THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No. 178/2013/ND-CP
|
Hanoi,
November 14, 2013
|
DECREE
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.
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Article 1. Scope of regulation
1. This Decree provides for 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 on the conditions for food safety assurance during the food
production and trading;
c) Violations of regulations on safety 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
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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 caution 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;
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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
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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;
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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.
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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 toxic substances.
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;
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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;
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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.
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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 caution or fine of between VND 300,000 and
500,000 for violation related to less than 10 persons;
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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.
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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 caution 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;
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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;
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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 caution 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;
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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 caution 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;
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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;
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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
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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:
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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.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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:
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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;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 food derived
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 are infected or contain residues
in 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
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 planting but 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.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 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.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 caution 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;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 by regulations on transport,
storage of genetically 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 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;
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;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 caution 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.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A caution 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 caution 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;
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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.
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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 caution 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;
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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;
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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:
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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:
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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:
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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.
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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.
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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.
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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 caution;
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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 caution;
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:
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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 caution;
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;
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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 caution;
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 caution;
b) To fine up VND 70,000,000;
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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 caution;
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
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a) To impose a caution;
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 caution;
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 caution;
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;
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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 caution;
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 caution;
b) To fine up VND 50,000,000;
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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 caution;
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
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a) To impose a caution;
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 caution;
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 caution;
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;
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4. Heads of the provincial border guard, captains
of border marine regiments affiliated the command of border guards, have
rights:
a) To impose a caution;
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 caution;
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2. Heads of professional teams of Coast Guard have
rights:
a) To impose a caution;
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 caution;
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 caution;
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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 caution;
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 caution;
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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 caution;
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
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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
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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