Proposal to increase penalties for violations against food safety and hygiene regulations in Vietnam

Proposal to increase penalties for violations against food safety and hygiene regulations in Vietnam (Image from the Internet)

Proposal to increase penalties for violations against food safety and hygiene regulations in Vietnam

Voters have reported that the current situation of food safety hazards is one of the pressing and complex issues, with numerous incidents involving the use of growth stimulants and chemicals on fruits and vegetables; unsanitary livestock and poultry meats; beverages mixed with harmful chemicals affecting public health... Voters propose researching and enacting regulations to increase penalties for violations of food safety and hygiene regulations in Vietnam.

In Official Dispatch 5921/BYT-VPB1 dated September 30, 2024, the Ministry of Health acknowledges that in recent times, the management of food safety by the state has always received significant attention from National Assembly Deputies, voters, and the public, with the Government of Vietnam and the Prime Minister of the Government of Vietnam giving decisive instructions. The legal regulations concerning food safety have been fundamentally completed, notably with the Ministry of Health advising the Government of Vietnam to issue Decree 15/2018/ND-CP providing detailed instructions for the implementation of several provisions of the Food Safety Law, with several new mechanisms for managing food safety (risk-based management, a strong shift to post-inspection, clearly defined management responsibilities...) conforming to international practices. Regarding sanctions for food safety violations, there are currently adequate legal provisions to manage food safety:

- In terms of administrative handling, the Ministry of Health has submitted to the Government of Vietnam the promulgation of Decree 115/2018/ND-CP, which stipulates administrative penalties for food safety violations, replacing Decree 178/2013/ND-CP. This decree specifies clear and detailed behaviors, solely prescribing fines as the main form of penalty, without warnings, allowing multiple violations per establishment to be fined, with increased penalties for all actions, and a maximum fine of up to 7 times the value of the violating goods. It also stipulates additional penalized actions: temporary suspension of activities, revocation of licenses, mandated destruction, recall of food, responsibility to cover all costs associated with managing food poisoning, and repayment of amounts equivalent to the value of violated goods if they are no longer extant..., with increased penalties for repeated violations or recidivism.

- Concerning criminal handling, the Ministry of Health, alongside various ministries and central authorities, has coordinated with the Ministry of Public Security to propose that the National Assembly promulgate the 2015 Penal Code, amended in 2017. This includes Article 317 on crimes related to violating food safety regulations with penalties of up to 20 years for this offense.

Following Conclusion 19-KL/TW dated October 14, 2021, of the Politburo and the Scheme orienting the Law-Making Program for the 15th National Assembly session; Plan 81/KH-UBTVQH dated November 5, 2021, of the Standing Committee of the National Assembly and Decision 2114/QD-TTg dated December 16, 2021, by the Prime Minister of the Government of Vietnam issuing the Implementation Plan for Conclusion 19-KL/TW by the Politburo and the Scheme orienting the Law-Making Program for the 15th National Assembly session; Decision 53/QD-TTg dated January 15, 2024, of the Prime Minister of the Government of Vietnam regarding the issuance of the 2024 Work Program of the Government of Vietnam, Prime Minister of the Government of Vietnam. Currently, the Ministry of Health has coordinated with relevant units to complete the dossier for Proposing to Develop a Revised Food Safety Law Project: (1) Summary Report on 12 years of implementing the Food Safety Law; (2) Policy Impact Assessment Report on revised and supplemented content; (3) Proposal for Developing a Revised Food Safety Law; (4) Detailed Outline of the Revised Food Safety Law.

Implementing the procedures set forth in Article 36 of the Law on Promulgation of Legal Documents and to ensure progress for submission to the Government of Vietnam in December 2024, the Ministry of Health has currently published on the Government of Vietnam's electronic portal and the Ministry of Health's electronic portal to seek broad opinions, meanwhile, sending requests for feedback to the Ministry of Justice, Ministry of Foreign Affairs, Ministry of Finance, Ministry of Home Affairs and other related ministries, associations; submitting to the Government of Vietnam the proposal to develop the Revised Food Safety Law in 2024.

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