Nghị định 115/2018/NĐ-CP quy định xử phạt vi phạm hành chính về an toàn thực phẩm mới nhất

THE GOVERNMENT
——–

THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No.:
115/2018/ND-CP

Hanoi, September
04, 2018

 

DECREE

ON
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON FOOD SAFETY

Pursuant to the Law on government organization
dated June 19, 2015;

Pursuant to the Law on penalties for
administrative violations dated June 20, 2012;

Pursuant to the Law on food safety dated June
17, 2010;

At the request of the Minister of Health;

The Government promulgates a Decree on penalties
for administrative violations against regulations on food safety.

Chapter I

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Article 1. Scope

1. This Decree deals with administrative
violations, penalties, fines, remedial measures, the power to record and the
power to impose penalties and fines for administrative violations against
regulations on food safety.

2. Administrative violations against regulations on
food safety prescribed herein include:

a) Violations against conditions for assurance of
safety of food products;

b) Violations against food safety conditions in
production, trading and supply of foods;

c) Violations against food safety requirements
applied to imported and exported foods and other violations against food safety
conditions in production, trading and supply of foods;

d) Violations against regulations on advertisement
and education of food safety; food testing; risk analysis, prevention and
handling of food safety incidents; tracing food origins, recall and disposal of
disqualified food.

3. Other Government’s Decrees on administrative
penalties for corresponding violations shall apply to administrative violations
pertaining to food safety that are not regulated by this Decree.

Article 2. Penalties and
remedial measures

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2. Depending on the nature and severity of the food
safety violation, the violator may incur one or some of the following
additional penalties:

a) Suspension of the certificate of food safety for
01 – 06 months, or the certificate of registered product declaration for 01 –
24 months;

b) Suspension of the operation for 01 – 12 months
as regulated in Clause 2 Article 25 of the Law on penalties for administrative
violations;

c) Confiscation of the exhibits and
instrumentalities for committing food safety violations.

3. In addition to these main and additional
penalties for food safety violations, the violator shall be liable to one or
some of the following remedial measures:

a) Enforced re-export of foods, food additives,
food processing aids, food containers and primary packages of foods;

b) Enforced destruction of foods, food additives,
food processing aids, food containers, primary packages of foods, materials,
substances, chemicals, antibiotics, veterinary medicines, pesticides;
unsuitable documents and publications about food safety; exhibits of
violations; disqualified shipments of aquatic products;

c) Enforced correction of information that is
untrue or causes misunderstanding;

d) Enforced recall of foods, food additives, food
processing aids, food containers and primary packages of disqualified foods;
released documents and publications;

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(028) 3930 3279

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0906 22 99 66

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e) Enforced recall of the self-declaration form;

g) Enforced removal or deletion of unsuitable
advertisement contents;

h) Enforced payment of costs of handling of food
poisoning cases, examination and treatment for persons poisoned by foods;

i) Enforced suspension of operation of vehicles
used to transport foods;

k) Enforced cancellation of testing results or
notices of satisfactory inspection results of imported foods;

l) Enforced payment of an amount equal to the value
of the exhibits of violation which have been destroyed.

Article 3. Maximum fines and
organizations incurring administrative penalties

1. The maximum fine imposed for an administrative
violation against regulations on food safety shall be VND 100,000,000 if it is
committed by an individual or VND 200,000,000 if it is committed by an
organization, except the cases prescribed in Clause 5 Article 4, Clause 6 Article
5, Clause 5 Article 6, Clause 7 Article 11, Clauses 1 and 9 Article 22, and
Clause 6 Article 26 hereof.

2. Fines specified in Chapter II hereof are applied
to individuals, except the fines specified in Clause 5 Article 4, Clause 6
Article 5, Clause 5 Article 6, Clause 7 Article 11, Article 18, Article 19,
Clauses 1 and 9 Article 22, Article 24, and Clause 6 Article 26 hereof which
are applied to organizations. The fine imposed upon an organization is twice
the fine imposed upon an individual that commits the same violation.

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0906 22 99 66

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a) Economic organizations that are duly established
under the Law on enterprises, consisting of: Private enterprises, joint-stock
companies, limited liability companies, partnerships and their affiliates
(including branches and representative offices);

b) Economic organizations that are duly established
under the Law on co-operatives, consisting of: Co-operatives and cooperative
unions;

c) Economic organizations that are duly established
under the Law on investment, consisting of: Domestic investors, foreign
investors and foreign-invested economic organizations;

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

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

e) Public service providers and other organizations
as prescribed by law.

4. Individuals mentioned in Clauses 1, 2 of this
Article are other than the ones mentioned in Clause 3 of this Article.

Chapter II

ADMINISTRATIVE
VIOLATIONS, PENALTIES, FINES AND REMEDIAL MEASURES

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Article 4. Violations against
regulations on ingredients used in production, processing and supply of foods

1. A fine equal to 01 – 02 times the value of
products shall be imposed for one of the following violations:

a) Using expired ingredients or the ones whose
expiration dates are not available;

b) Using ingredients that have unknown origins;

c) Failing to conduct veterinary hygiene inspection
or plant quarantine as regulated by law when using animal or plant products in
food production and processing.

2. A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for using food ingredients being animal or plant
products which have safety indicators unconformable with corresponding
technical regulations, or inconsistent with law regulations, or unsatisfactory
as defined in the veterinary hygiene inspection or plant quarantine report.

3. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for using animals died of diseases or epidemics, or
animals which must be destroyed as regulated by laws, for processing foods, or
supplying/ selling foods originated from animals died of diseases or epidemics
or animals which must be destroyed provided that the product value is less than
VND 10,000,000.

4. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for one of the following violations:

a) Using food ingredients being animal or plant
products, substances or chemicals which are banned in food production and
processing;

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(028) 3930 3279

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0906 22 99 66

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5. A fine equal to 05 – 07 times the product value
shall be imposed for the violation mentioned in Clause 4 of this Article 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.

6. Additional penalties:

a) The food production/ processing shall be
partially or entirely suspended for a period of 01 – 03 months if any of the
violations prescribed in Clause 3 and Clause 4 of this Article is committed;

b) The food production/ processing shall be
partially or entirely suspended for a period of 10 – 12 months if the violation
prescribed in Clause 5 of this Article is committed;

c) The certificate of registered product
declaration shall be suspended for a fixed period of 20 – 24 months if the
product is subject to mandatory registration of product declaration and any of
the violations prescribed in Clause 4 and Clause 5 of this Article is
committed.

7. Remedial measures:

a) Enforced destruction of foods and/or food
ingredients if any of the violations prescribed in this Article is committed;

b) Enforced recall of the self-declaration form if
the product is subject to mandatory self-declaration and any of the violations
prescribed in Clause 4 and Clause 5 of this Article is committed;

Article 5. Violations against
regulations on use of food additives and food processing aids in food production
or processing

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(028) 3930 3279

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0906 22 99 66

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2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for one of the following violations:

a) Using food additives/ food processing aids that
fail to satisfy requirements set forth in corresponding technical regulations
or food safety regulations, except the violation prescribed in Point a Clause 5
of this Article;

b) Failing to use food additives/ food processing
aids that are on the list of permitted food additives/ food processing aids for
the prescribed food type;

c) Using an amount of food additives/ food
processing aids that are on the list of permitted food additives/ food
processing aids in excess of the maximum allowable level.

3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for using food additives/ food processing aids that
have unknown origins.

4. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for using food additives or food processing aids
that are banned or not on the list of permitted food additives or food
processing aids but the product value is less than VND 10,000,000.

5. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for one of the following violations:

a) Using food additives/ food processing aids which
contain or are contaminated by one of heavy metals or toxic substances in
excess of the permissible levels;

b) Using food additives or food processing aids
that are banned or not on the list of permitted food additives or food
processing aids but the product value is VND 10,000,000 or more and the
violation is not serious enough for criminal prosecution.

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(028) 3930 3279

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0906 22 99 66

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7. Additional penalties:

a) The food production/ processing shall be
partially or entirely suspended for a fixed period of 01 – 03 months if the
violation prescribed in Clause 4 of this Article is committed;

b) The food production/ processing shall be
partially or entirely suspended for a period of 03 – 05 months if the violation
prescribed in Clause 5 of this Article is committed;

c) The food production/ processing shall be
partially or entirely suspended for a fixed period of 10 – 12 months if the
violation prescribed in Clause 6 of this Article is committed;

d) The certificate of registered product
declaration shall be suspended for a fixed period of 20 – 24 months if the
product is subject to mandatory registration of product declaration and any of
the violations prescribed in Clause 5 and Clause 6 of this Article is
committed.

8. Remedial measures:

a) Enforced destruction of foods, food additives
and/or food processing aids if any of the violations prescribed in this Article
is committed;

b) Enforced recall of the self-declaration form if
the product is subject to mandatory self-declaration and any of the violations
prescribed in Clause 5 and Clause 6 of this Article is committed.

Article 6. Violations against
regulations on use of substances, chemicals, antibiotics, veterinary medicines
and pesticides in food production and processing

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(028) 3930 3279

DĐ:

0906 22 99 66

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2. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for using an amount of substances or chemicals in
excess of the permissible level or using the ones that fail to meet requirements
set forth in corresponding technical regulations or food safety regulations.

3. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for any of the following violations:

a) Using substances, chemicals, antibiotics,
veterinary medicines or pesticides that are banned or not on the list of
permitted substances, chemicals, antibiotics, veterinary medicines or
pesticides but the product value is less than VND 10,000,000;

b) Using substances, chemicals, antibiotics,
veterinary medicines or pesticides that are not permitted for use or sale in
Vietnam but the product value is less than VND 50,000,000.

4. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for one of the following violations:

a) Using substances, chemicals, antibiotics,
veterinary medicines or pesticides that are banned or not on the list of
permitted substances, chemicals, antibiotics, veterinary medicines or
pesticides but the product value is VND 10,000,000 or more and the violation is
not serious enough for criminal prosecution;

b) Using substances, chemicals, antibiotics,
veterinary medicines or pesticides that are not permitted for use or sale in
Vietnam but the product value is VND 50,000,000 or more and the violation is
not serious enough for criminal prosecution.

5. A fine equal to 05 – 07 times the product value
shall be imposed for the violation mentioned in Clause 4 of this Article 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.

6. Additional penalties:

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(028) 3930 3279

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0906 22 99 66

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b) The food production/ processing shall be
partially or entirely suspended for a period of 03 – 05 months if the violation
prescribed in Clause 4 of this Article is committed;

c) The food production/ processing shall be
partially or entirely suspended for a fixed period of 10 – 12 months if the
violation prescribed in Clause 5 of this Article is committed;

d) The certificate of registered product
declaration shall be suspended for a fixed period of 20 – 24 months if the
product is subject to mandatory registration of product declaration and any of
the violations prescribed in Clause 4 and Clause 5 of this Article is
committed.

7. Remedial measures:

a) Enforced destruction of foods, substances,
chemicals, antibiotics, veterinary medicines or pesticides if any of the
violations prescribed in this Article is committed;

b) Enforced recall of the self-declaration form if
the product is subject to mandatory self-declaration and any of the violations
prescribed in Clause 4 and Clause 5 of this Article is committed.

Article 7. Violations against
regulations on food fortification with micronutrients

1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failing to fortify foods with micronutrients,
including vitamins, minerals and other micronutrients which are on the list of
compulsory micronutrients required to be added to foods as regulated by law.

2. Remedial measures:

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(028) 3930 3279

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0906 22 99 66

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Article 8. Violations against
regulations on use of food containers and primary packages in food production
and trading

1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for using food containers or primary packages which
fail to satisfy requirements set forth in corresponding technical regulations
or food safety regulations in food production and/or trading.

2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for using food containers or primary packages that
contain or are contaminated by toxic substances in food production and/or
trading.

3. Additional penalties:

The food production/ processing shall be partially
or entirely suspended for a fixed period of 01 – 03 months if the violation
prescribed in this Article is committed.

4. Remedial measures:

Enforced repurposing or recycling, or enforced
destruction of food containers and/or primary packages if the violation
prescribed in this Article is committed.

Section 2. VIOLATIONS AGAINST
FOOD SAFETY CONDITIONS IN PRODUCTION, TRADING AND SUPPLY OF FOODS

Article 9. Violations against
general food safety conditions in production, trading and storage of foods,
food additives, food processing aids, food containers and primary packages

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(028) 3930 3279

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0906 22 99 66

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2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for one of the following violations:

a) Wastewater is stagnant; the sewage system is not
closely and carefully covered;

b) Solid waste containers are not covered;

c) Failing to equip specialized boots, shoes or
sandals for persons who work in production areas of foods, food additives, food
processing aids, food containers and/or primary packages.

3. A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for one of the following violations:

a) Failing to follow the production process which
must be designed according to one-way rule from raw materials to finished
products;

b) Failing to adopt measures for preventing pests
and other harmful animals from productions/ storage areas of foods, food
additives, food processing aids, food containers and/or primary packages;

c) Failing to equip or insufficiently equipping
shelves, cases, name boards, internal rules and hygiene procedures in storage
area;

d) Failing to monitor or improperly monitoring
temperature, humidity and other conditions related to food ingredients or
products which require a special preservation in the storage area;

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(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

e) Failing to separately arrange storage areas for
food ingredients and finished products, preparation area, processing area,
packaging area, restroom, hand wash area, protective clothing change area and
relevant auxiliary areas;

g) Failing to carefully cover the area where
bottled mineral water or drinking water filling line is located; or failing to
separate this area from other areas; or failing to equip air sterilization
system in this area.

4. A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed for one of the following violations:

a) Failing to equip or insufficient equipping
specialized equipment for monitoring temperature, humidity, air ventilation and
other factors that may affect food safety for each type of foods;

b) Failing to classify and store waste, food
ingredients, finished products or expired or damaged semi-finished products
separately from other ingredients and products serving the food production and
trading;

c) Storing food ingredients, food additives, food
processing aids or food products but failing to comply with storage
instructions specified in their labels or announced by organizations or
individuals responsible for such products;

d) Failing to collect and treat waste and garbage
within the scope of the production facility as regulated by law;

dd) Using unsuitable types of detergents and
disinfectants to serve personal hygiene, wash and disinfect hands, working
equipment and tools;

e) Using chemicals to kill rats, pests and other
harmful animals in the production/ storage areas of foods, food additives, food
processing aids, food containers and/or primary packages.

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(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) The food production, processing, selling or
storage area is not protected from the pollution by dust, toxic chemicals and
other harmful factors;

b) Walls, ceiling or floor of the production,
selling or storage area is leaked, cracked or moldy and damp;

c) Failing to provide or insufficiently providing
appropriate and qualified equipment, devices and facilities for serving
personal hygiene, washing and disinfecting hands, working equipment and tools;

d) The owner of the establishment producing/trading
in foods, food additives, food processing aids, food containers and/or primary
packages fails to have certificates of competence in food safety;

dd) Committing violations against other food safety
conditions as regulated in laws on production, trading and storage; equipment
and devices; persons directly participating in production and trading, except
the violations prescribed in Clauses 1, 2, 3 and 4, Points a, b, c and d Clause
5, Clauses 6 and 7 of this Article.

6. Fines shall be imposed upon food manufacturers
and food processors that are required to establish and apply HACCP system or
other food safety management systems as regulated by law if they commit
violations in the course of production and trading of foods. To be specific:

a) A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed upon the food manufacturer or food processor for
establishing and applying a food safety management system that fails to satisfy
requirements set forth in laws or is not suitable for its production or trading
status;

b) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed upon the food manufacturer or food processor for
establishing and applying a food safety management system that provides
unreliable documents or failing to implement remedial measures for unsatisfactory
parameters monitored at critical control points;

c) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed upon the food manufacturer or food processor for
failure to establish and apply HACCP system or other advanced food safety management
systems.

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Hiring persons who are suffering from diseases
and thus are not permitted to take part in the production or trading of foods,
food additives, food processing aids, food containers and/or primary packages;

b) Using water that fails to meet requirements set
forth in relevant technical regulations or unqualified water to serve the food
production, or clean equipment and devices serving the production of foods,
food additives, food processing aids, food containers and/or primary packages.

8. Additional penalties:

a) The food production/ processing shall be
partially or entirely suspended for a fixed period of 01 – 03 months if the
violation prescribed in Clause 5 of this Article is repeated or re-committed;

b) The food production/ processing shall be
partially or entirely suspended for a period of 01 – 03 months if any of the
violations prescribed in Points b and c Clause 6 and Clause 7 of this Article
is committed.

Article 10. Violations against
food safety conditions in transport of foods, food additives, food processing
aids, food containers and primary packages

1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for one of the following violations:

a) Failing to satisfy storage conditions set forth
in corresponding food safety regulations or standards during the food
transport;

b) Transporting foods, food additives, food
processing aids, food containers and primary packages with other commodities
that may contaminate foods, except the violation prescribed in Point b Clause 3
of this Article.

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

3. A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed for using vehicles that have been used for
transporting toxic substances but not yet properly cleaned and disinfected to
transport foods, food additives, food processing aids, food containers and
primary packages.

4. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for transporting foods, food additives, food
processing aids, food containers and primary packages together with toxic
substances or chemicals that may cause food contamination.

5. Remedial measures:

a) Enforced suspension of operation of vehicles if
any of the violations prescribed in this Article is committed;

b) Enforced repurposing, or recycling, or
destruction of foods, food additives, food processing aids, food containers and
primary packages if the violation prescribed in Clause 2, Clause 3 or Clause 4
of this Article is committed.

Article 11. Violations against
food safety requirements in production and trading of fresh foods derived from
aquatic animals

1. A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for storing, transporting or exploiting aquatic
animals derived from aquaculture establishment or zone where harvesting is
banned.

2. A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed for collecting and preparing aquatic animals
derived from aquaculture establishment or zone where harvesting is banned.

3. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for hiring persons to transport or exploiting
aquatic animals derived from aquaculture establishment or zone where harvesting
is banned.

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

5. Fines shall be imposed for adding impurities to
aquatic animals, or producing, trading or using aquatic animals containing
impurities or preservatives which are banned or not on the list of permitted
preservatives. To be specific:

a) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for directly adding impurities to aquatic animals or
using aquatic animals containing impurities for producing or processing foods;

b) A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for organizing addition of impurities to aquatic
animals, preparing or processing aquatic animals containing impurities, or
collecting, transporting and storing aquatic animals containing impurities for
serving the food production, processing and/or trading, except the violation
prescribed in Point a Clause 5 of this Article is committed;

c) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for producing, processing or trading in aquatic
animals containing preservatives which are banned or not on the list of
permitted preservatives but the violation is not serious enough for criminal
prosecution.

6. Fines shall be imposed for exploited, collecting,
preparing, storing, processing or selling aquatic animals containing natural
toxins. To be specific:

a) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for deliberately exploiting aquatic animals containing
natural toxins which cause adverse health effects and thus are banned from use
as foods as regulated by law;

b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for transporting aquatic animals containing natural
toxins which cause adverse health effects, except the cases permitted by
competent authorities;

c) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for hiring persons to transport aquatic animals
containing natural toxins which cause adverse health effects, except the cases
permitted by competent authorities;

d) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for collecting, preparing, storing, processing or
trading aquatic animals containing natural toxins which cause adverse health
effects in order to use as foods, except the cases permitted by competent
authorities.

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

8. Additional penalties:

a) The certificate of food safety shall be suspended
for a fixed period of 04 – 06 months if the violation prescribed in Clause 7 of
this Article is committed;

b) The food production/ processing shall be
partially or entirely suspended for a fixed period of 01 – 03 months if any of
the violations prescribed in Clauses 4 and 5, Point d Clause 6 of this Article
is committed;

c) The exhibits and instrumentalities of any
violation prescribed in this Article shall be confiscated.

9. Remedial measures:

Enforced repurposing, or recycling, or destruction
of disqualified shipments of aquatic animals if one of the violations
prescribed in this Article is committed.

Article 12. Violations against
food safety requirements in production and trading of animals and fresh animal
products used as foods

1. A fine equal to 01 – 02 times the value of foods
shall be imposed for trading fresh foods which are derived from terrestrial
animals but have gone bad, or have color and/or smell changed.

2. A fine equal to 02 – 03 times the value of foods
shall be imposed for trading fresh foods derived from terrestrial animals which
are contaminated with microorganisms or have substance or chemical residues
found at above maximum residue limits as regulated by laws.

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

Enforced repurposing, or recycling, or destruction
of foods if any of the violations prescribed in this Article is committed.

Article 13. Violations against
food safety requirements in production and trading of plant-derived fresh foods

1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for one of the following violations:

a) Failing to formulate and comply with internal
food safety requirements in the course of food production;

b) Failing to carry out annual internal assessment
as regulated by laws.

2. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for failing to adopt procedures for control of
quality of inputs and finished products in the course of food preparation and
processing.

3. A fine equal to 01 – 02 times the value of foods
shall be imposed for producing and/or trading plant-derived fresh foods which
are found to have a safety indicator exceeding the prescribed safety limit.

4. Remedial measures:

Enforced repurposing or recycling or destruction of
foods if the violation prescribed in Clause 3 of this Article is committed.

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

1. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for selling foods which are spoiled, moldy, dirty or in direct
contact with other polluting elements.

2. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for one of the following violations:

a) The area where foods are sold, displayed or
stored is penetrated by pests or harmful animals;

b) Committing violations against food safety
requirements in food storage;

c) Committing violations against food safety
requirements applied to food containers and primary packages.

3. Remedial measures:

Enforced repurposing or recycling or destruction of
foods if the violation prescribed in Clause 1 of this Article is committed.

Article 15. Violations against
food safety requirements by food and drink businesses, including suppliers of
meals ready-to-eat, canteens, industrial kitchens, kitchens or restaurants
within hotels or resorts, shops, stores and/or stalls selling fast foods and
cooked foods, and other food processors and suppliers

1. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for one of the following violations:

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Failing to provide sufficient and separate
devices and equipment for processing, storing and containing fresh foods and
processed foods;

c) The area where foods are processed, sold or
stored is penetrated by pests or harmful animals;

d) Using persons who directly process foods but do
not wear hats (or hair nets) and masks, or do not have their nails cut, or do
not wear gloves when working in direct contact with cooked foods/ fast foods.

2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for one of the following violations:

a) Failing to comply or improperly complying with
regulations on 3-step food checking;

b) Failing to comply or improperly complying with
regulations on food sample storage;

c) Equipment and vehicles used for transporting and
storing meals ready-to-eat/ fast foods are unconformable with hygiene standards
or contaminate foods;

d) Wastewater is stagnant in the food processing
area; the sewage system is not closely and carefully covered;

dd) Restroom or hand wash area is not available;

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

3. A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for hiring persons who fail to have certificates of
competence in food safety to directly process foods.

4. A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed for one of the following violations:

a) Using water that fails to meet requirements set
forth in relevant technical regulations or hygiene standards to serve the food
processing or clean equipment and devices;

b) The business’s owner fails to have the
certificate of competence in food safety as regulated by laws;

c) Failing to collect and treat waste and garbage
within the scope of the food and drink business as regulated by law;

d) Committing violations against other food safety
requirements set forth in law on food and drink business, except the violations
prescribed in Clause 1, Clause 2, Clause 3, Points a, b and c Clause 4, Clause
5 of this Article.

5. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for hiring persons who are suffering from diseases
and thus not permitted to work in food and drink business.

6. Additional penalties:

The food production/ processing/ trading/ supply
shall be partially or entirely suspended for a period of 01 – 03 months if any
of the violations prescribed in Clause 4 and Clause 5 of this Article is
committed.

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

1. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for one of the following violations:

a) Failing to equip tables, cabinets, shelves, stands,
equipment and devices which meet corresponding requirements for displaying
foods;

b) Foods are not covered and protected from dust,
pests or other harmful animals;

c) Failing to wear gloves when working in direct contact
with cooked foods/ fast foods.

2. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for one of the following violations:

a) Using food handling devices, food containers or
primary packages which fail to satisfy food safety requirements;

b) A street food vendor is suffering from diseases
anyone suffers from which is prohibited from selling street foods;

c) Using food additives which have been divided
inconsistently with applicable law regulations for processing street foods;

d) Using water that fails to meet corresponding
hygiene standards for processing foods, or cleaning working equipment and
devices;

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

3. Remedial measures:

Enforced destruction of foods if the violation
prescribed in Point c Clause 2 of this Article is committed.

Article 17. Violations against
food safety requirements applied to genetically modified foods and irradiated
foods

1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for failing to comply with regulations on transport
and storage of genetically modified foods/ genetically modified organisms (GMO)
used as foods.

2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for one of the following violations:

a) Producing/ selling foods derived from GMOs or
products of GMOs which are not on the list of GMOS granted the certificate of
edible GMO;

b) Producing/ selling foods derived from GMOs or
products of GMOs which are on the list of GMOS granted the certificate of
edible GMO but failing to present the certificate of edible GMO;

d) Failing to comply with regulations on radiation
doses or employing a food irradiation facility that is ineligible and fails to
obtain a license from a competent authority as regulated by law.

3. Remedial measures:

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

Article 18. Violations against
regulations on the certificate of food safety

1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to obtain the certificate of food
safety when providing food and drink services, except the cases where the
certificate of food safety is exempted as regulated by laws and the violation
prescribed in Clause 2 of this Article.

2. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failing to obtain the certificate of food
safety when manufacturing and/or selling foods, except the cases where the
certificate of food safety is exempted as regulated by laws and the violation
prescribed in Clause 3 of this Article.

3. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for producing dietary supplements but failing to
obtain the certificate of GMP for dietary supplements according to the
prescribed route.

4. Remedial measures:

a) Enforced recall of foods if the violation
prescribed in Clause 2 or Clause 3 of this Article is committed;

b) Enforced repurposing or recycling or destruction
of foods if the violation prescribed in Clause 2 or Clause 3 of this Article is
committed.

Section 3. VIOLATIONS AGAINST
FOOD SAFETY REQUIREMENTS APPLIED TO IMPORTED AND EXPORTED FOODS, AND OTHER
VIOLATIONS AGAINST FOOD SAFETY CONDITIONS IN PRODUCTION, TRADING AND SUPPLY OF
FOODS

Article 19. Violations against
food safety requirements applied to imported and exported foods

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

2. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for committing one of the following violations in
the course of importing foods, food additives, food processing aids, food
containers and primary packages:

a) Altering or falsifying the contents of the
self-declaration form, the declaration form, the certificate of registered product
declaration, the notice of satisfactory inspection results of imported foods,
the certificate of food safety or other documents;

b) Providing false information or documents about
the import shipment/ the imports to be eligible for reduced inspection or
exemption from state inspection of food safety or change from tightened
inspection into normal inspection;

c) Selling the import shipment or imported foods,
food additives, food processing aids, food containers or primary packages which
require the “notice of satisfactory inspection results” before
customs clearance inconsistently with the law regulations.

3. A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed for importing foods, food additives, food
processing aids, food containers or primary packages which are subject to the
normal inspection, reduced inspection without sampling or exemption from
inspection of food safety but the imports or the shipment’s commodities have a
safety indicator found to be unconformable with the permissible limits
prescribed in corresponding technical regulations/ standards or the declared
limits; or the dietary supplements have a quality indicator contributing their
effects found to be unconformable with the declared limits.

4. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for failing to conduct inspection of food safety
as regulated by laws before selling foods which are eligible for exemption from
inspection of safety of imported foods but have been returned by the importing
country.

5. Additional penalties:

a) Confiscate the exhibits of violation if the
violation prescribed in Point a or Point c Clause 2 of this Article is
committed;

b) The certificate of registered product
declaration shall be suspended for a fixed period of 01 – 03 months if the
product is subject to mandatory registration of product declaration and the
violation prescribed in Clause 1 of this Article is committed;

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

d) The certificate of registered product
declaration shall be suspended for a fixed period of 05 – 07 months if the
product is subject to mandatory registration of product declaration and the
violation prescribed in Clause 3 of this Article is committed;

dd) The certificate of registered product
declaration shall be suspended for a fixed period of 07 – 09 months if the
product is subject to mandatory registration of product declaration and the
violation prescribed in Clause 4 of this Article is committed.

6. Remedial measures:

a) Enforced re-export of foods, food additives,
food processing aids, food containers and/or primary packages if the violation
prescribed in Clause 1 of this Article is committed;

b) Enforced recall of foods, food additives, food
processing aids, food containers and/or primary packages if the violation
prescribed in Point b Clause 2, or Clause 3 or Clause 4 of this Article is
committed;

c) Enforced repurposing or recycling or destruction
of foods, food additives, food processing aids, food containers and primary
packages if the violation prescribed in Clause 3 or Clause 4 of this Article is
committed;

d) Enforced payment of an amount equal to the value
of the exhibits of violation which have been destroyed if the violation
prescribed in Point c Clause 2 of this Article is committed;

dd) Enforced recall of the self-declaration form if
the product is subject to mandatory self-declaration and any of the violations
prescribed in this Article is committed.

Article 20. Violations against
regulations on product self-declaration

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Failing to notify, post or list the
self-declaration form as regulated by laws;

b) Failing to submit a copy of the self-declaration
form to the competent authority as regulated by laws;

c) Failing to retain the self-declaration
documentation as regulated by laws;

d) Failing to provide the notarized translations of
self-declaration documents from foreign language into Vietnamese as regulated.

2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for using the following test reports to make
product self-declaration:

a) Using an expired test report;

b) The test report does not contain all safety
indicators as regulated by laws;

c) The test report has a safety indicator unconformable
with corresponding technical regulations/ standards or inconsistently with law
regulations;

d) The test report is issued by a laboratory that
is not designated or fails to satisfy requirements set forth in ISO 17025;

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for one of the following violations:

a) Producing or importing products which are subject
to product self-declaration but have a safety indicator found to be
unconformable with the permissible limits prescribed in corresponding
regulations/ standards or the declared limits or the limits specified on the
product labels;

b) Contents about food safety self-declared are
unconformable with corresponding technical regulations/ standards or
inconsistent with applicable law regulations.

4. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for one of the following violations:

a) Failing to have the self-declaration form as
regulated by law when producing or importing products which are subject to
mandatory self-declaration;

b) Making self-declaration of the product which is
subject to mandatory registration of product declaration as regulated by law.

5. Additional penalties:

The production/ import of foods shall be partially
or entirely suspended for a fixed period of 01 – 03 months if the violation
prescribed in Clause 3 or Clause 4 of this Article is committed.

6. Remedial measures:

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Enforced repurposing or recycling or destruction
of foods if the violation prescribed in Point a Clause 3 or Point a Clause 4 of
this Article is committed;

c) Enforced recall of the self-declaration form if
the violation prescribed in Clause 2, or Point b Clause 3 or Point b Clause 4
of this Article is committed.

Article 21. Violations against
regulations on registration of the product declaration

1. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for one of the following violations:

a) Producing or importing products which are
subject to mandatory registration of the product declaration but have a safety
indicator found to be unconformable with the permissible limits prescribed in
corresponding regulations/ standards or the declared limits or the limits
specified on the product labels;

b) Producing or importing dietary supplements which
have a quality indicator contributing their effects found to be unconformable
with the declared limits or the limits specified on their labels if the
certificate of registered product declaration is not available but these
dietary supplements are not considered as counterfeits as defined by relevant
laws.

2. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failing to carry out procedures for
registration of the product declaration as regulated by law when producing or
importing the product which is subject to mandatory registration of the product
declaration, or failing to present the certificate of registered product
declaration as regulated when producing or importing such product.

3. Additional penalties:

The production/ import of foods shall be partially
or entirely suspended for a fixed period of 01 – 03 months if the violation
prescribed in Clause 2 of this Article is committed.

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Enforced recall of foods if any of the
violations prescribed in of this Article is committed;

b) Enforced repurposing or recycling or destruction
of foods if the violation prescribed in Clause 1 or Clause 2 of this Article is
committed.

Article 22. Violations against
other regulations on assurance of safety of foods in production, trading, import
and supply of foods

1. A fine equal to 01 – 02 times the product value
shall be imposed for selling or distributing the product which is subject to
the product self-declaration or registration of the product declaration but has
a safety indicator found to be unconformable with the permissible limits
prescribed in corresponding regulations/ standards or the declared limits or
the limits specified on the label of the product that does not have a valid
self-declaration form or the certificate of registered product declaration;
selling or distributing dietary supplements which have a quality indicator
contributing their effects found to be unconformable with the declared limits
or the limits specified on their labels if the certificate of registered product
declaration is not available but these dietary supplements are not considered
as counterfeits as defined by relevant laws.

2. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for any of the following violations against
regulations on production of dietary supplements:

a) Failing to establish and maintain a quality
control system which controls the manufacture and distribution in order to
ensure that all products satisfy the applied standards and are safe until their
expiration;

b) Failing to clean the factory, equipment and
auxiliary utilities on a daily basis;

c) Failing to prepare and retain documents about
the manufacture process, quality control and distribution in a manner that the
history of every batch can be accessed as regulated by laws;

c) Failing to carry out inspections and
supervisions during the manufacture process to avoid confusion, pollution and
cross-contamination; failing to record the result immediately when an operation
is conducted or after a process is done;

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

e) Failing to monitor the product stability as
regulated by laws;

g) Failing to establish procedures for complaint settlement,
product recall, and self-inspection or failing to properly follow the existing
ones; failing to fully record and retain documents about these tasks.

3. Fines shall be imposed for failing to carry out
procedures for product self-declaration or failing to obtain the
self-declaration form or the certificate of registered product declaration when
selling or distributing the product which is subject to the product
self-declaration or registration of the product declaration. To be specific:

a) A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed if the product is worth up to VND 3,000,000;

b) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed if the product is worth more than VND 3,000,000 to
VND 5,000,000;

c) A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed if the product is worth more than VND 5,000,000 to
VND 10,000,000;

d) A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed if the product is worth more than VND 10,000,000 to
VND 20,000,000;

dd) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed if the product is worth more than VND 20,000,000 to
VND 40,000,000;

e) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed if the product is worth more than VND 40,000,000 to
VND 60,000,000;

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

h) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed if the product is worth more than VND 80,000,000 to
VND 100,000,000;

i) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed if the product is worth more than VND 100,000,000.

4. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for one of the following violations:

a) Failing to make another self-declaration or
carry out procedures for re-registration of the product declaration in case of
the change to the product name, origin or ingredients;

b) Failing to submit a written notification of
changes to the competent authority as regulated by law or submitting a written
notification whose contents are unconformable with the changes to the product
or failing to submit convincing documents proving such changes;

c) Altering or falsifying the contents of the
self-declaration form, the declaration form, the certificate of registered
product declaration, the test report, the certificate of food safety or other
documents;

d) Failing to comply with regulations on packaging
in the course of production and/or trading of food additives;

dd) Displaying food additives/ food processing aids
at the place where chemicals serving other purposes are displayed for sale.

5. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for one of the following violations:

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) Selling products/ raw materials that are
manufactured or imported for production or processing of exports or internal
production, are not sold domestically and are exempt from product declaration
and state inspection of safety of imported foods as regulated by laws.

6. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for one of the following violations:

a) Importing, producing, processing, supplying or
selling foods that fail to meet food safety requirements and thus cause food
poisoning and affect the health of 01 – 04 persons;

b) Importing, supplying or selling foods which
contain substances, chemicals, food additives or food processing aids that are
banned or not on the list of permitted substances, chemicals, food additives or
food processing aids if the product value is less than VND 10,000,000 or the
illegal profit earned is less than VND 5,000,000;

c) Importing, supplying or selling foods which
contain substances, chemicals, food additives or food processing aids that are
not permitted to be used or sold in Vietnam if the product value is less than
VND 50,000,000 or the illegal profit earned is less than VND 20,000,000.

7. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for producing, importing, selling or distributing
foods, food additives and/or food processing aids containing or contaminated
with toxic substances or containing substances/ active ingredients which are
not permitted to be used as foods.

8. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for one of the following violations:

a) Importing, producing, processing, supplying or
selling foods that fail to meet food safety requirements and thus cause food
poisoning and affect the health of 05 persons or more but the violation is not
serious enough for criminal prosecution;

b) Importing, supplying or selling foods which
contain substances, chemicals, food additives or food processing aids that are banned
or not on the list of permitted substances, chemicals, food additives or food
processing aids if the product is worth VND 10,000,000 or more, or the illegal
profit earned is more than VND 5,000,000 but the violation is not serious
enough for criminal prosecution;

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

9. 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 of
this Article 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.

10. Additional penalties:

a) The food production/ processing/ trading/ supply
shall be partially or entirely suspended for a fixed period of 01 – 03 months
if the violation prescribed in Clause 7 of this Article is committed;

b) The food production/ processing/ trading/ supply
shall be partially or entirely suspended for a fixed period of 03 – 05 months
if the violation prescribed in Clause 8 of this Article is committed;

c) The food production/ processing/ trading/ supply
shall be partially or entirely suspended for a fixed period of 10 – 12 months
if the violation prescribed in Clause 9 of this Article is committed;

d) The exhibits of the violation prescribed in
Point c Clause 4 of this Article shall be confiscated;

dd) The certificate of registered product
declaration shall be suspended for a fixed period of 10 – 12 months if the
product is subject to mandatory registration of product declaration and the
violation prescribed in Point a or Point b Clause 4, or Point a Clause 5 of
this Article is committed;

e) The certificate of registered product
declaration shall be suspended for a fixed period of 12 – 16 months if the
product is subject to mandatory registration of product declaration and the
violation prescribed in Clause 6 of this Article is committed;

g) The certificate of registered product
declaration shall be suspended for a fixed period of 16 – 20 months if the
product is subject to mandatory registration of product declaration and the
violation prescribed in Clause 7 of this Article is committed;

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

11. Remedial measures:

a) Enforced recall of foods if any of the
violations prescribed in Clauses 1, 5, 6, 7, 8 and 9 of this Article is
committed;

b) Enforced destruction of foods if any of the
violations prescribed in Clauses 1, 6, 7, 8 and 9 of this Article is committed;

c) Enforced payment of costs of handling of food
poisoning cases, examination and treatment for persons poisoned by foods if the
violation prescribed in Point a Clause 6 or Point a Clause 8 of this Article is
committed;

d) Enforced recall of the self-declaration form if
the product is subject to mandatory self-declaration and any of the violations
prescribed in Points a, b Clause 4, Point a Clause 5, Clauses 6, 7, 8 and 9 of
this Article is committed.

Section 4. VIOLATIONS AGAINST
REGULATIONS ON ADVERTISEMENT AND EDUCATION OF FOOD SAFETY; FOOD TESTING; RISK
ANALYSIS, PREVENTION AND HANDLING OF FOOD SAFETY INCIDENTS; TRACING FOOD
ORIGINS, RECALL OF DISQUALIFIED FOODS

Article 23. Violations against
regulations on advertisement and education of food safety

1. A fine ranging from VND 5,000,000 to VND 10,000,000
shall be imposed for lacking the text “Thực phẩm này không phải là thuốc và
không có tác dụng thay thế thuốc chữa bệnh” (equivalent to “this product is not
intended to diagnose, treat, cure or prevent any disease”) in the advertisement
contents about dietary supplements.

2. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for failing to provide information about food
safety at the request of a competent authority.

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

4. A fine ranging from VND 50,000,000 to VND
70,000,000 shall be imposed for one of the following violations:

a) Releasing documents or publications that contain
inaccurate or false information to serve the information dissemination and
education of food safety;

b) Publishing inaccurate or false information about
food safety on means of mass media.

5. Remedial measures:

a) Enforced recall of released documents and
publications if the violation prescribed in Point a Clause 4 of this Article is
committed;

b) Enforced destruction of documents and
publications if the violation prescribed in Point a Clause 4 of this Article is
committed;

c) Enforced removal or deletion of unsuitable
advertisement contents if the violation prescribed in Clause 3 of this Article
is committed;

d) Enforced correction of information that is untrue
or causes misunderstanding if the violation prescribed in Clause 3 or Point b
Clause 4 of this Article is committed.

Article 24. Violations against
regulations on food testing and state inspection of safety of imported foods

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Providing false information about a testing
facility’s testing capacity or its scope of accredited tests serving the state
inspection of food safety;

b) Failing to comply with regulations on reporting.

2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for one of the following violations:

a) The testing facility fails to retain documents
about tests done as regulated;

b) The state authority in charge of inspecting
imported foods fails to retain inspection documents as regulated.

3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for swapping or forging food samples used for
testing serving the state management of food safety but the violation is not
serious enough for criminal prosecution.

4. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for one of the following violations:

a) Altering or falsifying the certificate of
analytical results, the test report, the notice of satisfactory inspection
results of imported foods or other documents relating food testing and state
inspection of safety of imported foods;

b) Deliberately altering testing results or results
of state inspection of safety of imported foods;

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

d) Providing the certificate of analytical results,
the test report, or the notice of satisfactory inspection results without
conducting testing or state inspection of food safety as regulated but the
violation is not serious enough for criminal prosecution.

5. Additional penalties:

a) Food testing or state inspection of safety of
imported foods shall be partially or entirely suspended for a fixed period of
06 – 12 months if the violation prescribed in Clause 3 or Clause 4 of this
Article is committed;

b) The exhibits of the violation prescribed in
Point a Clause 4 of this Article shall be confiscated.

6. Remedial measures:

a) Enforced correction of information if the
violation prescribed in Point a Clause 1 of this Article is committed;

b) Enforced cancellation of testing results or the
notice of satisfactory inspection results of imported foods if any of the
violations prescribed in Points b, c and d Clause 4 of this Article is
committed.

Article 25. Violations against
regulations on prevention and handling of food safety incidents and solutions
for food safety risk factors

1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failing to report the detected food safety
incidents to competent authorities.

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

3. A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed for failing to adopt or improperly implementing
solutions for minimizing food safety risk factors at the request of a competent
authority.

4. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for concealing, altering or removing the scene or
evidences of a food safety incident or deliberately obstructing the detection
and handling of food safety incidents.

Article 26. Violations against
regulations on tracing of origins of unsafe foods, food additives, food
processing aids, food containers and/or primary packages

1. A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for failing to retain information or retaining
insufficient information to serve the tracing of origins of foods.

2. A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed for one of the following violations:

a) Failing to report the shipment of unsafe foods
as regulated by laws;

b) Failing to report or submitting reports
containing false information about the quantities of products of the shipment
of unsafe foods, existing inventories and foods sold;

c) Failing to summarize and submit consolidated
reports to competent authorities on disposal of unsafe products;

d) Providing a report containing inaccurate
information about the shipment of unsafe foods.

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

4. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for failing to promptly implement preventive
measures upon the detection of sold or used products failing to meet food
safety requirements or having safety indicators found to be unconformable with
the permissible limits prescribed in corresponding technical regulations/
standards or the declared limits; or the dietary supplements have a quality
indicator contributing their effects found to be unconformable with the
declared limits.

5. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failing to recall unsafe foods as regulated by
laws.

6. A fine equal to 01 – 02 times the product value shall
be imposed for selling products or distributing the product shipment of which
the sale or distribution must be suspended as notified by a competent authority
or the recall decision has been granted by a competent authority.

7. Additional penalties:

a) The exhibits of violation prescribed in Clause 6
of this Article shall be confiscated if they are not yet destroyed;

b) The certificate of registered product
declaration shall be suspended for a fixed period of 20 – 24 months if the
product is subject to mandatory registration of product declaration and the
violation prescribed in Clause 6 of this Article is committed.

8. Remedial measures:

a) Enforced payment of an amount equal to the value
of the exhibits of violation which have been destroyed if the violation
prescribed in Clause 6 of this Article is committed;

b) Enforced recall of the self-declaration form if
the product is subject to mandatory self-declaration and the violation
prescribed in Clause 6 of this Article is committed.

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

THE POWER TO RECORD
ADMINISTRATIVE VIOLATIONS AND IMPOSE PENALTIES

Article 27. The power to
record administrative violations

1. The persons having the power to impose
administrative penalties mentioned in Articles 28, 29, 30, 31, 32, 33 and 34 of
this Decree shall have the power to record administrative violations within the
ambit of assigned functions, tasks and power.

2. Officials and public employees of health
agencies, agencies of agriculture and rural development, agencies of industry
and trade, and officials, public employees and persons of people’s army or
people’s security forces working at the agencies specified in Articles 28, 29,
30, 31, 32, 33 and 34 herein shall have the power to record administrative
violations when they are on duty and within the ambit of assigned functions,
tasks and power in the field of food safety.

Article 28. Power of
Chairpersons of people’s committees

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

a) 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;

b) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point a of this Clause;

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

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) 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;

b) 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;

c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point a of this Clause;

d) 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:

a) Impose fines up to maximum fines prescribed
herein;

b) 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;

c) Confiscate the exhibits and instrumentalities
for committing administrative violations;

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

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

1. On-duty inspectors or persons who are assigned
to conduct specialized inspections of food safety shall have the power to:

a) Impose fines of up to VND 500,000 for food safety
violations committed by individuals and up to VND 1,000,000 for food safety
violations committed by organizations;

b) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fines specified in
Point a of this Clause;

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

2. Chief Inspectors of Provincial Departments of
Health, Chief Inspectors of Provincial Departments of Agriculture and Rural
Development, Chief Inspectors of Provincial Departments of Industry and Trade,
Chief Inspectors of Provincial Departments of Culture, Sports and Tourism,
Chief Inspectors of Provincial Departments of Information and Communications,
Directors of Branches of Vietnam Food Administration, Directors of Provincial
Departments of Crop Production and Plant Protection, Directors of Animal
Husbandry and Veterinary Departments, Directors of Fisheries Departments,
Directors of branches of the National Agro-Forestry-Fisheries Quality Assurance
Department (NAFIQAD) and holders of equivalent positions assigned by the
Government to conduct specialized inspections of food safety shall, within the
ambit of their assigned duties, functions and powers, have the power to:

a) 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;

b) 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;

c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point a of this Clause;

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

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(028) 3930 3279

DĐ:

0906 22 99 66

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4. Heads of ministerial-level specialized
inspection teams established by the Ministry of Health, the Ministry of
Agriculture and Rural Development, the Ministry of Industry and Trade, the
Ministry of Culture, Sports and Tourism, and the Ministry of Information and
Communications shall have the power to:

a) Impose fines of up to VND 70,000,000 for food
safety violations committed by individuals and up to VND 140,000,000 for food
safety violations committed by organizations;

b) 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;

c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point a of this Clause;

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

5. Chief Inspectors of the Ministry of Health, the
Ministry of Agriculture and Rural Development, the Ministry of Industry and
Trade, the Ministry of Culture, Sports and Tourism, and the Ministry of
Information and Communications, Directors of Directorate of Fisheries, the
Department of Animal Health, the Plant Protection Department, the Department of
Crop Production, the Department of Livestock Production, the National
Agro-Forestry-Fisheries Quality Assurance Department (NAFIQAD), the Agro
Processing and Market Development Authority, the Vietnam Food Administration,
the Authority of Broadcasting and Electronic Information, the Authority of
Press, the Agency of Publication, Print and Release, and holders of equivalent
positions assigned by the Government to conduct specialized inspections of food
safety shall, within the ambit of their assigned duties, functions and powers,
have the power to:

a) Impose fines up to maximum fines prescribed
herein;

b) 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;

c) Confiscate the exhibits and instrumentalities
for committing administrative violations;

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(028) 3930 3279

DĐ:

0906 22 99 66

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Article 30. Power of People’s
public securities forces

1. Soldiers on duty of People’s Public Security
Forces shall have the power to:

Impose fines of up to VND 500,000 for food safety
violations committed by individuals and up to VND 1,000,000 for food safety
violations committed by organizations.

2. Heads of border guard stations, and leaders of
the soldiers mentioned in Clause 1 of this Article shall have the power to:

Impose fines of up to VND 1,500,000 for food safety
violations committed by individuals and up to VND 3,000,000 for food safety
violations committed by organizations.

3. Communal-level police chiefs, heads of public
security stations, heads of public security stations at border gates or export
processing zones shall have the power to:

a) Impose fines of up to VND 2,500,000 for food
safety violations committed by individuals and up to VND 5,000,000 for food
safety violations committed by organizations;

b) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point a of this Clause;

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

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(028) 3930 3279

DĐ:

0906 22 99 66

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b) 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;

c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point a of this Clause;

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

5. Directors of Provincial-level Public Security
Departments shall have the power to:

a) 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;

b) 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;

c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point a of this Clause;

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

6. Directors of the investigation police department
on economic and corruption-related crimes, the traffic police department, the
environment crime prevention and fighting police department, the general
economic security department, the agriculture, forestry and aquaculture
economic security department, and the investigation police department on
smuggling crimes shall have the power to:

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) 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;

c) Confiscate the exhibits and instrumentalities
for committing administrative violations;

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

Article 31. Power to impose
administrative penalties of Border Guard Forces

1. Soldiers on duty of Border Guard Forces shall
have the power to:

Impose fines of up to VND 500,000 for food safety
violations committed by individuals and up to VND 1,000,000 for food safety
violations committed by organizations.

2. Heads of border guard stations, and leaders of
the soldiers mentioned in Clause 1 of this Article shall have the power to:

Impose fines of up to VND 2,500,000 for food safety
violations committed by individuals and up to VND 5,000,000 for food safety
violations committed by organizations.

3. Heads of border-guard stations, commanders of
border-guard flotillas, commanders of border-guard sub-zones and commanders of
port border guards shall have the power to:

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(028) 3930 3279

DĐ:

0906 22 99 66

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b) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point a of this Clause;

c) Enforce the remedial measures mentioned in
Points b, dd, e, i and l Clause 3 Article 2 of this Decree.

4. Commanders of provincial-level border guard forces
and commanders of border guard fleets affiliated to Border Guard High Command
shall have the power to:

a) Impose fines up to maximum fines prescribed
herein;

b) 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;

c) Confiscate the exhibits and instrumentalities
for committing administrative violations;

d) Enforce the remedial measures mentioned in
Points b, dd, e, i and l Clause 3 Article 2 of this Decree.

Article 32. Power of marine
police forces

1. Police officers on duty of marine police forces
shall have the power to:

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(028) 3930 3279

DĐ:

0906 22 99 66

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2. Coastguard team leaders 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.

3. Coastguard squad leaders and captains of
coastguard stations shall have the power to:

a) Impose fines of up to VND 10,000,000 for food
safety violations committed by individuals and up to VND 20,000,000 for food
safety violations committed by organizations;

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

4. Commanders of coastguard platoons shall have the
power to:

a) Impose fines of up to VND 20,000,000 for food
safety violations committed by individuals and up to VND 40,000,000 for food
safety violations committed by organizations;

b) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fines specified in
Point a of this Clause;

c) Enforce the remedial measures mentioned in
Points a, b, dd, e, i and l Clause 3 Article 2 of this Decree.

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(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

a) Impose fines of up to VND 30,000,000 for food
safety violations committed by individuals and up to VND 60,000,000 for food
safety violations committed by organizations;

b) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fines specified in
Point a of this Clause;

c) Enforce the remedial measures mentioned in
Points a, b, dd, e, i and l Clause 3 Article 2 of this Decree.

6. Commanders of regional coastguard command
centers shall have the power to:

a) 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;

b) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fines specified in
Point a of this Clause;

c) Enforce the remedial measures mentioned in
Points a, b, dd, e, i and l Clause 3 Article 2 of this Decree.

7. Director General of Marine Police Department
shall have the power to:

a) Impose fines up to maximum fines prescribed
herein;

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(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

c) Confiscate the exhibits and instrumentalities
for committing administrative violations;

d) Enforce the remedial measures mentioned in Points
a, b, dd, e, i and l Clause 3 Article 2 of this Decree.

Article 33. Power of customs
agencies

1. Customs officials on duty shall have the power
to:

Impose fines of up to VND 500,000 for food safety
violations committed by individuals and up to VND 1,000,000 for food safety
violations committed by organizations.

2. Team leaders of Customs Branches and team
leaders of Post-clearance Audit Branches 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.

3. Directors General of Customs Branches and
Post-clearance Audit Branches, leaders of customs enforcement teams affiliated
to provincial, inter-provincial or city Customs Departments, leaders of
anti-smuggling and control teams, leaders of customs procedure teams, leaders
of marine control squads and leaders of intellectual property protection and
control teams, affiliated to Anti-smuggling and Investigation Department, Vietnam
Customs, shall have the power to:

a) Impose fines of up to VND 25,000,000 for food
safety violations committed by individuals and up to VND 50,000,000 for food
safety violations committed by organizations;

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

4. Directors General of Anti-smuggling and
Investigation Department, and Post-clearance Audit Department, affiliated to
Vietnam Customs, and Directors General of provincial, inter-provincial or city
Customs Departments shall have the power to:

a) 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;

b) 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;

c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fines specified in
Point a of this Clause;

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

5. Director General of Vietnam Customs shall have
the power to:

a) Impose fines up to maximum fines prescribed
herein;

b) Confiscate the exhibits and instrumentalities
for committing administrative violations;

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

Article 34. Power of market
surveillance units

1. Market controllers on duty shall have the power
to:

a) Impose fines of up to VND 500,000 for food safety
violations committed by individuals and up to VND 1,000,000 for food safety
violations committed by organizations.

2. Leaders of market surveillance teams shall have
the power to:

a) Impose fines of up to VND 25,000,000 for food
safety violations committed by individuals and up to VND 50,000,000 for food
safety violations committed by organizations;

b) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fines specified in
Point a of this Clause;

c) 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. Directors General of Market Surveillance
Departments affiliated to Provincial Departments of Industry and Trade, and
Heads of Anti-smuggling Division, Anti-Counterfeiting Division, and Goods
Quality Control Division, affiliated to the Market Surveillance Agency, shall
have the power to:

a) 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;

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

c) 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;

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

4. Director General of Market Surveillance Agency
shall have the power to:

a) Impose fines up to maximum fines prescribed
herein;

b) Confiscate the exhibits and instrumentalities
for committing administrative violations;

c) 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;

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

Article 35. Determination of
power to impose penalties for administrative violations against regulations on
food safety

1. Chairpersons of people’s committees at all
levels shall have the power to make records of administrative violations,
impose penalties and remedial measures against administrative violations prescribed
in Article 4, Article 5, Article 6, Article 7, Article 8, Article 9, Article
10, Article 11, Article 12, Article 13, Article 14, Article 15, Article 16,
Article 17, Article 18, Article 19, Article 20, Article 21, Article 22, Article
23, Article 24, Article 25, and Article 26 hereof within their powers defined
in Article 28 hereof and the ambit of their assigned duties, functions and
powers.

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(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

3. Persons having the power to impose penalties of
police agencies shall have the power to make records of administrative
violations, impose penalties and remedial measures against administrative
violations prescribed in Article 4, Article 5, Article 6, Article 7, Article 8,
Article 9, Article 10, Article 11, Article 12, Article 13, Article 14, Article
15, Article 16, Article 17, Article 18, Article 19, Article 20, Article 21,
Article 22, Article 23, Article 24, Article 25, and Article 26 hereof within
their powers defined in Article 30 hereof and the ambit of their assigned
duties, functions and powers.

4. Persons having the power to impose penalties of
border guard forces as prescribed in Article 31 hereof and of coast guard
forces as prescribed in Article 32 hereof shall have the power to make records
of administrative violations, impose penalties and remedial measures against
administrative violations against regulations on food safety regarding
collection, selling, supply and import of foods prescribed in Clause 3, Point b
Clause 4 and Clause 5 Article 4, Articles 10, 11, Clauses 1, 4 Article 19, Point
a Clause 4 Article 20, Clause 2 Article 21, Point b Clause 1, Points b, c
Clause 6 Article 22, Clause 6 Article 26 hereof within the ambit of their
assigned duties, functions and powers.

5. Persons having the power to impose penalties of
customs agencies as prescribed in Article 33 hereof shall have the power to
make records of administrative violations, impose penalties and remedial
measures against food safety violations which are prescribed in Clauses 1, 2, 4
Article 19, Clauses 2, 3, 4 Article 20, Article 21, Point a Clause 5, Clause 6,
Clause 7, Clause 8, Clause 9 Article 22, Clause 4 Article 24 hereof, detected
in the areas under the management of customs agencies and are not governed by
the Government’s Decree on administrative penalties for customs offences.

6. Persons having the power to impose penalties of
market surveillance units as prescribed in Article 34 hereof shall have the
power to make records of administrative violations, impose penalties and
remedial measures against administrative violations prescribed in Article 4,
Article 5, Article 6, Article 7, Article 8, Article 9, Article 10, Article 11,
Article 12, Article 13, Article 14, Article 15, Article 16, Article 17, Article
18, Article 19, Article 20, Article 21, Article 22, Article 23, Article 24,
Article 25, and Article 26 hereof within the management of food safety by the
Ministry of Industry and Trade and the ambit of their assigned duties,
functions and powers.

7. Persons having the power to impose penalties of
inspectorates of Information and Communications agencies as prescribed in
Article 29 hereof shall have the power to make records of administrative
violations, impose penalties and remedial measures against administrative
violations prescribed in Article 23 hereof within the ambit of their assigned
functions, duties and powers.

8. Persons having the power to impose penalties of
inspectorates of Culture, Sports and Tourism agencies as prescribed in Article
29 hereof shall have the power to make records of administrative violations,
impose penalties and remedial measures against administrative violations
prescribed in Article 15, Clause 1 Article 18 and Article 23 hereof within the
ambit of their assigned functions, duties and powers.

Chapter IV

IMPLEMENTATION
PROVISIONS

Article 36. Entry into force

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(028) 3930 3279

DĐ:

0906 22 99 66

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2. This Decree supersedes the Government’s Decree
No. 178/2013/ND-CP dated November 14, 2013 on penalties for administrative
violations against regulations on food safety.

Article 37. Transition clauses

1. Food safety offences committed before the date
of entry into force of this Decree and discovered afterwards or under
consideration shall be governed by the regulations that are advantageous to the
organizations and individuals at fault.

2. Violations relating the product granted the
Certificate of Declaration of conformity or the Certificate of Declaration of
conformity with the food safety regulations which is still valid as regulated
in Clause 1 Article 42 of the Government’s Decree No. 15/2018/ND-CP dated
February 02, 2018 shall be handled as follows:

a) If the product granted the Certificate of
Declaration of conformity or the Certificate of Declaration of conformity with
the food safety regulations as regulated in the Decree No. 15/2018/ND-CP is
subject to the product self-declaration, the regulations on products subject to
self-declaration hereof shall apply;

b) If the product granted the Certificate of
Declaration of conformity or the Certificate of Declaration of conformity with
the food safety regulations as regulated in the Decree No. 15/2018/ND-CP is
subject to mandatory registration of the product declaration, the regulations
on products subject to registration of the product declaration hereof shall
apply.

Article 38. Post-market
surveillance

1. The Ministry of Health, the Ministry of
Agriculture and Rural Development, the Ministry of Industry and Trade and
People’s Committees of provinces and central-affiliated cities shall organize
post-market surveillance of food safety by means of inspections and
supervisions of food safety within the scope of their management as regulated;
assign food safety agencies of ministries and people’s committees to assume
responsibility for post-market surveillance of food safety.

2. The post-market surveillance of manufacturers,
sellers, importers or advertisers of foods must be regularly and consecutively
made upon the declaration, production, import, trading or distribution, and
advertisement of products, and other activities relating food production,
processing, trading and testing, and state inspection of safety of imported
foods.

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

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Article 39. Responsibility for
implementation

1. The Minister of Health shall instruct, organize
and inspect the implementation of this Decree.

2. The Minister of Agriculture and Rural
Development and the Minister of Industry and Trade shall instruct, organize and
inspect the implementation of this Decree within the scope of their management;
cooperate with the Minister of Health in instructing, organizing and inspecting
the implementation of this Decree.

3. Ministers, heads of ministerial-level agencies,
heads of the Government’s affiliates, Chairpersons of People’s Committees of
provinces and central-affiliated cities and relevant agencies, organizations
and individuals shall be responsible for implementing this Decree./.

 

 

ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER

Nguyen Xuan Phuc