What are penalties for the act of producing counterfeit MSG in Vietnam?

What are penalties for the act of producing counterfeit MSG in Vietnam? - image from internet

Pursuant to Clause 13 Article 2 of the Law on Food Safety in 2010:

Food additive means a substance with or without nutritious value, which is intentionally added to food in the process of production in order to retain or improve particular characteristics of food.

On the other hand, according to Appendix I - List of permitted food additives issued by the Minister of Health accompanying Circular 27/2012/TT-BYT, MSG is considered a food additive, specifically a flavor enhancer with the scientific name Monosodium Glutamate.

Based on the regulations mentioned, the facility producing counterfeit MSG may be subject to criminal responsibility for the offense of manufacturing and trading of counterfeit food or food additives as stipulated in Article 193 of the Criminal Code in 2015. To be specific:

1. Any person who manufactures or deals in counterfeit food or food additives shall face a penalty of 02 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) Dangerous recidivism.

d) The offence involves the abuse of the offender's position or power;

dd) The offence is committed in the name of an agency or organization;

e) Counterfeit goods are trafficked across the border or between a free trade zone and the domestic market;

g) The counterfeit goods are assessed at from VND 100,000,000 to under VND 200,000,000 according to their selling prices, posted prices or prices on invoices;

h) The quantity of counterfeit goods is equivalent to an amount of genuine goods assessed at from VND 150,000,000 to under VND 500,000,000 if selling prices, posted prices or prices on invoices of counterfeit goods cannot be determined;

i) The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;

k) The offence causes 31% - 60% WPI for a person;

l) The offence causes a total WPI of 31% - 60% for 02 or more people;

m) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000;

3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

a) The counterfeit goods are assessed at ≥ VND 200,000,000 according to their selling prices, posted prices or prices on invoices;

b) The quantity of counterfeit goods is equivalent to an amount of genuine goods assessed at ≥ VND 500,000,000 if selling prices, posted prices or prices on invoices of counterfeit goods cannot be determined;

c) The illegal profit reaped is from VND 500,000,000 to under VND 1,500,000,000;

d) The offence results in the death of a person;

dd) The offence causes ≥ 61% WPI for a person;

e) The offence causes a total WPI of 61% - 121% for 02 or more people;

g) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000;

4. This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment or life imprisonment:

a) The illegal profit earned is ≥ VND 1,500,000,000;

b) The offence results in the death of 02 or more people;

c) The offence results in bodily harm of 02 or more people, each of whom suffers from ≥ 61% WPI;

d) The offence causes a total WPI of ≥ 122% WPI for 02 or more people;

dd) The property damage is ≥ VND 1,500,000,000.

5. The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

6. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

a) A corporate legal entity that commits this offence in the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000;

b) A corporate legal entity that commits this offence in the circumstances specified in Clause 2 of this Article shall be liable to fine of from VND 3,000,000,000 to VND 6,000,000,000;

c) A corporate legal entity that commits this offence in the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 6,000,000,000 to VND 9,000,000,000;

d) A corporate legal entity that commits this offence in the circumstances specified in Clause 4 of this Article shall be liable to a fine of from VND 9,000,000,000 to VND 18,000,000,000 or has its operation suspended for 06 - 36 months;

dd) A corporate legal entity that commits this offence in the circumstances specified in Article 79 hereof shall be permanently shut down;

e) The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 300,000,000, be banned from operating in certain fields or raising capital for 01 - 03 years.

Best regards!