Decree No. 115/2018/ND-CP dated September 04, 2018 of the Government on penalties for administrative violations against regulations on food safety

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ATTRIBUTE

Decree No. 115/2018/ND-CP dated September 04, 2018 of the Government on penalties for administrative violations against regulations on food safety
Issuing body: GovernmentEffective date:
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Official number:115/2018/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:04/09/2018Effect status:
Known

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Fields:Administrative violation , Medical - Health

SUMMARY

Not cover street foods, vendors are fined up to VND 1 million

This is the content of the Decree No. 115/2018/ND-CP on penalties for administrative violations against regulations on food safety which is issued on September 04, 2018 by the Government.

Accordingly, 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. Specifically, a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for one of the violations against food safety requirements by street food vendors as follow:

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

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

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

Besides, this Decree also prescribes many penalties for administrative violations against regulations on food safety such as:

- 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;

- Using persons who directly process foods but do not wear hats (or hair nets) and masks, or do not have their nails cut when working in direct contact with cooked foods/fast foods in canteens, industrial kitchens, kitchens or restaurants…

This Decree takes effect on October 20, 2018.

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Effect status: Known

THE GOVERNMENT

Decree No. 115/2018/ND-CP dated September 04, 2018 of the Government 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

GENERAL PROVISIONS

Article 1. Scope of adjustment

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

1. Pecuniary penalty shall be the main penalty imposed on each administrative violation against regulations on food safety.

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;

dd) Enforced repurposing or recycling of foods, food additives, food processing aids, food containers and primary packages of disqualified foods;

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.

3. Organizations mentioned in Clauses 1, 2 of this Article include:

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.

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