Vietnam: New points on fines for violations against regulations on food safety

According to Decree No. 115/2018/NĐ-CP of Vietnam’s Government, the maximum fine for an administrative violation of food safety is VND 100 million for individuals and VND 200 million for organizations, EXCEPT FOR the cases specified in:

- Clause 5 Article 4, to be specific: A fine equal to 05 – 07 times the product value shall be imposed for the violation mentioned in Clause 4 Article 4 of this Decree if the highest fine in the corresponding fine bracket is smaller than the product value multiplied by 07 but the violation is still not serious enough for criminal prosecution.

- Clause 6 Article 5, to be specific: A fine equal to 05 – 07 times the product value shall be imposed for the violation mentioned in Clause 5 Article 5 of this Decree if the highest fine in the corresponding fine bracket is smaller than the product value multiplied by 07 but the violation is still not serious enough for criminal prosecution.

- Clause 5 Article 6, to be specific: A fine equal to 05 – 07 times the product value shall be imposed for the violation mentioned in Clause 4 Article 6 of this Decree if the highest fine in the corresponding fine bracket is smaller than the product value multiplied by 07 but the violation is still not serious enough for criminal prosecution.

- Clause 7 Article 11, to be specific: A fine equal to 05 – 07 times the product value shall be imposed for the violation mentioned in Clause 5, Point b, Point c or Point d Clause 6 Article 11 of this Decree if the highest fine in the corresponding fine bracket is smaller than the product value multiplied by 07 but the violation is still not serious enough for criminal prosecution.

- Clauses 1 and 9 Article 22, to be specific: A fine equal to 05 – 07 times the product value shall be imposed for the violation mentioned in Point b or Point c Clause 8 Article 22 of this Decree if the highest fine in the corresponding fine bracket is smaller than the product value multiplied by 07 but the violation is not serious enough for criminal prosecution.

- Clause 6 Article 26 of this Decree, etc.

Organizations incurring administrative penalties include:

- Economic organizations that are duly established under the Law on enterprises;

- Economic organizations that are duly established under the Law on co-operatives;

- Economic organizations that are duly established under the Law on investment;

- Representative offices and branches of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

- Social organizations, socio-political organizations, and socio-professional organizations;

- Public service providers and other organizations as prescribed by law.

View more details at Decree No. 115/2018/NĐ-CP of Vietnam’s Government, effective from October 20, 2018.

- Thanh Lam -

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