Offences against regulations of law on food safety under Criminal Code in Vietnam

Offences against regulations of law on food safety under Criminal Code in Vietnam (Internet image)

1. What is food safety?

According to Clause 1, Article 2 of the Law on Food Safety 2010, food safety means the assurance that food does not cause harm to human health and life.

2. Offences against regulations of law on food safety under Criminal Code in Vietnam

Offences against regulations of law on food safety in Vietnam are specified in Article 317 of the Criminal Code 2015, amended in 2017 with the following penalty frame:

* Frame 1:

  A person who commits any of the following violations against regulations of law on food safety shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of 01 - 05 years' imprisonment:

- Using substances, chemicals, antibiotics, veterinary medicines, pesticides, food additives or food processing aids in the knowledge that they are banned or are not on the list of permissible substances for food production to produce an amount of foods assessed at from VND 10,000,000 to under VND 100,000,000 or while having incurred an administrative penalty for any of the offences specified in this Article or having a previous conviction for the same offence ;

- Using animals that died of diseases or epidemics or animals that have to be burned for production of foods; selling foods in the knowledge that they are derived from animals that died of diseases or epidemics or animals that have to be burned with an amount of illegal products assessed at from VND 10,000,000 to under VND 100,000,000 or while having incurred a administrative penalty for any of the offence specified in this Article or having an unspent conviction for the same offence ;

- Using substances, chemicals, antibiotics, veterinary medicines, pesticides, food additives or food processing aids in the knowledge that they have not been permitted in Vietnam for food production to produce an amount of foods assessed at from VND 100,000,000 to under VND 300,000,000 or produce an amount of foods assessed at from VND 50,000,000 to under VND 100,000,000 while having incurred an administrative penalty for any of the offences specified in this Article or having a previous conviction for the same offence ;

- Importing, supplying or selling food in the knowledge that they contain banned substances or substances not on the list of permissible substances with the amount of illegal products assessed at from VND 10,000,000 to under VND 100,000,000 or illegal profit from VND 5,000,000 to under VND 20,000,000 or while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence which have not been expunged;

- Importing, supplying or selling food in the knowledge that they contain banned substances or substances not on the list of permissible substances with the amount of illegal products assessed at from VND 100,000,000 to under VND 300,000,000 or illegal profit from VND 50,000,000 to under VND 100,000,000; the amount of illegal products assessed at from VND 50,000,000 to under VND 100,000,000 or illegal profit from VND 20,000,000 to under VND 50,000,000 while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence which have not been expunged;

- Committing any of the offences specified in Point a through dd of this Clause; processing, supplying or selling food in the knowledge that it does not comply with technical regulations or regulations on food safety and as a result causing serious food poisoning for 05 – 20 people or causing 31% - 60% WPI for another person.

* Frame 2:

 This offence committed in any of the following circumstances carries a fine of from VND 200,000,000 to VND 500,000,000 or a penalty of 03 - 07 years' imprisonment:

- The offence is committed by an organized group;

- The offence results in the death of a person;

- The offence causes serious food poisoning for 21 – 100 people;

- The offence causes ≥ 61% WPI for another person;

- The offence causes a total WPI of 61% - 121% for more than one person;

- The amount of food that contains banned substances or substances not on the list of permissible substances is assessed at from VND 100,000,000 to under VND 300,000,000 or the illegal profit earned is from VND 20,000,000 to under VND 100,000,000;

- The amount of food derived from animals that died of diseases or epidemics or animals that have to be burned is assessed at from VND 100,000,000 to under VND 300,000,000;

- The amount of food that contains banned substances that have not been permitted in Vietnam is assessed at from VND 300,000,000 to under VND 500,000,000 or the illegal profit earned is from VND 100,000,000 to under VND 200,000,000;

- Dangerous recidivism.

* Frame 3:

This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

- The offence results in the death of 02 people;

- The offence causes serious food poisoning for 101 – 200 people;

- The offence causes a total WPI of 122% - 200% for more than one person;

- The amount of food that contains banned substances or substances not on the list of permissible substances is assessed at from VND 300,000,000 to under VND 500,000,000 or the illegal profit earned is from VND 100,000,000 to under VND 300,000,000;

- The amount of food derived from animals that died of diseases or epidemics or animals that have to be burned is assessed at from VND 300,000,000 to under VND 500,000,000;

- The amount of food that contains banned substances that have not been permitted in Vietnam is assessed at from VND 500,000,000 to under VND 1,000,000,000 or the illegal profit earned is from VND 200,000,000 to under VND 500,000,000.

* Frame 4:

This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

- The offence results in the death of ≥ 03 people;

- The offence causes serious food poisoning for ≥ 201 people;

- The offence causes a total WPI of 201% for ≥ 03 people;

- The amount of food that contains banned substances or substances not on the list of permissible substances is assessed at ≥ VND 500,000,000 or the illegal profit earned is ≥ VND 300,000,000;

- The amount of food derived from animals that died of diseases or epidemics or animals that have to be burned is assessed at ≥ VND 500,000,000;

- The amount of food that contains banned substances that have not been permitted in Vietnam is assessed at ≥ VND 1,000,000,000 or the illegal profit earned is ≥ VND 500,000,000.

* Additional penalties:

 The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

Diem My

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