Many establishment owners use the familiar term “food hygiene and safety license.” The official name is the Food Safety Eligibility Certificate. Not every food establishment must apply for this certificate, and the issuing authority depends on which sector manages the product.
Short answer: a food production or trading establishment must hold the Certificate while operating, except for the cases listed in clause 1, Article 12 of Decree 15/2018/ND-CP. The certificate is valid for 3 years. Before preparing a dossier, you need to determine three things: whether the establishment is subject to the Certificate, which sector manages it, and whether the facility already meets the conditions.
Which regulations apply in 2026?
In early 2026, the Government issued Decree 46/2026/ND-CP to replace Decree 15/2018/ND-CP. However, Resolution 15/2026/NQ-CP dated 6 April 2026 suspended the effect of Decree 46/2026/ND-CP and Resolution 66.13/2026/NQ-CP, until the (amended) Law on Food Safety and its guiding decree take effect.
During the suspension, Decree 15/2018/ND-CP and its related guiding documents continue to apply. Dossiers filed before Resolution 15/2026/NQ-CP took effect are also handled under Decree 15/2018/ND-CP.
The (amended) Law on Food Safety is still under development. Once the new law is passed, the procedure may change. It is therefore advisable to check the current regulations at the time of filing.
Which establishments must have it, and which are exempt?
Article 11 of Decree 15/2018/ND-CP requires a food production or trading establishment to hold the Certificate while operating, except for the cases in clause 1, Article 12. Cases not subject to the Certificate include:
| Group | Common examples |
|---|---|
| Small-scale initial production; small-scale pre-processing | Households growing vegetables, small-scale farming |
| Production or trading without a fixed location | Mobile vending |
| Small-scale food trading | Small grocery stores |
| Trading in pre-packaged food | Stores selling pre-packaged products |
| Production or trading of food packaging tools and materials | Workshops making food boxes and bags |
| Restaurants inside hotels | Restaurants serving food located inside a hotel |
| Collective kitchens not registered under a food-business line | In-house factory canteens cooking for their own staff |
| Street food vending | Carts and stalls selling food and drink on the street |
| Establishments already holding valid GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000 or equivalent certification | Factories already holding a system certification |
Establishments not subject to the Certificate must still comply with the corresponding food safety conditions (clause 2, Article 12). “No certificate required” does not mean no inspection.
A commonly confused point: an in-house canteen that a factory runs itself is usually not subject to the Certificate; but if it hires a catering unit to supply meals, that unit is a food-service business and needs to be assessed separately.
Conditions for issuance
Under clause 1, Article 34 of the 2010 Law on Food Safety, an establishment is granted the Certificate when it meets both conditions:
- It has adequate food safety conditions appropriate to its type of production or trading under Chapter IV of the Law.
- It has registered a food-business line in its business registration certificate.
The second condition is often overlooked. A company should review its registered business lines before filing and add the missing line first if needed.
In practice, “appropriate to the type of operation” is usually assessed on points such as: location and surrounding environment; layout following the one-way principle (raw materials → processing → finished products); water source; equipment and tools in contact with food; storage areas; pest control; and the health status and food-safety knowledge of staff directly involved. Specific requirements are set by each ministry’s technical regulations and circulars.
Which authority issues it?
The Ministers of Health, Agriculture, and Industry and Trade prescribe issuing authority within their assigned sectors (Article 35 of the Law on Food Safety). In 2025, the Ministry of Agriculture and Rural Development was reorganized into the Ministry of Agriculture and Environment; where older documents cite the former ministry’s name, the function now belongs to the Ministry of Agriculture and Environment. Assignment by product group is set out in Articles 37–39 and Appendices II, III, IV of Decree 15/2018/ND-CP; many cases are delegated to provincial authorities.
Principles when an establishment has multiple types of products (Article 36 of Decree 15/2018/ND-CP):
- Producing multiple types of products falling under two or more managing authorities: the authority managing the product with the largest output volume is the managing authority.
- Trading only (not producing) in multiple types of products across several sectors: managed by the Industry and Trade sector, except wholesale markets and agricultural produce auctions.
- Both producing and trading in multiple types of products: the establishment may choose which specialized managing authority to use.
Dossier and issuance procedure
Article 36 of the Law on Food Safety requires the dossier to include: an application; a copy of the business registration certificate; a description of facilities, equipment and tools; and documents on the health status and food-safety training of the owner and staff directly involved in production or trading. Each ministry sets the specific application forms and how health and training are documented. For example, in the sector managed by the Ministry of Health, Article 6 of Decree 67/2016/ND-CP (amended by Decree 155/2018/ND-CP) allows filing a list of trained staff certified by the establishment’s owner.
| Step | Who does it | Note |
|---|---|---|
| 1. Determine coverage and managing authority | The establishment (may seek advisory support) | Under Article 12, Article 36 of Decree 15/2018 |
| 2. Prepare facilities, health checks and training | The establishment | Done before filing |
| 3. File the dossier | The establishment | At the competent authority for the sector |
| 4. On-site inspection of the establishment | The competent authority | Within 15 days from receipt of a complete, valid dossier (point b, clause 2, Article 36 of the Law) |
| 5. Issue the certificate or reply in writing stating the reason | The competent authority | If not satisfactory, corrective action is taken per the inspection record |
The certificate is valid for 3 years. To continue operating, an establishment must file for renewal at least 6 months before the expiry date (Article 37 of the Law on Food Safety).
Distinguishing this from product declaration
The Food Safety Eligibility Certificate is a certificate for the establishment. Self-declaration or registered declaration of a product is a separate procedure for each product (Chapter II of Decree 15/2018/ND-CP). A facility producing pre-packaged food usually needs both: the establishment’s eligibility certificate and the product’s declaration, together with a testing result issued by a testing laboratory.
Common issues and how to handle them
- No food-business line registered yet. How to handle it: add the business line first, then file the dossier.
- Facility layout not laid out one-way. Common when converting a residential building into a small workshop. How to handle it: redesign the raw-material-to-finished-product flow before investing in equipment.
- Unclear which sector manages the establishment. How to handle it: list the products and output volume for each, then check against Article 36 and the appendices of Decree 15/2018/ND-CP.
- Certificate nearing expiry. How to handle it: note the 6-month mark before expiry to file for renewal.
- Expanding the workshop at the same time as fire safety work. It is best to do both together to avoid renovating twice. See Fire safety for warehouses.
What Thái Tín can help with
Thái Tín takes in information about the establishment and its products, helps determine whether the Certificate applies, which sector manages it and what needs to be prepared; sets out a roadmap and connects the establishment with a suitable facility-conditions consultant and testing laboratory. Assessment, on-site inspection and issuance of the certificate are decided by the competent authority; Thái Tín tracks progress within the agreed scope.
Costs comprise the advisory service fee, testing fees (if any) and the state authority’s assessment fee (if any); a quote is given after reviewing the establishment’s type and current status. See also food safety and product legal services.
Keeping the establishment eligible after the certificate is issued
- Keep health and training records for staff directly involved; update when there are new staff.
- Record raw-material sources and production batches for traceability.
- Regularly self-inspect hygiene, pests and storage temperature on a fixed schedule.
- Consider building a HACCP or ISO 22000 system as the establishment grows — both for management purposes and as a basis for exemption from the certificate under point k, clause 1, Article 12. If a general quality-management system is also needed, see ISO 9001 Certification.
If you want to know what your establishment needs, send the type of product, scale and existing documents so we can check its current status.
Questions and answers
Does a store selling pre-packaged food need a Food Safety Eligibility Certificate?
No, it is not subject to the certificate. Trading in pre-packaged food is on the list of cases not subject to the Certificate (point dd, clause 1, Article 12 of Decree 15/2018/ND-CP). The establishment must still comply with the corresponding food safety conditions (clause 2, Article 12).
If an establishment already holds HACCP or ISO 22000 certification, does it still need to apply for a Food Safety Eligibility Certificate?
No. An establishment already granted one of the following certifications — GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000 or an equivalent — and still valid is not subject to the Certificate (point k, clause 1, Article 12 of Decree 15/2018/ND-CP). That certification must remain valid and the establishment must still meet food safety conditions.
How long is a Food Safety Eligibility Certificate valid for?
3 years (clause 1, Article 37 of the 2010 Law on Food Safety). To continue production or trading, an establishment must file for renewal at least 6 months before the certificate expires (clause 2, Article 37).
Is Decree 46/2026 currently in effect?
Not yet. Resolution 15/2026/NQ-CP dated 6 April 2026 suspends the effect of Decree 46/2026/ND-CP and Resolution 66.13/2026/NQ-CP until the (amended) Law on Food Safety and its guiding decree take effect. During this period, Decree 15/2018/ND-CP and its related guiding documents continue to apply.
An establishment produces both pork sausage rolls and biscuits — where should it file its dossier?
These two products fall under two different sectors: pork sausage roll is a processed product containing meat (Appendix III of Decree 15/2018/ND-CP, under the agriculture sector, now the Ministry of Agriculture and Environment), while biscuits fall under the cakes, jams and confectionery group (Appendix IV, Ministry of Industry and Trade). When an establishment produces multiple types of products falling under two or more specialized management authorities, the authority managing the product with the largest output volume is the managing authority (Article 36 of Decree 15/2018/ND-CP). An establishment that both produces and trades in multiple such products may choose which specialized authority to file with.
Legal basis · verification date
Verified 29 September 2026 · next review 29 December 2026. The content is general guidance and does not replace advice for a specific case.
- Law on Food Safety No. 55/2010/QH12: Article 34 (conditions for issuance), Article 35 (authority), Article 36 (dossier, procedure), Article 37 (3-year validity, renewal filed 6 months in advance). Certain articles have been amended by Law No. 28/2018/QH14 and later laws (latest consolidated document: 61/VBHN-VPQH dated 15 August 2025); the (amended) Law on Food Safety is still in draft and had not been passed as of the review date.
- Decree 15/2018/ND-CP detailing the Law on Food Safety: Article 11, Article 12 (subjects covered and exempt from the Certificate), Article 36 (management-assignment principle), Articles 37–39 and Appendices II, III, IV (assignment by ministry).
- Resolution 15/2026/NQ-CP dated 6 April 2026: suspending the effect of Decree 46/2026/ND-CP and Resolution 66.13/2026/NQ-CP; Decree 15/2018/ND-CP continues to apply until the (amended) Law on Food Safety and its guiding decree take effect (baochinhphu.vn, 8 April 2026).
- Decree 67/2016/ND-CP, Article 6 (amended by Decree 155/2018/ND-CP): dossier and procedure for issuance of the Certificate in the sector managed by the Ministry of Health.
Official texts and standards
- Law on Food Safety 55/2010/QH12 — Government Portal vanban.chinhphu.vn
- Decree 15/2018/ND-CP guiding the Law on Food Safety — Government Portal vanban.chinhphu.vn
- Resolution 15/2026/NQ-CP suspending Decree 46/2026/ND-CP — Government Portal vanban.chinhphu.vn

