Vietnam: If the customer has food poisoning, is the food seller responsible for compensation?
Selling food that causes food poisoning to customers, does the seller have to compensate?
Pursuant to Article 584 of the 2015 Civil Code of Vietnam stipulating as follows:
Grounds giving rise to liability to compensate for damage
1. A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.
2. The person who causes damage shall be discharged from liability for compensation in case where the damage incurs due to force majeure events or at entire fault of the aggrieved person, unless otherwise agreed or otherwise prescribed by law.
3. If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article.
Pursuant to Article 590 of the 2015 Civil Code of Vietnam stipulating as follows:
Damage caused by harm to health
1. Damage caused by harm to health shall comprise:
a) Reasonable costs for treating, nursing and rehabilitating health, and functional losses and impairment of the aggrieved person;
b) Loss of or reduction in the actual income of the aggrieved person. If the actual income of the aggrieved person is irregular and is not able to be determined, the average income level for the type of work performed by the aggrieved person shall be applied;
c) Reasonable costs and actual income losses of the carers of the aggrieved person during the period of treatment. If the aggrieved person loses his or her ability to work and requires a permanent carer, the damage shall also include reasonable costs for taking care of the aggrieved person.
d) Other damage as prescribed by law.
2. A person causing harm to the health of another person must pay the items provided in Clause 1 of this Article together with an amount of money as compensation for mental suffering of the aggrieved person. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed fifty-month base salary prescribed by the State.
Pursuant to Article 591 of the 2015 Civil Code of Vietnam stipulating as follows:
Damage caused by harm to life
1. Damage caused by harm to life shall comprise:
a) Damage caused by harm to life prescribed in Article 590 of this Code;
b) Reasonable funeral costs;
c) Support for the dependants of the aggrieved person;
d) Other damage as prescribed by law.
2. A person causing death to another person must pay compensation for damage as provided in Clause 1 of this Article together with an amount of money as compensation for mental suffering of the closest relatives in the first line of succession to the deceased. If there are no such relatives, this sum shall be paid to the persons who were directly reared by the deceased or to the persons who directly reared the deceased. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed one-hundred-month base salary prescribed in by the State.
Thus, persons causing food poisoning, infringing upon the lives and health of others, or causing damage, must compensate the aggrieved person for reasonable expenses for medical treatment, fostering and rehabilitation, actual income, alimony for those for whom the aggrieved person is obliged to support...
In addition, compensate another sum of money to compensate for the mental loss that the person suffered.
Vietnam: If the customer has food poisoning, is the food seller responsible for compensation?
What are the food safety assurance conditions for food business activities?
Article 19 of the 2010 Law on Food Safety in Vietnam stipulates the food safety assurance conditions for food producers and traders as follows:
- Having suitable venues with appropriate areas and safety distance from toxic and contaminating sources and other harmful factors;
- Having sufficient technically qualified water for food production and trading:
- Having adequate appropriate equipment to process materials and process, package, preserve and transport different types of food: having adequate washing and sterilization equipment and tools, disinfecting fluid, and equipment for preventing and controlling insects and harmful animals;
- Having a waste treatment system which operates regularly under the law on environmental protection:
- Maintaining food safety assurance conditions and keeping records of source and origin of food materials and other documents on the entire food production and trading process;
- Complying with regulations on health, knowledge and practices of persons directly engaged in food production and trading.
- The Minister of Health, the Minister of Agriculture and Rural Development and the Minister of Industry and Trade shall promulgate national technical regulations and specify food safely assurance conditions for food producers and traders in their assigned management domains.
What is the administrative penalty for selling food causing food poisoning to consumers according to current regulations?
In addition, this unit may be penalized for administrative violations under Clause 6, Article 22 of Decree No. 115/2018/ND-CP, Clause 8 Article 22 of Decree No. 115/2018/ND-CP (amended by point e Clause 12, Article 1 of Decree No. 124/2021/ND-CP) specifically as follows:
Violations against other regulations on assurance of safety of foods in production, trading, import and supply of foods
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6. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for one of the following violations:
a) Importing, producing, processing, supplying or selling foods that cause food poisoning and harm the health of 05 persons or more if not liable to criminal prosecution;
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8. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for one of the following violations:
a) Importing, producing, processing, supplying or selling foods that fail to meet food safety requirements and thus cause food poisoning and affect the health of 05 persons or more but the violation is not serious enough for criminal prosecution;
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11. Remedial measures:
a) Enforced recall of foods if any of the violations prescribed in Clauses 1, 5, 6, 7, 8 and 9 of this Article is committed;
b) Enforced destruction of foods if any of the violations prescribed in Clauses 1, 6, 7, 8 and 9 of this Article is committed;
c) Enforced payment of costs of handling of food poisoning cases, examination and treatment for persons poisoned by foods if the violation prescribed in Point a Clause 6 or Point a Clause 8 of this Article is committed;
d) Enforced recall of the self-declaration form if the product is subject to mandatory self-declaration and any of the violations prescribed in Points a, b Clause 4, Point a Clause 5, Clauses 6, 7, 8 and 9 of this Article is committed.
Thus, if the unit in the industrial park has the act of selling food causing food poisoning, affecting the health of from 01 to 04 people but not yet reaching the level of criminal prosecution, they will be subject to a fine of from VND 40,000,000 to VND 50,000,000.
Selling food causing food poisoning, affecting the health of 5 or more people but not reaching the point of criminal prosecution, shall be subject to a fine of from VND 80,000,000 to VND 100,000,000.
In addition, forcibly recalling food, destroying food, bearing all costs for handling food poisoning, examining and treating people with food poisoning and enforced recall of the self-declaration form if the product is subject to mandatory self-declaration.
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