How much is fine for trading in goods past the expiration date indicated in the labels or packages in Vietnam?
How much is fine for trading in goods past the expiration date indicated in the labels or packages in Vietnam?
My name is Anh, 35 years old this year, I just bought a box of milk for my child the other day for 700,000 VND at a grocery store near my house, but when I got home, I discovered that the box of milk I just bought had expired for 2 months. I want to ask, is such trading in goods past the expiration date sanctioned? how much is fine?
How much is fine for trading in goods past the expiration date indicated in the labels or packages in Vietnam?
Pursuant to Clause 1, Article 14 of Decree 43/2017/ND-CP stipulating date of manufacture, expiry date as follows:
1. Date of manufacture, expiry date shall be written in the "dd-mm-yy(yy)" format (according to solar calendar). If it is presented in another order, such date must be noted in Vietnamese.
Each number indicating the date, month, and year shall be written in two digits, the number indicating the year may particularly be written in four digits. The number indicating date, month, and year of a point of time shall be presented in the same line.
Month of manufacture, if required, shall be written in the “mm-yy(yy)” format (according to solar calendar).
Year of manufacture, if required, shall be written in the “yyyy” format (according to solar calendar).
“date of manufacture", “expiry date” shall be fully presented or abbreviated in capital letters as follows: ”NSX", “HSD” or “HD" (“MFG” or “EXP”).
Besides, in Article 17 of Decree 98/2020/ND-CP stipulating violations involving expired goods or goods of unknown origin and involving in other violations as follows:
1. A warning or a fine ranging from VND 300.000 to VND 500.000 shall be imposed for one of the following violations if the value of goods is less than VND 1.000.000:
a) Trading in goods (except pesticides and animal feeds) past the expiration date indicated in their labels or packages;
b) Swapping or changing labels or packages of goods, erasing or altering the expiration dates indicated on labels or packages of goods, or committing other frauds to extend the expiration dates of goods;
c) Trading in goods of unknown origin;
d) Trading in, transporting, storing or consuming minerals of illicit origin.
2. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 1.000.000 to under VND 3.000.000.
3. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 3.000.000 to under VND 5.000.000.
4. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 5.000.000 to under VND 10.000.000.
5. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 10.000.000 to under VND 20.000.000.
6. A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 20.000.000 to under VND 30.000.000.
7. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 30.000.000 to under VND 40.000.000.
8. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 40.000.000 to under VND 50.000.000.
9. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 50.000.000 to under VND 70.000.000.
10. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 70.000.000 to under VND 100.000.000.
11. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth VND 100.000.000 or more.
12. A fine that is twice as much as the corresponding fine prescribed in Clause 1 through 11 shall be imposed upon producer or importer committing the administrative violation or for the violation involving the goods which are:
a) foods, food additives, food processing aids, food preservatives, preventive drugs, drugs, medicinal ingredients, cosmetics or medical devices;
b) detergents, chemicals, insecticidal and microbicidal preparations for household and medical use, aqua environmental remediation products, livestock waste treatment products, veterinary drugs, fertilizers, cement, growth stimulants, plant varieties, animal breeds, aquatic breeds or aquaculture feeds; or
c) other goods included in the list of conditional business lines.
13. Additional penalties:
a) The exhibits of the violations prescribed in this Article shall be confiscated, except the case of application of the remedial measure prescribed in Point a Clause 14 of this Article;
b) The instrumentalities which are tools and machinery used for committing the violation prescribed in Point b Clause 1 of this Article shall be confiscated.
14. Remedial measures:
a) The exhibits which cause harm to human health, domestic animals, plants and environment shall be destroyed if the violation in Point a, b or c Clause 1 of this Article is committed;
b) The violating entity is compelled to return any benefits illegally obtained from one of the violations in this Article.
Thus, according to current regulations in Vietnam, comparing with the case you mentioned, the shop owner will be fined with warning or fine from 300,000 VND to 500,000 VND if he sells expired products to you (according to Point b, Clause 4, Article 4 of Decree 98/2020/ND-CP).
Best Regards!
