Individuals and businesses that want to go into production and business of coffee products must comply with the conditions and procedures in accordance with current laws.
- Business registration
To do business in coffee production, it is possible to register as a business household or an enterprise . Choosing the type of business depends on the conditions of the businessperson.
- Business household registration:
An application file for business registration of a business household specified in Article 71 of Decree 78/2015 ND-CP includes:
- Application for business household registration;
- Full name, number and date of issue of the people’s identity card, residential address and signatures of individuals establishing business households, for business households run by groups of individuals;
- A valid copy of the valid citizen’s identity card or people’s identity card or passport of the individuals participating in the business household or the representative of the household;
- In case a business household is established by a group of individuals: a valid copy of the minutes of the individual group meeting on the establishment of the business household.
Dossier to be submitted at the Finance – Planning Department of the district-level People’s Committee (district business registration agency) where the business location is located. In case the application is valid, the business household will be granted a business household registration certificate within 03 working days from the date the district-level business registration office receives the application.
- Enterprise establishment registration:
In the enterprise law, there are 5 types of enterprises: private enterprises, partnerships, 1-member limited liability companies, limited liability companies with 2 or more members, joint-stock companies and registration dossiers for membership. establishment of the above types of enterprises are specified in Articles 21, 22 and 23 of Decree 78/2015 ND-CP. Each different type of company will need different types of documents to complete the company incorporation profile, basically, the profile will include the following main components:
- Application for business registration
- Company establishment charter (for private enterprises, it is not necessary)
- List of members for limited liability companies, partnerships, list of founding shareholders for joint stock companies
- ID card/passport/Citizen identity certified true copy of members, shareholders, legal representatives
- …
The application is submitted at the Business Registration Office of the Department of Planning and Investment where the enterprise’s head office is located. The Business Registration Office shall issue the Certificate of Business Registration within 3 working days from the date of receipt of a valid application.
After being granted a business registration certificate, the establishment owner must carry out the procedures for opening an account, paying license tax, making initial tax declarations, and registering for the use of invoices.
- Apply for a certificate of eligibility for food safety (food safety)
According to the Law on Food Safety, food production and business is a conditional activity whereby, in order to produce and trade coffee, businesses need to have a certificate of eligibility for food safety.
The order and procedures for applying for a certificate of satisfaction of food safety conditions (food safety certificate) are specified in Article 18 of Circular 45/2014, whereby the dossier includes:
- Application form for food safety certificate (Appendix VI, issued together with Circular No. 45/2014/TT-BNNPTNT)
- Certificate of business registration
- An explanation of the establishment’s food safety assurance conditions (description of products, equipment to ensure food safety, layout diagram of production premises, waste treatment system, etc.) according to Appendix VII to Circular 45 /2014/TT-BNNPTNT)
- List of establishment owners and people directly producing and trading food that have been granted certificates of knowledge on food safety
- List of establishment owners and persons directly engaged in food production and trading who have been granted a health certificate by a district-level or higher health facility (Health certificate)
Regarding the authority to issue food safety certificates, according to Joint Circular 13/2014, coffee is under the management of the Ministry of Agriculture and Rural Development, and the specialized agency assigned to manage is the Sub-Department of Agricultural Quality Management. forestry and fishery products. Thus, submit the certificate of food safety to the coffee production facility at the provincial Sub-department for quality management of agricultural, forestry and fishery products where the head office is located.
Within 15 working days from the day on which the complete application is received, the food safety certificate-issuing agency shall verify the dossier and conduct a physical inspection of food safety conditions at the establishment. Content of appraisal: Check the legality of the application for registration for issuance of the Certificate to the competent authority with the original dossier kept at the establishment; Appraisal of food safety conditions at the establishment according to regulations. Within 5 days from the date the appraisal result at the establishment is “Pass”, the agency shall issue the Food Safety Certificate.
Food safety certificates are valid for 3 years from the date of issue.
Note: According to the above profile, there must be a certificate of knowledge about food safety and a health certificate for the owner and the person directly involved in coffee production and trading. Establishment owners and employees directly involved in coffee production and processing register for health check-ups and health checks at hospitals recognized by the Department of Health. Regarding certificates of food safety knowledge, documents and procedures are more complicated.
Article 10 of Circular 13/2014 stipulating the application for a certificate of food safety knowledge includes:
- Application for certification of knowledge about food safety
- List of subjects requesting certification of food safety knowledge
- Copy of Certificate of Business Registration
- Proof of payment of fees
Based on the principle that the agency that issues the certificate of the establishment meeting all food safety conditions, that agency has the authority to issue a certificate of food safety knowledge, after completing the application and submitting it to the Sub-Department of Food Safety. quality management of agricultural, forestry and fishery products.
Within 10 working days, from the date of receipt of complete and valid dossiers, the competent authority shall make a plan to confirm the knowledge of food safety and send a notice of the time to conduct the certification of knowledge. Food safety awareness for organizations and individuals. Within 3 working days from the date of participating in the assessment (test date), the agency is responsible for granting a certificate to the test participants who correctly answer over 80% of the questions on food safety knowledge. The certificate of food safety knowledge is valid for 3 years from the date of issue.
III. Comply with regulations on packaging, trademarks and trademarks for coffee products
- Coffee packaging:
According to Vietnamese standards on coffee packaging such as TCVN 5250:2015, TCVN 5251:2015…, coffee packaging must meet the following requirements: dry, clean, non-hygroscopic, specialized for food.
- Goods label:
Goods labels printed on packages are prescribed in Decree 43/2017/ND-CP on labeling of goods. According to this decree, coffee is classified as a food product, the labeling of coffee is required to have the following contents:
- Quantitative
- Date of manufacture
- Expiry
- Ingredient or ingredient quantity
- Warning information
- Instructions for use, instructions for maintenance
In addition, attention must be paid to the position of the label where the content can be observed and seen; size, color, sign, language of presentation, etc., the goods label must comply with Decree 43/2017.
- Brand:
It is possible to register a trademark or not, this job is not mandatory, but it is recommended to register for trademark protection to establish ownership of the mark to ensure your future interests. In case other people use the trademark to confuse or imitate their own brand and for the same type of product, causing competition, loss of market share, loss of reputation, etc., the law has almost no protection for non-branded goods. register. However, in order to be granted a protection title, the mark must be able to distinguish it from other goods and services.
Dossier for registration of trademark protection is specified in Article 7 of Circular 01/2007. The required documents include:
- Registration form
- Sample of trademark and list of goods and services bearing the mark
- Documents (copy) of payment of fees and charges
After completing the application, it will be submitted to the National Office of Intellectual Property. According to the provisions of the Intellectual Property Law, the time to examine a trademark application is 1 year. The protection title is valid throughout the territory of Vietnam and expires 10 years from the date of application.
- Announcement of product circulation to the market
According to Decree 15/2018 to circulate coffee products, enterprises self-declare products in accordance with food safety regulations before circulation. Self-declared documents include:
- Product self-declaration (Form No. 01, Appendix I of Decree 15/2018)
- The certificate of results of food safety testing of the product within 12 months from the date of application is issued by a designated testing laboratory or a laboratory accredited in accordance with ISO 17025 (original or copy of the certificate). real).
The order of self-declaration of products is as follows: Organizations and individuals self-publish their products on the mass media or their website or publicly post them at the headquarters of the organization or individual. and publish on the Information System of updated data on food safety and submit 1 copy to the Food Safety Management Board for storage. Immediately after self-announcing products, organizations and individuals are entitled to produce and trade products.
Note: According to the above regulations, to be able to declare coffee products, it is necessary to test the product. Depending on the coffee product: powdered coffee, green coffee, instant coffee, coffee beans, etc., there are different safety testing criteria, but basic coffee testing criteria such as: Sensory criteria, physico-chemical criteria, microbiological criteria, heavy metal criteria, mycotoxins … must be based on the following regulations:
- Decision 46/2007/QD-BYT stipulating the maximum limit of biological and chemical pollution in food
- QCVN 8-1:2011/BYT National technical regulation for mycotoxin contamination limits in food
- QCVN 8-2:2011/BYT National technical regulation on limits of heavy metal contamination in food.
The owner of the production establishment contacts an organization with expertise in testing that has been licensed by the Ministry of Health to perform product sample testing and returns the test report according to the above-mentioned dossier.
The above are the basic steps for an individual or organization to go into coffee production and business, but in fact to complete the above procedures is not easy and there are many accompanying processes.
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