If customers go to restaurants and get food poisoning, who is responsible for compensation in Vietnam?

If customers go to restaurants and get food poisoning, who is responsible for compensation in Vietnam?

Pursuant to Article 3 of the Law on Food Safety 2010, there are regulations on principles of food safety management as follows:

1. To assure food safety is the responsibility of all food producers and traders.

2. Food production and trading are conditional activities; and food producers and traders shall bear responsibility for the safety of food they produce or trade in.

3. Food safety management must be based on relevant technical regulations and regulations promulgated by competent state management agencies and applicable standards announced by producers.

4. Food safety management must be conducted throughout the course of food production and trading on the basis of food safety risk analysis.

5. Food safety management must ensure a clear division of responsibilities and powers and inter-sector coordination.

6. Food safety management must meet requirements of socio-economic development.

According to Clause 1, Article 584 of the 2015 Civil Code, grounds giving rise to liability to compensate for damage are prescribed:

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.

At Point a, Clause 8, Article 22 of Decree 115/2018/ND-CP as amended by Point e, Clause 12, Article 1 of Decree 124/2021/ND-CP, violations against other regulations on assurance of safety of foods in production, trading, import and supply of foods:

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 cause food poisoning and harm the health of 05 persons or more if not liable to criminal prosecution;

b) Importing, supplying or selling foods which contain substances, chemicals, food additives or food processing aids that are banned or not on the list of permitted substances, chemicals, food additives or food processing aids if the product is worth VND 10,000,000 or more, or the illegal profit earned is more than VND 5,000,000 but the violation is not serious enough for criminal prosecution;

c) Importing, supplying or selling foods which contain substances, chemicals, food additives or food processing aids that are not permitted to be used or sold in Vietnam if the product value is VND 50,000,000 or more, or the illegal profit earned is more than VND 20,000,000 but the violation is not serious enough for criminal prosecution.

Thus, when going to a restaurant with food poisoning, the restaurant will be the one responsible for compensation. In this case, the act of causing food poisoning for 5 people will result in an administrative fine of from VND 80,000,000 to VND 100,000,000.

Is causing food poisoning to be liable for criminal prosecution in Vietnam? 

Pursuant to Article 317 of the 2015 Penal Code as amended by Clause 119, Article 1 of the 2017 Penal Code Amendment, offences against regulations of law on food safety are as follows:

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. This offence committed in any of the following circumstances carries a fine of from VND 200,000,000 to VND 500,000,000 or a penalty of 03 - 07 years' imprisonment:

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.

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Therefore, acts of causing food poisoning in addition to administrative sanctions can also be liable for criminal prosecution in Vietnam.

Best Regards!