Vietnam: Power of Chairpersons of people’s committees to impose administrative penalties for violations against regulations on food safety

According to Decree No. 115/2018/NĐ-CP of Vietnam’s Government, authorities having the power to impose administrative penalties include: Chairpersons of people’s committees at all levels, inspectors, People’s public securities forces, Border Guard Forces, marine police forces, customs agencies, market surveillance units. Each agency will have the authority to handle different fines and penalties.

Power of Chairpersons of people’s committees to impose administrative penalties for violations against regulations on food safety is as follows:

1. Chairpersons of commune-level people’s committees shall have the power to:

- Impose fines of up to VND 5,000,000 for food safety violations committed by individuals and up to VND 10,000,000 for food safety violations committed by organizations;

- Confiscate the exhibits and instrumentalities for committing administrative violation worth less than the fine specified above;

- Enforce the remedial measures mentioned in Point b Clause 3 Article 2 of this Decree.

2. Chairpersons of District-level People’s Committees shall have the power to:

- Impose fines of up to VND 50,000,000 for food safety violations committed by individuals and up to VND 100,000,000 for food safety violations committed by organizations;

- Suspend the certificate of food safety or the certificate of registered product declaration for a fixed period, or suspend the operation for a fixed period;

- Confiscate the exhibits and instrumentalities for committing administrative violation worth less than the fine specified above;

- Enforce the remedial measures mentioned in Points b, c, d, dd, e, g, h, i, k and l Clause 3 Article 2 of this Decree.

3. Chairpersons of Provincial-level People’s Committees shall have the power to:

- Impose fines up to maximum fines prescribed herein;

- Suspend the certificate of food safety or the certificate of registered product declaration for a fixed period, or suspend the operation for a fixed period;

- Confiscate the exhibits and instrumentalities for committing administrative violations;

- Enforce the remedial measures mentioned in Clause 3 Article 2 of this Decree.

Decree No. 115/2018/NĐ-CP of Vietnam’s Government takes effect from October 20, 2018.

- Thanh Lam -

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