|
THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
|
No. 91/2012/ND-CP |
Hanoi, November 08, 2012 |
DECREE
ON THE PENALTIES FOR ADMINISTRATIVE VIOLATIONS OF FOOD SAFETY
Pursuant to the Law on Government organization dated December 25th 2001;
Pursuant to the Law of Food safety dated June 17th 2010;
Pursuant to the Ordinance on Handling administrative violations dated July 02nd 2002; the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations dated April 02nd 2008;
At the proposal of the Minister of Health;
The Government promulgates a Decree on the penalties for administrative violations of food safety,
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
1. The Government prescribes the acts of violations, the forms and levels of penalties, the remedial measures, and the authority to impose penalties for administrative violations of food safety.
2. The acts of administrative violations of food safety are acts committed by organizations and individuals that deliberately or unintentionally violate the law regulations on food safety that do not constitute a crime, and must be administratively penalized as prescribed in this Decree.
3. The acts of administrative violations of food safety prescribed in this Decree include:
a) The violations of the regulations on food safety assurance;
b) The violations of the regulations on the conditions for food safety during the production and provision of food;
c) The violations of the regulations on safety conditions for imported and exported food;
d) The violations of regulations on the advertisement, information, education, dissemination about food safety, and food labeling;
dd) The violations of the regulations on testing food, analyzing risks, preventing and resolving food safety incidents; tracing origins, recalling and handling unsafe food; obstructing the State management of food safety.
4. The acts of administrative violations of food safety prescribed in this Decree that are already prescribed in other Decrees, this Decree shall apply.
Article 2. Subjects of application
1. This Decree is applicable to the organizations and individuals that commit violations of food safety prescribed, unless otherwise prescribed by the International Agreements to which Vietnam is a signatory.
2. The individuals being public employees and officers that commit the violations prescribed in this Decree during their work shall not be administratively penalized, and shall be subject to disciplinary actions as prescribed by law regulations on public employees and officers.
Article 3. The forms of penalties for administrative violations and remedial measures
1. For each acts of administrative violations of food safety committed, the violating organizations and individuals shall be subject to one of the following primary forms of penalties:
a) Warnings;
b) Fines.
The maximum fines for one acts of administrative violations of food safety is 100,000,000 VND.
2. Depending on the nature and extent of violations, the organizations and individuals that commit administrative violations are also subject to one of the following forms of additional penalties:
a) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity to food safety condition; the Certificate of advertisement contents;
b) Confiscating the exhibits and instruments used for committing administrative violations of food safety, including the documents that are changed, falsified, or improperly issued.
3. Apart from the forms of penalties prescribed in Clause 1 and Clause 2 this Article, the organizations and individuals that commit administrative violations must also take one ore more remedial measures as follows:
a) Enforcing the restoration of the original condition that have been changed while committing the violations;
b) Enforcing the implementation of the measures for resolving the environment pollution and the spread of infection caused by the administrative violations;
c) Enforcing the re-export of the foods, and instruments from Vietnam;
d) Enforcing the recall, destruction, or reprocessing the food, food ingredients, food additives, food processing supplements, instruments and materials for wrapping and storing food that commit violations; enforcing the collection and destruction of the violating documents and instruments, unless they must be kept as evidence for further handling;
dd) Other remedial measures specified in Chapter II of this Decree;
e) The organizations and individuals that commit administrative violations must incur all the cost of remedial measures as prescribed by law.
Article 5. The application of law regulations on penalties for administrative violations
1. The principle of penalties; handling minors committing administrative violations; mitigating circumstances, aggravating circumstances, the statute of limitations and time limit for penalties; the period considered not being penalized; the method of calculating the time limit and statute of limitations; the application of forms of administrative penalties and remedial measures; the determination of the authority to impose penalties for administrative violations; the records of administrative violations, the decision on imposing penalties; the procedure for imposing fines, collecting fines; the procedure for confiscating and handling exhibits and instruments used during the violations, the implementation of the decisions on imposing penalties, the delay of the implementation of the decisions on imposing fines, enforcing the implementation of the decision on imposing administrative penalties, and transferring the decision on imposing penalties for administrative violations of food safety for implementation; the transfer of violations that denote crimes for criminal prosecution, must comply with law regulations on handling administrative violations.
2. The forms of records and decisions used in the imposition of penalties for administrative violations of food safety are provided in the Annex promulgated together with this Decree.
In case the relevant forces already have uniform system of forms of records and decisions on imposing penalties for administrative violations, that systems of forms may be used, but it must express all the technical requirements for handling administrative violations of food safety.
Chapter 2.
ACTS OF ADMINISTRATIVE VIOLATIONS, FORMS AND LEVELS OF PENALTIES
SECTION 1. THE VIOLATIONS OF THE REGULATIONS ON FOOD SAFETY ASSURANCE
Article 5. The violations of the regulations on using food ingredients
1. Fines of from 3,000,000 VND to 5,000,000 VND for using meat or meat products without undergoing or fail the test on veterinary hygiene.
2. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Using expired food ingredients or food ingredients without expiry date for producing and processing food;
b) Using animal source foods undergoing quarantine for producing and processing food.
3. Fines of from 10,000,000 VND to 15,000,000 VND for using ingredients that do not ensure food safety or from unknown origins for producing and processing food.
4. Fines of from 15,000,000 VND to 20,000,000 VND for one of the following acts:
a) Using non-food ingredients for producing and processing food;
b) Using animals that die from diseases, infections or unknown reasons, that must be destructed at the request of competent agencies, for producing and processing food;
c) Using food ingredients that contain impurities, that do not ensure food safety, for producing and processing food.
5. Fines of 7 times of the value of violating food, applicable to the acts prescribed in Clause 4 this Article if the highest fine in the fine bracket prescribed in Clause 4 this Article is smaller than 7 times of the value of violating food at the time of committing violations, but the fine must not exceed 100,000,000 VND.
6. Forms of additional penalties:
a) Depriving the right to use the Certificate of fulfillment of food safety conditions for 06 - 09 months in case the acts prescribed in Clause 2 and Clause 3 this Article are recommitted;
a) Depriving the right to use the Certificate of fulfillment of food safety conditions for 09 - 12 months in case the acts prescribed in Clause 4 this Article are recommitted;
7. Remedial measures:
a) Stopping using the meat or meat products without undergoing or fail the test on veterinary hygiene, and have them tested on veterinary hygiene, applicable to the acts prescribed in Clause 1 this Article;
b) Enforcing the destruction the exhibits of violations, applicable to the acts prescribed in Point a Clause 2, Clause 3, Point a and b Clause 4 this Article;
c) Enforcing the removal of the impurities from the ingredients that are exempted from being destructed as prescribed by competent State agencies, applicable to the acts prescribed in Point c Clause 4 this Article;
d) Enforcing the destruction of the ingredients that contain impurities that are dangerous for human health, and impurities composed of unknown constituents, that must be destructed, applicable to the acts prescribed in Point c Clause 4 this Article;
Article 6. The violations of the regulations on using food ingredients and food processing supplements during the production of food
1. Fines of from 3,000,000 VND to 5,000,000 VND for excessively using the food additives and food processing supplements in the List of permissible substances during the production of food. single member limited companies.
2. Fines of from 10,000,000 VND to 20,000,000 VND for using expired food additives and food processing supplements in the List of permissible substances during the production of food.
3. Fines of from 15,000,000 VND to 25,000,000 VND for one of the following acts:
a) Using the food additives and food processing supplements from unknown origins for producing and processing food;
b) Using the food additives and food processing supplements not in the List of permissible substances for producing and processing food.
4. Fines of from 10,000,000 VND to 20,000,000 VND for using food additives and food processing supplements that contain toxic substances, or using toxic substances as food additives during the production of food.
5. Fines of 7 times of the value of violating food, applicable to the acts prescribed in Clause 4 this Article if the highest fine in the fine bracket prescribed in Clause 4 this Article is smaller than 7 times of the value of violating food at the time of committing violations, but the fine must not exceed 100,000,000 VND.
6. Forms of additional penalties:
a) Depriving the right to use the Certificate of fulfillment of food safety conditions for 06 - 09 months in case the acts prescribed in Clause 2 and Clause 3 this Article are recommitted;
a) Depriving the right to use the Certificate of fulfillment of food safety conditions for 09 - 12 months in case the acts prescribed in Clause 4 this Article are recommitted;
7. Remedial measures:
a) Enforcing compliance with law provisions, applicable to the acts prescribed in Clause 1 this Article;
b) Enforce the destruction of the exhibits of violations, applicable to the acts prescribed in Clause 2, Clause 3, and Clause 4 this Article.
Article 7. The violations of the regulations on using chemicals during the production of food
1. Fines of from 15,000,000 VND to 25,000,000 VND for using expired chemicals, chemicals from unknown origins, or chemicals without expiry date during the production of food.
2. Fines of from 30,000,000 VND to 50,000,000 VND for using prohibited chemicals during the production of food.
3. Fines of 7 times of the value of violating food, applicable to the acts prescribed in Clause 2 this Article if the highest fine in the fine bracket prescribed in Clause 2 this Article is smaller than 7 times of the value of violating food at the time of committing violations, but the fine must not exceed 100,000,000 VND.
4. Forms of additional penalties:
a) Depriving the right to use the Certificate of fulfillment of food safety conditions for 06 - 09 months in case the acts prescribed in Clause 1 this Article are recommitted;
a) Depriving the right to use the Certificate of fulfillment of food safety conditions for 09 - 12 months in case the acts prescribed in Clause 2 this Article are recommitted;
5. Remedial measures:
Enforcing the destruction of the exhibits of violations being chemicals from unknown origin, chemicals banned from the production of food; and foods that contain such chemicals, applicable to the acts prescribed in Clause 1 and Clause 2 this Article.
Article 8. The violations of the regulations on using micronutrients during the production of food
1. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Adding micronutrients being vitamins, minerals, and other micronutrients not in the List made by the Ministry of Health;
a) Excessively adding micronutrients being vitamins, minerals, and other micronutrients in the List made by the Ministry of Health;
2. Remedial measures:
Enforcing compliance with law provisions, applicable to the acts prescribed in Clause 1 this Article.
SECTION 2. VIOLATIONS OF REGULATIONS ON THE CONDITIONS FOR FOOD SAFETY DURING THE PRODUCTION AND PROVISION OF FOOD
Article 9. Violations of regulations on the standards of health of the premises owner and the people directly producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods.
1. Penalties imposed on premises owners that organize periodic health examination for the owners and the people directly producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods, but do not carry out every test as prescribed, or use expired certificates of health:
a)Fines of from 500,000 VND to 1,000,000 VND, levied on premises having fewer than 20 people, that organize periodic health examination but do not carry out every test as prescribed, or use expired certificates of health;
a)Fines of from 1,000,000 VND to 2,500,000 VND levied on premises having 20 – 99 people that organize periodic health examination but do not carry out every test as prescribed, or use expired certificates of health;
a)Fines of from 2,500,000 VND to 5,000,000 VND levied on premises having 100 – 499 people that organize periodic health examination but do not carry out every test as prescribed, or use expired certificates of health;
a)Fines of from 5,000,000 VND to 10,000,000 VND levied on premises having 500 or more people that organize periodic health examination but do not carry out every test as prescribed, or use expired certificates of health;
2. Penalties levied on premises owners that do not organize periodic health examination for the owners and the people directly producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods:
a) Fines of from 1,000,000 VND to 2,000,000 VND levied on premises having fewer than 20 people that do not organize periodic health examination;
a) Fines of from 2,000,000 VND to 5,000,000 VND levied on premises having 20 - 99 people that do not organize periodic health examination;
a) Fines of from 5,000,000 VND to 10,000,000 VND levied on premises having 10 - 499 people that do not organize periodic health examination;
a) Fines of from 10,000,000 VND to 20,000,000 VND levied on premises having more than 500 or more people that do not organize periodic health examination.
3. Fines of from 3,000,000 VND to 5,000,000 VND levied on premises that forging falsifying the Certificate of health examination.
4. Fines of from 3,000,000 VND to 5,000,000 VND levied on premises owner that employ the people suffering from infections, dermatological diseases, or other disease, as prescribed by the Ministry of Health, to directly produce and trade foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods.
5. Forms of additional penalties:
Confiscating the fake and falsified documents, applicable to the acts prescribed in Clause 3 this Article.
6. Remedial measures:
a) Enforcing the tests of the periodic health examination for the owners and the people directly producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods, applicable to the acts prescribed in Clause 1 this Article;
b) Enforcing the organization of periodic health examination for the owners and the people directly producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods, applicable to the acts prescribed in Clause 2 this Article;
c) Enforcing the organization of the medical examination and treatment, or changing the positions the people suffering from infections, dermatological diseases, or other diseases, as prescribed by the Ministry of Health, that directly produce and trade foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods, applicable to the acts prescribed in Clause 4 this Article.
Article 10. Violations of regulations on knowledge about food safety of people directly producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods; of technicians
1. Penalties imposed on premises owners that do not provide update on the knowledge about food safety annually for the premises owner and the people directly producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods:
a) Fines of from 500,000 VND to 1,000,000 VND levied on premises having fewer than 20 people directly producing and trading food that do not update knowledge about food safety annually;
b) Fines of from 1,000,000 VND to 1,500,000 VND levied on premises having 20 - 99 people directly producing and trading food that do not update knowledge about food safety annually;
c) Fines of from 1,500,000 VND to 2,500,000 VND levied on premises having 100 - 499 people directly producing and trading food that do not update knowledge about food safety annually;
d) Fines of from 2,500,000 VND to 5,000,000 VND levied on premises having 500 or more people directly producing and trading food that do not update knowledge about food safety annually;
2. Penalties imposed on premises owners that fail to present the certificates of knowledge about food safety annually of the premises owner and the people directly producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods:
a) Fines of from 1,000,000 VND to 2,000,000 VND levied on premises having fewer than 20 people directly producing and trading food that fail to present the certificates of knowledge about food safety;
b) Fines of from 2,000,000 VND to 3,000,000 VND levied on premises having 20 - 99 people directly producing and trading food that fail to present the certificates of knowledge about food safety;
c) Fines of from 3,000,000 VND to 5,000,000 VND levied on premises having 100 - 499 people directly producing and trading food that fail to present the certificates of knowledge about food safety;
d) Fines of from 5,000,000 VND to 10,000,000 VND levied on premises having 500 or more people directly producing and trading food that fail to present the certificates of knowledge about food safety;
3. Fines of from 3,000,000 VND to 5,000,000 VND for forging or falsifying the Certificate of knowledge about food safety.
4. Fines of from 1,000,000 VND to 3,000,000 VND levied on premises owner that trade foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods without employing technicians or technical officers while their presence is compulsory as prescribed by law.
5. Forms of additional penalties:
Confiscating the fake and falsified documents, applicable to the acts prescribed in Clause 3 this Article.
6. Remedial measures:
a) Enforcing the provision of the update on the knowledge about food safety annually for the owners and the people directly producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods, applicable to the acts prescribed in Clause 1 this Article;
b) Enforcing the provision of the knowledge about food safety annually for the owners and the people directly producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods, applicable to the acts prescribed in Clause 2 this Article;
c) Enforcing the employment of technicians and technical officers, applicable to the premises owner trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods without employing technicians while their presence is compulsory as prescribed by Clause 4 this Article.
Article 11. Violations of regulations on the practice of food safety of people directly producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods
1. Penalties imposed on premises owners of which the people directly producing and trading food are not provided with adequate or proper protective equipment:
a) Warnings or fines of from 200,000 VND to 500,000 VND levied on premises having fewer than 20 violating people;
b) Fines of from 500,000 VND to 1,500,000 VND levied on premises having 20 - 99 violating people;
c) Fines of from 1,500,000 VND to 2,500,000 VND levied on premises having 100 - 499 violating people;
d) Fines of from 2,500,000 VND to 5,000,000 VND levied on premises having 500 violating people or more.
2. Penalties imposed on premises owners of which the people directly producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods are not provided with any protective equipment:
a) Fines of from 500,000 VND to 1,000,000 VND levied on premises having fewer than 20 violating people;
b) Fines of from 1,000,000 VND to 3,000,000 VND levied on premises having 20 - 99 violating people;
c) Fines of from 3,000,000 VND to 5,000,000 VND levied on premises having 100 - 499 violating people;
d) Fines of from 5,000,000 VND to 10,000,000 VND levied on premises having 500 violating people or more.
3. Fines of from 500,000 VND to 1,000,000 VND levied on premises of which the people directly producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods violate the regulations on personal hygiene or hygiene practice while producing and trading food.
4. Remedial measures:
Enforcing compliance with law provisions, applicable to the acts prescribed in Clause 1, 2 and 3 this Article.
Article 12. Violations of regulations on general food safety conditions, applicable to the premises that produce or trade foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods
1. Fines of from 1,000,000 VND to 3,000,000 VND levied on premises producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods that commit one of the following acts:
a) Not Enforcing compliance with the regulations on the safety distance from the sources of pollutions and other contaminants;
b) Not having enough instruments and measures for preventing pests as prescribed.
2. Fines of from 3,000,000 VND to 5,000,000 VND levied on premises producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods that commit one of the following acts:
a) Not having enough equipment and instruments appropriate for treating ingredients, processing, packing, preserving, and transporting various kinds of foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods, without any protective equipment;
b) Not having antiseptic water, equipment and instruments for cleaning and sterilizing as prescribed;
c) Not maintaining the food safety condition while producing and trading foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods.
3. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Using unqualified water for producing and trading food, food additives, food processing supplements;
c) The processes of preparing and making foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods are not safe, or the foods are exposed to pollutants and contaminants;
c) Not taking appropriate measures for managing wastes in the areas where foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods are produced, that cause environment pollution.
4. Penalties for not establishing and applying Good Manufacturing Practices (GMP), Good Hygiene Practices, Sanitation Standard Operating Procedures (GHP, SSOP), Good Agricultural Practices (GAP, VietGAP), Hazard Analysis and Critical Control Points (HACCP) and other advanced methods of food safety management to the production and trading premises while the application is compulsory:
a) Fines of from 500,000 VND to 1,000,000 VND, levied on preliminary-producing premises;
b) Fines of from 5,000,000 VND to 10,000,000 VND, levied on premises that prepare, process, and preserve food.
5. Remedial measures:
Enforcing compliance with law provisions, applicable to the acts prescribed in Clause 1, 2, 3, and 4 this Article.
Article 13. Violations of regulations on food safety conditions during the preservation of foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods
1. Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:
a) Not separately preserving different kinds of foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods, that leads to the risk of cross-contamination.
b) Not having specialized instruments for controlling the temperature, humidity, ventilation, and other special conditions of preservation for various kinds of food.
2. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Not ensuring food safety during the preservation as prescribed;
b) Not Enforcing compliance with the regulations on the preservation of the food producer;
c) There are pests in preservation areas;
d) Violating other regulations on the food safety conditions during food preservation.
3. Fines of from 5,000,000 VND to 10,000,000 VND for preserving foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods together with toxic substances.
4. Remedial measures:
a) Enforcing compliance with law provisions, applicable to the acts prescribed in Clause 1, Point a, b, and d Clause 2 this Article.
b) Enforcing the implementation of the measures for controlling and eradicating pests, applicable to the acts prescribed in Point c, Clause 2 this Article;
c) Enforcing the destruction of the exhibits of violations being foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods being preserved together with toxic substances, applicable to the acts prescribed in Clause 3 this Article.
Article 14. Violations of regulations on food safety conditions during the transportation of foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods
1. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Using vehicles made of materials that contaminate food to transport foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods
b) Transporting food of which the packages are not safe or damaged, deformed during the transportation and contaminate the food.
c) Not maintaining the preservation conditions during the transport; transporting foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods together with other goods that pose risk of contaminating food.
2. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Using vehicles that contaminate foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods, vehicles that were used for transporting toxic substances that have not been cleaned, for transporting foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods;
b) Transporting food together with toxic goods.
3. Forms of additional penalties:
Confiscating the exhibits and vehicles used during the administrative violations, applicable to the acts prescribed in Clause 2 this Article.
4. Remedial measures:
a) Enforcing compliance with law provisions, applicable to the acts prescribed in Clause 1 this Article;
b) Enforcing the implementation of the measures for ensuring the safety of food, food additives, food processing supplements, instruments and materials for wrapping and storing contaminated food that are exempted from being destructed, applicable to the acts prescribed in Clause 1 and Clause 2 this Article;
c) Enforcing the destruction of the food, food additives, food processing supplements, instruments and materials for wrapping and storing contaminated food that must be destructed, applicable to the acts prescribed in Clause 1 and Clause 2 Article.
Article 15. Violations of regulations on the food safety condition during the production and provision of fresh food derived from aquatic organisms
1. Fines of from 3,000,000 VND to 5,000,000 VND for preserving and transporting the aquatic organisms extracted from premises and areas where the extraction is prohibited.
2. Fines of from 5,000,000 VND to 7,000,000 VND for collecting, preparing, and trading the aquatic organisms extracted from premises and areas where the extraction is prohibited.
3. Fines of from 10,000,000 VND to 15,000,000 VND for processing aquatic organisms extracted from premises and areas where the extraction is prohibited.
4. Fines of for adding impurities to aquatic organisms, collecting, preparing, preserving, processing, and trading aquatic organisms that contain impurities:
a) Warnings or fines of from 200,000 VND to 500,000 VND levied on people that directly add impurities in aquatic organisms;
b) Warnings or fines of from 200,000 VND to 500,000 VND levied on goods owners that transport or hire other people to transport aquatic organisms that contain impurities, unless otherwise approved by competent State agencies;;
c) Fines of from 20,000,000 VND to 30,000,000 VND for collecting, preparing, preserving, processing, and trading aquatic organisms that contain impurities, which are deliberately added;
a) Warnings or fines of from 200,000 VND to 500,000 VND levied on people that directly add impurities in aquatic organisms;
5. Fines of for collecting, preparing, preserving, processing, and trading aquacultural products that contain natural toxins:
a) Fines of from 3,000,000 VND to 5,000,000 VND for the deliberately extracting aquatic organisms that contain natural toxins harmful to human health and banned from being used as food;
b) Fines of from 5,000,000 VND to 10,000,000 VND levied on the goods owners that transport or hire other people or transport aquatic organisms that contain natural toxins harmful to human health, unless otherwise approved by competent State agencies;
c) Fines of from 20,000,000 VND to 40,000,000 VND for collecting, preparing, preserving, processing, and trading aquatic organisms that contain natural toxins harmful to human health for food, unless otherwise approved by competent State agencies;
6. Fines of 7 times of the value of violating food, applicable to the acts prescribed in Point c, d Clause 4, Point c Clause 5 this Article if the highest fine in the fine bracket prescribed in Clause 4 and Clause 5 this Article is smaller than 7 times of the value of violating food at the time of committing violations, but the fine must not exceed 100,000,000 VND.
7. Forms of additional penalties:
a) Depriving the right to use the Certificate of fulfillment of food safety conditions for 06 - 09 months in case the acts prescribed in Clause 2, 3, Point c, d Clause 4, Point c Clause 5 this Article are recommitted;
b) Confiscating the consignment of aquatic organisms that violate Clause 1, 2, 3, 5 this Article; confiscating the violating consignment of aquatic organisms, the vehicles and instruments used while committing the violations prescribed in Clause 4 this Article.
8. Remedial measures:
a) Enforcing compliance with law provisions, applicable to the acts prescribed in Clause 1, Clause 2, Clause 4, Point a Clause 4, and Point a Clause 5 this Article;
c) Enforcing the removal of the impurities from the ingredients that are exempted from being destructed as prescribed by competent State agencies, applicable to the acts prescribed in Point c Clause 4 this Article;
c) Enforcing the destruction of consignment of aquatic organisms that contain impurities harmful to human health or impurities with unknown composition;
d) Enforcing the destruction of consignment of aquatic organisms that contain natural toxins harmful to human health.
Article 16. Violations of regulations on the food safety condition while producing and trading animals, animal products used as food
1. Fines of from 1,500,000 VND to 3,000,000 VND for one of the following acts:
a) Trading fresh food derived from terrestrial animals subject to quarantine without certificates of quarantine;
b) Swapping or changing the quantity of fresh foods derived from terrestrial animals subject to quarantine that have been issued with certificate of quarantine with ones without such certificate;
c) Trading fresh foods derived from terrestrial animals subject to quarantine inconsistently with the category and quantity written in the certificate of quarantine;
d) Trading fresh foods derived from terrestrial animals that are rotten or have change in color and smell;
dd) Trading fresh foods derived from terrestrial animals that contain impurities being added deliberately but do not affect the food safety.
2. Penalties for trading fresh foods derived from terrestrial animals without undergoing the test on veterinary hygiene carried out by competent veterinary agencies:
a) Warnings or fines of from 50,000 VND to 10,000 VND, levied on products valued at under 500,000 VND;
b) Fines of from 100,000 VND to 200,000 VND, levied on products valued at 500,000 VND to under 1,000,000 VND;
c) Fines of from 200,000 VND to 400,000 VND, levied on products valued at 1,000,000 VND to under 2,000,000 VND;
d) Fines of from 300,000 VND to 600,000 VND, levied on products valued at 2,000,000 VND to under 5,000,000 VND;
dd) Fines of from 1,000,000 VND to 1,500,000 VND, levied on products valued at 5,000,000 VND to under 10,000,000 VND;
e) Fines of from 1,500,000 VND to 2,500,000 VND, levied on products valued at 10,000,000 VND to under 20,000,000 VND;
g) Fines of from 3,000,000 VND to 5,000,000 VND, levied on products valued at 20,000,000 VND to under 30,000,000 VND;
h) Fines of from 6,000,000 VND to 9,000,000 VND, levied on products valued at 30,000,000 VND to under 70,000,000 VND;
i) Fines of from 10,000,000 VND to 15,000,000 VND, levied on products valued at 70,000,000 VND to under 100,000,000 VND;
k) Fines of from 15,000,000 VND to 20,000,000 VND, levied on products valued at 100,000,000 VND or above;
3. Penalties for trading fresh foods derived from terrestrial animals that fail the test on veterinary hygiene:
a) Fines of from 100,000 VND to 200,000 VND, levied on products valued at under 500,000 VND;
b) Fines of from 200,000 VND to 400,000 VND, levied on products valued at 500,000 VND to under 1,000,000 VND;
c) Fines of from 400,000 VND to 800,000 VND, levied on products valued at 1,000,000 VND to under 2,000,000 VND;
d) Fines of from 600,000 VND to 1,200,000 VND, levied on products valued at 2,000,000 VND to under 5,000,000 VND;
dd) Fines of from 2,000,000 VND to 3,000,000 VND, levied on products valued at 5,000,000 VND to under 10,000,000 VND;
e) Fines of from 3,000,000 VND to 5,000,000 VND, levied on products valued at 10,000,000 VND to under 20,000,000 VND;
g) Fines of from 6,000,000 VND to 10,000,000 VND, levied on products valued at 20,000,000 VND to under 30,000,000 VND;
h) Fines of from 12,000,000 VND to 18,000,000 VND, levied on products valued at 30,000,000 VND to under 70,000,000 VND;
i) Fines of from 20,000,000 VND to 30,000,000 VND, levied on products valued at 70,000,000 VND to under 100,000,000 VND;
k) Fines of from 30,000,000 VND to 40,000,000 VND, levied on products valued at 100,000,000 VND or above.
4. Fines for trading terrestrial animals that are infected or die from diseases, or the products thereof without being inspected and approved by competent veterinary agencies:
a) Fines of from 100,000 VND to 300,000 VND, levied on animals and animal products valued at under 500,000 VND;
b) Fines of from 200,000 VND to 500,000 VND, levied on animals and animal products valued at 500,000 VND to under 1,000,000 VND;
c) Fines of from 500,000 VND to under 1,000,000 VND, levied on animals and animal products valued at 1,000,000 VND to under 2,000,000 VND;
d) Fines of from 1,000,000 VND to 2,000,000 VND, levied on animals and animal products valued at 2,000,000 VND to under 5,000,000 VND;
dd) Fines of from 2,000,000 VND to 4,000,000 VND, levied on animals and animal products valued at 5,000,000 VND to under 8,000,000 VND;
e) Fines of from 4,000,000 VND to 8,000,000 VND, levied on animals and animal products valued at 8,000,000 VND to under 15,000,000 VND;
g) Fines of from 8,000,000 VND to 15,000,000 VND, levied on animals and animal products valued at 15,000,000 VND to under 30,000,000 VND;
h) Fines of from 15,000,000 VND to 20,000,000 VND, levied on products valued at 30,000,000 VND to under 50,000,000 VND;
i) Fines of from 20,000,000 VND to 30,000,000 VND, levied on products valued at 50,000,000 VND to under 70,000,000 VND;
k) Fines of from 30,000,000 VND to 40,000,000 VND, levied on products valued at 70,000,000 VND to under 100,000,000 VND;
l) Fines of from 40,000,000 VND to 70,000,000 VND, levied on products valued at 100,000,000 VND or above.
5. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Trading products of the animals that have not been inoculated enough as prescribed;
b) Trading products of the animals that took medicines but have not stop taking medicine for long enough as instructed by the producer;
c) Trading animal products undergoing quarantine.
6. Fines of from 5,000,000 VND to 10,000,000 VND for trading fresh animal products that are infected or contain excessive residuum.
7. Fines of from 10,000,000 VND to 15,000,000 VND for one of the following acts:
a) Trading products of animals having the diseases in the list of infectious diseases to be announced;
b) Trading fresh products of slaughtered animals that must be fresh and living;
c) Trading products of animals having dangerous infectious diseases that must be destructed;
d) Trading products of animals dying from unknown reasons, or animals having symptoms of poisoning;
dd) Trading products of animals that use substances banned from breeding;
e) Producing and trading foods that are banned in order to prevent epidemics;
g) Trading fresh animal products preserved by prohibited chemicals;
h) Trading fresh animal products that contain impurities being deliberately added.
8. Remedial measures:
a) Stopping the transport and trading of fresh food derived from terrestrial animals subject to quarantine to undergo quarantine as prescribed, applicable to the acts prescribed in Point a, b, c Clause 1 this Article;
b) Enforcing the destruction of the exhibits of violations, applicable to the acts prescribed in Point d Clause 1, Clause 6, and Clause 7 this Article;
c) Enforcing the tests on veterinary hygiene as prescribed, applicable to the acts prescribed in Clause 2 this Article;
d) Enforcing the implementation of the measures for ensuring food safety when using, or enforcing the destruction of fresh foods derived from terrestrial animals that fail the test on veterinary hygiene, applicable to the acts prescribed in Clause 3 this Article;
dd) Enforcing the inspection and assurance about the food safety when using or destructing terrestrial animals that are infected or die of infections, and the products thereof, applicable to the acts prescribed in Clause 4 this Article.
Article 17. Violations of regulations on the food safety condition during the production and provision of fresh food derived from plants
1. Fines of from 500,000 VND to 1,000,000 VND, levied on premises producing, preparing, processing fresh foods derived from plants that violate one of the food safety conditions.
2. Fines of from 1,000,000 VND to 3,000,000 VND for producing and trading fresh foods derived from plants that break the food safety norms.
3. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Producing fresh foods derived from plants using prohibited chemicals and preparations that are not in the permissible list.
b) Producing fresh foods derived from plants that contain residual chemicals banned from farming.
4. Forms of additional penalties:
Depriving the right to use the Certificate of fulfillment of food safety conditions for 3 - 6 months in case the acts prescribed in Clause 3 this Article are recommitted;
5. Remedial measures:
a) Enforcing compliance with law provisions, applicable to the acts prescribed in Clause 1 this Article;
b) Enforcing the implementation of the measures prescribed by competent State agencies for ensuring food safety, applicable to the exhibits of violations that are exempted from being destructed prescribed in Clause 2 this Article.
c) Enforcing the destruction of the exhibits of violations that are compelled to be destructed, applicable to the acts prescribed in Clause 2 and Clause 3 this Article.
Article 18. The violations of the regulations on food safety condition committed by premises that trade processed foods
1. Fines of from 500,000 VND to 1,000,000 VND levied on premises that trade unpacked processed foods that commit one of the following acts:
a) Not taking measures for protecting foods from being rotten, moldy, insects, animals, dirt, and other pollutants;
b) Not ensuring the hygiene of tableware and container of instant foods;
c) Not providing information about the origins and manufacturing dates of foods.
2. Fines of from 1,000,000 VND to 3,000,000 VND, levied on premises that trade pre-packed processed foods that commit one of the following acts:
a) Not Enforcing compliance with the safety conditions of instruments and materials for wrapping and storing food, and the food safety conditions in food preservation as prescribed;
b) Not maintaining the hygiene at the trading location;
c) Not preserving foods in accordance with the instruction of the producers.
3. Forms of additional penalties: Depriving the right to use the Certificate of fulfillment of food safety conditions for 01 - 03 months in case the acts prescribed in Clause 1 and Clause 2 this Article are recommitted;
4. Remedial measures:
a) Enforcing the destruction of contaminated foods being the exhibits of violations, applicable to the acts prescribed in Point a Clause 1 this Article;
b) Enforcing compliance with law provisions, applicable to the acts prescribed in Clause 1, and Clause 2 this Article.
Article 19. The violations of the regulations on food safety conditions, committed by premises providing food and beverage services under the management of a commune-level authority
1. Warnings or fines of from 500,000 VND to 1,000,000 VND for one of the following acts:
a) Displaying foods for sale without show-cases or using unhygienic preserving instruments;
b) Displaying foods for sale without a table or a rack above the ground as prescribed;
c) Not taking measures for preventing pests.
2. Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:
a) Not maintaining the hygiene while processing foods;
b) Not maintaining the hygiene at the eating, processing, and trading areas;
c) Using tableware made of unsafe or unhygienic materials;
d) Not having hygienic instruments for collecting, storing wastes and garbage;
dd) Not collecting wastes and garbage everyday; the drains at the store or the kitchen is clogged;
e) Not having bathrooms and sinks;
g) Not depositing food samples, or the food samples are not properly deposited.
3. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Using materials from unknown origins for processing foods;
b) Using unqualified water for producing and trading foods.
4. Forms of additional penalties:
a) Depriving the right to use the Certificate of fulfillment of food safety conditions for 01 - 03 months in case the acts prescribed in Clause 2 this Article are recommitted;
a) Depriving the right to use the Certificate of fulfillment of food safety conditions for 03 - 06 months in case the acts prescribed in Clause 3 this Article are recommitted;
5. Remedial measures:
a) Enforcing compliance with law provisions, applicable to the acts prescribed in Clause 1, 2 and 3 this Article;
b) Enforcing the destruction of the exhibits of violations, applicable to the acts prescribed in Point a Clause 2, Point a Clause 3 this Article.
Article 20. The violations of the regulations on food safety conditions, committed by premises providing food and beverage services under the management of a district-level authority
1. Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:
a) The kitchen is not designed and organized according to one-way rule;
b) The foods are displayed without hygienic preserving instruments, or tables or racks above the ground as prescribed;
c) Not using separate knives and chopping boards for cooked and raw foods;
g) Not taking measures for preventing pests.
2. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Not ensuring the environmental hygiene conditions, not being separated from the bathroom and other sources of pollution;
b) Using tableware made of unsafe or unhygienic materials;
c) Using detergents banned from domestic use and food processing
d) Not while processing foods hygienically and safely;
dd)) The eating rooms, eating tables, the work tables, the warehouse where foods are preserved are not safe and hygienic;
g) Not having documents for monitoring every day, or the documents are not adequate as prescribed;
h) Not contracting to be responsible for the food safety and hygiene as prescribed, or the contract signed with the premises doing catering does not set out requirements on food safety and hygiene applicable to canteens, kitchens, and premises that process instant foods;
k) Not having hygienic instruments for collecting, storing wastes and garbage;
l) Not collecting wastes and garbage everyday; the drains at the store or the kitchen is clogged;
k) Not having bathrooms and sinks;
l) Not supervising the food safety as prescribed;
m) Not depositing food samples, or the food samples are not properly deposited.
3. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Using unqualified water for producing and trading foods.
b) Not periodically testing water as prescribed;
c) Using materials from unknown origins for processing food;
d) The owners of the restaurants, hotels, premises doing catering, canteens where food poisoning occurs; owners of premises that have canteens where food poisoning occurs.
4. Forms of additional penalties:
a) Depriving the right to use the Certificate of fulfillment of food safety conditions for 01 - 03 months in case the acts prescribed in Clause 2 this Article are recommitted;
a) Depriving the right to use the Certificate of fulfillment of food safety conditions for 03 - 06 months in case the acts prescribed in Point a, b and c Clause 3 this Article are recommitted;
5. Remedial measures:
a) Enforcing compliance with law provisions, applicable to the acts prescribed in Clause 1, 2 and 3 this Article;
b) Enforcing the destruction of exhibits of violations, applicable to the acts prescribed in Point d Clause 2, and Point c Clause 3 this Article;
c) Enforcing the payment of the cost of resolving food poisoning, medical examination and treatment provided for poisoned peopled due to eating or drinking unsafe foods and beverages, applicable to the owners of premises that have the canteens where food poisoning occurs, applicable to the acts prescribed in Clause 3 this Article.
Article 21. violations of regulations on the food safety conditions while selling foods on the street
1. Warnings or fines of from 1,000,000 VND to 3,000,000 VND, imposed on premises selling foods on the street that commit one of the following acts:
a) Displaying and selling without tables, racks and instruments for ensuring food safety and hygiene;
b) Not having instruments for blocking sunlight, rain, dirt, and pests;
c) The selling location is not separated from sources of pollutions;
d) Not having instruments for preserving foods as prescribed;
2. Fines of from 1,000,000 VND to 3,000,000 VND, imposed on premises selling foods on the street that commit one of the following acts:
a) Using materials from unknown origins for processing food;
a) Using instruments that do not ensure food safety and hygiene for using, processing, storing, and preserving foods;
c) Using packages and materials in direct contact with food that contaminate foods;
d) Using unqualified water for producing and selling foods.
3. Remedial measures:
a) Enforcing compliance with law provisions, applicable to the acts prescribed in Clause 1 and Clause 2 this Article;
b) Enforcing the destruction of the exhibits of violations, applicable to the acts prescribed in Point a Clause 2 this Article.
Article 22. Violations of regulations on food safety conditions applicable to functional foods, genetically modified foods, irradiated foods
1. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts:
a) Producing and selling functional foods first released onto the market without reporting the test on their effect, recognized or certified by competent agencies;
b) Not Enforcing compliance with the law regulations on transporting and storing genetically modified foods and organisms used for food.
2. Fines of from 30,000,000 VND to 50,000,000 VND for one of the following acts:
a) Producing or selling foods derived from generically modified organisms and products of generically modified organisms without the Certificate of generically modified organisms eligible to be used for food, or not in the list of generically modified organisms eligible for being issued with the Certificate of eligibility to be used for food.
b) Producing and selling food cured by irradiation not in the list of foods allowed to be irradiated;
c) Producing and selling food cured by irradiation without Enforcing compliance with regulations on limit exposure.
3. Remedial measures:
a) Enforcing compliance with law provisions, applicable to the acts prescribed in Clause 1 and Clause 2 this Article;
b) Enforcing the recall and the change of the use purposes, the recycling, or the destruction of the violating goods, applicable to the acts prescribed in Point a, Clause 1 and Clause 2 this Article.
Article 23. Violations of regulations on the Certificate of fulfillment of food safety conditions
1. Fines for using expired Certificates of fulfillment of food safety conditions:
a) Warning against using Certificates of fulfillment of food safety that have been expired for fewer than 30 days;
b) Fines of from 200,000 VND to 500,000 VND, levied on premises under the management of commune-level authority, that use Certificates of fulfillment of food safety that have been expired for 1 – 3 months;
c) Fines of from 500,000 VND to 1,500,000 VND, levied on premises under the management of district-level authority, that use Certificates of fulfillment of food safety that have been expired for 1 – 3 months;
d) Fines of from 4.000,000 VND to 6,000,000 VND, levied on premises under the management of provincial authority or higher, that use Certificates of fulfillment of food safety that have been expired for 1 – 3 months.
2. Fines for not having Certificates of fulfillment of food safety conditions, or using Certificates of fulfillment of food safety conditions that have been expired for more than 3 months:
a) Fines of from 500,000 VND to 1,000,000 VND, levied on premises under the management of commune-level authority;
b) Fines of from 1,000,000 VND to 3,000,000 VND, levied on premises under the management of district-level authority;
c) Fines of from 10,000,000 VND to 15,000,000 VND, levied on premises under the management of provincial authority or above.
3. Fines of from 15,000,000 VND to 20,000,000 VND for forging or falsifying the Certificate of fulfillment of food safety conditions.
4. Forms of additional penalties:
Confiscating the fake and falsified documents, applicable to the acts prescribed in Clause 3 this Article.
5. Remedial measures:
a) Enforcing the application for a test to be issued with another Certificate of fulfillment of food safety conditions, applicable to the acts specified in Clause 1 this Article.
b) Enforcing the application for a test to be issued with a Certificate of fulfillment of food safety conditions, applicable to the acts specified in Clause 2 this Article.
SECTION 3. VIOLATIONS OF OTHER REGULATIONS ON THE FOOD SAFETY CONDITION WHILE PRODUCING, TRADING, IMPORTING, AND EXPORTING FOODS
Article 24. Violations of the regulations on food safety conditions of imported and exported foods
1. Fines of from 10,000,000 VND to 15,000,000 VND for circulating imported foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods that must undergo the State inspection of food safety without the Notice of satisfactory consignment.
2. Fines of from 15,000,000 VND to 25,000,000 VND for one of the following acts:
a) Not carrying or the State inspection of food safety for foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods that must undergo the State inspection of food safety as prescribed;
b) Importing functional foods, micronutrient-enriched foods, genetically modified foods, irradiated food without the certificate of free trade or certificate of health as prescribed.
3. Remedial measures:
a) Stopping the trade of, and recalling the foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods, that are imported without the Notice of satisfactory consignment as prescribed in Clause 1 this Article; the foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods that are imported without undergoing the State inspection of food safety prescribed in Point a Clause 2 this Article;
b) Enforcing the State inspection of food safety, applicable to the acts prescribed in Point a Clause 2 this Article;
c) Enforcing the destruction or change of the use purposes of the violating imported goods, applicable to the acts prescribed in Point b Clause 2 this Article.
Article 25. Violations of other regulations on the food safety condition while producing, trading, importing, and exporting foods
1. Fines for the violations of regulations on the application for the Declaration of Conformity to the food safety conditions, applicable to foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods that must be registered for the Declaration of Conformity to the food safety conditions:
a) Fines of from 3,000,000 VND to 5,000,000 VND for not depositing or not sufficiently depositing the dossier of application for the Declaration of Conformity to food safety conditions;
b) Fines of from 15,000,000 VND to 20,000,000 VND for importing and trading pre-packed processed foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods without the Reception Note of Declaration of Conformity or the Certificate of the Declaration of Conformity with food safety conditions, or using the expired ones.
2. Fines of from 25,000,000 VND to 30,000,000 VND for producing, importing foods, food additives, food processing supplements, instruments and materials for wrapping and storing foods that do not comply with the corresponding technical regulations on food safety.
3. Fines of from 30,000,000 VND to 50,000,000 VND for one of the following acts:
a) Producing and trading foods, food additives, and food processing supplements that have been rotten;
a) Producing and trading foods, food additives, and food processing supplements that contain toxins;
4. Fines of 7 times of the value of violating food, applicable to the acts prescribed in Clause 3 this Article if the highest fine in the fine bracket prescribed in Clause 3 this Article is smaller than 7 times of the value of violating food at the time of committing violations, but the fine must not exceed 100,000,000 VND.
5. Forms of additional penalties:
Depriving the right to use the Reception Note of Declaration of Conformity or the Certificate of the Declaration of Conformity with food safety condition for 06 - 12 months in case the acts prescribed in Clause 2 this Article are recommitted;
6. Remedial measures:
a) Enforcing compliance with law provisions, applicable to the acts prescribed in Point a Clause 1 this Article;
b) Enforcing the recall of the circulating products that do not apply for the Declaration of Conformity to food safety conditions, applicable to the acts prescribed in Point b Clause 1 this Article;
c) Enforcing the recall the unsatisfactory products being traded on the market; enforcing the change of the use purposes, the recycling, the destruction, or the re-export of the imported products, applicable to the acts prescribed in Clause 2 this Article;
d) Enforcing the destruction of the exhibits of violations, applicable to the acts prescribed in Clause 3 this Article.
SECTION 4. THE VIOLATIONS OF REGULATIONS ON THE ADVERTISEMENT, INFORMATION, EDUCATION, DISSEMINATION OF FOOD SAFETY, AND FOOD LABELLING;
Article 26. The violations of the regulations on food advertisement
1. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Impersonating State agencies, medical facilities, doctors, health agents while advertising foods
b) Using documents for State officers and health officers for public advertising.
2. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts:
a) Advertising foods without the Reception Note of Declaration of Conformity or the Certificate of the Declaration of Conformity with food safety condition;
b) Advertising foods without the Certificate of advertisement contents as prescribed;
c) Advertising foods inconsistently with the registered advertisement contents that have been certified by competent State agencies;
d) Improperly advertising foods for kids older than 6 months old and milk for kids older than 24 months old;
dd) Advertising foods together with baby bottles with artificial nipples and pacifiers in any shape or form.
3. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts:
a) Advertising incorrectly that cause confusion for the consumers; advertising foods as substitutes for medicines in any shape or form;
b) Improperly advertising foods for kids older than 6 months old and milk for kids older than 24 months old;
c) Advertising dietary products for small kids that are equivalent to or better than breast milk;
d) Holding fairs, seminars, conventions, or exhibitions to spread audio and video recordings, or data storage devices that present foods, food additives, food processing supplements that have not been examined or inconsistently with the content examined by competent agencies.
4. Forms of additional penalties:
Depriving the right to use the the Certificate of advertisement contents for 03 - 06 months in case the violations of the provisions inPoint c, d and dd Clause 2 this Article are recommitted;
5. Remedial measures:
a) Enforcing the rectification the advertisements on means of mass media, applicable to the acts prescribed in Point c Clause 2, Point a, c Clause 3 this Article.
b) Enforcing the recall and destruction of the exhibits of violations being fliers, leaflets, and publications that have been or have not been spread;
c) Enforcing compliance with law provisions, applicable to the acts prescribed in Clause 1 and Clause 2 this Article.
Article 27. Violations of regulations on the information, education, dissemination about food safety
1. Fines of from 500,000 VND to 1000,000 VND for one of the following acts:
a) Not providing information about food safety at the request of competent State agencies;
b) Not providing incorrect information about food safety.
2. Fines of from 5,000,000 VND to 10,000,000 VND for spreading documents that contain incorrect information, education, dissemination about food safety.
3. Remedial measures:
a) Enforcing the provision of correct information about food safety at the request of competent State agencies, applicable to the acts prescribed in Clause 1 this Article;
b) Enforcing the recall and destruction of the exhibits of violations, applicable to the acts prescribed in Clause 2 this Article.
Article 28. The violations of the regulations on food labeling
1. Fines of from 10,000,000 VND to 20,000,000 VND, levied on the traders in charge of the foods, that commit one of the following acts:
a) Circulating functional foods; food additives, irradiated foods; some genetically modified foods (that must be labeled as prescribed by law regulations on labeling genetically modified foods); the dietary products for small children without using the required phrases;
b) Circulating goods being foods that contain generically modified organisms, products of generically modified organisms that make up more than 5% without expressing the information related o the generically modified organisms on the goods label;
2. Remedial measures:
a) Enforcing the recall of the goods using violating labels from the market, applicable to the acts prescribed in Clause 1 this Article;
b) Compelling the traders in charge of the foods to rectify the goods labels, applicable to the acts specified in Clause 1 this Article.
SECTION 5. VIOLATIONS OF THE REGULATIONS ON TESTING FOOD, ANALYZING RISKS, PREVENTING AND RESOLVING FOOD SAFETY INCIDENTS; TRACING THE ORIGINS OF UNSAFE FOOD; OBSTRUCTING THE STATE MANAGEMENT OF FOOD SAFETY.
Article 29. The violations of the regulations on testing foods
1. Fines of from 3,000,000 VND to 5,000,000 VND, levied on testing premises that commit one of the following acts:
a) Wrongly informing the testing capability that has been recognized and appointed to serve the State management of food safety;
b) Not doing the test and not reporting properly.
2. Fines of from 5,000,000 VND to 10,000,000 VND levied on premises producing or trading food, food additives, food processing supplements, instruments and materials for wrapping and storing food that commit one of the following acts:
a) Not testing foods periodically as prescribed;
b) Swapping or forging food samples being tested to serve the State management;
c) Using incorrect the codes or forging the codes provided by competent agencies for the factors being tested to serve the State management;
d) Forging or falsifying the Certificate of analysis results, the sheet of test results, or other documents relevant to food testing.
3. Forms of additional penalties:
Confiscating the exhibits of violations, applicable to the acts prescribed in Point b, c, and d Clause 2 this Article.
4. Remedial measures:
a) Enforcing compliance with law provisions, applicable to the acts prescribed in Clause 1 this Article;
b) Enforcing the periodic food tests as prescribed, applicable to the acts prescribed in Point a Clause 2 this Article;
Article 30. Violations of regulations on preventing and resolving food safety incidents, and reducing the risk of unsafe foods
1. Fines of from 1,000,000 VND to 3,000,000 VND for not informing competent agencies when discovering food safety incidents.
2. Fines of from 3,000,000 VND to 5,000,000 VND for not adequately taking measures for prevent food safety incidents at the request of competent State agencies.
3. Fines of from 5,000,000 VND to 10,000,000 VND not adequately taking measures for reducing the risk of unsafe foods.
4. Remedial measures:
Enforcing the implementation of the measures for preventing and resolving food safety incidents, applicable to the acts specified in Clause 2 and Clause 3 this Article.
Article 31. Violations of the regulations on tracing the origins of unsafe foods
1. Fines of from 3,000,000 VND to 5,000,000 VND for not depositing or not completely depositing the documents about the origins of the materials, food additives, food processing supplements, and other documents about the production and trade of foods.
2. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Not reporting the unsafe consignments of foods;
b) Not reporting the quantity of products in the consignment of unsafe foods, the quantity of foods in stock and traded; the plan for recalling, and the handling measures.
3. Fines of from 10,000,000 VND to 20,000,000 VND for recalling and handling unsafe foods differently from the request of competent State agencies.
4. Fines of from 20,000,000 VND to 30,000,000 VND for not recalling and handling unsafe foods at the request of competent State agencies.
5. Remedial measures:
a) Enforcing the report about the consignment of unsafe foods; reporting the quantity of products in the consignment of unsafe foods, the quantity of foods in stock and traded; the plan for recalling, and the handling measures.
b) Enforcing the recall and the implementation of measures for handling the unsafe foods. If the premises deliberately omit to recall and handle the unsafe foods, the competent State agency shall recall and handle the unsafe food, and the premises must incur the cost of recalling and handling unsafe food.
Article 32. Fines for obstructing the State management of food safety
1. Fines of from 500,000 VND to 1,000,000 VND for not cooperating or obstructing the investigation and collection of data serving the assessment of food safety conditions carried out by competent agencies.
2. Fines of from 1.000,000 VND to 2,000,000 VND for obstructing the inspection carried out by competent agencies in charge of food safety management.
3. Fines of from 2,000,000 VND to 3,000,000 VND for deliberately delaying or avoiding implementing the administrative decisions issued by competent agencies or competent persons.
4. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Breaking the seal on the exhibits of violation without permission, or changing the scene of the administrative violation without permission;
b) Hiding, changing, swapping the exhibits and instruments being inspected or impounded;
c) Insulting the enforcers.
5. Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:
a) Hiding and trading the exhibits and instruments being inspected or impounded;
b) Assaulting the enforcers
6. Remedial measures:
Enforcing the recall and return of the hidden and sold exhibits of violations, applicable to the acts prescribed in Point b Clause 4 and Point a Clause 5 this Article.
Chapter 3.
AUTHORITY TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS OF FOOD SAFETY
Article 33. Authority to impose penalties for administrative violations of food safety of the Presidents of People’s Committees at all levels
1. Presidents of People’s Committees of communes are entitled to:
a) Issue warnings;
b) Impose fined of up to 2,000,000 VND;
c) Confiscating the exhibits and instruments used for committing administrative violations that are valued at up to 2,000,000 VND;
d) Taking the remedial measures prescribed in Point a, b, d, and dd Clause 3 Article 3 of this Decree.
2. Presidents of People’s Committees of districts are entitled to:
a) Issue warnings;
b) Impose fined of up to 30,000,000 VND;
c) Confiscating the exhibits and instruments used for committing administrative violations;
d) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity with food safety condition; the Certificate of advertisement contents;
dd) Taking the remedial measures prescribed in Point a, b, d, and dd Clause 3 Article 3 of this Decree.
3. Presidents of People’s Committees of provinces are entitled to:
a) Issue warnings;
b) Impose fines of at the highest rate prescribed in this Decree;
c) Confiscating the exhibits and instruments used for committing administrative violations;
d) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity with food safety condition; the Certificate of advertisement contents;
dd) Taking the remedial measures prescribed in Clause 3 Article 3 of this Decree.
Article 34. Authority to impose penalties for administrative violations of food safety inspectors or persons appointed as specialized inspectors
1. Inspectors specialized in health, agriculture and rural development, industry and trade, and persons appointed as food safety inspectors are entitled to:
a) Issue warnings;
b) Impose fined of up to 500,000 VND;
c) Confiscating the exhibits and instruments used for committing administrative violations valued at up to 500,000 VND;
d) Taking the remedial measures prescribed in Point a, b, d, and dd Clause 3 Article 3 of this Decree.
2. The Chief Inspectors of Services of Health, Services of Agriculture and Rural development, Services of Industry and Trade, Heads of specialized State management agencies affiliated to Services of Health, Services of Agriculture and Rural development, Services of Industry and Trade appointed as specialized inspectors; Chiefs of the specialized Inspectorates affiliated to Services of Health, Services of Agriculture and Rural development, Services of Industry and Trade; Chiefs of the specialized Inspectorates of the State management agencies, specialized in health, agriculture and rural development, industry and trade, that are appointed to carry out the inspections, are entitled to:
a) Issue warnings;
b) Impose fined of up to 30,000,000 VND;
c) Confiscating the exhibits and instruments used for committing administrative violations;
d) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity with food safety condition; the Certificate of advertisement contents;
dd) Taking the remedial measures prescribed in Point a, b, d, and dd Clause 3 Article 3 of this Decree.
3. Chiefs of the ministerial specialized Inspectorates, affiliated to the Ministry of Health, the Ministry of Agriculture and Rural development, the Ministry of Industry and Trade, are entitled to:
a) Issue warnings;
b) Impose fined of up to 70,000,000 VND;
c) Confiscating the exhibits and instruments used for committing administrative violations;
d) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity with food safety condition; the Certificate of advertisement contents;
dd) Taking the remedial measures prescribed in Point a, b, d, and dd Clause 3 Article 3 of this Decree.
4. The Chief Inspectors of the Ministry of Health, the Ministry of Agriculture and Rural development, the Ministry of Industry and Trade, Heads of specialized State management agencies affiliated to the Ministry of Health, the Ministry of Agriculture and Rural development, the Ministry of Industry and Trade, appointed to carry out specialized inspections, are entitled to:
a) Issue warnings;
b) Impose fines of at the highest rate prescribed in this Decree;
c) Confiscating the exhibits and instruments used for committing administrative violations;
d) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity with food safety condition; the Certificate of advertisement contents;
dd) Taking the remedial measures prescribed in Point a, b, d, and dd Clause 3 Article 3 of this Decree.
Article 35. Authority to impose penalties for administrative violations of the Market management agency
1. Officials of the market management agency are entitled to:
a) Issue warnings;
b) Impose fined of up to 200,000 VND;
2. The Leaders of Market Management Teams are entitled to:
a) Issue warnings;
b) Impose fined of up to 5,000,000 VND;
c) Confiscating the exhibits and instruments used for committing administrative violations valued at up to 25,000,000 VND;
d) Enforcing the destruction of products harmful to human health, animals, and plants;
dd) Taking the remedial measures prescribed in Chapter II of this Decree.
3. The Directors of the Sub-departments of Market Management Teams are entitled to:
a) Issue warnings;
b) Impose fined of up to 20,000,000 VND;
c) Confiscating the exhibits and instruments used for committing administrative violations;
d) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity with food safety condition; the Certificate of advertisement contents;
dd) Enforcing the destruction of products harmful to human health, animals, and plants;
e) Taking the remedial measures prescribed in Chapter II of this Decree.
4. The Directors of the Departments of Market Management Teams are entitled to:
a) Issue warnings;
b) Impose fines of at the highest rate prescribed in this Decree;
c) Confiscating the exhibits and instruments used for committing administrative violations;
d) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity with food safety condition; the Certificate of advertisement contents;
dd) Taking the remedial measures prescribed in Point a, b, and d Clause 3 Article 3 of this Decree.
Article 36. Authority to impose penalties for administrative violations of other agencies
The Police, the Border guard, the Coastguard, the Customs, the tax authority, and persons competent to impose administrative penalties of other agencies according to the Ordinance on Handling administrative violations are entitled to impose administrative penalties when discovering the administrative violations of food safety according to the Ordinance on Handling administrative violations and this Decree.
Chapter 4.
IMPLEMENTATION PROVISIONS
Article 37. Effects
1. This Decree takes effect on December 25th 2012. The titles according to the Law on Handling administrative violations: The persons appointed as specialized inspectors; Heads of specialized State management agencies affiliated to Services of Health, Services of Agriculture and Rural development, Services of Industry and Trade appointed as specialized inspectors, Heads of specialized State management agencies affiliated to the Ministry of Health, the Ministry of Agriculture and Rural development, and the Ministry of Industry and Trade appointed as specialized inspectors, Chiefs of ministerial inspectorates, Chiefs of specialized inspectors of Services, Chiefs of specialized inspectorates of State management agencies appointed as specialized inspectors, are entitled to impose penalties as prescribed in this Decree starting from July 01st 2013.
2. Article 15, 17, and 18 in Section 2 Chapter II of the Government's Decree No. 45/2005/ND-CP dated April 06th 2005 on the penalties for administrative violations of health, and Clause 6 Article 1, Article 21, Article 22 in Section 4 Chapter II of the Government's Decree No. 31/2010/ND-CP dated March 29th 2010, on the penalties for administrative violations of aquaculture, are annulled as from the date this Circular takes effect.
Article 38. Guidance and implementation responsibility
1. The Minister of Health shall guide, organize, and inspect the implementation of this Decree.
2. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees at all levels, relevant organizations and individuals shall implement this Decree.
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