Laws of Vietnam

In execution of Decree No. 11/1999/ND-CP of March 3, 1999 of the Government on goods banned from circulation, commercial services banned from practice, goods and commercial services limited for business or under conditional business, the Ministry of Trade provides the following guidance on the conditions of business of the restaurants and popular food-and-drink stalls:

I. SCOPE OF APPLICATION

1. This Circular regulates the business activities of restaurants and popular food-and-drink stalls.

1.1. Restaurants are places to process and sell foods and drinks of high quality, with good material basis and with an equipment and service mode meeting the needs of all types of customers.

Restaurants comprise: restaurants specializing in food, restaurants specializing in drinks, combined food-and-drink restaurants, restaurants of specialty foods (hereunder called in common restaurants).

1.2. Popular food-and-drink stalls are establishments to process and sell foods and drinks with simple techniques and technologies in service of popular eating and drinking needs of customers at prices suited to the paying capacity of the majority of the population.

Popular food-and-drink stalls comprise restaurants, eateries, refreshment bars (hereunder called in common popular food-and-drink stalls).

2. Traders engaged in the business of restaurants and popular food-and-drink stalls must observe the conditions stipulated in this Circular.

3. Traders with foreign investments in the food-and-drink business must observe the stipulations of the Law on Foreign Investment in Vietnam and related regulations in this Circular.

II. CONDITIONS FOR RESTAURANT AND POPULAR FOOD-AND-DRINK STALL BUSINESS

Traders engaged in restaurant and popular food-and-drink business must fill the following four conditions:

He/she must be a trader, have the business license in which he/she has registered for the food-and-drink business.

2.1. Requirements for place of business:

- The place of business must be a fixed place with legal right of use.

- The place of business must be located at least 100 meters far from the area of public latrines, garbage dumps or production establishments with heavy discharge of dust and noxious substances that might cause contagious diseases.

2.2. Minimum requirement for material basis and equipment:

- For restaurants: as stipulated in Appendix 1 attached to this Circular.

- For popular food-and-drink stalls: as stipulated in Appendix 2 attached to this Circular.

3.1. Establishment of a hygienic system of supply and drainage of living water.

3.2. There must be buckets and baskets with covers to hold garbage and wastes.

3.3. There must be minimum means to ensure safety in the prevention and fight against fires as stipulated by the public security agency.

Those working in restaurants and popular food-and-drink stalls must have the health conditions suited to their business as stipulated by the Ministry of Health. Before recruitment, they must go through a health examination and after that periodically every year (12 months) must have a health check and take the necessary tests in order to detect contagious diseases.

III. REGULATIONS TO BE OBSERVED WHILE DOING THE RESTAURANT AND POPULAR FOOD-AND-DRINK STALL BUSINESS

1. Regularly assuring fulfillment of the four conditions of business as stipulated in this Circular.

2. Ensuring the requirements on hygiene in the food-and-drink business and the regulations about reporting on investigation into food and drink poisoning in Circular No. 04/1998/TT-BYT of March 23, 1998 issued by the Minister of Health. More concretely:

2.1. Requirement on hygiene for establishments engaged in the food-and-drink business (as prescribed in Appendix 3 attached to this Circular).

2.2. Regulations about reporting on investigation into food and drink poisoning:

- When detecting or suspecting a poisoning from food or drink (at least two persons who take the same food are struck by diarrhea, vomiting and stomach- ache... at the same time), the owner of the food-and-drink establishment or the responsible person has the duty to report immediately to the nearest medical agency.

- The food or drink product suspected of causing poisoning must be retained for the investigating agency to test and determine the cause.

- The food-and-drink establishment having the food or drink causing the poisoning shall have to bear full responsibility for the wrongful act and to pay all the expenditures on examining and treating the poisoned person or persons as well as expenditures on the investigation into the cause of the poisoning.

2.3. The person in charge of the unit has the responsibility to organize regular health check for the personnel. If anyone of them has contracted one of the contagious diseases as stipulated in Appendix 4, he or she shall have to temporarily stop working until he/she is cured or be transferred to another job.

3. To strictly carry out the regulations related to the food-and-drink business stipulated in Decree No. 36/CP of May 29, 1995 and Decree No. 87/CP of December 12, 1995 of the Government.

IV. HANDLING OF VIOLATIONS AND ORGANIZATION OF IMPLEMENTATION

1. Traders engaged in the business of restaurants and popular food-and-drink stalls who violate the regulations in this Circular shall, depending on the extent of the violation, be handled according to the Ordinance on the Handling of Administrative Violations or be examined for penal liability as prescribed by law.

2. The Trade Services of the provinces and cities shall have to:

2.1. Arrange and plan the network of the food-and-drink business, ensuring trade security, environmental hygiene and social order and security.

2.2. Coordinate with the Health Service, the Science, Technology and Environment Service and related agencies to guide and inspect traders of all economic sectors engaged in the food-and-drink business according to the stipulations in this Circular and to handle in time the violations as prescribed by law.

3. This Circular takes effect 15 days after its signing and replaces the stipulations on the food-and-drink business in the Inter-ministerial Circular No. 27-LB/TCDL-TM of January 10, 1996 of the General Department of Tourism and the Ministry of Trade guiding the conditions for the business of lodging places and food-and-drink restaurants, the regulations on the business of popular food and drink in Decision No. 747-TM/KD of September 7, 1995 of the Minister of Trade issued together with the Regulation on the popular food-and-drink and lodging business.

For the Minister of Trade

Vice Minister

Appendix 1

CONDITIONS FOR EQUIPMENT IN RESTAURANT BUSINESS

- The dining room must be airy, clean and lovely.

- The floor must be laid with flowered tile or parquet... level and smooth for easy mopping and cleaning.

- The walls must be whitewashed or covered with an anti-absorption paint with a soft light.

a) Wooden furniture must be firmly built and convenient.

- Dining tables and chairs of various kinds.

- Cupboards to hold eating and drinking utensils.

b) Linen articles:

- Table cloth: in flax or cotton yarn of various sizes depending on the tables so that when spread the edge falls 30 cm from the table top. If the table top is in formica or in marble the table cloth may be dispensed with.

- Napkins: made of cloth or paper.

c) Eating and drinking utensils: they must be adequate, beautiful and assorted.

- Bowls, cups, chopsticks, spoons, forks...

- Chopsticks holders.

- Boxes for spices.

- Boxes for toothpicks.

- Lighting system: It must ensure sufficient and soft light.

- Ventilation: Air-conditioners or electric fans installed at appropriate places.

- Communication: Restaurants of 50 and more seats must have a telephone.

4. W.C: There must be separate WC for men and women.

5. The restaurant must provide the menu with the price list: The menu must feature the name and price of each food and drink sold in the day.

- The kitchen must be appropriately organized to assure the needs of hygiene.

- There must be a lighting system enough for work.

- There must be a natural ventilation system in addition to electric fans.

- To ensure that the dining room is not affected by noise, smoke and odors from the kitchen.

- The kitchen floor must not be slippery and have the necessary inclination for drainage.

- There must be adequate supply of water.

a) Wooden furniture:

Tables: There must be at least the following types of tables:

+ Table for preliminary processing of foods.

+ Table for refined processing of dishes.

+ Table to dress dishes.

+ Working table.

(The table tops may be laid with stone slabs or made of stainless steel).

- Cupboards:

+ For holding spices.

+ For holding vessels.

+ For holding documents and books.

+ For holding clothes of the kitchen personnel.

- Racks:

+ Racks for vessels.

+ Racks for goods in store.

b) Linen articles: towels and various utensils.

c) Other articles:

- Cupboards for preserving foods.

- Cupboards for preserving foodstuff.

Appendix 2

CONDITIONS FOR EQUIPMENT IN POPULAR FOOD-AND-DRINK STALL BUSINESS

- The place must be clean and aerated.

- The floor must be level, smooth and easy to clean and mop.

- There must be the following minimum equipment and utensils:

+ Dining tables.

+ Seats.

+ Table cloth.

+ Bowls, chopsticks, spoons...

+ Spice boxes.

+ Toothpicks containers.

+ Chopsticks containers.

+ Tray covers.

- It must be clean and aerated.

- There must be lamps with enough light for work.

- There must be water supply and drainage systems.

- There must be the following minimum equipment and utensils:

+ Stoves (coal, firewood, paddy chaff, gas, electric, kerosene...).

+ Pots, saucepans, chopping blocs...

+ Bowls, cups, chopsticks, forks...

+ Large bowls (enameled or aluminum).

+ Washing basins.

+ Knives, chopping boards of various kinds.

Appendix 3

REQUIREMENTS ON HYGIENE AT FOOD-AND-DRINK BUSINESS ESTABLISHMENTS

- The dining room and the area for processing and preserving foods must be hygienic and clean.

- There must be enough clean water to maintain normal activities of the restaurant and food stall as well as for customers to wash their hands before eating. If water from wells and basins is used the well and basin must be covered. The well aperture must be one meter above the ground, free from outside pollution and must be cleansed, washed and kept clean.

- Garbage and wastes must be kept in baskets or pails with cover and carried away for disposal daily.

- Sewers and ditches in the area of the restaurants and eateries must be kept in continuous flow free from clogging.

- Measures must be taken to fight rats, flies and mosquitoes periodically.

- Restaurants and food and drink stalls near dusty roads must be equipped with appropriate anti-dust means.

- Chests for food, tables and chairs, racks for implements and vessels... must be cleaned regularly.

- Pots, saucepans, knives, bowls, plates and chopsticks... must be cleaned immediately after use.

- There must be separate knives and chopping-blocs for raw and cooked foods.

- Only detergents and soaps allowed for use in daily life and food processing can be used; it is forbidden to use industrial cleaning substances.

- Persons directly processing food or serving in the food and drink business must grasp the necessary knowledge of food hygiene and their responsibility and task concerning their jobs.

- Waiters and waiteresses must keep personal hygiene, have their fingernails cut short and kept clean.

- Clothes and personal effects of the personnel in the restaurant must be neatly put in the wardrobes or hung on clothes hangers and must not be put in the food processing area.

- After going to the toilet or after processing raw food or doing other jobs, they must wash their hands with soap and clean water before switching to processing food, waiting on customers and selling processed food and drinks.

- While attending to customers, they must not eat onion or garlic, drink alcohol nor smoke cigarettes nor spit on the floor.

- The origin of the food must be known before processing.

- The use of food condiments, coloring matters and synthetic seasonings, which are not on the list allowed by the Ministry of Health, is strictly forbidden.

- The materials for processing must assure the nutrients conformable with the prescriptions for each kind. It is forbidden to use stale and otherwise unfresh foods or foods originating from diseased animals to process foods and drinks.

- The cooked foods and fast foods must be covered and must be packed when sold to customers.

- Fresh vegetables must be soaked in or washed with clean water and rinsed dry before cooking or served to customers.

Appendix 4

LIST OF CONTAGIOUS DISEASES

Persons who have contracted one of the following contagious diseases are not allowed to work in direct contact with food and engage in the food and drink business:

- Tuberculosis

- Dysentery.

- Typhoid.

- Diarrhoea, cholera.

- Boils and furuncles,

- Intermittent urination and defecation.

- Viral hepatitis.

- Nasal inflammation and tonsillitis.

- Skin diseases.

- Venereal diseases.

- Healthy persons affected with viruses causing intestinal diseases.