what behaviors are violations of food hygiene and safety in Vietnam

by NguyenThiThuTrang

Food hygiene and safety is an important issue in health and social life. The status of food handling, processing and preservation is currently the concern of many people. Currently, the authorities have closely managed food safety and hygiene. So, what behaviors are violations of food hygiene and safety? What are the legal provisions on penalties for violations of these acts? Lawyer X will answer the above questions in the article below.

  • Criminal Code 2015

What is food safety?

Food hygiene and safety or food safety in a narrow sense is a science used to describe the handling, processing, preservation and storage of food by methods of prevention and control of diseases caused by caused by food. Food hygiene and safety also includes a number of processing practices that need to be followed to avoid serious potential health risks.

Food hygiene and safety also includes a number of processing practices that need to be followed to avoid serious potential health risks. In a broad sense, food hygiene and safety are all issues that need to be handled related to ensuring food hygiene in order to ensure the health of consumers.

Food hygiene is to keep food from being contaminated, contaminated, food poisoning. Food that is considered hygienic is food that is handled and stored cleanly during production, care, packaging and processing.

Acts of violation of food hygiene and safety

Pursuant to Clause 1, Article 317 of the 2015 Penal Code, the violations of food hygiene and safety are as follows:

Using banned substances in the production, preliminary processing, processing, preservation of food or selling or supplying food knowing that the food contains banned substances;
Using chemicals, antibiotics, veterinary drugs and pesticides banned from use in cultivation, animal husbandry, aquaculture, salt making, preliminary processing, processing and preservation of agricultural, forestry and aquatic products and salt creates excess residue in the product;
Using chemicals, antibiotics, veterinary drugs, plant protection drugs, environmental remediation substances outside the list of permitted use or of unknown origin or not in accordance with regulations in production, preliminarily processing, processing and preserving food in cultivation, husbandry, aquaculture, salt making, creating residues exceeding the allowable threshold in products or having been administratively sanctioned for one of the following acts: at this point or point a of this clause but still violate;
Processing, supplying or selling food that is known to be food that does not meet technical regulations and regulations on food safety; Using chemicals, additives, processing aids outside the list of permitted use or of unknown origin in the production, preliminary processing, processing and preservation of food: causing harm to the health of 01 person. a person whose bodily injury rate is between 31% and 60% or causes harm to the health of 2 or more people and whose total bodily injury rate is between 31% and 60%, or gains illicit profits from 50,000,000 VND to 100,000,000 VND.

What are the penalties for food safety violations?

Article 317 of the 2015 Penal Code (amended and supplemented in 2017) stipulates the following penalty frames:

The offenders may be subject to a fine of between VND 50 million and VND 200 million or a prison term of between 01 and 05 years in the following cases:

Have a value of between VND 10 million and under VND 100 million;

Has been administratively sanctioned for one of the above acts or has been sentenced for this crime, has not yet been expunged, but continues to commit it;

Illegal profits from 5 million VND to less than 20 million VND.

For food using raw materials that are animals that have died due to diseases, epidemics or destroyed animals, they will be prosecuted for penal liability according to Clause 1 in the following cases:

Have a value of between VND 10 million and under VND 100 million;

Has been administratively sanctioned for one of the above acts or has been sentenced for this crime, has not yet been expunged, but continues to commit it.

Illegal profits from 5 million VND to less than 20 million VND.

For food using raw materials that are animals that have died due to diseases, epidemics or destroyed animals, they will be prosecuted for penal liability according to Clause 1 in the following cases:

Have a value of between VND 10 million and under VND 100 million;

Has been administratively sanctioned for one of the above acts or has been sentenced for this crime, has not yet been expunged, but continues to commit it.

For food using substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids that are known to have not been allowed to be used or have not been allowed to be stored. operating in Vietnam will pursue criminal liability under Clause 1 in the following cases:

Have a value of between VND 100 million and under VND 300 million;

Have a value of between VND 50 million and under VND 100 million but have been administratively sanctioned for one of the above acts or have been sentenced for this crime, have not yet been expunged, but continue to commit violations. offense.

Gaining illicit profits from VND 50 million to under VND 100 million;

Gaining illicit profits of between VND 20 million and under VND 50 million but have been administratively sanctioned for one of the above acts or have been sentenced for this crime, not yet entitled to criminal record remission but continue to commit them.

Causing poisoning, seriously affecting the health of 5 to 20 people;

Causing harm to the health of others with a body damage rate of between 30% and 60%.

Second: Offenders may be subject to a fine of between VND 50 million and VND 200 million or imprisonment from three to seven years in the following cases:

Organized crime;

1 person is killed;

Causing poisoning seriously affecting the health of 21 to 100 people;

Causing damage to the health of others with a total bodily injury rate of 61% or more;

Causing damage to the health of 02 or more people with the total injury rate of these persons from 61% to 121%;

Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids banned from use or outside the list of permitted use will be searched. Criminal liability under Clause 2 in the following cases:

Value from 100 million VND to less than 300 million VND;

Gaining illicit profits from 20 million VND to less than 100 million VND.

Food using raw materials is animals that have died due to diseases, epidemics or destroyed animals, valued at between VND 100 million and under VND 300 million;

Food containing substances, chemicals, antibiotics, veterinary drugs, plant protection drugs, food additives or food processing aids that are known to have not been allowed to be used or have not yet been allowed to be circulated. In Vietnam, criminal liability will be prosecuted under Clause 2 in the following cases:

Value from 300 million VND to less than 500 million VND;

Gaining illicit profits from VND 100 million to under VND 200 million;

Causing poisoning seriously affecting the health of 21 to 100 people;

Causing damage to the health of others with a total bodily injury rate of 61% or more;

Causing damage to the health of 02 or more people with the total injury rate of these persons from 61% to 121%;

Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids banned from use or outside the list of permitted use will be searched. Criminal liability under Clause 2 in the following cases:

Value from 100 million VND to less than 300 million VND;

Gaining illicit profits from 20 million VND to less than 100 million VND.

Food using raw materials is animals that have died due to diseases, epidemics or destroyed animals, valued at between VND 100 million and under VND 300 million;

Food containing substances, chemicals, antibiotics, veterinary drugs, plant protection drugs, food additives or food processing aids that are known to have not been allowed to be used or have not yet been allowed to be circulated. In Vietnam, criminal liability will be prosecuted under Clause 2 in the following cases:

Value from 300 million VND to less than 500 million VND;

Gaining illicit profits from VND 100 million to under VND 200 million;

Dangerous recidivism.

Thirdly: Offenders may be sentenced to between 07 and 15 years of imprisonment in the following cases:

Killing 02 people;

Causing poisoning seriously affecting the health of 101 to 200 people;

Causing damage to the health of 02 or more people with the total injury rate of these persons from 122% to 200%;

Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids banned from use or outside the list of permitted use will be searched. Criminal liability under Clause 3 in the following cases:

Value from 300 million VND to less than 500 million VND;

Gaining illicit profits from VND 100 million to under VND 300 million;

Food using raw materials is animals that have died due to diseases, epidemics or destroyed animals, valued at between VND 300 million and under VND 500 million;

Food containing substances, chemicals, antibiotics, veterinary drugs, plant protection drugs, food additives or food processing aids that are known to have not been allowed to be used or have not yet been allowed to be circulated. In Vietnam, criminal liability will be prosecuted under Clause 3 in the following cases:

Value from 500 million VND to less than 1 billion VND;

Gaining illicit profits from VND 200 million to under VND 500 million;

Fourthly: Offenders may be sentenced to imprisonment from 12 to 20 years in the following cases:

Causing death of 03 people;

Causing poisoning seriously affecting the health of 201 people or more;

Causing damage to the health of 03 or more people whose total damage rate is 201% or more.

Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids banned from use or outside the list of permitted use will be searched. Criminal liability under Clause 3 in the following cases:

Value from 500 million VND or more;

Gaining illegal profits of 300 million VND or more;

Food using raw materials is animals that died due to diseases, epidemics or destroyed animals valued at VND 500 million or more;

Food containing substances, chemicals, antibiotics, veterinary drugs, plant protection drugs, food additives or food processing aids that are known to have not been allowed to be used or have not yet been allowed to be circulated. In Vietnam, criminal liability will be prosecuted under Clause 3 in the following cases:

Value from 1 billion VND or more;

Gaining illicit profits of VND 500 million or more;

The offenders may also be subject to a fine of between VND 20 million and VND 100 million, a ban from holding certain posts, practicing certain professions or doing certain jobs for one to five years.

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Finally, we hope this article is useful for you to answer the question: “what behaviors are violations of food hygiene and safety. If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: hoangson@lsx.vn

Frequently asked questions

What is the application file for a food hygiene and safety license?

– An application form for a food hygiene and safety license (according to the form)
Certificate of business registration (notarized copy)
– A written explanation of the facilities and facilities meeting food hygiene and safety conditions (drawing diagram of the production and business premises; description of the food processing process)
– A commitment to ensure food hygiene and safety for food materials and products manufactured and traded by the unit.
– Health certificate of the person directly engaged in production and business, issued by a competent medical facility
– Certificate of completion of the training course on food hygiene and safety for people directly engaged in food production and trading.
– Source water test results

Which agency has the authority to inspect food safety?

According to Article 4 of Circular 48/2015/TT-BYT, the competent authority to inspect food safety includes:
– The Food Safety Department conducts food safety inspection nationwide.
– Departments of Health, Sub-Departments of Food Safety and Hygiene of provinces and centrally run cities (hereinafter referred to as provincial level) shall inspect food safety in the whole province.
People’s Committees of districts, urban districts and towns (hereinafter collectively referred to as district level), Health Department of district People’s Committee, district health center are responsible for food safety inspection in the district. .
People’s Committees of communes, wards and townships (hereinafter referred to as commune level) and commune health stations are responsible for inspecting food safety in the commune.

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