Food declaration procedures

According to Decree No. 15/2018/NĐ-CP, all food production and trading enterprises with business registration in Vietnam or are representatives of foreign companies that circulate food on the Vietnamese market are required to publicly announce the quality standards before placing them on the market.

Food manufacturing and import-export enterprises that have not yet announced quality standards will be fined 40-50 million VND (for individuals) and 80-100 million VND (for organizations) according to Clause 4, Article 20.

1. What is food declaration? Is it mandatory?

Food declaration is a necessary procedure for organizations and businesses to ensure that their imported or domestically produced food products are allowed to circulate nationwide. In other words, food declaration is the process of submitting product quality standards to the government authorities for food to be allowed on the market.

2. Reasons for Food Declaration in Vietnam

2.1. Benefits for Consumers:

• Ensure food safety and hygiene, protecting consumer health.
• Provide clear information about food quality and origin, helping consumers make informed choices.
• Facilitate traceability of food products in case of problems.

2.2. Benefits for Businesses:

Build reputation and brand image:

• Demonstrates commitment to quality and safety, increasing consumer trust.
• Differentiates products from competitors, creating a competitive advantage.
• Promotes brand reputation and value in the market.

Increase market access:

• Meets legal requirements for food circulation, allowing businesses to expand their market reach.
• Enhances opportunities for export and cooperation with other businesses.

Improve business efficiency:

• Promotes standardized production processes, ensuring product quality consistency.
• Facilitates quality control and management, reducing costs and risks.
• Enhances customer satisfaction and loyalty, leading to increased sales and profits.

2.3. Compliance with Regulations:

• Mandatory for food products to be circulated on the market in Vietnam.
• Ensures compliance with food safety and hygiene laws and regulations.
• Avoids legal penalties and sanctions for non-compliance.

2.4. Conclusion:

Food declaration is a crucial measure that benefits both consumers and businesses. It ensures food safety, promotes transparency, and facilitates market access and business growth. By complying with regulations and actively declaring food products, businesses can build trust, enhance their reputation, and achieve sustainable success in the market.

3. When is food quality registration required in Vietnam?

According to Decree No. 15/2018/ND-CP of the Government, which details the implementation of certain articles of the Law on Food Safety, the following food products must be registered and receive a number from the competent authority before being marketed:

• Nutritional food
• Food for children under 36 months old

• Additives with new formulas
• Additives not intended for the specific uses prescribed by the Ministry of Health
• Additives not included in the list of permitted food additives

4. What to prepare when registering for food quality declaration

To successfully declare food safety, organizations and individuals need to be well prepared and careful. Here are the things to do before making a declaration:

4.1. Product quality testing

Product testing is when organizations and individuals bring product samples that need to be declared to testing centers that meet national standards to analyze and test product quality. Product testing helps to accurately check the substances contained in the product and their proportions, including whether they contain prohibited substances or whether some specific substances exceed the permitted ratio according to the regulations of the Ministry of Health.

4.2. Prepare a food quality declaration registration dossier

According to Decree 15/2018/ND-CP Detailing the implementation of a number of articles of the Law on Food Safety and other related legal documents, the dossier components to be submitted to the state agency for a food safety declaration certificate include:

• Food declaration form (according to Form No. 02 Appendix I issued with Decree 15/2018/ND-CP) - Thien Di will draft for customers
• Health certificate or Certificate of Free Sale - Applicable only for imported food
• Scientific documents proving the product's功效approved by the Ministry of Health (Thien Di will prepare for customers if customers agree with the功效of the product provided by Thien Di. If customers do not agree with the功效found by Thien Di from the supporting documents, customers can provide additional supporting documents if they want to apply for a different功效.
• GMP certificate of good manufacturing practice
• Business registration certificate
• Test result sheet
• Translation of documents from foreign languages ​​into Vietnamese (Thien Di supports translation of foreign documents for Customers for import dossiers)

5. Food Disclosure Law Regulations in Vietnam

5.1 Entities Required to Make Food Disclosures:

• Organizations or individuals with a business license in Vietnam that are involved in the business or production of food.
• Representatives of foreign companies that bring food into circulation in the Vietnamese market.

5.2. Products Required to be Registered for Food Disclosure:

Decree No. 15/2018/NĐ-CP issued by the Government specifies the following groups of food that must be registered for product quality standard disclosure with the state authorities before being marketed:

• Functional foods
• Foods on the special diet list
• Medical nutritional foods
• Nutritional products for children under 36 months old
• Mixed food additives with new functions or additives not included in the list of additives allowed for use in food or not in accordance with the subjects specified by the Ministry of Health.

6. Legal Basis for Food Registration Procedures

When preparing documents and procedures for food registration, organizations and individuals need to base themselves on the following types of documents:

• Law on Food Safety No. 55/2010/QH12: This law provides the overall legal framework for food safety in Vietnam, including requirements for food registration.
• Decree No. 15/2018/NĐ-CP Detailing the Implementation of a Number of Articles of the Law on Food Safety: This decree provides detailed regulations on food registration procedures, including the required documents, application process, and fees.

7. Food Products Allowed for Self-Declaration

In addition to the aforementioned food groups that are required to declare quality standards, some groups will be allowed to self-declare. This means that enterprises can freely declare to the competent authority without any government requirement. Specifically, these include:

• Pre-packaged processed foods, food additives, and food processing aids.
• Containers and packaging materials that come into direct contact with food.

8. What does a business need to self-declare a product in Vietnam?

8.1. Self-declaration dossier for a product includes:

• A self-declaration form for the product (according to Form No. 01 Appendix I issued with Decree 15; available here)
• Food safety test result certificate of the product within 12 months from the date of submission of the dossier, issued by a designated testing laboratory or a testing laboratory accredited to ISO 17025.
• Product label
• Detailed product information sheet (if the label does not contain enough information - for imported products)
• Notarized translation of foreign language documents (for imported products)

8.2. The product self-declaration procedure is as follows:

The business or individual self-declares the product on their mass media or website or publicly posts it at the headquarters of the business or individual and submits 01 copy by mail or directly to the competent state management agency designated by the People's Committee of the provincial level;

• All documents in the self-declaration dossier must be in Vietnamese; if there are documents in a foreign language, they must be translated into Vietnamese and notarized and must still be valid at the time of self-declaration.
• In case of any change in product name, origin, composition, the organization or individual must re-declare the product. In case of other changes, the organization or individual shall notify the competent state management agency in writing of the content of the change and shall be allowed to produce and trade the product immediately after sending the notification.

9. Detailed Guide to Food Declaration in Vietnam

9.1. Introduction

Declaring food with state authorities in Vietnam is a relatively complex process involving many legal documents and procedures. Therefore, organizations and individuals who want to simplify the process and shorten the food safety declaration time should not ignore the detailed guide below.

9.2. Food Declaration Procedures

The food quality declaration process consists of the following stages:

Submitting the application:

• Submit the product declaration registration file via mail, the online public service system, or directly to the file receiving agency.
• File review: Within 5 to 45 working days (depending on the food product to be declared) from the date of receiving the file, the competent authority is responsible for reviewing and issuing a food declaration registration receipt according to Form 03 of Appendix I of Decree No. 15/2018/ND-CP or posting it on the website of the competent authority for self-declared files.
• Supplementing and amending the file: If the file is not accepted, it needs to be revised and supplemented. The agency will issue a document stating the reasons for the request. If the enterprise does not meet the requirements after 90 days from the date of the request for amendment and supplementation, the file will be invalid.
• Food quality declaration: When the file meets the requirements, the competent authority is responsible for publicly disclosing the product quality on its website and the food safety database.
• Completing the procedure: The enterprise pays the file appraisal fee according to the current regulations on fees and charges of the law.

• Business license (with appropriate functions and industries)
• Certificate of the facility meeting the conditions for food production and business (in case of processing, manufacturing domestically, for imported food, only a business license with the function of wholesaling food is required).
• Certified copy of Trademark Registration Certificate (if any).
• Certified copy of ISO 22 000, HACCP (if any).
• Self-declaration of the product: fill in the Self-declaration form with full information (Note: fill in according to current regulations), print 2 copies, sign and stamp, and clearly state the full name. (Sample file SELF-DECLARATION: SAMPLE NO. 01).
• Test results still valid for 12 months at a testing laboratory accredited to ISO 17025 (2 copies, original or notarized copy).

9.3. Where to submit the food declaration file?

• For ordinary food, food utensils, packaging and containment materials, single additives, additives in the list of permitted additives: submit to the Department of Health.
• Submit to the Ministry of Health (Food Safety Department) for functional foods, mixed food additives with new uses, food additives not in the list of food additives permitted for use in food by the Minister of Health. At Thien Di Company, we always accept to solve urgent and difficult cases, cases of additives not in the list. We are chosen as a trusted partner to solve difficult cases for Ajnomotor Vietnam Company, Lotte Vietnam Co., Ltd., DKSH Vietnam Co., Ltd.,...

9.4. Time for food declaration

• For self-declared files (ordinary food, food utensils, packaging and containment materials, single additives, additives in the list of permitted additives): Time: 10-15 working days from the start of testing until the competent authority posts it on the management website.
• For files that must be registered for product declaration (functional foods, mixed food additives with new uses, food additives not in the list of food additives permitted for use in food by the Minister of Health), the time is from 30 to 60 working days from the start of testing until the declaration is issued. The product registration declaration is returned online without a hard copy. The enterprise downloads it for use for food products when circulating.

9.5. Notes on food declaration

To ensure the food quality declaration process is quick and does not require any amendments or returns of the file, please note the following:

• All documents in the file must be valid and in Vietnamese. All expired documents will be returned and will not be processed for any reason. If any document is in a foreign language, it must be translated into Vietnamese and notarized.
• If it is necessary to change the name, origin, or ingredients of a food that has been declared, it must be declared again.
• The current decree regulating food declaration is Decree 15/2018/ND-CP, which does not require the food declaration unit to redo the declaration dossier when the deadline expires, so the dossier must be self-declared or must be posted. Signs and declarations under this decree are valid forever (if there are no changes to current laws and decrees), so food producers and importers do not need to re-file the declaration upon expiration. again. This saves a lot of costs for the units.
• Periodic testing is also not required in Decree 15/2018/ND-CP, as long as businesses maintain stable product quality.

If you are not knowledgeable about the law, you should seek the support of a service unit specializing in declaring reputable product quality, avoiding risks and accompanying customers during post-inspection by authorities. Don't hesitate any longer, please contact Thien Di Company immediately at: 0981317075 - 0868 083 683

10. Thiên Di's Food Declaration Procedure

To help customers better understand Thiên Di's food safety declaration service, we present the following procedure:

• Receive customer's request for consultation;
• Assign a representative to provide file consultation and review the suitability of documents.
• Examine product status and whether the component additives are allowed for use.
• Take pictures of the product and its packaging.
• Develop indicators and send samples for testing at a Ministry of Health-accredited testing center.
• Draft a Product Self-Declaration dossier and a Product Declaration Registration dossier in accordance with the regulations of the Ministry of Health, which not only facilitates declaration but also benefits the business operation of the enterprise in the future.
• Send the customer the file for signing and submit the file through the public service system of the Food Safety Department or the Provincial Health Departments.
• Directly process the file online and sign the file and submit it to the Food Safety Department - Ministry of Health or the Department of Health (HCM City Food Safety Department).
• Communicate directly with the file processing officer at the Food Safety Department - Ministry of Health about any additional requirements.
• Pay the fees and receive the results of the food declaration file.
• Deliver the results of the food declaration file to the customer.

 

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