In the agricultural sector, food is the backbone industry. Ensuring food safety for agricultural, forestry and fishery products is not only a matter of complying with the law but also a key factor in building a brand and enhancing consumer confidence. Certificate of food safety qualified facility (FS) The certificate issued by the Department of Quality, Processing and Market Development or the Department of Agriculture and Rural Development is a guarantee for the quality and safety of your agricultural products.

GT Law provide Specialized service for applying for food safety certificate at the Department of Quality, Processing and Market Development / Department of Agriculture and Rural Development, supporting agricultural production and trading enterprises to complete all procedures quickly and accurately, helping your products confidently reach the market.

Legal basis for granting food safety certificates in the agricultural sector

The granting of certificates of food safety qualified facilities in the agricultural sector is regulated by important legal documents:

• Food Safety Law 2010.
• Decree 15/2018/ND-CP detailing the implementation of a number of articles of the Food Safety Law.
• Circular No. 38/2018/TT-BNNPTNT regulating the appraisal and certification of agricultural, forestry and fishery food production and trading establishments meeting food safety conditions under the Ministry of Agriculture and Rural Development.
• Decree 124/2021/ND-CP amends Decree 117/2020/ND-CP regulating administrative sanctions for violations in the health sector.

Subjects and scope of licensing of the Department of Agriculture

Department of Quality, Processing and Market Development (under the Department of Agriculture and Rural Development in Hanoi) or equivalent agencies (such as the Department of Agriculture and Rural Development, the Department of Agricultural, Forestry and Fishery Product Quality Management in other provinces/cities) is the competent authority to issue food safety certificates to establishments producing and trading agricultural products, including:

• Cereal: Rice, corn, wheat and cereal products.
• Meat and meat products: Fresh meat, frozen meat, meat products (ham, sausage, etc.).
• Aquatic products and aquatic products: Fresh and frozen fish, shrimp, crab, squid, and seafood products.
• Vegetables, tubers, fruits and vegetable, tubers and fruit products: Fresh, dried, canned vegetables and fruits, vegetable and fruit juices.
• Eggs and egg products: Fresh eggs, salted eggs, century eggs, egg products.
• Raw milk.
• Honey and honey products.
• Salt, spices, sugar, tea, coffee, cocoa, pepper, sugaryes
• Other agricultural and food products:
  • Seeds (sunflower seeds, pumpkin seeds, melon seeds…).
  • Bird's nest and products from bird's nest.
  • Products of plant origin (bamboo shoots, wood ear)mushrooms, soybean products except oil, edible shells, roots, leaves, stems, flowers of certain plants…).
  • Products derived from insects used as food (grasshoppers, crickets, silkworm pupae...).
• Tools, packaging materials food packaging: In the process of production, processing and trading of food in the assigned management field.
• Ice: Used to preserve and process productsc. Scope of management of the Ministry of Agriculture and Rural Development.

Note: This certificate does not apply to activities such as street vending or prepackaged food businesses that do not require special storage conditions.

Documents required to apply for food safety certificate at the Department of Agriculture

To apply for a food safety certificate, the facility needs to prepare a complete set of documents including:

1. Application Granting certificate of food safety qualified facility.
2. Copy of business registration certificate Registered business line of production and trading of agricultural, forestry and aquatic products.
3. Description of facilities, equipment and tools ensure food safety conditions
   • Facility layout plan (ensuring one-way principle, dividing raw/cooked areas).
   • Detailed description of equipment, tools for production, processing and preservation.
4. List of occupations food production and business of the facility.
5. Health certificate of the owner of the facility and the person directly producing, processing and trading food.
6. List of employees who have undergone medical examination.
7. List of employees trained in food safety knowledge.
8. Documents proving the origin of raw materials and water source used in the facility (this is an important document and is often carefully checked at the actual assessment).

Service process for applying for food safety certificate at the agricultural department of GT Law

GT Law is committed to accompanying clients through every step:

Step 1: Consultation and preliminary assessment

• Analyze in detail the product type, production and business scale of the facility to determine the correct authority of the agricultural department.
• Conduct a site survey (or video) to assess the level of compliance with standards on facilities, equipment, and production processes according to agricultural regulations.
• Consulting on points that need improvement, rearranging the premises to meet food safety standards.

Step 2: Complete detailed profile

• Drafting application and facility description in detail and accurately according to the requirements of the Department of Agriculture.
• Guide and support customers to fully prepare necessary legal documents (business registration certificate, health certificate, food safety training certificate...).
• Special attention to preparation Documents proving the origin of raw materials (supply contract, food safety certificate of supplier) to ensure perfect records at the appraisal session.

Step 3: Representative submits application

• Business representatives submit applications at Department of Quality, Processing and Market Development or Department of Agriculture and Rural Development where the facility is located.
• Closely monitor the status of the application and work directly with the processing officer to promptly handle additional requests (if any).

Step 4: Guidance and accompaniment for actual assessment

• This is the key step! GT Law will provide detailed instructions on how to prepare the facilities according to the one-way principle, ensuring hygiene and clearly dividing the areas.
• Train and guide facility owners and employees on how to receive the appraisal team and how to answer questions related to production processes, hygiene, and quality control.
• GT Law will be present with the client throughout the appraisal session, assisting in answering questions and ensuring the process runs smoothly.

Step 5: Receive and hand over the certificate

• Monitor assessment results and receive food safety qualified facility certificate from the Department of Agriculture.
• Hand over licenses to customers, helping businesses operate legally with peace of mind.

Service fees and execution time

• Government fees: Approximately from 700,000 VND - 2,500,000 VND (depending on the type of facility and scale).
• Time to complete the procedure: Total approx. 25 – 30 working days (from the time the application is complete and valid, including appraisal time).
• Validity of license: 3 years from the date of issue. In case of any changes related to the information content that has been issued, the customer must re-apply for the certificate.

Regulations on penalties for not having a food safety certificate

Production and trading of agricultural food without a food safety certificate or with an expired certificate will be severely punished according to Decree 124/2021/ND-CP:

• Fine from 30,000,000 VND to 40,000,000 VND.

Don’t let legal barriers slow down your business in the potential agricultural industry. Contact GT Law now for free consultation and use the specialized food safety certification service at the Department of Agriculture, ensuring your products always meet standards and reach far in the market!