Food safety certificates

Most food production and food-business establishments in Vietnam must hold a Certificate of Eligibility for Food Safety Conditions (Giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm — "ATTP certificate") issued by the competent ministry. The certificate is a state acknowledgement that the facility meets the food-safety conditions appropriate to its product category. Who issues it: • Ministry of Health and its provincial Departments of Health — for MOH-managed categories (functional foods, mineral water, ice, food additives, food-contact materials). • Ministry of Agriculture and Rural Development and its provincial units — for agro-forestry-fishery establishments. • Ministry of Industry and Trade and its provincial Departments of Industry and Trade — for MOIT-managed categories (alcohol, processed dairy, confectionery, processed flour, vegetable oil, etc.). Validity: three years from the date of issuance. Renewal must be applied for at least six months before expiry. Exemptions (Article 12 of Decree 15/2018): • Small-scale producers; producers with no fixed location. • Establishments engaged only in initial production for self-consumption. • Restaurants/food services already inspected by the local health authority under a different scheme. • Establishments holding GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000, or equivalent valid certification — exempted under Decree 15/2018. **Important caveat:** the suspended Decree 46/2026/NĐ-CP would remove this private-standard substitution; under Decree 46 the ATTP certificate would be mandatory regardless of other certifications. Because Decree 46 is suspended, the Decree 15 exemption still applies — but companies should monitor the suspension status. • Pharmaceutical manufacturers holding a drug-GMP certificate from DAV are exempt from a separate ATTP certificate when also producing functional foods, but TPBVSK-GMP scope must still be evidenced. Withdrawal: Circular 31/2023/TT-BYT (MOH) sets out authority and procedure for withdrawing the ATTP certificate from establishments that lose compliance. MARD applies its parallel procedure under Circular 38/2018/TT-BNNPTNT.

Framework: • Law on Food Safety 55/2010/QH12 — Articles 33–37 on conditions for food-production and food-business establishments. • Decree 15/2018/NĐ-CP — Article 12 on certificates and exemptions; Article 13 on application dossier; further articles on the procedure. Sectoral certification: • Circular 31/2023/TT-BYT (MOH) — authority and procedure for withdrawing the ATTP certificate for MOH-managed establishments. • Circular 38/2018/TT-BNNPTNT (MARD, issued 25 December 2018) — assessment and certification of agro-forestry-fishery production/trading facilities, including the A/B/C scoring system. • Circular 43/2018/TT-BCT (MOIT) and related guidance — food-safety-condition certification for MOIT-managed establishments. Penalties: • Decree 115/2018/NĐ-CP (4 September 2018) — administrative penalties for operating without a required ATTP certificate, with fines and suspension of operation as supplementary measures. • Decree 124/2021/NĐ-CP (28 December 2021) — amends Decree 115/2018, raising maximum fines and expanding the authority of inspectors. Pending (suspended): • Decree 46/2026/NĐ-CP — reaffirms that the ATTP certificate is a mandatory legal condition and may not be substituted by private standards (HACCP, ISO 22000, etc.). Currently suspended; the Decree 15 exemption stands until Decree 46 takes effect.

2026 — Decree 46/2026 (suspended) reaffirms ATTP as mandatory: A central policy choice in Decree 46/2026/NĐ-CP is removing the private-standard substitution allowed by Decree 15/2018: under Decree 46, the ATTP certificate would be required regardless of HACCP, ISO 22000, or similar certifications. The decree is suspended indefinitely by Resolutions 09/2026 and 15/2026, so the Decree 15 exemption continues — but companies relying on HACCP/ISO substitution should monitor the suspension status. 2023 — Circular 31/2023/TT-BYT: MOH issued Circular 31/2023/TT-BYT setting authority and procedure for withdrawing the ATTP certificate from MOH-managed establishments that lose compliance. Standing — Provincial inspection cycles: Provincial Departments of Health, agriculture sub-departments, and industry-and-trade departments operate annual inspection plans tied to ATTP certification cycles. Renewal applications should be filed well in advance of the 6-month statutory minimum.