Food hygiene and safety is a prerequisites that any food service business establishment; must also comply. However, in fact, there are many food and beverage establishments that still violate this condition.
Fines for food safety violations are always a burning issue; that any “boss” should understand. In fact, many people still cannot fully grasp the regulations; of the law on administrative penalties for violations of food hygiene and safety. To help people understand the legal basis for paying fines; as well as the amount to be paid in case of violation. As well as solving the problem: Fines for violations of food hygiene and safety in accordance with the law of Vietnam. Let’s refer; Check out the article below of Lawyer X!
Legal grounds
- Food Safety Law 2010
- Decree 15/2018/ND-CP guiding the Law on Food Safety 2010
- Decree 115/2018/ND-CP on sanctioning of administrative violations on food safety
Regulations of the law on food hygiene and safety
Food service establishments are understood as processing establishments; food, including business types: collective kitchens, canteens; catering, restaurant, business; cooked food, instant food… There is an undeniable fact that more and more; There are many food service establishments that violate food hygiene and safety regulations. Therefore, the fines for violations of food safety and hygiene have been clearly and specifically specified; in many normative documents; legislation: Decree 115/2028 ND-CP; and Decree on sanctioning of administrative violations on food hygiene and safety.
Subjects required to apply for a certificate of food safety eligibility
All establishments that are producing and trading food must have a certificate; qualified establishments vs attp while in operation EXCEPT establishments that have qualified for food safety:
Small initial production;
Food production and trading without a fixed location;
Small processing;
Retail food business;
Trading in prepackaged foods;
Producing and trading in tools, packaging materials and food containers;
Restaurant in the hotel;
The collective kitchen does not have a registered food business;
Street food business;
The establishment has been granted one of the following Certificates:
Good Manufacturing Practice (GMP), Hazard Analysis System; and critical control point (HACCP), ISO 22000 Food Safety Management System, Standard; International Food Safety (IFS), Global Standard for Food Safety (BRC), System Certification; food safety (FSSC 22000) or a valid equivalent.
Thus, it is possible to see the common characteristics of production and business establishments; food needs to apply for a form of a food hygiene and safety permit; establishments with fixed locations for production or business.
These include: Business establishments and production of alcohol, beverage, milk; processing, vegetable oil, processed products of flour, starch, confectionery, establishments; producing and trading mineral water, producing and trading food; functions, production and business establishments; from agriculture such as cereals, food, aquatic products, etc.
Handling violations of food safety regulations
According to the law, business establishments can only conducting business lines if fully meeting the requirements set forth by the law. If production and business establishments; about food without a Certificate of eligibility for food safety; business is not allowed, in case of intentionality; If they are discovered illegally, they will be forced to stop doing business; and handled in accordance with the law.
According to Article 18 of Decree 115 on sanctioning of administrative violations on food safety:
“A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for doing business; catering services without a Certificate of Qualified Facility; food safety, except for cases where the establishment is not required to issue a Certificate of satisfaction of food safety conditions as prescribed by law and violates the provisions of Clause 2 of this Article.
A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for producing and trading in food without a Certificate of food safety eligibility, except for cases not subject to a Certificate of eligibility for food safety. establishments that satisfy food safety conditions and violate the provisions of Clause 3 of this Article.
A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for producing health-protective foods without a Certificate of eligibility for food safety meeting the requirements of good manufacturing practice (GMP) food to protect health according to the route prescribed by law.
Decree 124/2021/ND-CP amending and supplementing 22 articles of Decree 115/2018/ND-CP dated September 4, 2018; the Government’s regulations on penalties for violations; food safety administration and 35 articles of Decree 117/2020/ND-CP; dated September 28, 2020 of the Government; regulations on sanctioning of administrative violations in the field of health; and takes effect from 1 January 2022.
Amending and supplementing regulations on maximum fine levels, organizations; be administratively sanctioned in Article 3 as follows:
The maximum fine on food safety is VND 100,000,000; for individuals and VND 200,000,000 for organizations
Remedial measures:
a) Forcible recall of food for violations specified in Clauses 2 and 3 of this Article;
b) Forcible change of use purpose or recycling or destruction of food; for violations specified in Clauses 2 and 3 of this Article.”
Please see more
- Make a license for food hygiene and safety by the Vietnam law
- Service of setting up a seafood production company in Vietnam
What is the fine level for food safety violations?
According to the provisions of Vietnamese law, the fines for violations of food hygiene and safety; range from 30 to 60 million VND. In there:
For the field of food hygiene and safety, food production and trading establishments; If the establishment does not have a certificate of meeting food safety conditions, a fine of between VND 30 million and VND 40 million will be imposed.
At the same time, this establishment will have all food recalled; or change the intended use or recycle or forcibly destroy the food.
Particularly for health-protective food production establishments, which do not have a certificate of eligibility for food hygiene and safety, meeting the requirements of good product practice (GMP); will be fined from 40 million to 60 million and will immediately have the food recovered or destroyed; or change the purpose of use.
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Frequently asked questions
It is necessary to promote propaganda and raise people’s awareness in strictly observing the provisions of the law on food hygiene and safety; widely disseminate information on the mass media on establishments violating food safety and hygiene… Localities need to strengthen staff to inspect food hygiene and safety from central to central levels communes, in which taking advantage of the network of salaried officers at commune and ward levels who are also responsible for inspecting and inspecting food safety. The Deputy Prime Minister also noted that ministries, branches and localities in the work of summarizing and propagating should be thrifty, avoiding ostentatious, formal, wasteful and costly.
The fine level for food-related business acts without a certificate of food safety eligibility is quite high, showing the seriousness and deterrence of the law against violations.
Food-related business establishments need to carry out procedures for issuance of a Certificate of eligibility for food safety in order to do business in accordance with law.
Fines for food safety violations; the importance of the certificate of food hygiene and safety, thereby strictly complying with the provisions of the Law of Vietnam.
Conclusion: So the above is Fines for violations of food hygiene and safety by Vietnamese law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
