the retail store complies with the relevant planning in the geographical market area.

Issuance of Retail License - htlaw.vn

II. Authority to issue a retail store license

Pursuant to clause 2 Article 8 of the Decree 09/2018/ND-CP, The Department of Industry and Trade (DOIT) in the locality where economic organizations have foreign investment has its retail store shall have the authority to issue a retail store license after obtaining the written approval of the Ministry of Industry and Trade (MOIT).

III. Subject of a retail store license

Retail store licenses are issued to economic enterprises with foreign owned capital which have obtained a business licencs and retail store location data.

IV. Application file for issuance of a retail store license

    1. Application for issuance of a retail store licence
    2. Explanatory document containing:

– Location for establishing the retail store: address of the store; description of the general [common] area, related areas and areas to be used for establishing the store; and an explanation on satisfaction of the conditions for establishment of a retail store, enclosing the retail store location data;

– Business plan on trading by the retail store: presentation of the business plan and market development; the labour demand; and an assessment of the impact and socio-economic efficiency of the business plan;

– Financial plan for establishment of the retail store: business operational results on the basis of the audited financial statements for the most recent year if the applicant has been established in Vietnam for one (1) year or more; and an explanation of capital, capital sources and methods for mobilizing capital, enclosing financial data.

    1. The documents from the Tax department proving that there are no overdue tax debts.
    2. Notarized copies of the audited report of the most recent year in case it has been established in Vietnam for 1 year or more or notarized copies of the confirmation of capital contribution in case it is established in Vietnam under 01 year.
    3. A notarized copy of the certificate of land use right at the location of the retail establishment
    4. Notarized copies of the ERC, Notarized copy of IRC, Notarized copies of the Business license;

V. Sequence for issuance of the first retail store and for a second or further retail store if it is not necessary to conduct an ENT

Step 1.  Lodging of the application file (2 sets) to DOIT (directly or via post or internet).

Step 2. Within three (3) working days after receipt of an application file, the DOIT shall check the file and request amendments if the file is incomplete or invalid.

Step 3. within ten (10) working days after receipt of a complete and valid application file, the DOIT shall check compliance with the conditions for establishment of a retail store.

– If the conditions are not satisfied, the licensing agency shall provide a written response setting out the reasons;

– If the conditions are satisfied, the licensing agency shall send the file requesting an opinion from MOIT.

Step 4. Within seven (7) working days after receiving the application file, MOIT shall provide written consent to issuance of the retail store license; and in the case of refusal to provide consent, shall provide a written response setting out its reasons.

Step 5. The DOIT shall issue the retail store license within three (3) working days after receipt of written consent from MOIT; but if MOIT refuses to provide consent, then the licensing agency shall in turn provide a written response [to the applicant] setting out the reasons.

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PROCEDURES FOR ISSUANCE BUSINESS LICENSE

I. Cases requiring obtaining Business license

Pursuant to Clause 1 Article 5 of Decree 09/2018/ND-CP, foreign-invested business entities conducting the following activities are required to obtain a Business license:

– Perform the goods retail distribution right excluding rice; sugar, articles with recorded images; and books, newspapers and magazines;

– Perform the import right and the goods wholesale distribution right with oil and lubricants;

– Perform the retail distribution right with sugar, articles with recorded images; and books, newspapers and magazines;

– Provide logistics services excluding logistic services sub-sectors for which Vietnam has committed to open the market in international treaties of which Vietnam is a member;

– Goods leasing excluding financial leasing; except for the leasing of construction equipment which includes operators;

– Provide trade promotion services excluding advertising services;

– Provide trade intermediation services;

– Provide e-commerce services;

– Provide services of arranging tendering/bidding for goods and services.

For other activities which do not fall within the aforementioned cases, Clause 1 Article 6 Decree 09/2018/ND-CP, foreign-invested business entities, economic organizations specified in point b and c of Clause 1 Article 23 of the Investment Law are exempted from obtaining Business license. They are able to conduct goods trading and directly related activities prescribed in Clause 1 Article 3 of this Decree after registering such activities with relevant documents in accordance with the provisions of the Law on Investment and the Law on Enterprises.

Procedures for issuance Business license - htlaw.vn

II. Conditions for issuance of a Business license

Firstly, for foreign investors belong to a country or territory which is a member of an international treaty of which Vietnam is also a member and there is a commitment to open the market for goods trading and directly related activities, the Law sets out 03 conditions that must be complied with:

(a) Meet market access conditions prescribed in the international treaty of which Vietnam is a member;

(b) Having a financial plan in order to undertake the activities for which a business license is requested;

(c) Not having overdue tax debts in a case where it has been established in Vietnam for one year or more.

Secondly, for foreign investors not from a country or territory which is a member of an international treaty of which Vietnam is also a member or in a case where there is not yet a commitment to open the market for business services in international treaties of which Vietnam is a member apart from the 2 conditions:

(a) Having a financial plan in order to undertake the activities for which a business license is requested;

(b) Not having overdue tax debts in a case where it has been established in Vietnam for one year or more.

There are additional criteria must be met, namely:

– In accordance with the provisions of specialized branch law;
– In conformity with the competitive level of domestic enterprises in the same operation sector;
– Ability to create jobs for domestic workers;
– Ability to contribute and level of contribution to the State budget

Thirdly, In case of goods for which Vietnam has not committed to open its market in international treaties of which Vietnam is a member such as: oils and lubricants; oil and lubricants; rice; sugar, articles with recorded images; and books, newspapers and magazines, apart from satisfying the conditions set forth in previous paragraph, there are notable provisions:

– In the case of goods being oil and lubricants: Consideration shall be given to licensing Perform of the right to import and right of wholesale distribution to foreign-invested business entities which conducts one of the following activities:

+ Produces oil and lubricants in Vietnam;
+ Produces or is permitted to distribute in Vietnam machinery, equipment and goods using special type of oil and lubricants.

– In the case of goods being rice; sugar, articles with recorded images; and books, newspapers and magazines, consideration shall be given to licensing to Perform the retail distribution right to foreign-invested business entities which already has a retail store in the form of a supermarket, mini-supermarket or convenience store in order to conduct retail at such store.

III. Business licensing authority

The Department of Industry and Trade where the head office of the foreign capital economic organizations located shall be in charge of this.

IV. Procedures for issuance of a Business license

Step 1: Submit the documents to the Department of Industry and Trade where the head office of the foreign capital economic organizations located shall be in charge of this (directly with or sent in the post or sent via the internet).

Step 2: After receipt of the file, Department of Industry and Trade check that file and request amendment if the file is incomplete or invalid within 03 working days.

Step 3: Within ten (10) business days after receipt of a complete and valid application file, Department of Industry and Trade shall check the file’s compliance with the relevant conditions:

– In case the conditions are not satisfied, the licensing agency shall provide a written response setting out the reasons.

– In case the conditions are satisfied:

+ Department of Industry and Trade shall issue a business license to undertake the activities prescribed in point a Clause 1 Article 5 of this Decree;

+ With other activities undertaken prescribed in Article 5 Decree 09/2018, the Department of Industry and Trade shall send the file requesting an opinion from Ministry of Industry and Trade and the line ministry in accordance with the provisions the Decree.

Step 4: Within fifteen (15) days from the date of receiving the application file from Department of Industry and Trade, Ministry of Industry and Trade and the line ministry shall provide written consent (or refusal) to issuance of the business license to Department of Industry and Trade.

Step 5. Within 3 working days after receipt of the written consent (or refusal) to issuance of the business license from Ministry of Industry and Trade, Department of Industry and Trade shall issue /refuse to issue the Business license.

V. Application file for issuance of a Business license

1. Request for issuance of a business licence (on standard form);

2. Explanatory document containing:

a) Explanation on the conditions for issuance of the corresponding business license in accordance with Article 9 of this Decree;

b) Business plan: Description of the contents and method of conducting the business activities; presentation of the business plan and market development; the labour demand; and an assessment of the impact and socio-economic efficiency of the business plan;

c) Financial plan: business operation results on the basis of the audited financial statements for the most recent year if the applicant has been established in Vietnam for one year or more; and an explanation of capital, capital sources and methods for mobilizing capital, enclosing financial documents;

d) Current business status of goods trading and directly related activities; financial status of the foreign-invested business entities up until the time of the request for the business license in the case of the business license prescribed in Clause 6 Article 5 of Decree 09/2018/ND-CP.

3. Document from the tax office stating that there are no overdue tax debts;

4. Copies of the enterprise registration certificate [ERC] and of the investment registration certificate [IRC] (if applicable) for the project of goods trading and directly related activities.

VI. Time scale of application process.

15 – 35 working days after the Department of Industry and Trade receive a complete and valid application file. The time scale can vary according to different cases.

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How to get Vietnam Food Safety License?

How to get Vietnam Food Safety License? - HTlaw
How to get Vietnam Food Safety License? - HTlaw

I. What is a food safety license?

A food safety license is also known as a certificates of food safety eligibility. In essence, a food safety license is a certificate issued by competent state agencies to establishments and enterprises producing and trading food products/services in order to prove the basis, that enterprise has fully met the necessary conditions for food safety and hygiene.

II. Cases exempted from food safety license

Pursuant to Article 11, 12 of Decree 15/2018/ND-CP, food manufacturer and seller must have a food safety license when operating, except for the following cases:

– Micro food manufacturers;

– Mobile food manufacturers and sellers;

– Micro food processors;

– Micro food sellers;

– Sellers of prepackaged foods;

– Manufacturers and sellers of instruments and materials for wrapping and storing food;

– Restaurants within hotels;

– Industrial kitchens not registered as a food business;

– Street food vendors;

– Any food business that has one of the following certificates: Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Point System (HACCP), Food safety management systems ISO 22000, International Food Standard (IFS), British Retail Consortium (BRC), Food Safety System Certification (FSSC 22000) or an equivalent certificate.

III. Conditions for granting a food safety license

Pursuant to clause 1, Article 34 Law on food safety 2010, an establishment shall be granted a food safety license when it fully meets the following conditions:

– Having adequate conditions for assuring food safety suitable to each type of food production and trading as prescribed in Chapter IV of this Law;

– Having registered for food production and trading as indicated in its business registration certificate.

IV. Competence to grant a food safety license

The Minister of Health, the Minister of Agriculture and Rural Development and the Minister of Industry and Trade shall specify the competence to grant food safety licenses in their assigned management domains. (Article 35 Law on food safety 2010)

V. Order of issuing food safety license

Step 1: Organizations and individuals producing and trading food shall submit an application for a food safety license to the competent state agency corresponding to the field in which they want to do business.

Step 2: Within 15 days from the date of receipt of complete and valid dossiers, competent state agencies shall physically inspect conditions for ensuring food safety at food production and trading establishments;

Step 3: The agency competent to issue a food safety license (if eligible), in case of refusal, must reply in writing and clearly state the reason.

VI. Dossier of application for a food safety license

    1. An application for a certificate of food safety eligibility:
    2. A copy of the business registration certificate:
    3. Written explanations about the satisfaction of food safety and hygiene conditions of physical foundations, equipment and tools as prescribed by competent state management agencies:
    4. Health certificates of the establishment’s owner and persons directly engaged in food production and trading, issued by a district- or higher-level health establishment:
    5. Certificates of training in knowledge about food safety and hygiene of the establishment’s owner and persons directly engaged in food production and trading as prescribed by line ministers.

VII. Notes

– A food safety license is valid for 3 years.

– At least 6 months before the expiration date of food safety license, if the food producer or trader wishes to continue its/ his/her production or trading activities, it/he/she shall submit a dossier of application for the re-grant of food safety license.

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