For establishments that both manufacture and sell a variety of products that are under the management of more than one specialized management agency, organizations and individuals are entitled to select a specialized food safety management agency to follow administrative procedures.

Mr. Truong Tuan Ngoc (Hanoi) has rented a 2-storey semi-detached house to prepare to open a restaurant business. Now, he has an idea to combine with the business of homemade cakes and pastries to optimize the rental area, diversify breakfast items for the restaurant menu and diversify services. Specifically, the outer area of the first floor will be arranged with a seating area and cake cabinets for sale, the inner area will be a separate kitchen and pastry area; the second floor will be arranged tables for the restaurant business.

Mr. Ngoc knows that the cake production and sale, and restaurant business all have to apply for a certificate of food safety eligibility. However, the restaurant business is under the management of the Ministry of Health, applying for the certificate at the Hanoi Food Safety and Hygiene Department, while cake production and sale is under the management of the Ministry of Industry and Trade, applying for the certificate at the Hanoi Department of Industry and Trade.

Through the receipt and reply system to business recommendations, Mr. Ngoc asked, to which agency does he need to apply for food safety certification? Does he have to submit a set of documents to apply for a food safety certificate for both of these businesses or submit two different applications to the same agency?

Regarding this issue, the Food Safety Department - Ministry of Health has the following comments:

Mr. Ngoc's company is producing, selling cakes, and running a restaurant business. According to Clause 10, Article 36 of Decree 15/2018/ND-CP dated February 2, 2018, of the Government detailing the implementation of some articles of the Law on Food Safety, “establishments that both manufacture and sell products that are under the management of more than one specialized authority, are entitled to select its specialized food safety authority to follow administrative procedures”.

Therefore, Mr. Ngoc's company has the right to choose a specialized management agency on food safety to issue the Certificate of food safety eligibility.

The company should submit a set of applications for a Certificate of food safety eligibility to the Hanoi Department of Industry and Trade or the Hanoi Food Safety and Hygiene Department to follow up the administrative procedures for the Certificate of food safety eligibility granting for the type of cake production and sale, and restaurant business (food and beverage services).