Decree No. 178/2013/ND-CP dated November 14, 2013 of the Government on sanction of administrative violations on food safety

THE GOVERNMENT

Decree No.178/2013/ND-CP dated November 14, 2013 of the Government on sanction of administrative violations on food safety

Pursuant to the December 25, 2001 Law on Organization of Government;

Pursuant to the June 20, 2012 Law on handling of administrative violations;

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

At the proposal of Minister of Health,

The Government promulgates Decree on sanction of administrative violations on food safety.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides acts of administrative violations, sanctioning forms and levels, remedial measures, the authority to make minutes of administrative violations and authority to sanction administrative violations on food safety.

2. Administrative violations on food safety regulated in this Decree include:

a) Violations of regulations on conditions for safety assurance for food products;

b) Violations of regulations onthe conditions for food safety assurance during the food production and trading;

c) Violations of regulations onsafety conditions for imported and exported food;

d)Violations of regulations on information, education, communications about food safety; testing food; analyzing risks, prevention and remedy of food safety incidents; tracing the origins, recall and disposal of unsafe food.

3. Other acts of administrative violations related to food safety which are regulated in Decrees on sanctioning administrative violations on veterinary, fishery, standards, measurement and quality, commerce, culture, sport, tourism and advertisement, labor and other sectors shall be sanctioned administratively according to those respective Decrees. 

Article 2. Subjects of application

1. Vietnamese individuals and organizations; foreign individuals and organizations committing acts of administrative violations on food safety on Vietnam’s territory.

2. Persons competent to make minutes, to sanction administrative violations and other relevant individuals and organizations.

Article 3. Sanctioning forms and remedial measures

1. For each acts of administrative violations on food safety, the infringing individuals and organizations must suffer one of forms of principal sanction including warning or fine.

2. Depending on nature and extent of violations, individuals and organizations committing administrative violations on safety food may be applied one or many forms of additional principal sanction as follows:

a) Deprivation of the right to use certificate of facility eligible for food safety for a defined time or suspension of operation for a defined time;

b) Confiscation of material evidences and means used to commit administrative violations on food safety.

3. Apart from forms of the principal sanction, additional sanction, organizations and individuals that commit administrative violations may also be applied one or some of remedial measures specified in Points d, dd, e, g and h Clause 1 Article 28 of Law on handling of administrative violations and the following remedial measures:

a) Forcible examination on veterinary hygiene for products of terrestrial animals which have not yet checked veterinary hygiene before being produced or processed into food;

b) Forcible change of use purpose for the infringed goods;

c) Forcibly cancelling the testing result which is performed from food samples which are fraudulently exchanged or to forged, or reports of testing result which are issued in contravention with regulations;

d) Forcible destruction of the forged papers;

dd) Forcible payment for all costs to handle food poisoning, cost for medical examination and treatment for persons suffer food poisoning in cases of occurring food poisoning.   

Article 4. Provisions on fine levels, competence to sanction for individuals and organizations 

1. The maximum fine level imposed for each act of administrative violation on food safety shall be VND 100,000,000 applicable to individuals and VND 200,000,000 applicable to organizations, except for case defined in Clause 2 of this Article.

2. If after applying the maximum fine level of the fine bracket as prescribed at Clauses 4, 5 and 6 Article 5, Clause 6 Article 6; Clause 3 Article 7; point d and point dd Clause 5, points b, c and d Clause 6 Article 16; Clause 4 Article 26 of this Decree, it is still fewer than 3.5 times of total food value infringed (for the infringing individuals) or fewer than 07 times of total food value infringed (for the infringing organizations), it is permitted to apply the fine level which will be equal to 3.5 times of total food value infringed at time of violation for individuals or 07 times of total food value infringed at time of violation for organizations.    

3. The fine levels defined in Chapter 2 of this Decree are fine levels applicable to individuals.  The fine level for a same administrative violation committed by an organization shall be equal to twice of the fine level imposed for an individual.

4. The authority to sanction by fines of titles defined in Chapter 3 of this Decree is authority applied to one act of administrative violation committed by individuals. In case of fine, the authority to fine on organizations shall be equal to twice authority to sanction on individuals.

Chapter 2.

ACTS OF ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND LEVELS, AND REMEDIAL MEASURES

SECTION 1. VIOLATIONS OF REGULATIONS ON CONDITIONS FOR SAFETY ASSURANCE FOR FOOD PRODUCTS

Article 5. Violations of regulations on using food ingredients in producing and processing food

1. A fine of between 80% and 100% of total food value infringed at time of violation for act of using products of terrestrial animals which have not yet checked veterinary hygiene in accordance with regulations for producing or processing food and provided that it does not exceed VND 100,000,000.

2. A fine of between 100% and 120% of total food value infringed at time of violation for act of using food ingredients, ingredients to make food additives, food processing enhancers which have expired or have no expiry date for food ingredients, ingredients to make food additives, food processing enhancers in catalogues forcibly inscribing the expiry date for producing or processing food ingredients, ingredients to make food additives, food processing enhancers and provided that it does not exceed VND 100,000,000.

3. A fine of between 120% and 150% of total food value infringed at time of violation for act of using products of terrestrial animals which have checked veterinary hygiene but fail to meet requirements for producing and processing food and provided that it does not exceed VND 100,000,000.

4. A fine of between VND 10,000,000 and 20,000,000 for act of using ingredients failing to ensure food safety for producing or processing food, except for acts specified at Clauses 1, 2, 3, 5 and 6 of this Article.

5. A fine of between VND 30,000,000 and 50,000,000 for act of using ingredients which fail to identify origin, or fail to have certificate of origin issued by competent state agencies in accordance with regulations for producing or processing food.

6. A fine of between VND 70,000,000 and 100,000,000 for one of the following acts:

a) Using ingredients not in the category used to make food for producing and processing food;

b) Using animals which are suffered infectious diseases, animals died due to diseases, epidemics or unclear reason, forcibly destroyed at the request of state competent agencies for producing or processing food;

c) Using food ingredients which contain impurities put into without food safety assurance for producing and processing food.

7. A fine of equal to 3.5 times of total food value infringed which is produced from ingredients failing to ensure food safety for acts specified in Clauses 4, 5 and 6 of this Article if the highest fine levels of the fine bracket specified at Clauses 4, 5 and 6 of this Article are fewer than 3.5 times of total food value infringed at time of violation.

8. Forms of additional sanction:

a) Suspension of activities of producing and processing food for 01 thru 02 months for acts specified at Clause 2 and Clause 3 of this Article;

b) Suspension of activities of producing and processing food for 02 thru 03 months for acts specified at Clause 4 and Clause 5 of this Article;

c) Suspension of activities of producing or processing food for 03 thru 06 months for acts specified at Clause 6 of this Article.

9. Remedial measures:

a) Forcible inspection of veterinary hygiene for act specified at Clause 1 of this Article;

b) Forcible destruction of exhibits of violations for acts specified at Clauses 2, 3, 4 and 5, Point a and Point b Clause 6 of this Article; 

c) Forcible removal of impurities aiming to ensure food safety for consignment infringed but not in category of forcible destruction for acts specified at Point c Clause 6 of this Article; unless the removal is not able to be implemented, the forcible destruction will be applied.  

Article 6. Violations of regulations on using food additives, food processing enhancers in producing and processing food

1. A fine of between VND 3.000.000 and 5.000.000 for act of using food additives, food processing enhancers in the list permitted use in accordance with regulations but in excess of the permitted limitation.

2. A fine of between VND 10.000.000 and 20.000.000 for act of using food additives, food processing enhancers in the list permitted use in accordance with regulations but they are expired or have no expiry date.

3. A fine of between VND 20.000.000 and 30.000.000 for act of using food additives, food processing enhancers which fail to meet the respective technical regulations and regulations on food safety.

4. A fine of between VND 30.000.000 and 40.000.000 for act of using food additives, food processing enhancers outside the list permitted use.

5. A fine of between VND 40.000.000 and 50.000.000 for act of using food additives, food processing enhancers not identifying source, origin.

6. A fine of between VND 70.000.000 and 100.000.000 for act of using food additives, food processing enhancers containing toxicsubstances.

7. A fine of equal to 3.5 times of total food value infringed for act specified at Clause 6 of this Article if the highest fine levels of the fine bracket specified at Clause 6 of this Article are fewer than 3.5 times of total food value infringed at time of violation.

8. Forms of additional sanction:

a) Suspension of activities of producing or processing food for 02 thru 03 months for acts specified at Clauses 2, 3, 4 and 5 of this Article;

b) Suspension of activities of producing or processing food for 03 thru 06 months for acts specified at Clause 6 of this Article.

9. Remedial measures:

Forcible destruction of exhibits of violations for acts specified at Clauses 2, 3, 4, 5 and 6 of this Article.

Article 7. Violations of regulations on using chemicals in producing or processing food

1. A fine of between VND 10.000.000 and 20.000.000 for act of using chemicals permitted use in activities of producing and processing food but they are expired or have no expiry date.

2. A fine of between VND 20.000.000 and 40.000.000 for act of using chemicals not stated in List permitted use, chemicals not identify origin for producing and processing food.

3. A fine of between VND 70.000.000 and 100.000.000 for act of using chemicals which are banned use in producing and processing food for thereof.

4. A fine of equal to 3.5 times of total food value infringed for act specified at Clause 3 of this Article if the highest fine levels of the fine bracket specified at Clause 3 of this Article are fewer than 3.5 times of total food value infringed at time of violation.

5. Forms of additional sanction:

a) Suspension of activities of producing or processing food for 02 thru 04 months for acts specified at Clause 1 of this Article;

b) Suspension of activities of producing or processing food for 04 thru 06 months for acts specified at Clause 2 of this Article;

c) Suspension of activities of producing or processing food for 06 thru 12 months for acts specified at Clause 3 of this Article.

6. Remedial measures:

Forcible destruction of exhibits of violations for acts specified at Clauses 1, 2 and 3 of this Article.

Article 8. Violations of regulations on fortifying micronutrients in food

1. A fine of between VND 3.000.000 and 5.000.000 for act of fortifying the micronutrients including vitamins, minerals and trace elements in food which are in the prescribed list but used with a content exceeding the permitted content in accordance with regulations.

2. A fine of between VND 5.000.000 and 10.000.000 for act of fortifying the micronutrients including vitamins, minerals and trace elements in food which are not in the prescribed list.

Article 9. Violations of regulations on using packaging materials, instruments in direct contact with food in food production and business

1. A fine of between VND 5,000,000 and 10,000,000 for act of using packaging materials, instruments in direct contact with food in the category which must register an announcement of technical-regulation conformity or announcement of conformity with regulations on food safety but having no a receipt paper of announcement of technical-regulation conformity or certificate of announcement of conformity with regulations on food safety or having but having expired before such packaging materials, instruments in direct contact with food are produced, imported for the food production and business.

2. A fine of between VND 10.000.000 and 20.000.000 for act of using the packaging materials, instruments in direct contact with food which fail to meet the respective technical regulations and regulations on food safety for food production and business.

3. A fine of between VND 20.000.000 and 40.000.000 for act of using the packaging materials, instruments in direct contact with food which contain toxic substances or contaminated toxic substances for food production and business.

4. Forms of additional sanction:

a) Suspension of activities of food production and business for 02 thru 03 months for acts specified at Clause 2 of this Article;

b) Suspension of activities of food production and business for 03 thru 06 months for acts specified at Clause 3 of this Article;

5. Remedial measures:

Forcible change of use purpose or destruction of exhibits of violations for acts specified at Clause 3 of this Article.

SECTION 2. VIOLATIONS OF REGULATIONS ON THE CONDITIONS FOR FOOD SAFETY ASSURANCE DURING THE FOOD PRODUCTION AND BUSINESS

Article 10. Violations of regulations on using materials for packaging, instruments in direct contact with food in food production and business

1. To sanction on act of performing periodical health examination for objects must perform periodical health examination but failing to perform full the prescribed tests or use the expired certificates of health eligibility according to one of the following levels:

a) A warning or fine of between VND 300,000 and 500,000 for violation related to less than 10 persons;

b) A fine of between VND 500,000 and 1,000,000 for violation related to between 10 persons and less than 20 persons;

c) A fine of between VND 1,000,000 and 2,000,000 for violation related to between 20 persons and less than 100 persons;

d) A fine of between VND 3,000,000 and 5,000,000 for violation related to between 100 persons and less than 500 persons;

dd) A fine of between VND 5,000,000 and 10,000,000 for violation related to 500 persons or more.

2. To sanction on act of failing to perform periodical health examination for objects must perform periodical health examination according to one of the following levels:

a) A fine of between VND 500,000 and 1,000,000 for violation related to less than 10 persons;

b) A fine of between VND 1,000,000 and 2,000,000 for violation related to between 10 persons and less than 20 persons;

c) A fine of between VND 3,000,000 and 5,000,000 for violation related to between 20 persons and less than 100 persons;

d) A fine of between VND 5,000,000 and 10,000,000 for violation related to between 100 persons and less than 500 persons;

dd) A fine of between VND 10,000,000 and 20,000,000 for violation related to 500 persons or more.

3. A fine of between VND 3,000,000 and 5,000,000 for act of modifying, erasing, falsifying content of certificate of health eligibility.

4. A fine of between VND 3,000,000 and 5,000,000 for act of modifying, erasing, falsifying content of certificate of health eligibility.

5. A fine of between VND 7,000,000 and 10,000,000 for act of using persons suffered diseases or have clinical signs of diseases in list of infectious diseases or clinical signs of diseases banned from direct participation in process of producing and processing food.

6. Remedial measures:

Forcible destruction of the forged certificate of health eligibility for acts specified at Clause 4 of this Article.

Article 11. Violations of regulations on coaching of the knowledge on food safety, technical officers, staff in producing and trading in food, food additives, processing enhancers, instruments, materials packaging, containing food

1. To sanction on act of failing to perform the update of knowledge on food safety in accordance with regulations for objects which must update knowledge as prescribed according to one of the following levels:

a) A warning or fine of between VND 300,000 and 500,000 for violation related to less than 10 persons;

b) A fine of between VND 500,000 and 1,000,000 for violation related to between 10 persons and less than 20 persons;

c) A fine of between VND 1,000,000 and 2,000,000 for violation related to between 20 persons and less than 100 persons;

d) A fine of between VND 3,000,000 and 5,000,000 for violation related to between 100 persons and less than 500 persons;

dd) A fine of between VND 5,000,000 and 10,000,000 for violation related to 500 persons or more.

2. To sanction on act of using persons in case where such persons must be coached the knowledge on food safety in accordance with regulations while they do not possess certificate of coaching the knowledge on food safety according to one of the following levels:

a) A fine of between VND 500,000 and 1,000,000 for violation related to less than 10 persons;

b) A fine of between VND 1,000,000 and 2,000,000 for violation related to between 10 persons and less than 20 persons;

c) A fine of between VND 3,000,000 and 5,000,000 for violation related to between 20 persons and less than 100 persons;

d) A fine of between VND 5,000,000 and 10,000,000 for violation related to between 100 persons and less than 500 persons;

dd) A fine of between VND 10,000,000 and 20,000,000 for violation related to 500 persons or more.

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

a) Producing, trading food, food additives, processing enhancers, instruments, materials packaging, containing food in case where it compulsorily has technical officers or staff but it fails to have technical officers or staff in accordance with regulation;

b) Modifying, erasing, falsifying content of certificate of coaching the knowledge on food safety or papers proving the update of knowledge on food safety. 

4. A fine of between VND 5,000,000 and 7,000,000 for act of using the certificates of coaching the knowledge on food safety or papers proving the update of knowledge on food safety which are forged.

5. Remedial measures:

Forcible destruction of the forged certificate for acts specified at Clause 4 of this Article.

Article 12. Violations of regulations on practicing food safety in production and business of food, food additives, food processing enhancers, instruments, materials for packaging or containing food

1. To sanction on act of using employees who are equipped, wear the protective labor clothes as prescribed insufficiently according to one of the following levels:

a) A warning or fine of between VND 300,000 and 500,000 for violation related to less than 10 persons;

b) A fine of between VND 500,000 and 1,000,000 for violation related to between 10 persons and less than 20 persons;

c) A fine of between VND 1,000,000 and 2,000,000 for violation related to between 20 persons and less than 100 persons;

d) A fine of between VND 3,000,000 and 5,000,000 for violation related to between 100 persons and less than 500 persons;

dd) A fine of between VND 5,000,000 and 10,000,000 for violation related to 500 persons or more.

2. To sanction on act of using employees who fail to be equipped, wear the protective labor clothes as prescribed according to one of the following levels:

a) A fine of between VND 500,000 and 1,000,000 for violation related to less than 10 persons;

b) A fine of between VND 1,000,000 and 2,000,000 for violation related to between 10 persons and less than 20 persons;

c) A fine of between VND 3,000,000 and 5,000,000 for violation related to between 20 persons and less than 100 persons;

d) A fine of between VND 5,000,000 and 10,000,000 for violation related to between 100 persons and less than 500 persons;

dd) A fine of between VND 10,000,000 and 20,000,000 for violation related to 500 persons or more.

3. To sanction on violations of regulations on practicing food safety during the food production and business according to one of the following levels:

a) A warning or fine of between VND 300,000 and 500,000 for violation related to less than 10 persons;

b) A fine of between VND 500,000 and 1,000,000 for violation related to between 10 persons and less than 20 persons;

c) A fine of between VND 1,000,000 and 2,000,000 for violation related to between 20 persons and less than 100 persons;

d) A fine of between VND 3,000,000 and 5,000,000 for violation related to between 100 persons and less than 500 persons;

dd) A fine of between VND 5,000,000 and 10,000,000 for violation related to 500 persons or more.

Article 13. Violations of regulations on general conditions for food safety assurance in production and business of food, food additives, food processing enhancers, instruments, materials for packaging or containing food

1. A fine of between VND 1,000,000 and 3,000,000 for one of the following acts:

a) Failing to ensure regulations on safe location or distance for toxic and pollution sources as well as other harmful elements;

b) Failing to equip fully devices, apply measures to prevent and combat harmful insects and animals in accordance with regulations.

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

a) Failing to equip sufficiently the suitable devices and instruments in accordance with regulations for the processing of ingredients, processing, packing, preservation and transport of various kinds of food, food additives, food processing enhancers, instruments, materials for packaging or containing food;

b) Failing to equip sufficiently the suitable devices, instruments, facilities for washing and sterilizing, antiseptic water in accordance with regulations;

c) Failing to ensure the food safety during production and business of food, food additives, food processing enhancers, instruments, materials for packaging or containing food in accordance with regulations, except for acts specified at Clause 1, Point a and Point b Clause 2 and Clause 3 of this Article. 

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

a) Using water which fail to meet technical regulations for production and business of food, food additives and food processing enhancers;

b) The process of preliminarily processing, processing food, food additives, food processing enhancers, instruments, materials for packaging or containing food fails to ensure food safety or food in contact with the pollution and toxic elements;

c) Failing to apply the suitable measures to manage waste in the production and business zone of food, food additives, food processing enhancers, instruments, materials for packaging or containing food, causing environmental pollution;

d) Using detergent and antiseptic chemicals in food production and business in contrary to regulations.

4. A fine for act of failing to set up and apply the systems of good manufacturing practice (GMP), good hygiene practice (GHP, SSOP), good agricultural practice (GAP, VietGAP), hazard analysis and critical control point (HACCP) and other advanced systems of food safety management for the production and business facilities in case of compulsory application in accordance with regulations of competent state agencies according to the following levels:

a) A fine of between VND 5,000,000 and 10,000,000 for the initial production operation;

b) A fine of between VND 10,000,000 and 20,000,000 for the production operation included preliminarily processing, processing and preservation;

Article 14. Violations of regulations on conditions for food safety assurance in preservation of food, food additives, food processing enhancers, instruments, materials for packaging or containing food

1. A fine of between VND 1,000,000 and 3,000,000 for one of the following acts:

a) Failing to preserve separately each kind of food, food additives, food processing enhancers, instruments, materials for packaging or containing food causing risk of cross-pollution;

b) Failing to equip specialized-use devices to control temperature, humidity, air ventilation and other conditions for the special preservation at the requirement of each kind of food, food additives, food processing enhancers;

c) Failing to have books recording temperature, humidity, air ventilation and other conditions for food ingredients, food additives, food processing enhancers, food products which have special requirements for preservation;

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

a) Using places, means for food preservation which fail to ensure hygiene;

b) Failing to observe with regulations on preservation of food, food additives, food processing enhancers, instruments, materials for packaging or containing food as announced by individuals and organizations conducting the production or processing;

c) Using places with harmful insects or animals as places for preservation of food, food additives, food processing enhancers, instruments, and materials for packaging or containing food.

3. A fine of between VND 5,000,000 and 10,000,000 for act of preserving food, food additives, food processing enhancers, instruments and materials packaging, containing food together with toxic substances.

4. Remedial measures:

a) Forcible destruction of exhibits of violations being food, food additives, food processing enhancers which are preserved together with toxic substances for violations specified at Clause 3 of this Article;

b) Forcible change of use purpose or destruction of exhibits of violations being instruments, materials packaging, containing food which are preserved together with toxic substances for violations specified at Clause 3 of this Article.

Article 15. Violations of regulations on conditions for food safety assurance during transport of food, food additives, food processing enhancers, instruments, materials for packaging or containing food

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

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

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

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

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

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

b) Transporting food together with harmful substances.

3. Remedial measures:

a) Forcible removal of contaminated elements for food, food additives, food processing enhancers, instruments, materials for packaging or containing food, for acts specified at Clause 1, and Clause 2 of this Article; except for case of failing to remove them, in this case, forcible destruction is applied;

b) Forcible change of use purpose for means of transport, for acts specified at Point a Clause 1 and Point a Clause 2 of this Article; 

c) Forcible change of use purpose or destruction of the contaminated instruments, materials for packaging, containing food, for acts specified at Clause 1 and Clause 2 of this Article.

Article 16. VIOLATIONS OF REGULATIONS ON THE CONDITIONS FOR FOOD SAFETY ASSURANCE IN THE PRODUCTION AND BUSINESS OF FRESH FOOD DERIVED FROM AQUATIC PRODUCTS

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

2. A fine of between VND 5,000,000 and 7,000,000 for acts of collecting, preliminarily processing aquatic species derived from the rearing establishments banned taking and the cultivation zones banned taking.

3. A fine of between VND 10,000,000 and 15,000,000 for acts of hiring other person to transport or exploit aquatic species derived from the rearing establishments banned taking and the cultivation zones banned taking.

4. A fine of between VND 30,000,000 and 50,000,000 for acts of processing aquatic species derived from the rearing establishments banned taking and the cultivation zones banned taking.

5. A fine for act of putting impurities into aquatic products, collecting, preliminarily processing, preserving, processing, trading aquatic products with impurities according to one of the following levels:

a) A fine of between VND 300,000,000 and 500,000,000 for act of directly putting impurities into aquatic products;

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

c) A fine of between VND 10,000,000 and 20,000,000 for acts of hiring other persons to transport aquatic products with impurities, unless being permitted by competent state agencies;

d) A fine of between VND 30,000,000 and 50,000,000 for act of collecting, preserving, trading aquatic products with impurities put into;

dd) A fine of between VND 70,000,000 and 100,000,000 for act as organizer to put impurities into aquatic products or preliminarily process, process aquatic products with impurities put into.

6. A fine for act of exploiting, collecting, preliminarily processing, preserving, processing, trading aquatic products with natural toxicity according to one of the following levels:

a) A fine of between VND 20,000,000 and 30,000,000 for acts of deliberately exploiting aquatic species with c banned use as food in accordance with regulations.

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

c) A fine of between VND 40,000,000 and 50,000,000 for act of hiring other persons to transport aquatic products with natural toxicity harming to the human health, unless being permitted by competent state agencies;

d) A fine of between VND 70,000,000 and 100,000,000 for act of collecting, preliminarily processing, processing, trading aquatic species with natural toxicity harming to the human health used to make food, unless being permitted by competent state agencies;

7. A fine of equal to 3.5 times of total food value infringed for act specified at Point d and Point dd Clause 5, Points b, c, and d Clause 6 of this Article if the highest fine levels of the fine bracket specified at Clause 5 and Clause 6 of this Article are fewer than 3.5 times of total food value infringed at time of violation.

8. Forms of additional sanction:

a) Deprivation of the right to use certificate of facilities eligible for food safety for 03 thru 06 months for acts of preliminarily processing aquatic products specified at Clause 2, acts specified at Clause 4 of this Article; activities of preserving, trading aquatic products specified at point d Clause 5 of this Article; activities of preliminarily processing, preserving, processing, trading aquatic products specified at point d Clause 6 of this Article;

b) Suspension of operation for 01 thru 03 months for acts specified at Point dd Clause 5 of this Article; activities of collection specified at Point d Clause 6 of this Article;  

c) Confiscation of the infringed aquatic product consignments specified at Clauses 1, 2, and 4 of this Article;

d) Confiscation of means, instruments used to commit violations for acts specified at Point d and Point dd Clause 5 of this Article.

9. Remedial measures:

a) Forcible destruction of aquatic product consignments which fail to ensure food safety for acts specified at Clauses 2, 3 and 4 of this Article;

b) Forcible removal of impurities for consignment infringed but not in category which must be destroyed, for acts specified at Clause 5 of this Article; unless the removal is not able to be implemented, the forcible destruction will be applied. 

c) Forcible destruction of aquatic product consignment containing natural toxicity harming to the human health, for acts specified at Clause 6 of this Article.

Article 17. Violations of regulations on the conditions for food safety assurance in the production and business of animals and fresh products of animals used to make food

1. A fine of between 80% and 100% of total food value infringed at time of violation for one of the following acts but the maximum fine does not exceed VND 100,000,000:a) Trading products of animals which are inoculated vaccine with duration not sufficient as prescribed;

b) Trading products of animals which have been used veterinary medicines but not yet had sufficient duration necessary of stopping medicine in accordance with guide of producers.

2. A fine of between 100% and 120% of total food value infringed at time of violation for one of the following acts but the maximum fine does not exceed VND 100,000,000:

a) Trading fresh foodderived from terrestrial animals which are putrid or have change in color and smell;

b)Trading fresh food derived from terrestrial animals which are put additionally impurities but do not affect the food safety.

3. A fine of between 120% and 150% of total food value infringed at time of violation for acts of trading fresh products of animals which areinfected or contain residuesin excess of the permitted limitation but the maximum fine does not exceed VND 100,000,000:

4. Remedial measures:

Forcible destruction of exhibits of violations for acts specified at Point a Clause 2 and Clause 3 of this Article.

Article 18. Violations of regulations on the conditions for food safety assurance in the production and business of fresh food derived from plants

1. A fine of between VND 500,000 and 1,500,000 for act of producing, preliminarily processing, and processing, trading fresh food derived from plants which infringe one of conditions on food safety assurance in accordance with regulations.

2. A fine of between 40% and 60% of total food value infringed at time of violation for acts of producing, trading fresh food derived from plants with one of criteria in excess of limitation on food safety in accordance with regulations but the maximum fine does not exceed VND 100,000,000.

3. A fine of between 60% and 80% of total food value infringed at time of violation for acts of producing fresh food derived from plants with use of chemicals,preparations not included in list allowed use in plantingbut the maximum fine does not exceed VND 100,000,000.

4. A fine of between 80% and 100% of total food value infringed at time of violation for acts of producing, trading fresh food derived from plants with use of chemicals banned from use in planting but the maximum fine does not exceed VND 100,000,000.

5. Remedial measures:

Forcible destruction of exhibits of violations for acts specified at Clauses 2, 3 and 4 of this Article.

Article 19. Violations of regulations on the conditions for food safety assurance in trading the processed food

1. A fine of between VND 500,000 and 1,000,000 for one of the following acts in trading the processed food which has not yet been packaged:

a) Failing to apply measures to prevent food from being spoiled, getting mould, contact with insects, animals, dust or other contaminating elements;

b) Failing to provide information on origin and day of production of food.

2. A fine of between VND 1,000,000 and 3,000,000 for one of the following acts in trading the processed food which has been packaged:

a) Failing to observe conditions on safety assurance for instruments, materials for packaging, containing food, conditions on food safety assurance in food preservation in accordance with regulations;

b) Failing to ensure and maintain the hygiene of business place;

c) Failing to preserve food in accordance with guide of producers.

3. Remedial measures:

Forcible change of use purpose or destruction of food which is spoiled, gets mould, is polluted, for acts specified at Point a Clause 1 of this Article.

Article 20. Violations of regulations on the conditions for food safety assurance in trading service of catering of kinds of canteens, stores providing fast food, cooked food

1. A fine of between VND 500,000,000 and 1,000,000 for one of the following acts:

a) To arrange the fast food, the cooked food for sale without hygienic preservation instruments, without tables or shelves with a distance higher than ground in accordance with regulations;

b) Failing to arrange separately fresh food and cooked food;

c) Using zones for processing, preservation, dining rooms which fail to ensure hygiene or have harmful insects or animals;

d) Using instruments to divide or contain food and eating utensils which fail to ensure hygiene;

dd) Failing to equip tools to contain garbage, wastes in accordance with regulation or equip but not ensure hygiene; failing to tidy up garbage, wastes every day.

2. A fine of between VND 1,000,000 and 3,000,000 for one of the following acts:

a) Using water which fail to meet technical regulations for processing food;

b) Using ingredients without papers proving source, origin; or ingredients which are expired for use, fail to ensure safety for processing food;

c) Using food additives without source, origin; or expired for use, not be stated in the list of food additives permitted use in accordance with regulations, failing to ensure safety for processing food;

d) Processing food which fails to ensure safety;

dd) Trading in service of catering failing to ensure food safety leading to food poisoning.

3. Forms of additional sanction:

Suspension of operation of trading service of catering for 01 thru 03 months in case of repeating the acts specified at Point dd Clause 2 of this Article. 

4. Remedial measures:

a) Forcible destruction of food ingredients which do not identify source, origin; are expired, spoiled,putrid specified in Point b Clause 2 of this Article; food additives infringing provision at Point c Clause 2 of this Article; thespoiled orputrid  food specified at Point d Clause 2 of this Article;  

b) Forcible payment for all costs to handle food poisoning, cost for medical examination and treatment for persons suffer food poisoning, for acts specified in Point dd Clause 2 of this Article. 

Article 21. Violations of regulations on the conditions for food safety assurance in trading service of catering of kinds such as processing the ready-to-eat food rations; canteens trading in food and beverage, collective cooking-stoves; cooking-stoves, restaurants of hotels, resorts; restaurants

1. A fine of between VND 1,000,000 and 3,000,000 for one of the following acts:

a) Using cooking-stoves failing to be designed and arranged in the one-direction principle;

b) Arranging food on the unsanitary preservation instruments, tables or shelves are not higher than ground in accordance with regulations; 

c) Failing to have tools for process, preservation and use which are separated between fresh food and processed food;

d) Failing to apply measures to prevent harmful insects and animals.

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

a) Failing to ensure conditions for environmental hygiene, failing to separate from toilets and other contaminated sources;

b) Using eating utensils made of unsafe materials;

c) Using detergent and antiseptic chemicals in contrary to regulations.

d) Dining rooms, dining tables, tables processing food, warehouses or places to preserve food fail to ensure safety and hygiene;

dd) Failing to have books to record implementation of regime of 3-step food examination according to guides of the Ministry of Health or have but fail to record fully contents in accordance with regulations;

e) Failing to equip tools to collect, contain garbage, wastes in accordance with regulations or equip but not ensure hygiene;

g) Failing to tidy up garbage, wastes every day; sewers in zone of stores, kitchen rooms causing choke, stagnancy;

h) Failing to have toilets, places for washing hands;

i) Failing to keep food sample or keep sample in contrary to regulations.

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

a) Using water which fails to meet technical regulations for processing and trading food;

b) Failing to perform the periodical water test in accordance with regulations;

c) Using ingredients without papers proving source, origin; or ingredients which are expired for use, fail to ensure safety for processing food;

d) Using food additives without source, origin; or expired for use, not be stated in the list of food additives permitted use in accordance with regulations, failing to ensure safety for processing food;

d) Processing food which fails to ensure safety;

e) Production and business facilities which have units processing ready-to-eat food rations, canteens trading in food and beverage, the collective cooking-stoves; cooking-stoves, restaurants of hotels, resorts; restaurants which occur food poisoning.

4. A fine of between VND 10,000,000 and 15,000,000 for trading service of catering which fails to ensure food safety leading to food poisoning.

5. Forms of additional sanction:

Suspension of operation of trading service of catering for 01 thru 03 months in case of repeating the acts specified at Clause 4 of this Article.

6. Remedial measures:

a) Forcible destruction of food ingredients which do not identify source, origin; are expired, spoiled, putrid specified in Point c Clause 3 of this Article; food additives infringing provision at Point d Clause 3 of this Article; the spoiled or putrid food specified at Point dd Clause 3 of this Article; 

b) Forcible payment for all costs to handle food poisoning, cost for medical examination and treatment for persons suffer food poisoning, for acts specified in Clause 4 of this Article.

Article 22. Violations of regulations on the conditions for food safety assurance in trading the street- food

1. A warning or fine of between VND 300,000 and 500,000 for one of the following acts:

a) Arranging food for sale without tables, shelves, or means which ensure the food safety;

b) Failing to have tools to shield sunlight, rain, dust, harmful insects and animals;

c) Using places of arrangement and sale which are not separated with the sources causing toxicity, pollution;

d) Failing to equip instruments to preserve food in accordance with regulations;

dd) Using eating utensils, instruments for processing, containing, preserving food which fail to ensure food safety;

e) Using hands in direct contact with food.

2. A fine of between VND 500,000 and 1,000,000 for one of the following acts:

a) Using water which fails to meet technical regulations for processing and trading food;

b) Using ingredients to process food, which have no source, origin, are expired for use, fail to ensure safety;

c) Using food additives without source, origin; or expired for use, not be stated in the list of food additives permitted use in accordance with regulations, failing to ensure safety;

d) Using packages, bags to contain food not ensuring food safety;

dd) Trading food which fails to ensure safety.

3. A fine of between VND 1,000,000 and 2,000,000 for trading street-food which fails to ensure food safety leading to food poisoning.

4. Remedial measures:

a) Forcible destruction of food ingredients which do not identify source, origin; are expired, spoiled, putrid specified in Point b Clause 2 of this Article; food additives infringing provision at Point c Clause 2 of this Article; the spoiled or putrid food specified at Point dd Clause 2 of this Article;   

b) Forcible payment for all costs to handle food poisoning, cost for medical examination and treatment for persons suffer food poisoning, for acts specified in Clause 3 of this Article.

Article 23. Violations of regulations on conditions for food safety assurance involving functional food,genetically modified food, irradiated food

1. A fine of between VND 10,000,000 and 20,000,000 for one of the following acts:

a) Producing and trading functional food in the category which must report on experiments regarding efficiency of utilities of products but failing to report in accordance with regulations;

b) Failing to abide regulations on transport, storage ofgenetically modified food, genetically modified creatures used to make food.

2. A fine of between VND 30,000,000 and 50,000,000 for one of the following acts:

a) Producing, trading food fromgenetically modified creatures, products of genetically modified creatures named in list of genetically modified creatures granted certificates of eligibility for using to make food but having no certificate of genetically modified creatures eligible for use to make food in accordance with regulations;

b) Producing, trading food from genetically modified creatures, products of genetically modified creatures named in list of genetically modified creatures granted certificates of eligibility for using to make food but having no certificate of genetically modified creatures eligible for use to make food in accordance with regulations;

c) Producing, trading food which is preserved by irradiation method not in list of food group permitted irradiation;

d) Producing, trading food which is preserved by irradiation method not complying with regulations on irradiation dose;

3. Remedial measures:

a) Forcible withdrawal of the infringed goods for acts specified at Point a Clause 1 and Point a Clause 2 of this Article;

b) Forcible withdrawal for destruction of the infringed goods for acts specified at Points b, c and d Clause 2 of this Article.

Article 24. Violations of regulations on certificate of facilities eligible for food safety

1. To sanction on act of trading service of catering infringing regulations on certificate of facilities eligible for food safety under the management scope of communal level, according to one of the following levels:

a) A warning for act of using certificate of facility eligible for food safety which was expired less than 01 month ago;

b) A fine of VND 300,000 and 500,000 for act of using certificate of facility eligible for food safety which was expired from 01 thru 03 months ago;

c) A fine of VND 500,000 and 1,000,000 for act of possessing no certificate of facility eligible for food safety in accordance with regulations or possessing a certificate which was expired more than 03 months ago;

d) A fine of between VND 1,000,000 and 2,000,000 for act of modifying, erasing, falsifying content of certificate of facility eligible for food safety;

dd) A fine of VND 2,000,000 and 3,000,000 for act of using a forged certificate of facility eligible for food safety.

2. To sanction on act of producing, trading, preserving food, trading service of catering infringing regulations on certificate of facilities eligible for food safety under the management scope of district level, according to one of the following levels:

a) A warning for act of using certificate of facility eligible for food safety which was expired less than 01 month ago;

b) A fine of VND 1,000,000 and 3,000,000 for act of using certificate of facility eligible for food safety which was expired from 01 thru 03 months ago;

c) A fine of VND 3,000,000 and 5,000,000 for act of possessing no certificate of facility eligible for food safety in accordance with regulations or possessing a certificate which was expired more than 03 months ago;

d) A fine of between VND 5,000,000 and 7,000,000 for act of modifying, erasing, falsifying content of certificate of facility eligible for food safety;

dd) A fine of VND 7,000,000 and 10,000,000 for act of using a forged certificate of facility eligible for food safety.

3. To sanction on act of producing, trading, preserving food, trading service of catering infringing regulations on certificate of facilities eligible for food safety under the management scope of provincial level or higher, according to one of the following levels:

a) A warning for act of using certificate of facility eligible for food safety which was expired less than 01 month ago;

b) A fine of VND 4,000,000 and 6,000,000 for act of using certificate of facility eligible for food safety which was expired from 01 thru 03 months ago;

c) A fine of VND 10,000,000 and 15,000,000 for act of possessing no certificate of facility eligible for food safety in accordance with regulations or possessing a certificate which was expired more than 03 months ago;

d) A fine of between VND 15,000,000 and 20,000,000 for act of modifying, erasing, falsifying content of certificate of facility eligible for food safety;

dd) A fine of VND 20,000,000 and 25,000,000 for act of using a forged certificate of facility eligible for food safety.

4. Remedial measures:

Forcible destruction of the forged certificate for acts specified at point dd Clause 1, Point dd Clause 2 and Point dd Clause 3 of this Article.

SECTION 3. VIOLATIONS OF REGULATIONS ON THE CONDITIONS FOR FOOD SAFETY ASSURANCE IN THE FOOD PRODUCTION, BUSINESS, IMPORT AND EXPORT

Article 25. Violations of regulations on conditions for food safety assurance applicable to imported and exported food

1. A fine of between VND 10.000.000 and 15.000.000 for act of importing food, food additives, food processing enhancers, instruments and materials packaging, containing food in category of state examination on import food safety in case where the examination has been implemented but competent examination agencies have not yet issued notification on result of certifying food satisfying requirements of import in respect to each consignment.

2. A fine of between VND 15,000,000 and 20,000,000 for one of the following acts:

a) Failing to perform examination on food safety for import and export food, food additives, food processing enhancers, instruments and materials packaging, containing food in category of compulsory examination in accordance with regulations;

b) Importing functional food, food fortified micronutrients, genetically modified food, irradiated food without certificate of free circulation or medical certificate in accordance with regulations.

3. A fine of between VND 20,000,000 and 30,000,000 for act of modifying, erasing, falsifying content of one of kinds of papers:  Certificate of free circulation or medical certificate or notification on result of certifying on satisfying requirement of import for each import consignment; certificate of origin; certificate of quality, food safety granted for food consignment in respect to export food.

4. A fine of between VND 30,000,000 and 40,000,000 for act of using one of the following forged papers: Certificate of free circulation or medical certificate or notification on result of certifying on satisfying requirement of import for each import consignment; certificate of origin; certificate of quality, food safety granted for export food consignment.

5. Remedial measures:

a) Forcible recall of import food, food additives, food processing enhancers, instruments, materials packaging or containing food which have been examined state on food safety but not yet had notification on result of certifying on satisfying requirement of import for acts specified at Clause 1 of this Article; recall of import food, food additives, food processing enhancers, instruments, materials packaging or containing food which are not examined by state agencies on food safety for acts specified at Point a Clause 2 of this Article;

b) Forcible re-export or destruction or change of use purpose of import goods infringed, for acts specified at Point b Clause 2 of this Article;

c) Forcible destruction of the forged paper for acts specified at Clause 4 of this Article.

Article 26. Violations of other regulations on food safety assurance during the food production, business and import

1. To sanction on act of selling the processed and packaged food, food ingredients, food additives, food processing supports, instruments or material packaging, containing food which are in the category which must implement announcement of technical-regulation conformity, announcement of conformity with regulations on food safety but  failing to possess a receipt paper of such announcement or possessing but such announcements were expired before those goods are produced or imported; wholesale, retail of food, food ingredients, food additives, food processing enhancers, instruments, materials packaging or containing food which circulate in the market but not conform with technical regulations or regulations on food safety, according to one of the following levels:

a) A warning or fine of between VND 100,000 and 200,000 for case where the infringed consignment is valuable up to VND 5,000,000;

b) A fine of between VND 300,000 and 500,000 for case where the infringed consignment is valuable from more VND 5,000,000 to VND 10,000,000;

c) A fine of between VND 1,000,000 and 2,000,000 for case where the infringed consignment is valuable from more VND 10,000,000 to VND 20,000,000;

d) A fine of between VND 3,000,000 and 6,000,000 for case where the infringed consignment is valuable from more VND 20,000,000 to VND 40,000,000;

dd) A fine of between VND 7,500,000 and 15,000,000 for case where the infringed consignment is valuable from more VND 40,000,000 to VND 80,000,000;

e) A fine of between VND 20,000,000 and 30,000,000 for case where the infringed consignment is valuable from more VND 80,000,000 to VND 200,000,000;

g) A fine of between VND 40,000,000 and 50,000,000 for case where the infringed consignment is valuable more VND 200,000,000.

2. A fine for act of producing, importing, selling out market food, food ingredients, food additives, food processing enhancers, instruments, materials for packaging or containing food which fail to conform with technical regulations or regulations on food safety, according to one of the following levels:

a) A fine of between VND 500,000 and 1,000,000 for case where the infringed consignment is valuable up to VND 5,000,000;

b) A fine of between VND 1,000,000 and 2,500,000 for case where the infringed consignment is valuable from more VND 5,000,000 to VND 10,000,000;

c) A fine of between VND 2,500,000 and 5,000,000 for case where the infringed consignment is valuable from more VND 10,000,000 to VND 20,000,000;

d) A fine of between VND 5,000,000 and 10,000,000 for case where the infringed consignment is valuable from more VND 20,000,000 to VND 40,000,000;

dd) A fine of between VND 10,000,000 and 20,000,000 for case where the infringed consignment is valuable from more VND 40,000,000 to VND 80,000,000;

e) A fine of between VND 20,000,000 and 40,000,000 for case where the infringed consignment is valuable from more VND 80,000,000 to VND 160,000,000;

g) A fine of between VND 40,000,000 and 80,000,000 for case where the infringed consignment is valuable from more VND 160,000,000 to VND 320,000,000;

h) A fine of between VND 80,000,000 and 100,000,000 for case where the infringed consignment is valuable more VND 320,000,000.

3. A fine of between VND 10,000,000 and 15,000,000 for one of the following acts:

a) Producing or importing food, food ingredients, food additives, food processing enhancers, instruments or material packaging, containing food which are in the category which must implement announcement of technical-regulation conformity, announcement of conformity with regulations on food safety but failing to possess a receipt paper of such announcement or possessing but such announcements were expired;

b) Failing to maintain the periodical quality control and product test in accordance with regulations;

c) Failing to timely perform preventive measures upon detecting that goods which are circulating or have been put into use do not conform with announcement of technical-regulation conformity or announcement of conformity with regulations on food safety or do not conform with the respective regulations on food safety.

4. A fine of between VND 30,000,000 and 50,000,000 for act of producing, importing, selling out market food, food additives, food processing enhancers containing toxic substances or infected toxic substances, except for acts specified at Clauses 1, 2 and 3 of this Article.

5. A fine on violations of regulations on using the announcement of technical-regulation conformity, announcement of conformity with regulations on food safety applicable to food, food additives, food processing enhancers, instruments and materials for packaging, containing food in the category which must register for such announcement, according to one of the following levels:

a) A fine of between VND 5,000,000 and 7,000,000 for act of modifying, erasing, falsifying content of the detailed information of products in dossier of registration for announcement of technical-regulation conformity or announcement of conformity with regulations on food safety already certified by competent state agencies;

b) A fine of between VND 7,000,000 and 10,000,000 for act of using the detailed information of products which is forged papers in dossier of registration for announcement of technical-regulation conformity or announcement of conformity with regulations on food safety already certified by competent state agencies;

c) A fine of between VND 10,000,000 and 15,000,000 for act of modifying, erasing, falsifying content of the receipt paper of announcement of technical-regulation conformity or announcement of conformity with regulations on food safety;

d) A fine of between VND 15,000,000 and 20,000,000 for act of using the receipt paper of announcement of technical-regulation conformity or announcement of conformity with regulations on food safety which is forged;

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

a) Failing to store dossier of announcement of technical-regulation conformity, the receipt paper of announcement of technical-regulation conformity or dossier of announcement of conformity with regulations on food safety, the receipt paper of announcement of conformity with regulations on food safety;

b) Failing to provide copy of the receipt paper of announcement of technical-regulation conformity, the confirmation paper of announcement of conformity with regulations on food safety for individuals and organizations selling goods products being food, food ingredients, food additives, and food processing enhancers, instruments or material packaging, containing food.

7. A fine of equal to 3.5 times of total food value infringed for act specified at Clause 4 of this Article if the highest fine levels of the fine bracket specified at Clause 4 of this Article are fewer than 3.5 times of total food value infringed at time of violation.

8. A fine of between VND 5,000,000 and 10,000,000 for act of operating in time of requesting for delaying examination, inspection due to stopping or temporarily stopping the activities of production, business and import of food.

9. Forms of additional sanction:

Suspension of activities for 03 thru 06 months for acts specified at Clause 4 of this Article.

10. Remedial measures:

a) Forcible recall of goods products infringed which are circulating in market in order to change use purpose or re-process, for acts specified at Clause 2 of this Article; in case of failing to reprocess, forcible destruction is applied. 

b) Forcible re-export or destruction of import goods, for acts specified at Clause 2 of this Article;

c) Forcible withdrawal of the infringed goods, for acts specified at Point c Clause 3 of this Article;

d) Forcible recall for destruction of the infringed goods, for acts specified at Clause 4 of this Article;

dd) Forcible destruction of the forged papers, for acts specified at Point b and point d Clause 5 of this Article.

SECTION 4. VIOLATIONS OF REGULATIONS ON INFORMATION, EDUCATION, COMMUNICATIONS ABOUT FOOD SAFETY; TESTING FOOD; ANALYZING RISKS, PREVENTION AND REMEDY OF FOOD SAFETY INCIDENTS; TRACING THE ORIGINS OF UNSAFE FOOD

Article 27. Violations of regulations on information, education, communications of food safety

1. A fine of between VND 500,000 and 1,000,000 for one of the following acts:

a) Failing to supply information of food safety at the request of competent state agencies;

b) Providing information of food safety which is not accurate, right with the truth.

2. A fine of between VND 5,000,000 and 10,000,000 for act of releasing documents, publications for information, education, communications of food safety which are not accurate, right with the truth.

3. Remedial measures:

Forcible recall for destruction of the infringed documents, publications, for acts specified at Clause 2 of this Article;

Article 28. Violations of regulations on testing food

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

a) Providing wrong information of the testing capability or the scope already recognized, appointed for the testing in serve of state management on food safety of experiment rooms;

b) Failing to perform the test and the reporting regime in accordance with regulations.

2. A fine of between VND 5,000,000 and 10,000,000 for act of providing an experiment result which is untrue.

3. A fine of between VND 10,000,000 and 20,000,000 for one of the following acts:

a) Exchanging fraudulently or forging food sample used for test in serve of the state management work;

b) Failing to implement the experiment but still providing certificate of the analysis result, sheet of testing result;

c) Modifying, erasing, falsifying content of certificate of the analysis result, sheet of experiment result or other paper relating to the food testing;  

d) Using the forged certificate of the analysis result, sheet of testing result;

dd) Deliberately falsifying the testing result.

4. Remedial measures:

a) Forcible correction of false information, for acts specified at Point a Clause 1 of this Article;

b) Forcible cancellation of the testing result, for acts specified at Points a, b, and dd Clause 3 of this Article;

c) Forcible destruction of the forged papers, for acts specified at Point d Clause 3 of this Article.

Article 29. Violations of regulations on prevention, combat, and remedy of incidents on food safety and implementation of solutions to restrict risks of unsafe food

1. A fine of between VND 1,000,000 and 3,000,000 for act of failing to notify competent state agencies upon detecting the incidents on food safety.

2. A fine of between VND 3,000,000 and 5,000,000 for act of failing to perform or performing insufficiently measures of prevention against incidents on food safety at the request of competent state agencies.

3. A fine of between VND 5,000,000 and 10,000,000 for act of failing to perform or performing insufficiently solutions to restrain risk of unsafe food at the request of competent state agencies.

Article 30. Violations of regulations on tracing source of unsafe food

1. A fine of between VND 3,000,000 and 5,000,000 for act of failing to keep or keeping insufficiently dossier of source, origin of ingredients, food additives, food processing enhancers, packaging materials, instruments in direct contact with food and other documents of the process of food production and business.

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

a) Failing to notify about the unsafe product batches;

b) Failing to report on quantity of products of the unsafe product batches which remains in warehouse in reality and quantity which is circulating in the market; plan of recall and the handling measures.

3. A fine of between VND 10,000,000 and 20,000,000 for act of conducting recall, handling not strictly according to requirements of competent state agencies for the unsafe food.

4. A fine of between VND 20,000,000 and 30,000,000 for act of failing to conduct the recall, perform necessary handling measures at the request of competent state agencies for the unsafe food.

Chapter 3.

THE AUTHORITY TO MAKE MINUTES OF ADMINISTRATIVE VIOLATIONS, AND SANCTION ADMINISTRATIVE VIOLATIONS ON FOOD SAFETY

Article 31. The authority to make minutes of administrative violations

Persons competent to make minutes of administrative violations on food safety include:

1. Titles competent to sanction specified at Articles 32, 33, 34, 35 and 36, Clause 1 Article 37 of this Decree.

2. Civil servants and public employees under sectors of: Health, Agriculture and Rural Development, Industry and Trade, who are on duty, task, have the authority to make minutes on administrative violations for violations under their assigned scope of duties and tasks. The minutes, after being made, must be transferred to persons competent to sanction in order to sanction in accordance with regulations.

Article 32. The authority to sanction of chairpersons of People’s Committees

1. Chairpersons of the communal People’s Committees have rights:

a) To impose a warning;

b) To fine up VND 5,000,000;

c) To confiscate material evidences, means used to commit administrative violations with value not exceeding the fine levels specified at point b this clause;

d) To apply remedial measures specified at Point dd Clause 1 Article 28 of the Law on handling of administrative violations.

2. Chairpersons of the district-level People’s Committees have right:

a) To impose a warning;

b) To fine up VND 50,000,000;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

dd) To apply remedial measures specified at Points dd, e and h Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at Points a, b, c, d and dd Clause 3 Article 3 of this Decree.

3. Chairpersons of the provincial People’s Committees have right:

a) To impose a warning;

b) To fine up the maximum levels as prescribed in this Decree;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations;

dd) To apply remedial measures specified at Clause 3 Article 3 of this Decree.

Article 33. The authority to sanction of Inspectorate

1. Inspectors, persons assigned to implement task of specialized inspection on food safety, and fields related to food safety under sectors of: Health, Agriculture and Rural Development, Industry and Trade who are on duty have rights:

a) To impose a warning;

b) To fine up VND 500,000;

c) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

d) To apply remedial measures specified at Point dd Clause 1 Article 28 of the Law on handling of administrative violations.

2. The Chief Inspectors of the provincial Health Departments, the provincial Departments of Agriculture and Rural Development, the provincial Departments of Industry and Trade; heads of agencies assigned implementation of the specialized inspection function on food safety and sectors related to food safety of the provincial Health Departments, the provincial Departments of Agriculture and Rural Development, the provincial Departments of Industry and Trade; heads of the specialized inspection teams at provincial department level, heads of the specialized inspection teams of agencies assigned implementation of the specialized inspection function on food safety and sectors related to food safety under the sectors of: Health, Agriculture and Rural Development, Industry and Trade have rights:

a) To impose a warning;

b) To fine up VND 50,000,000;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

dd) To apply remedial measures specified at Clause 3 Article 3 of this Decree.

3. Heads of the specialized inspection teams at ministerial level of the ministries of: Health, Agriculture and Rural Development, Industry and Trade have rights:

a) To impose a warning;

b) To fine up VND 70,000,000;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

dd) To apply remedial measures specified at Clause 3 Article 3 of this Decree.

4. The Chief Inspectors of the Health Ministry, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade; heads of agencies assigned implementation of the specialized inspection function on food safety and sectors related to food safety under the Health Ministry, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade have rights:

a) To impose a warning;

b) To fine up the maximum levels as prescribed in this Decree;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations;

dd) To apply remedial measures specified at Clause 3 Article 3 of this Decree.

Article 34. The authority to sanction of People s Public Security

1. Soldiers of People’s Public Security on duty have rights:

a) To impose a warning;

b) To fine up VND 500,000;

2. Heads of station, heads of team of persons defined at Clause 1 of this Article have rights:

a) To impose a warning;

b) To fine up VND 1,500,000;

3. Heads of commune-level police offices, heads of police station, heads of police stations of border gates or the processing-and-exporting zones have rights:

a) To impose a warning;

b) To fine up VND 2,500,000;

c) To confiscate material evidences, means used to commit administrative violations with value not exceeding the fine levels specified at Point b this clause;

d) To apply remedial measures specified at Point dd Clause 1 Article 28 of the Law on handling of administrative violations.

4. Heads of the district Police offices, heads of specialized Divisions of the Traffic Police Department for roadway, railway, heads of specialized Divisions of Waterway Police Department; heads of Police Divisions at provincial level including heads of Police Offices for investigation of crimes on Economic and Position Management Order, heads of Traffic Police Offices for roadway, railway, heads of waterway Traffic Police Offices, heads of Police Offices for prevention and combat of crimes on environment, have rights:

a) To impose a warning;

b) To fine up VND 20,000,000;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

dd) To apply remedial measures specified at Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at Points a, b, c, d and dd Clause 3 Article 3 of this Decree.

5. Directors of the provincial Public Security Offices have rights:

a) To impose a warning;

b) To fine up VND 50,000,000;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

dd) To apply remedial measures specified at Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at Points a, b, c, d and dd Clause 3 Article 3 of this Decree.

6. Director of the Police Department for Investigating Crimes on Economic and Position Management Order, Director of the Traffic Police Department for roadway, railway, Director of the Waterway Traffic Police Department, Director of the Police Department for prevention and combat of Crimes on environment, have rights:

a) To impose a warning;

b) To fine up the maximum levels as prescribed in this Decree;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations;

dd) To apply remedial measures specified at Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at Points a, b, c, d and dd Clause 3 Article 3 of this Decree.

Article 35. The authority to sanction of Border Guard

1. Soldiers of Border Guard on duty have rights:

a) To impose a warning;

b) To fine up VND 500,000;

2. Heads of station, heads of team of persons defined at Clause 1 of this Article have rights:

a) To impose a warning;

b) To fine up VND 2,500,000.

3. Heads of border guard stations, captains of border marine groups, commanders of border sub-zones, commanders of border station at border gates of ports, have rights:

a) To impose a warning;

b) To fine up VND 20,000,000.

c) To confiscate material evidences, means used to commit administrative violations with value not exceeding the fine levels specified at point b this clause;

d) To apply remedial measures specified at Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at Points a, b, c, d and dd Clause 3 Article 3 of this Decree.

4. Heads of the provincial border guard, captains of border marine regiments affiliated the command of border guards, have rights:

a) To impose a warning;

b) To fine up the maximum levels as prescribed in this Decree;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations;

dd) To apply remedial measures specified at Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at Points a, b, c, d and dd Clause 3 Article 3 of this Decree.

Article 36. The authority to sanction of Coast Guard

1. Policemen of Coast Guard on duty have rights:

a) To impose a warning;

b) To fine up VND 1,500,000.

2. Heads of professional teams of Coast Guard have rights:

a) To impose a warning;

b) To fine up VND 5,000,000.

3. Heads of professional squads of Coast Guard, heads of Coast Guard Stations have rights:

a) To impose a warning;

b) To fine up VND 10,000,000.

c) To apply remedial measures specified at Point dd Clause 1 Article 28 of the Law on handling of administrative violations.

4. Heads of Coast Guard flotillas have rights:

a) To impose a warning;

b) To fine up VND 20,000,000.

c) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

d) To apply remedial measures specified at Point d and Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at Points a, b, c, d and dd Clause 3 Article 3 of this Decree.

5. Heads of Coast Guard regiments have rights:

a) To impose a warning;

b) To fine up VND 30,000,000;

c) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

d) To apply remedial measures specified at Point d and Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at Points a, b, c, d and dd Clause 3 Article 3 of this Decree.

6. Heads of Regional Coast Guard have rights:

a) To impose a warning;

b) To fine up VND 50,000,000;

c) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at Point b of this Clause;

d) To apply remedial measures specified at Point d and Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at Points a, b, c, d and dd Clause 3 Article 3 of this Decree.

7. Heads of Coast Guard Departments have rights:

a) To impose a warning;

b) To fine up the maximum levels as prescribed in this Decree;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations;

dd) To apply remedial measures specified at Point d and Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at Points a, b, c, d and dd Clause 3 Article 3 of this Decree.

Article 37. The authority to sanction of other agencies and determination of the authority to sanction on food safety

1. Persons competent to sanction of agencies including:  Market management agencies, public security agencies (except for titles specified at Clause 4 of this Article), other specialized inspection agencies, customs offices, border guard, coast guard and other agencies competent to sanction as prescribed in the Law on handling of administrative violations shall have the authority to sanction administrative violations and apply remedial measures for acts specified in this Decree under the assigned fields and geographical areas and under their assigned functions and tasks.  

2. Chairpersons of People’s Committees at all levels shall have the authority to sanction administrative violations and apply remedial measures for acts specified in this Decree and within their management localities.

3. The specialized inspection agencies of: Health, Agriculture and Rural Development, Industry and Trade shall have the authority to sanction administrative violations and apply remedial measures for acts specified in this Decree and within their assigned management scope and tasks.

4. Policemen of commune-level, district-level, provincial police offices, Police posts, border-gate and processing and exporting zone police stations, heads of commune-level police offices, heads of border-gate and processing and exporting zone police stations, heads of district-level police offices, Directors of the provincial Public Security Department shall have the authority to sanction administrative violations and apply remedial measures for acts specified in this Decree in localities managed by them.

Chapter 4.

PROVISIONS OF IMPLEMENTATION

Article 38. Effect of implementation

1. This Decree takes effect on December 31, 2013.

2. The Government’s Decree No. 91/2012/ND-CP dated November 08, 2012 on sanctioning administrative violations on food safety cease to be effective on the effective date of this Decree.

Article 39. Transitional provisions

Administrative violations on food safety which have occur before the effective day of this Decree, and have been detected after that date or are being considered and settled, provisions beneficial for the infringing organizations and individuals are applied.  

Article 40. Responsibilities for guiding and implementing

1. The Minister of Health shall guide, organize and examine implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Chairpersons of People’s Committees at all levels and relevant agencies, organizations and individuals shall implement this Decree.

On behalf of the Government

Prime Minister

Nguyen Tan Dung