Laws of Vietnam

DECISION No.747-TM/KD OF SEPTEMBER 7, 1995 OF THE MINISTRY OF TRADE TO ISSUE THE REGULATION ON BUSINESS IN POPULAR MEALS AND LODGING

THE MINISTER OF TRADE

DECIDES:

Article 1.-To issue attached to this Decision the Regulation on Business in Popular Meals and Lodging.

Article 2.- This Regulation takes effect from the date of its signing. All earlier regulations which are contrary to this Regulation are now annulled.

Article 3.- This Regulation shall apply to all organizations and individuals of all economic sectors throughout the country that do business in popular meals and lodging. The Directors of the Department for Business Management, the Department for Market Management and the Trade Services in the provinces and cities are responsible for guiding and organizing the implementation of this Decision.

For the Minister of Trade

Vice Minister

TRUONG DINH TUYEN

(Issued attached to Decision No.747-TM/KD of September 7, 1995 of the Ministry of Trade)

Chapter I

GENERAL PROVISIONS

Article 1.- All organizations and individuals, irrespective of their economic sector and whether they are Vietnamese or permanent foreign residents, who wish to engage in business in popular meals and lodging must satisfy all the conditions provided for in this Regulation.

Article 2.- In this Regulation, the following terms are understood as follows:

2.1. Business in popular meals is an activity in which food and foodstuff are used as materials to be processed on the spot with simple technology and techniques into dishes and drinks to cater to the need for popular foods of customers, in the forms of dining houses and eateries (hereafter referred to as popular restaurants); the dishes are affordable to the majority of the population and are produced mainly by those who operate their businesses with a capital below the prescribed level.

2.2. Business in lodging is an activity in which the lodge is rented out to passingby customers on daily or hourly basis (overnight or not overnight) with only a minimal level of comfort; and a rent affordable to the majority of the population. It is offered mainly by those who operate their business with a capital below the prescribed level.

Article 3.- The following activities are not regulated by Articles 5 and 8 of this Regulation:

3.1. The peddling of light foods and refreshments.

3.2. The canteening within the premises of offices, organizations, hospitals, schools, stationing places of the armed forces, etc.

3.3. The sale of packaged stuffs such as candies, beverages, bottled refreshments, canned foods, cigarettes, etc.

Article 4.-The Ministry of Trade shall exercise its State management function over businesses in popular meals and lodging throughout the country. The provincial Trade Services shall exercise their State management functions over these businesses in their respective localities.

Chapter II

CONDITIONS FOR OPERATION AND PROCEDURE FOR CERTIFICATION

Article 5.- A person who does business in popular meals and lodging must satisfy the following conditions:

5.1. To be a Vietnamese citizen or a foreign national who is legally residing in Vietnam; to be 18 years old or above; and to have a permanent address of residence.

5.2. To have a permanent place to operate the business. The business place must comply with law and the existing legal documents of the State on hygiene and antiepidemic sanitation, safe to the surrounding environment and to public traffic and social order.

It is strictly forbidden to use urban pavements for catering business. The provincial Trade Service shall cooperate with the concerned agencies to determine a number of special streets where a part of the inner pavements may be used for this business, and submit it to the provincial People's Committee for approval and publicity.

5.3. To have the minimal amount of facilities and equipment as required in Appendix 1 (on popular restaurant) and in Appendix 2 (on lodging).

5.4. The popular restaurant and lodging house must be well ventilated and well lit, located at least 100 meters away from public lavatories, garbage areas and stagnated waters; from 100 meters to 500 meters away from production facilities which produce much dust or harzardous wastes, or hospitals which may spread contagious diseases; and must have proper water supply and drainage systems.

5.5. The lodging house must have a system of clean water closets and bathrooms which can serve the maximum number of customers.

5.6. To have a normal health and be free from the contagious diseases as specified by the Ministry of Health.

5.7. Business in lodging must also have the conditions to ensure security and social order, and have the endorsement of the police at the place of business.

Article 6.- The following people are not allowed to do business in popular meals and lodging:

6.1. Public employees and managerial personnel who are working in administrative offices and State businesses; officers of the armed forces; elected officials who are holding government positions at all levels.

6.2. People who suffer from one of the diseases listed in Appendix 3.

6.3. Business people who are being sanctioned administratively and the sanctions are still effective.

Article 7.- The following people are not allowed to do business in lodging:

7.1. Those who are being kept under house arrest, or athome reeducation, or serving suspended sentences.

7.2. Those who are being examined for penal liability or involved directly in criminal cases which are being investigated by authorized agencies.

7.3. Those who have been earlier convicted of crimes against national security or other crimes which are directly linked with the lodging business. Those who have been earlier convicted of crimes in which they took advantage of their lodging business to operate prostitution or drug abuse, gambling, etc.

Article 8.- The people who do business in popular meals and lodging business must acquire a written certification to the effect that they are qualified to engage in the business, which will serve as the basis for their application for a new or upgraded license.

The agencies which are authorized to issue the qualification certificates for those who wish to engage in the business of popular meals and lodging are the Trade Services of the provinces and cities. The procedures and modalities for issuing the certificate are specified in Item III.2 of Circular No.13-TM/CSTTTN of June 21, 1995 of the Ministry of Trade.

Article 9.- The dossier for application for the qualification certificate is composed of:

9.1. The application for business license (if it is a new business); or the application for upgrading or changing a business license (if a business is being engaged). The application form for business license is Form M1.GPKD issued attached to Circular No.07-TM/DL of May 18, 1992 of the Ministry of Trade and Tourism (now the Ministry of Trade).

9.2. The health certificate which records the health status of the applicant and those who are directly engaged in the appliedfor business.

9.3. Before issuing the qualification certificate to the applicant to do business in lodging service, the issuing agency must consult the public security service to determine clearly all conditions related to social order in the business, especially the conditions specified in Decree No.17-CP of December 23, 1992 of the Government; and Circular No.03-BNV of March 27, 1993, and Decision No.446-BNV/QD of November 25, 1993 of the Ministry of the Interior.

Chapter III

MINIMAL REGULATIONS TO BE COMPLIED WITH

Article 10.-On environmental sanitation and safety in business:

10.1. Wastes and discarded materials must be contained in boxes and baskets which have proper lids and be disposed of everyday.

10.2. Measures must be taken periodically against mice, flies, mosquitoes and bugs as required and guided by the local health service.

10.3. Restaurants which are located near to dusty traffic roads must take proper measures against dust.

10.4. The business places for dining and lodging must have the minimal facilities to provide safety against fire as required by the public security service.

Article 11.- On personal hygiene in the business:

11.1. Those who work at popular restaurants and lodging houses must take health examination before recruitment and subsequently a health checkup every 12 months.

11.2. Those who are in charge of the business units are responsible for organizing periodical health examinations for their employees. Those employees who suffer from one of the diseases listed in Appendix 3 shall take temporary leaves to treat the disease, or shall be moved to another job.

11.3. Those who run the kitchen and refreshment bar:

- Must firmly grasp the requirements in food hygiene;

- Must comply with the hygiene requirements for storage, transportation and processing of foods and customer's service.

- Must strictly observe requirements for personal hygiene during the preparation of foods and service (in accordance with the Regulation on Hygiene and Sanitation which was issued attached to Decree No.23-HDBT of January 24, 1991 of the Council of Ministers (now the Government).

Article 12.- The hygiene for foods and processing equipment in restaurant business:

12.1. The materials must assure the nutritional quality required for each of them and must not be stale or spoiled, or infested with parasites, bugs or toxic chemicals.

12.2. It is not allowed to use additives of unknown origin or with broken seals or damaged packages. Only the dyes and additives which are listed in Appendix 4 by the Ministry of Health may be used.

12.3. Prepared and instant foods must be covered or packaged well before put up for sale to customers.

12.4. The equipment and tools for processing, containing and storing foods and refreshments must meet the requirements on hygiene and sanitation (in accordance with Decision No.505-QD of April 13, 1992 of the Ministry of Health); they must be cleaned after use.

12.5. The principle on food hygiene must be observed in the process of preparing vegetables, roots and fruits. All preparations must be done on tables, not on the floor.

Article 13.- The water to be used in preparing foods and meals must meet the requirements on hygiene as required by the health service for clean water.

Article 14.- When the food or drink is found or suspected to be contaminated by poison, all those present (including the restaurant owner and customers) must report to the nearest health service.

The food and drink which are suspected of poisoning must be retained for further investigation.

The owner of the restaurant where the poisoned food or drink is discovered has to cover all expenses incurred by the medical examination and treatment for the victims, and pay the cost for investigation into the causes of the poisoning.

Article 15.- On the safety of the lodging house:

15.1. The rooms must be regularly cleaned and kept free from nasty odor and mould. They must be kept absolutely free from rat, bug and other potential germ carrier insects.

15.2. Customers shall not be allowed to bring into their rooms animals (dog, cat, chicken, duck, etc.) or raw foods, foods with strong smells (shrimp paste, fish sauce, dried squid<%-2>, etc.), explosives, inflammable substances, poisons, weapons, or to cook in the rooms. If a customer has these things with him/her, there must be a place for their keep throughout the customer's stay.

Chapter IV

CONTROL AND HANDLING OF VIOLATIONS

Article 16.-The Director of the Department for Business Management and the Director of the Department of Market Management of the Ministry of Trade, the Directors of the provincial Trade Services and the Directors of the local branches of the Department of Market Management shall, in conformity with their functions, organize and coordinate with the concerned offices to control, inspect and handle acts of violations of the business license (or registration), the conditions for business and the observance of the minimal business conditions required by law and this Regulation.

The market management teams must have plans to cooperate with the local health and security services to maintain constant control over this business in their localities.

Article 17.- Handling of violations:

17.1. Organizations and individuals that do business in popular meals and lodging service and that violate any of the provisions of this Regulation shall, depending on the extent of the offence and their consequences, be subject to penalties under the Ordinance on Administrative Sanctions or examined for penal liability.

17.2. Organizations and individuals that misuse their positions and powers to contravene the provisions of this Regulation shall, depending on the extent of the offence, be subject to administrative sanctions or examined for penal liability.

For the Minister of Trade

Vice Minister

TRUONG DINH TUYEN

APPENDIX 1

LIST OF MINIMUM EQUIPMENT REQUIRED IN POPULAR CATERING SERVICE

1. Primary processing:

- Bowls, plates, chopsticks.

- Pots, basins (enamel or aluminium)

- Cotton towels

- Cutting knives

- Devices in bamboo lattice or wire mesh to protect food from flies and dust (cupboard screened with wire mesh to keep prepared food)

2. Cooking:

- Stoves (fuelled by coal, firewood, rice husk, gas, electricity or petroleum)

- Pans

- Cooking pots

- Food preparation table

- Bowls and plates

- Washing basins

- Knives of various kinds

- Wooden chopping blocs (used separately for cooked and uncooked food)

3. Catering service:

- Dining tables

- Chairs

- Bowls, chopsticks, spoons

- Vessels or cellars to hold spice

- Holders for toothpicks and chopsticks

Note: The specific number shall be calculated according to the average number of customers

APPENDIX 2

LIST OF MINIMUM EQUIPMENT REQUIRED IN LODGING BUSINESS

- Separate sleeping rooms for men and women

- Single and double beds

- Sleeping mats

- Mosquito nets (depending on the size of the bed)

- Blankets (depending on the season)

- Lamps (fuelled by petroleum, accumulators), candles

- Cushions (cotton, plaited rattan or stuffed with dried bean husk)

- Basins for bath and washing

- Separate bathrooms and toilets for men and women

- A storage room for keeping customers' belongings

Note: The concrete quantity shall be based on the average number of lodgers.

APPENDIX 3

LIST OF CONTAGIOUS DISEASES

A person who has contracted one of the following contagious diseases shall not be allowed to do jobs which require direct contact with food and shall not engage in catering and lodging service.

- Tuberculosis

- Dysentery

- Typhoid

- Diarrhoea, cholera

- Boil and furuncles

- Incontinent in urinating and defecating

- Infectious hepatitis

- Nasal or laryngic inflammation

- Skin diseases

- Venereal diseases

- Healthy persons affected with viruses of intestinal diseases shall also not be enrolled into these services

(Excerpts from the Food and Foodstuffs Hygiene Standards, Decision No.505-BYT/QD of April 13, 1992 of the Ministry of Health).

APPENDIX 4

FOOD COLORING MATTERS ALLOWED FOR USE IN THE PROCESSING OF FOOD AND FOODSTUFFS

A .- ORGANIC COLORING COMPOUNDS:

POPULAR NAMES

International code names

SCIENTIFIC NAMES

- Yellow coloring matter: Tartrazine

- Sun yellow: Sunset yellow FCF

- Blue coloring matter:

Indigocarmine

- Blue coloring matter:

Brilliant blue FCF

- Red coloring matter: Engthrosine

- Red coloring matter: Amaranth

- Red coloring matter: Ponceau 4 R

- Red coloring matter: Carmoisine19140

15985

73015

42090

45430

16185

16255

14720

Trisodium salt 5-P-Sulphophenyl-4-sulphopheny lazopyrazole-3-carbosilic acid

Disodium salt I-P-Sulphophenylazo 2-naphtol-6-sulphonic acid

Disodium salt of indigo-5-5 disulphonic acid and indigo-5-7-disulphonic acid.

Disodium salt 4 -(4-N-ethyl-p-sulpho-benzyamino)- phenyl (2-sulphniumphenyl) methylene-I-(N-ethyl-N-p- sulphobenzyl) - detta 2,5-cychesadienimy

Disodium or potassium of 2:4:5:7-tetraiodofluerescein

Trisodium salt of I-(4-sulpho-naphthtyl-azo)-hydroxylnaph thalen-3,6-disulphonic acid.

Trisodium salt of I-( I-sulpho-I-naphthylaazo) -2-napthol-6: 8 disulphonic acid

Disodium salt of 2-(4-sulpho-I-naphthylazo)-I-naphthoi-4- sulphonic acid.



LIST OF FOOD ADDITIVES AND ALLOWED DOSAGE

(sweeteners)

(The name of the sweetener must be written on the label when used. When the sweetener is imported, manufactured or sold wholesale or in retail or used in the processing of food, it must be registered for permit at the Municipal or Provincial Health Service).

LISTMaximum limit used in food(mg/kg)1. Sorbitol (with purity degree not lower than 80% of C5H14O6 in dry weight)

2. Saccharin (2-sulphobenzoic imit) (saccharin)(with purity degree not lower than 99% of saccharin )

3. Natrium saccharinate (Natri-2-Sumphobenzoic imite) (Saccharin Sodium) (with purity degree not lower than 99% of anhydrous sodium Saccharin in dry weight)

4. Aspartame (Ester Methyl of Aspartame) (with purity degree not lower than 98.0-102.0% of Aspartame in dry weight).Food for the processing of confectioneries, fruit juices and refreshments containing CO2, yogurt, Coca compound, coffee, icecream and crushed fruits, instant foods, desserts... Aspartame capsule, dried fruits and composite dry foods5

50

200-2000

10000-20000

(Excerpts from the Food and Foodstuffs Hygiene Standards issued together with Decision No.505-BYT/QD of April 13, 1992 and the supplementary Decision No.1057/BYT-QD of November 21, 1994 of the Ministry of Health).-