Food Safety Control in Food Service Business

From the concept of business conditions and the above generalizations, the conditions for food service business can be defined as follows: Food service business conditions are standards that food service business people must meet during their operations under the supervision and inspection of competent state agencies with the aim of ensuring food safety and public health .

1.2. Food safety control in food service business

1.2.1. Decentralization of state management of food safety

According to the concept of food service business conditions, food service business conditions are standards that food service business people must meet during their operations under the supervision and inspection of competent state agencies with the aim of ensuring food safety and public health.

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Thus, the supervision and inspection by competent state agencies of establishments, households, and food service providers is a mandatory element in the conditions for food service business to ensure food safety and public health. Currently, Vietnam is managing food according to the 2010 Food Safety Law. Article 61 of the 2010 Food Safety Law stipulates the responsibility for state management of food safety as follows: The Government unifies state management of food safety. The Ministry of Health is responsible to the Government for implementing state management of food safety. Ministries and ministerial-level agencies, within the scope of their tasks and powers, are responsible for coordinating with the Ministry of Health to implement state management of food safety. People's Committees at all levels implement state management of food safety within their localities.

An important policy of the 2010 Food Safety Law is the assignment of state management responsibilities for food safety.

The direction of management by product group instead of management by food production and business segment is determined in the hope of overcoming the overlap in state management of food safety of ministries and branches, and at the same time more clearly defining the responsibilities of each ministry and branch in the field of state management of food safety. If the 2003 Ordinance on Food Hygiene and Safety stipulates that up to 8 ministries participate in state management of food safety, according to the Food Safety Law, there are only 3 ministries in charge: the Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade.

According to the provisions of Articles 62, 63, 64 of the Food Safety Law 2010, the responsibilities of food safety management of specific ministries are as follows:

+ Ministry of Health: Manage food safety throughout the production, preliminary processing, processing, preservation, transportation, export, import, and trading of food additives, food processing aids, bottled drinking water, natural mineral water, functional foods, and other foods according to Government regulations; Manage food safety for utensils, packaging materials, and food containers during the production, processing, and trading of foods in the assigned management field.

+ Ministry of Agriculture and Rural Development: Manage food safety throughout the process of production, collection, slaughter, preliminary processing, processing, preservation, transportation, export, import, and trading of cereals, meat and meat products; aquatic products and aquatic products; vegetables, tubers, fruits and vegetable, tubers, fruits products; eggs and egg products; raw fresh milk, honey and honey products, genetically modified foods, salt and other agricultural and food products according to Government regulations; Manage food safety for utensils, packaging materials, and food containers during the production, processing, and trading of food in the assigned management fields.

+ Ministry of Industry and Trade: Manage food safety throughout the production, processing, preservation, transportation, export, import, and trading of wine, beer, soft drinks, processed milk, vegetable oil, processed flour and starch products, and other foods according to Government regulations; Manage food safety for utensils, packaging materials, and food containers during the production, processing, and trading of foods in the assigned management field.

1.3. Overview of laws regulating conditions for food service business

1.3.1. Concept and characteristics of the law regulating the conditions for doing business in food and beverage services

1.3.1.1. Concept of law regulating conditions for food service business

According to the State and Law textbook of the Faculty of Law, Hanoi National University, law is a system of general mandatory rules of conduct set forth or recognized by the state, expressing the state will of the ruling class on the basis of recognizing the needs and interests of the whole society, guaranteed by the state to regulate social relations with the purpose of social order and stability for the sustainable development of society.

From the above concept, the law regulating the conditions for food service business can be defined as follows: The law regulating the conditions for food service business is a synthesis of regulations issued by the state to regulate social relations arising in the process of state management of food safety activities regarding the conditions for food service business .

Understanding the characteristics of the law regulating the conditions for food service business is important in perfecting the law on food safety in general and the conditions for food service business in particular. It can be seen that the law regulating the conditions for food service business has the following characteristics:

Firstly , the law on regulating the conditions for food service business is stipulated in many legal documents such as the 2010 Law on Food Safety, the 2015 Penal Code, the Law on Inspection, the Law on Technical Standards and Regulations, Decree No. 15/2018/ND-CP guiding a number of articles of the Law on Food Safety, Circular 30/2012/TT-BYT regulating food safety conditions for food service establishments and street food businesses, Decree No. 178/2013/ND-CP of the Government dated November 14, 2013 regulating administrative sanctions for violations of Food Safety...

Second , the law regulating the conditions for food service business is a new legal system. Compared to other legal systems such as criminal law, civil law, marriage and family law, etc., the legal system regulating the conditions for food service business was born later.

Third , the law regulating the conditions for food service business has a narrow scope, including legal norms regulating social relations arising in the process of state management of food service business activities, and is a part of the national food safety legal system.

The law regulating the conditions for food service business has institutionalized the Party and State's policies on the conditions for food service business and protecting people's health.

1.3.1.2. Criteria for assessing the perfection of laws regulating conditions for food service business

Given the above-mentioned situation of the legal system, to have quality, it is required that legal documents regulating the conditions for doing business in food and beverage services must be issued by the correct authority, in accordance with the prescribed order and procedures, have names that are appropriate to the expressed content, have a clear form, have tightly structured and logical content, and legal terms must be used accurately and with one meaning.

The text is clear, concise, easy to understand, and suitable for the general public's ability to perceive.

The quality of the law regulating the conditions for food service business is one of the bases to ensure the implementation and application of the law to achieve high results in practice, and at the same time allows to predict the possibility of realizing legal regulations in social life. If the quality of the law regulating the conditions for food service business is low and the feasibility is poor, then their implementation will encounter many difficulties, and there are even legal regulations that sometimes cannot be implemented in practice.

To evaluate the quality of the law on regulating the conditions for doing business in food and beverage services in Vietnam, to determine its level of completion, it is necessary to rely on theoretically determined criteria, from which to relate to the actual conditions and circumstances in each specific period, to consider objectively and draw conclusions, clarifying the advantages and disadvantages of the legal system.

There are many criteria to determine the quality of laws regulating the conditions for doing business in food and beverage services in Vietnam, including the basic criteria: comprehensiveness, consistency, uniformity, suitability, language, law-making techniques and feasibility of the legal system.

In which, the law regulating the conditions for doing business in food and beverage services is comprehensive and synchronous, reflected in its formal structure. As a part of the legal system, the law regulating the conditions for doing business in food and beverage services must be able to fully meet the need for legal regulation in important areas of social life. Legal regulations must be able to cover the entire social life, so that important social relations that are typical and common need to be regulated by law.

are regulated by law.

In terms of structure, each legal norm regulating the conditions for food service business must have a logical and tight structure; each legal regime has all the necessary legal norms.

CONCLUSION OF CHAPTER 1

In Chapter 1, the author went from the general concept of business conditions to defining the concept of food service business conditions as follows: Food service business conditions are standards that food service business people must meet during their operations under the supervision and inspection of competent state agencies with the aim of ensuring food safety and public health . food safety control. From there, it is possible to define the law regulating food service business conditions: The law regulating food service business conditions is a synthesis of regulations issued by the state to regulate social relations arising in the process of state management of food safety activities regarding food service business conditions .

Conditions for ensuring food safety are technical standards and other regulations for food, food production and trading establishments and food production and trading activities issued by competent state management agencies with the aim of ensuring food safety for human health and life. Based on the provisions of the law and the above analysis, it can be seen that the current food safety control has many shortcomings and overlaps. The application of the law shows that due to the differences in criteria, classification and objectives, it is difficult for businesses and law enforcers to understand and apply.

Chapter 2

LEGAL STATUS ON CONDITIONS FOR BUSINESS IN FOOD AND BEVERAGE SERVICES

2.1. Basic content of the law on conditions for food service business

2.1.1. Regulations on conditions for food service business

2.1.1.1. Regulations on business conditions of food service establishments

+ Conditions for granting a Certificate of food safety qualified facility

Product:

People who want to do food service business can choose 2 forms.

Business forms include: individual households or business registration. For individual households, business registration can be done at the District People's Committee. When a business household employs 10 or more employees, it must register to establish a business according to the provisions of Decree 78/2015/ND-CP of the Government on business registration. After obtaining a business registration certificate, the enterprise must carry out procedures to apply for a Certificate of food safety qualified facility according to the provisions of Article 34 of the Law on Food Safety and Hygiene 2010.

A certificate of food safety eligibility is one of the mandatory factors when individuals and organizations conduct food production and trading. A certificate of food safety eligibility is granted to production and trading establishments that meet the following conditions: Having sufficient conditions to ensure food safety suitable for each type of food production and trading according to the provisions of Chapter IV of the 2010 Food Safety Law. Having registered the food business line in the Business Registration Certificate.

To be granted a Certificate of food safety eligibility, in addition to the requirements on facilities, equipment, and hygiene conditions during the production process; there must be additional conditions on human resources, that is, the enterprise must provide a Certificate of knowledge on food safety of the owner of the establishment and the person directly processing and providing food services and the health examination results of the owner of the establishment and the person directly processing and providing food services.

According to Article 12 of Decree No. 15/2018/ND-CP detailing the implementation of a number of articles of the 2010 Law on Food Safety, the following establishments are not eligible for a Certificate of Food Safety Eligibility: Food production and trading without a fixed location; Small-scale food business; Restaurants in hotels; Collective kitchens without a food business registration; Street food business.

+ Conditions to ensure food safety in small-scale food production and business

Chapter IV of the 2010 Law on Food Safety stipulates conditions for ensuring food safety in food production and trading. This Chapter consists of 5 Sections. Article 22 of the 2010 Law on Food Safety stipulates conditions for ensuring food safety in small-scale food production and trading as follows: Small-scale food production and trading establishments must comply with the following conditions for ensuring food safety: Having a safe distance from sources of toxicity and pollution; Having enough water that meets technical standards for food production and trading; Having appropriate equipment for food production and trading that is not toxic or polluting to food; Using raw materials, chemicals, food additives, food processing aids, tools, packaging materials, and food containers in preliminary processing, processing, and preserving food; Complying with regulations on health, knowledge, and practices of people directly involved in food production and trading; Collection and processing

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