Vietnam: How are penalties for trading in foods, food additives of unknown origin?

According to Article 17 of Decree No. 98/2020/NĐ-CP of Vietnam’s Government, 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:

- foods, food additives, food processing aids, food preservatives, preventive drugs, drugs, medicinal ingredients, cosmetics or medical devices;

- 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

- other goods included in the list of conditional business lines.

Concurrently applying additional penalties:

- The exhibits shall be confiscated;

- The instrumentalities which are tools and machinery used for committing the violation shall be confiscated.

Remedial measures:

- The exhibits which cause harm to human health, domestic animals, plants and environment shall be destroyed;

- The violating entity is compelled to return any benefits illegally obtained from the violations.

Thus, for goods that affect human health, the fine will be doubled the normal fine, which shall be up to VND 50,000,000.

View more details at the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, effective from October 15, 2020.

Thuy Tram

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