Tiếng Việt
Recently, the authorities have continuously discovered and arrested the production and trading of “dirty” food, which is evidence of the blatant disregard for human health, life and the law by some unscrupulous organizations and individuals. Trading in dirty food will face many sanctions. In addition, the owner of the establishment may have his/her license to operate in the food sector revoked, be compensated for damages, and be placed under special control.
1. What is dirty food?
Dirty food is a general term for foods that contain substances that are harmful to the health of consumers. They are often chemicals and antibiotics that exceed the safety level allowed by the Ministry of Health in the current farming process. In addition, dirty food can also contain harmful compounds from the penetration and development of bacteria, mold, and even viruses during the process of improper preparation, processing and preservation of food.
It can be said that currently, there are still many food production and trading establishments that use toxic chemicals, growth stimulants, and detergents in food during the production process to make profits, reduce costs, and disregard food safety and hygiene standards. The production process, from cultivation, animal husbandry to processing and preservation in many places, does not meet standards; the production environment is not guaranteed, and there is no valid license.
2. Sanctions for business establishments violating food safety and hygiene
Violation of food safety regulations is the act of processing, supplying or selling food knowing that the food does not meet food safety standards, causing loss of life or serious damage to the health of consumers.
a. On administrative sanctions
According to Clause 1, Article 3 of Decree 115/2018/ND-CP , the maximum fine for an administrative violation of food safety is VND 100,000,000 for individuals and VND 200,000,000 for organizations (except for the cases specified in Clause 5, Article 4; Clause 6, Article 5; Clause 5, Article 6; Clause 7, Article 11; Clauses 1 and 9, Article 22; Clause 6, Article 26 of Decree 115/2018/ND-CP ) .
Specifically, for violations of regulations on the use of chemicals in food production and processing, one of the following penalties may be applied:
“ 1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of using substances or chemicals that have expired or do not have an expiration date.
2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for using substances or chemicals exceeding the permitted limit or not meeting the corresponding technical standards and food safety regulations.
3. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for one of the following acts:
a) Using substances, chemicals, antibiotics, veterinary drugs, and pesticides that are prohibited or not on the list of permitted substances in food production and processing with a product value of less than VND 10,000,000;
b) Using substances, chemicals, antibiotics, veterinary drugs, and pesticides that are not permitted for use or circulation in Vietnam in food production with a product value of less than VND 50,000,000.
4. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed for one of the following acts:
a) Using substances, chemicals, antibiotics, veterinary drugs, pesticides banned from use or not on the list of permitted use in food production and processing where the product value is from VND 10,000,000 or more but not to the extent of criminal prosecution;
b) Using substances, chemicals, antibiotics, veterinary drugs, and pesticides that are not permitted for use or circulation in Vietnam in food production where the product value is from VND 50,000,000 or more but not to the extent of criminal prosecution .
In particular, for the act of using prohibited chemicals, chemicals not on the list of permitted chemicals, not yet permitted for use or not yet permitted for circulation in Vietnam in food production and processing, in cases where the highest fine level (not yet subject to criminal prosecution) of the corresponding fine bracket has been applied but is still lower than 7 times the value of the violating food, the fine level will be increased from 5 to 7 times the value of the violating product.
In addition, violators are also subject to additional penalties such as partial or total suspension of food production and processing activities; revocation of the right to use the Certificate of Product Declaration Registration for products subject to product declaration registration. At the same time, remedial measures are taken such as forcing the destruction of violating foods and chemicals; forcing the withdrawal of the self-declared product for products subject to self-declared violating products.
b. On criminal liability
According to the 2015 Penal Code, amended in 2017, it is stipulated that:
“Article 317. Offences against regulations of law on food safety
1. A person who commits any of the following violations against regulations of law on food safety shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of 01 – 05 years’ imprisonment:
a) Using substances, chemicals, antibiotics, veterinary medicines, pesticides, food additives or food processing aids in the knowledge that they are banned or are not on the list of permissible substances for food production to produce an amount of foods assessed at from VND 10,000,000 to under VND 100,000,000 or while having incurred an administrative penalty for any of the offences specified in this Article or having a previous conviction for the same offence ;
b) Using animals that died of diseases or epidemics or animals that have to be burned for production of foods; selling foods in the knowledge that they are derived from animals that died of diseases or epidemics or animals that have to be burned with an amount of illegal products assessed at from VND 10,000,000 to under VND 100,000,000 or while having incurred a administrative penalty for any of the offence specified in this Article or having an unspent conviction for the same offence ;
c) Using substances, chemicals, antibiotics, veterinary medicines, pesticides, food additives or food processing aids in the knowledge that they have not been permitted in Vietnam for food production to produce an amount of foods assessed at from VND 100,000,000 to under VND 300,000,000 or produce an amount of foods assessed at from VND 50,000,000 to under VND 100,000,000 while having incurred an administrative penalty for any of the offences specified in this Article or having a previous conviction for the same offence ;
d) Importing, supplying or selling food in the knowledge that they contain banned substances or substances not on the list of permissible substances with the amount of illegal products assessed at from VND 10,000,000 to under VND 100,000,000 or illegal profit from VND 5,000,000 to under VND 20,000,000 or while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence which have not been expunged;
dd) Importing, supplying or selling food in the knowledge that they contain banned substances or substances not on the list of permissible substances with the amount of illegal products assessed at from VND 100,000,000 to under VND 300,000,000 or illegal profit from VND 50,000,000 to under VND 100,000,000; the amount of illegal products assessed at from VND 50,000,000 to under VND 100,000,000 or illegal profit from VND 20,000,000 to under VND 50,000,000 while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence which have not been expunged;
e) Committing any of the offences specified in Point a through dd of this Clause; processing, supplying or selling food in the knowledge that it does not comply with technical regulations or regulations on food safety and as a result causing serious food poisoning for 05 – 20 people or causing 31% – 60% WPI for another person.
2. Committing a crime in one of the following cases shall be subject to a fine of from VND 200,000,000 to VND 500,000,000 or imprisonment from 03 to 07 years:
a) The offence is committed by an organized group;
b) The offence results in the death of a person;
c) The offence causes serious food poisoning for 21 – 100 people;
d) The offence causes ≥ 61% WPI for another person;
dd) The offence causes a total WPI of 61% – 121% for more than one person;
e) The amount of food that contains banned substances or substances not on the list of permissible substances is assessed at from VND 100,000,000 to under VND 300,000,000 or the illegal profit earned is from VND 20,000,000 to under VND 100,000,000;
g) The amount of food derived from animals that died of diseases or epidemics or animals that have to be burned is assessed at from VND 100,000,000 to under VND 300,000,000;
h) The amount of food that contains banned substances that have not been permitted in Vietnam is assessed at from VND 300,000,000 to under VND 500,000,000 or the illegal profit earned is from VND 100,000,000 to under VND 200,000,000;
i) Dangerous recidivism.
3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 to 15 years:
a) The offence results in the death of 02 people;
b) The offence causes serious food poisoning for 101 – 200 people;
c) The offence causes a total WPI of 122% – 200% for more than one person;
d) The amount of food that contains banned substances or substances not on the list of permissible substances is assessed at from VND 300,000,000 to under VND 500,000,000 or the illegal profit earned is from VND 100,000,000 to under VND 300,000,000;
dd) The amount of food derived from animals that died of diseases or epidemics or animals that have to be burned is assessed at from VND 300,000,000 to under VND 500,000,000;
e) The amount of food that contains banned substances that have not been permitted in Vietnam is assessed at from VND 500,000,000 to under VND 1,000,000,000 or the illegal profit earned is from VND 200,000,000 to under VND 500,000,000.
4. This offence committed in any of the following circumstances carries a penalty of 12 – 20 years’ imprisonment:
a) The offence results in the death of ≥ 03 people;
b) The offence causes serious food poisoning for ≥ 201 people;c) Causing harm to the health of 03 or more people, with the total body injury rate of these people being 201% or more;
d) Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids that are prohibited or not on the list of permitted substances, worth VND 500,000,000 or more, or illegal profits of VND 300,000,000 or more;
d) Food using raw materials from animals that died of disease, epidemics or animals that have been destroyed, worth VND 500,000,000 or more;
e) Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids that are not permitted for use or circulation in Vietnam, worth VND 1,000,000,000 or more, or illegal profits of VND 500,000,000 or more.
5. The offender may also be fined from VND 20,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.”