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On 2 February 2018, Decree 15/2018/ND-CP guiding the Law on Food Safety came into force. The new Decree supersedes Decree 38/2012/ND-CP.
Among other changes, the new Decree now provides greater clarity as to when a food establishment / business may be exempt from obtaining a Food Safety Certificate. These establishments and businesses include small-scale food retail establishments, mobile food manufacturers and sellers, sellers of pre-packaged food and restaurants within hotels).
On 15 January 2018, the Government issued Decree 09/2018/ND-CP ("Decree") to replace the decade-old Decree 23/2007/ND-CP, which notably prescribed regulations and requirements on foreign-invested companies engaged in trading and trading-related activities. The Decree came into effect on the same date.
Perhaps the most notable change introduced by the new Decree is the abolishment of the requirement by foreign-invested trading companies to obtain a Business License when they engage in export, import and whole distribution activities (except for certain restricted goods). The Decree specifies that the following business services are subject to the Business License requirement for foreign-invested companies: (i) retail distribution; (ii) logistics services not committed for market opening by Vietnam; (iii) rental of goods; (iv) commercial promotion; (v) commercial intermediary services; (vi) e-commerce services; and (vii) auctioning services.
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only
intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.
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