Vietnam: Transporting dirty food will result in heavy fines

Currently, “dirty” food is widespread in all parts of the country, causing serious consequences for people's health, time and money. This situation does not only include the responsibility of food suppliers and distributors, but also includes a part of the transporter.

According to Vietnam’s current regulations, food transporters who do not fully ensure safety conditions shall be subject to administrative sanctions and criminal prosecution depending on the severity; if causing damage, they must compensate and remedy the consequences according to regulations. To be specific:

Administrative sanctions

According to Decree No. 178/2013/NĐ-CP of Vietnam’s Government:

A fine of between VND 3,000,000 and 5,000,000 for one of the following acts:

- Using means to transport food, food additives, food processing enhancers, instruments, materials packaging or containing food which are made by materials contaminating food, food additives, food processing enhancers, instruments and materials packaging, containing food;

- Transport of food which have been packaged or in the containing tools but the package or containing tools fail to ensure safety or are broken, torn, deformed during transport contaminating food;

- Failing to ensure conditions for preservation during transport; transporting food, food additives, food processing enhancers, instruments, materials for packaging or containing food together with other goods which have risk of contaminating food.

A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

- Using means of transport which contaminate food, food additives, food processing enhancers, instruments, materials packaging or containing food, means of transport which have transported harmful substances without cleaning to transport food, food additives, food processing enhancers, instruments and materials packaging, containing food;

- Transporting food together with harmful substances.

A fine of between VND 3,000,000 and 5,000,000 for act of transporting aquatic species derived from the rearing establishments banned taking, the cultivation zones banned taking.

A fine of between VND 5,000,000 and 10,000,000 for act of transporting aquatic products with impurities, unless being permitted by competent state agencies.

A fine of between VND 30,000,000 and 40,000,000 for act of transporting aquatic products with natural toxicity harming to the human health, unless being permitted by competent state agencies.

A fine of between VND 10,000,000 and 20,000,000 for failing to abide by regulations on transport, storage of genetically modified food, genetically modified creatures used to make food.

Criminal prosecution

From July 01, 2016, according to Article 191 of the Criminal Code 2015 of Vietnam:

Any person who possesses or transports goods banned from trading, using or that have not been permitted for trading or using in Vietnam by the State, which are chemicals, antibiotics, veterinary medicines, pesticides banned from farming, breeding, aquaculture, salt production, preparation, processing, storage of agriculture, forestry, aquaculture products and salts shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 06 - 36 months' imprisonment.

Moreover, if the carrier violates the above food safety regulations, depending on each case, remedial measures will be applied such as: forced removal of polluting factors and impurities; forced destruction of seafood shipments that do not ensure food safety; etc.

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