Decree No. 178/2013/ND-CP on administrative penalties for violations concerning food safety

DECREE

Decree on Administrative Sanctions for Violations Relating to Food Safety

 

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

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;

Pursuant to the Law on Food Safety dated June 17, 2010;

At the proposal of the Minister of Health,

The Government promulgates this Decree on Administrative Sanctions for Violations Relating to Food Safety.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations, forms of administrative sanctions and fines, measures to remedy consequences, authority to issue administrative violation reports, and authority to impose administrative sanctions relating to food safety.

2. Administrative violations relating to food safety as prescribed in this Decree include:

a) Violations of provisions concerning conditions ensuring food safety for food products;

b) Violations of provisions concerning conditions ensuring food safety in food production and business;

c) Violations of provisions concerning conditions ensuring food safety for imported foods and exported foods;

d) Violations of provisions concerning information, education, and communication on food safety; food testing; risk analysis, prevention, containment, and remediation of food safety incidents; traceability, recall, and handling of unsafe foods.

3. Other acts of administrative violations related to food safety prescribed in other decrees on administrative sanctions for violations relating to veterinary practices, fisheries, standards, measurement, quality, trade, culture, sports, tourism, advertising, labor, and other fields shall be subject to administrative sanctions under those decrees.

Article 2. Applicability

1. Vietnamese individuals and organizations; foreign individuals and organizations committing administrative violations relating to food safety within the territory of Vietnam.

2. Individuals and organizations with authority to issue administrative violation reports and impose administrative sanctions, and other relevant individuals and organizations.

Article 3. Forms of Administrative Sanctions and Measures to Remedy Consequences

1. For each act of administrative violation relating to food safety, the violator must bear one of the following main forms of administrative sanction: warning or fine.

2. Depending on the nature and degree of the violation, individuals and organizations committing administrative violations relating to food safety may also be subject to one or more of the following supplementary forms of administrative sanction:

a) Suspension of the right to use certificates of establishments meeting food safety conditions for a period of time or suspension of operations for a period of time;

b) Confiscation of objects of administrative violations and means used to commit administrative violations relating to food safety.

3. In addition to the main form of administrative sanction and supplementary forms, individuals and organizations committing administrative violations may also be subject to one or more of the measures to remedy consequences prescribed in Points d, đ, e, g, and h Clause 1 Article 28 of the Law on Handling Administrative Violations and the following measures to remedy consequences:

a) Compelling the implementation of veterinary hygiene inspections on terrestrial animal products that have not undergone such inspections before production or processing;

b) Compelling the change of purpose of use of goods in violation;

c) Compelling the cancellation of test results conducted from samples of food that have been substituted or falsified or test result certificates issued in violation of regulations;

d) Compelling the destruction of counterfeit documents;

đ) Compelling the payment of all costs for handling food poisoning, medical examination, and treatment of food poisoning victims in cases of food poisoning.

Article 4. Provisions on the maximum fine amount and the authority to impose fines on individuals and organizations

1. The maximum fine for each administrative violation concerning food safety is 100,000,000 VND for individuals and 200,000,000 VND for organizations, except as provided in Clause 2 of this Article.

2. In cases where applying the highest level of fine within the prescribed fine range under Clauses 4, 5, and 6 of Article 5; Clause 6 of Article 6; Clause 3 of Article 7; Point d and Point đ of Clause 5, Points b, c, and d of Clause 6 of Article 16; and Clause 4 of Article 26 of this Decree still results in a fine lower than 3.5 times the total value of the non-compliant food (for individual violators) or lower than seven times the total value of the non-compliant food (for organizational violators), the fine shall be set at 3.5 times the total value of the non-compliant food at the time of the violation for individuals or seven times the total value of the non-compliant food at the time of the violation for organizations.

3. The fines stipulated in Chapter II of this Decree apply to individuals. For the same administrative violation, the fine for organizations is twice the fine for individuals.

4. The authority to impose fines on individuals as specified in Chapter III of this Decree applies to one administrative violation committed by an individual. In cases of fines, the authority to impose fines on organizations is twice the authority to impose fines on individuals.

Chapter II
ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES, AMOUNTS OF FINES AND REMEDIAL MEASURES FOR CONSEQUENCES

Section 1
VIOLATIONS OF PROVISIONS ON CONDITIONS TO ENSURE FOOD SAFETY

Article 5. Violations of regulations on the use of food ingredients in food production and processing

1. A fine equal to 80% to 100% of the total value of the non-compliant food at the time of the violation for using terrestrial animal products not inspected for veterinary hygiene as required for food production and processing, but the fine shall not exceed 100,000,000 VND.

2. A fine equal to 100% to 120% of the total value of the non-compliant food at the time of the violation for using food ingredients, food additive ingredients, or food processing aids that have exceeded their shelf life or lack a shelf life label when such labeling is mandatory for food production and processing, food additives, or food processing aids, but the fine shall not exceed 100,000,000 VND.

3. A fine equal to 120% to 150% of the total value of the non-compliant food at the time of the violation for using terrestrial animal products that have been inspected for veterinary hygiene but do not meet requirements for food production and processing, but the fine shall not exceed 100,000,000 VND.

4. A fine from 10,000,000 VND to 20,000,000 VND for using food ingredients that do not ensure food safety for food production and processing, except for the violations specified in Clauses 1, 2, 3, 5, and 6 of this Article.

5. A fine from 30,000,000 VND to 50,000,000 VND for using food ingredients of unknown origin or lacking a certificate of origin issued by the competent state agency as required for food production and processing.

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

a) Using ingredients not intended for food production and processing;

b) Using diseased animals, animals that died from disease or epidemic, or animals that died for unknown reasons and were ordered to be destroyed by the competent state agency for food production and processing;

c) Using food ingredients containing impurities that do not ensure food safety for food production and processing.

7. A fine equal to 3.5 times the total value of the non-compliant food produced from unsafe food ingredients for the acts specified in Clauses 4, 5, and 6 of this Article if the highest fine within the prescribed fine range under Clauses 4, 5, and 6 of this Article is lower than 3.5 times the total value of the non-compliant food at the time of the violation.

8. Additional forms of punishment:

a) Suspension of food production and processing activities for one to two months for the acts specified in Clause 2 and Clause 3 of this Article;

b) Suspension of food production and processing activities for two to three months for the acts specified in Clause 4 and Clause 5 of this Article;

c) Suspension of food production and processing activities for three to six months for the act specified in Clause 6 of this Article.

9. Remedial measures:

a) Compel veterinary inspection for the act specified in Clause 1 of this Article;

b) Compel destruction of the evidence of violation for the acts specified in Clauses 2, 3, 4, and 5, Point a and Point b of Clause 6 of this Article;

c) Compel removal of impurities to ensure food safety for the batch of non-compliant goods that do not require destruction for the act specified in Point c of Clause 6 of this Article; if it cannot be implemented, compel destruction.

Article 6. Violations concerning the use of food additives and processing aids in food production and processing

1. A fine of VND 3,000,000 to VND 5,000,000 for the act of using food additives and processing aids within the permitted list but exceeding the allowed limits.

2. A fine of VND 10,000,000 to VND 20,000,000 for the act of using food additives and processing aids within the permitted list but beyond their expiration date or without an expiration date.

3. A fine of VND 20,000,000 to VND 30,000,000 for the act of using food additives and processing aids that do not meet technical standards and corresponding food safety regulations.

4. A fine of VND 30,000,000 to VND 40,000,000 for the act of using food additives and processing aids outside the permitted list.

5. A fine of VND 40,000,000 to VND 50,000,000 for the act of using food additives and processing aids of unknown origin or source.

6. A fine of VND 70,000,000 to VND 100,000,000 for the act of using food additives and processing aids containing harmful substances.

7. A fine equal to 3.5 times the total value of the non-compliant food products for the act specified in Clause 6 of this Article if the highest fine under the penalty range prescribed in Clause 6 of this Article is lower than 3.5 times the total value of the non-compliant food products at the time of violation.

8. Additional forms of punishment:

a) Suspension of food production and processing activities for two to three months for acts specified in Clauses 2, 3, 4, and 5 of this Article;

b) Suspension of food production and processing activities for three to six months for the act specified in Clause 6 of this Article.

9. Remedial measures:

Order the destruction of evidence of violations for acts specified in Clauses 2, 3, 4, 5, and 6 of this Article.

Article 7. Violations concerning the use of chemicals in food production and processing

1. A fine of VND 10,000,000 to VND 20,000,000 for the act of using permitted chemicals in food production and processing activities but beyond their expiration date or without an expiration date.

2. A fine of VND 20,000,000 to VND 40,000,000 for the act of using chemicals not listed in the permitted list, chemicals of unknown origin for food production and processing.

3. A fine of VND 70,000,000 to VND 100,000,000 for the act of using prohibited chemicals in food production and processing for food production and processing.

4. A fine equal to 3.5 times the total value of the non-compliant food products for the act specified in Clause 3 of this Article if the highest fine under the penalty range prescribed in Clause 3 of this Article is lower than 3.5 times the total value of the non-compliant food products at the time of violation.

5. Additional forms of punishment:

a) Suspension of food production and processing activities for two to four months for the act specified in Clause 1 of this Article;

b) Suspension of food production and processing activities for four to six months for the act specified in Clause 2 of this Article;

c) Suspension of food production and processing activities for six to twelve months for the act specified in Clause 3 of this Article.

6. Measures to remedy consequences:

Order the destruction of evidence of violations for acts specified in Clauses 1, 2, and 3 of this Article.

Article 8. Violation of provisions on fortifying food with micronutrients

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of fortifying food with vitamins, minerals, trace elements listed in the prescribed catalog but using them at levels exceeding the permitted limits.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of fortifying food with vitamins, minerals, trace elements not listed in the prescribed catalog.

Article 9. Violation of provisions on the use of packaging materials and equipment that come into direct contact with food in food production and business activities

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of using packaging materials and equipment that come into direct contact with food which must be registered for conformity declaration or food safety compliance declaration but without a receipt of conformity declaration or confirmation of compliance declaration or with expired declarations before such packaging materials and equipment are produced or imported for food production and business activities.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of using packaging materials and equipment that come into direct contact with food that do not meet technical standards or food safety regulations for food production and business activities.

3. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed for the act of using packaging materials and equipment that come into direct contact with food containing harmful substances or contaminated with harmful substances for food production and business activities.

4. Additional forms of administrative punishment:

a) Suspension of food production and business activities for two to three months for the act stipulated in Clause 2 of this Article;

b) Suspension of food production and business activities for three to six months for the act stipulated in Clause 3 of this Article.

5. Measures to remedy consequences:

Compel the conversion of the purpose of use or destruction of the objects of violation for the act stipulated in Clause 3 of this Article.

Section 2
VIOLATION OF PROVISIONS ON FOOD SAFETY CONDITIONS IN FOOD PRODUCTION AND BUSINESS ACTIVITIES

Article 10. Violation of provisions on health standards in food production and business activities, food additives, food processing aids, equipment, and packaging materials and containers for food

1. Imposing penalties for the act of conducting regular health examinations for individuals required to undergo such examinations but failing to conduct all tests as prescribed or using a health certificate that has exceeded its validity period according to one of the following levels:

a) Warning or a fine of from VND 300,000 to VND 500,000 for violations involving less than ten people;

b) A fine of from VND 500,000 to VND 1,000,000 for violations involving ten to less than twenty people;

c) A fine of from VND 1,000,000 to VND 2,000,000 for violations involving twenty to less than one hundred people;

d) A fine of from VND 3,000,000 to VND 5,000,000 for violations involving one hundred to less than five hundred people;

đ) A fine of from VND 5,000,000 to VND 10,000,000 for violations involving five hundred people or more.

2. Imposing penalties for the act of failing to conduct regular health examinations for individuals required to undergo such examinations according to one of the following levels:

a) A fine of from VND 500,000 to VND 1,000,000 for violations involving less than ten people;

b) A fine of from VND 1,000,000 to VND 2,000,000 for violations involving ten to less than twenty people;

c) A fine of from VND 3,000,000 to VND 5,000,000 for violations involving twenty to less than one hundred people;

d) A fine of from VND 5,000,000 to VND 10,000,000 for violations involving one hundred to less than five hundred people;

đ) A fine of from VND 10,000,000 to VND 20,000,000 for violations involving five hundred people or more.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of altering or erasing the contents of a health certificate.

4. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for the act of using a fake health certificate.

5. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed for the act of using individuals suffering from diseases or conditions listed in the catalog of infectious diseases not allowed to directly participate in food production and processing.

6. Measures to remedy consequences:

Compel the destruction of fake health certificates for the act stipulated in Clause 4 of this Article.

Article 11. Violations concerning training on food safety knowledge for technical officers and technical staff involved in food production and business, food additives, food processing aids, packaging tools and materials

1. Imposing penalties on the act of failing to update food safety knowledge as prescribed for individuals required to update their knowledge according to one of the following levels:

a) Warning or a fine of from VND 300,000 to VND 500,000 for violations involving less than ten people;

b) A fine of from VND 500,000 to VND 1,000,000 for violations involving ten to less than twenty people;

c) A fine of from VND 1,000,000 to VND 2,000,000 for violations involving twenty to less than one hundred people;

d) A fine of from VND 3,000,000 to VND 5,000,000 for violations involving one hundred to less than five hundred people;

đ) A fine of from VND 5,000,000 to VND 10,000,000 for violations involving five hundred people or more.

2. Imposing penalties on the act of using individuals required to undergo food safety knowledge training as prescribed without a certificate of food safety knowledge training according to one of the following levels:

a) A fine of from VND 500,000 to VND 1,000,000 for violations involving less than ten people;

b) A fine of from VND 1,000,000 to VND 2,000,000 for violations involving ten to less than twenty people;

c) A fine of from VND 3,000,000 to VND 5,000,000 for violations involving twenty to less than one hundred people;

d) A fine of from VND 5,000,000 to VND 10,000,000 for violations involving one hundred to less than five hundred people;

đ) A fine of from VND 10,000,000 to VND 20,000,000 for violations involving five hundred people or more.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Engaging in food production and business, food additive production and business, food processing aid production and business, packaging tools and materials production and business which are required to have technical officers or technical staff but lacking such personnel as prescribed;

b) Altering or tampering with the content of a food safety knowledge training certificate or documentation proving food safety knowledge updates.

4. Imposing a fine of VND 5,000,000 to VND 7,000,000 for the act of using a fake certificate of food safety knowledge training or documentation proving food safety knowledge updates.

5. Measures to remedy consequences:

Obligating the destruction of fake documents for the act stipulated in Clause 4 of this Article.

Article 12. Violations concerning safe food handling practices in food production and business, food additive production and business, food processing aid production and business, packaging tools and materials

1. Imposing penalties on the act of using workers who wear protective clothing as prescribed but not fully according to one of the following levels:

a) Warning or a fine of from VND 300,000 to VND 500,000 for violations involving less than ten people;

b) A fine of from VND 500,000 to VND 1,000,000 for violations involving ten to less than twenty people;

c) A fine of from VND 1,000,000 to VND 2,000,000 for violations involving twenty to less than one hundred people;

d) A fine of from VND 3,000,000 to VND 5,000,000 for violations involving one hundred to less than five hundred people;

đ) A fine of from VND 5,000,000 to VND 10,000,000 for violations involving five hundred people or more.

2. Imposing penalties on the act of using workers who do not wear protective clothing as prescribed according to one of the following levels:

a) A fine of from VND 500,000 to VND 1,000,000 for violations involving less than ten people;

b) A fine of from VND 1,000,000 to VND 2,000,000 for violations involving ten to less than twenty people;

c) A fine of from VND 3,000,000 to VND 5,000,000 for violations involving twenty to less than one hundred people;

d) A fine of from VND 5,000,000 to VND 10,000,000 for violations involving one hundred to less than five hundred people;

đ) A fine of from VND 10,000,000 to VND 20,000,000 for violations involving five hundred people or more.

3. Imposing penalties on the act of violating safe food handling practices in food production and business according to one of the following levels:

a) Warning or a fine of from VND 300,000 to VND 500,000 for violations involving less than ten people;

b) A fine of from VND 500,000 to VND 1,000,000 for violations involving ten to less than twenty people;

c) A fine of from VND 1,000,000 to VND 2,000,000 for violations involving twenty to less than one hundred people;

d) A fine of from VND 3,000,000 to VND 5,000,000 for violations involving one hundred to less than five hundred people;

đ) A fine of from VND 5,000,000 to VND 10,000,000 for violations involving five hundred people or more.

Article 13. Violations concerning general conditions ensuring food safety in food production and business, food additive production and business, food processing aid production and business, packaging tools and materials

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Failing to meet regulations regarding location or safe distance from sources of toxicity, pollution, and other harmful factors;

b) Lacking sufficient equipment and measures to prevent and control pests and harmful animals as prescribed.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Lacking appropriate equipment and tools as prescribed to process raw materials, prepare, package, store, and transport various types of foods, food additives, food processing aids, packaging tools and materials;

b) Lacking appropriate washing and disinfection equipment, tools, means, and disinfectant water as prescribed;

c) Failing to ensure food safety during food production and business, food additive production and business, food processing aid production and business, packaging tools and materials production and business as prescribed, except for the acts stipulated in Clause 1, Point a and Point b Clause 2 and Clause 3 of this Article.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Using water that does not meet technical standards for food production and business, food additive production and business, food processing aid production and business;

b) Food preparation and processing procedures, food additive preparation and processing procedures, food processing aid preparation and processing procedures, packaging tool and material preparation and processing procedures that do not ensure safety or food coming into contact with pollution and toxic factors;

c) Failing to implement appropriate waste management measures in areas causing environmental pollution in food production and business, food additive production and business, food processing aid production and business, packaging tools and materials;

d) Using cleaning and disinfecting chemicals in food production and business not in accordance with regulations.

4. Imposing a fine on the act of failing to establish and apply Good Manufacturing Practices (GMP), Good Hygiene Practices (GHP, SSOP), Good Agricultural Practices (GAP, VietGAP), Hazard Analysis and Critical Control Points (HACCP) and other advanced food safety management systems for production and business establishments required to apply them according to the regulations of competent state agencies according to one of the following levels:

a) Imposing a fine of VND 5,000,000 to VND 10,000,000 for initial production activities;

b) Imposing a fine of VND 10,000,000 to VND 20,000,000 for production activities involving preliminary processing, preparation, and storage.

Article 14. Violation of provisions on conditions ensuring food safety in storing food, food additives, food processing aids, tools, packaging materials, and containers for food

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Not storing each type of food, food additives, food processing aids, tools, packaging materials, and containers for food separately, leading to a risk of cross-contamination;

b) Not having specialized equipment to control temperature, humidity, ventilation devices, and other special storage conditions required for each type of food, food additives, food processing aids;

c) Not maintaining records of temperature, humidity, and other conditions for raw food materials, food additives, food processing aids, and food products requiring special storage conditions.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Using storage places and food preservation means that do not ensure hygiene;

b) Not complying with storage regulations for food, food additives, food processing aids, tools, packaging materials, and containers for food that have been announced by individuals or organizations producing or processing such items;

c) Using storage places for food, food additives, food processing aids, tools, packaging materials, and containers for food that contain pests or harmful animals.

3. A fine of from five million dong to ten million dong shall be imposed for the act of storing food, food additives, food processing aids, tools, packaging materials, and containers for food together with toxic substances.

4. Measures to remedy consequences:

a) Order the destruction of the contraband goods which are food, food additives, food processing aids stored together with toxic substances as stipulated in Clause 3 of this Article;

b) Order the change of purpose of use or destruction of the contraband goods which are tools, packaging materials, and containers for food stored together with toxic substances as stipulated in Clause 3 of this Article.

Article 15. Violation of provisions on conditions ensuring food safety in transporting food, food additives, food processing aids, tools, packaging materials, and containers for food

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Using transportation means for food, food additives, food processing aids, tools, packaging materials, and containers for food made of materials that contaminate food, food additives, food processing aids, tools, packaging materials, and containers for food;

b) Transporting food with packaging or containers but not ensuring safety or causing breakage, tearing, deformation during transport, leading to food contamination;

c) Not ensuring storage conditions during transport; transporting food, food additives, food processing aids, tools, packaging materials, and containers for food together with other types of goods, posing a risk of food contamination.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Using transportation means that cause contamination of food, food additives, food processing aids, tools, packaging materials, and containers for food, transportation means that have transported toxic substances without being thoroughly cleaned to transport food, food additives, food processing aids, tools, packaging materials, and containers for food;

b) Transporting food together with toxic substances.

3. Measures to remedy consequences:

a) Order the removal of contaminants from food, food additives, food processing aids, tools, packaging materials, and containers for food for the acts stipulated in Clause 1 and Clause 2 of this Article; if removal is not possible, order destruction;

b) Order the change of purpose of use for transportation means for the acts stipulated in Point a of Clause 1 and Point a of Clause 2 of this Article;

c) Order the change of purpose of use or destruction of contaminated tools, packaging materials, and containers for food for the acts stipulated in Clause 1 and Clause 2 of this Article.

Article 16. Violation of provisions on conditions for ensuring food safety in the production and business of fresh aquatic products

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of storing, transporting, harvesting aquatic species originating from prohibited harvesting breeding facilities or prohibited harvesting aquaculture areas.

2. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for the act of collecting and processing aquatic species originating from prohibited harvesting breeding facilities or prohibited harvesting aquaculture areas.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of hiring others to transport or harvest aquatic species originating from prohibited harvesting breeding facilities or prohibited harvesting aquaculture areas.

4. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for the act of processing aquatic species originating from prohibited harvesting breeding facilities or prohibited harvesting aquaculture areas.

5. A fine shall be imposed for the act of adding impurities to aquatic products, collecting, processing, storing, processing, and trading aquatic products containing impurities at one of the following levels:

a) A fine of VND 300,000 to VND 500,000 shall be imposed for the direct act of adding impurities to aquatic products;

b) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of transporting aquatic products containing impurities, except where permitted by competent state authorities;

c) A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of hiring others to transport aquatic products containing impurities, except where permitted by competent state authorities;

d) A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for the act of collecting, storing, and trading aquatic products containing impurities that have been added;

đ) A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for the act of organizing the addition of impurities to aquatic products or processing, and processing aquatic products containing impurities that have been added.

6. A fine shall be imposed for the act of harvesting, collecting, processing, storing, processing, and trading aquatic species with natural toxins at one of the following levels:

a) A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the intentional act of harvesting aquatic species with natural toxins that are banned from being used as food due to health risks;

b) A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for the act of transporting aquatic species with natural toxins that pose health risks, except where permitted by competent state authorities;

c) A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of hiring others to transport aquatic species with natural toxins that pose health risks, except where permitted by competent state authorities;

d) A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for the act of collecting, processing, storing, processing, and trading aquatic species with natural toxins that pose health risks and are used as food, except where permitted by competent state authorities.

7. A fine equal to 3.5 times the total value of the non-compliant food shall be imposed for the acts specified in Point d and đ Clause 5, Points b, c, and d Clause 6 of this Article if the highest fine level within the fine range prescribed in Clause 5 and Clause 6 of this Article is lower than 3.5 times the total value of the non-compliant food at the time of violation.

8. Additional forms of punishment:

a) Suspension of the right to use the certificate of a facility meeting food safety conditions for a period of three to six months for the acts specified in Clause 2, the acts specified in Clause 4 of this Article; activities of storing and trading aquatic products specified in Point d Clause 5 of this Article; activities of processing, storing, processing, and trading aquatic products specified in Point d Clause 6 of this Article;

b) Suspension of operations for a period of one to three months for the acts specified in Point đ Clause 5 of this Article; collection activities specified in Point d Clause 6 of this Article;

c) Confiscation of the batch of non-compliant aquatic products as specified in Clauses 1, 2, and 4 of this Article;

d) Confiscation of tools and equipment used for violations as specified in Point d and đ Clause 5 of this Article.

9. Remedial measures:

a) Forced destruction of batches of non-compliant aquatic products for the acts specified in Clauses 2, 3, and 4 of this Article;

b) Forced removal of impurities from batches of non-compliant products that are not subject to forced destruction for the acts specified in Clause 5 of this Article; in cases where impurities cannot be removed, forced destruction shall be required;

c) Forced destruction of batches of aquatic products with natural toxins that pose health risks for the acts specified in Clause 6 of this Article.

Article 17. Violation of provisions on conditions for ensuring food safety in the production and business of animals and fresh animal products used as food

1. A fine equal to 80% to 100% of the total value of the non-compliant food at the time of violation shall be imposed for any of the following acts, but the maximum fine shall not exceed 100,000,000 VND:

a) Trading in animal products that have been vaccinated but have not yet reached the required waiting period as prescribed;

b) Trading in animal products from animals that have been treated with veterinary drugs but have not yet reached the necessary withdrawal period as directed by the manufacturer.

2. A fine equal to 100% to 120% of the total value of the non-compliant food at the time of violation shall be imposed for any of the following acts, but the maximum fine shall not exceed 100,000,000 VND:

a) Trading in fresh terrestrial animal-origin food that has spoiled, changed color, or flavor;

b) Trading in fresh terrestrial animal-origin food that has been adulterated with impurities but does not affect food safety.

3. A fine equal to 120% to 150% of the total value of the non-compliant food at the time of violation shall be imposed for the act of trading in fresh live animal products contaminated with bacteria or containing residues exceeding permissible limits, but the maximum fine shall not exceed 100,000,000 VND.

4. Measures to remedy consequences:

Order the destruction of evidence of violations for the acts specified in Point a Clause 2 and Clause 3 of this Article.

Article 18. Violation of provisions on conditions for ensuring food safety in the production and business of fresh plant-origin food

1. A fine of between 500,000 VND and 1,500,000 VND shall be imposed for the act of producing, processing, preparing, or trading in fresh plant-origin food that violates one of the conditions for ensuring food safety as prescribed.

2. A fine equal to 40% to 60% of the total value of the non-compliant food at the time of violation shall be imposed for the act of producing or trading in fresh plant-origin food that exceeds one of the safe food quality standards as prescribed, but the maximum fine shall not exceed 100,000,000 VND.

3. A fine equal to 60% to 80% of the total value of the non-compliant food at the time of violation shall be imposed for the act of producing fresh plant-origin food using chemicals or preparations not included in the list of permitted substances for crop cultivation, but the maximum fine shall not exceed 100,000,000 VND.

4. A fine equal to 80% to 100% of the total value of the non-compliant food at the time of violation shall be imposed for the act of producing or trading in fresh plant-origin food using banned chemicals for crop cultivation, but the maximum fine shall not exceed 100,000,000 VND.

5. Measures to remedy consequences:

Order the destruction of evidence of violations for the acts specified in Clauses 2, 3, and 4 of this Article.

Article 19. Violation of provisions on conditions for ensuring food safety in the business of processed food

1. A fine of between 500,000 VND and 1,000,000 VND shall be imposed for any of the following acts in the business of unpackaged processed food:

a) Not having measures to ensure that food does not spoil, mold, come into contact with insects, animals, dust, and other contaminating factors;

b) Not providing information about the origin and production date of the food.

2. A fine of between 1,000,000 VND and 3,000,000 VND shall be imposed for any of the following acts in the business of packaged processed food:

a) Not complying with the conditions for ensuring safety regarding packaging tools and materials, and food safety conditions during storage as prescribed;

b) Not maintaining hygiene in the place of business;

c) Not storing food according to the instructions of the producer or organization.

3. Measures to remedy consequences:

Order the change of use or destruction of spoiled, moldy, or contaminated food for the act specified in Point a Clause 1 of this Article.

Article 20. Violation of provisions on conditions for ensuring food safety in the operation of catering services under the form of eating establishments, shops, stalls selling ready-to-eat food, cooked food.

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on any of the following acts:

a) Displaying and selling ready-to-eat food, cooked food without sanitary storage equipment, without tables or racks higher than ground level as prescribed;

b) Not separating raw food from cooked food;

c) Using processing, storage, and dining areas that do not meet hygiene requirements or have pests and harmful animals;

d) Using serving, containing utensils and eating utensils that do not meet hygiene requirements;

đ) Not having waste containers as prescribed or having them but they do not meet hygiene requirements; not collecting waste daily.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Using water that does not meet technical standards to process food;

b) Using ingredients without proof of origin or expiration date, unsafe for food processing;

c) Using food additives without proof of origin or expiration date, not listed in the permitted food additive directory, unsafe for food processing;

d) Processing food that does not ensure safety;

đ) Operating catering services that do not ensure food safety leading to food poisoning.

3. Additional forms of punishment:

Suspend the operation of catering services for one to three months in case of repeat offenses for violations stipulated in Point đ Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compel the destruction of food ingredients without proof of origin or expiration date, spoiled, rotten, or decayed as stipulated in Point b Clause 2 of this Article; food additives violating regulations as stipulated in Point c Clause 2 of this Article; food that is spoiled, rotten, or decayed as stipulated in Point d Clause 2 of this Article;

b) Compel the payment of all costs for handling food poisoning, examining, and treating poisoned individuals for violations stipulated in Point đ Clause 2 of this Article.

Article 21. Violation of provisions on conditions for ensuring food safety in the operation of catering services under the form of pre-prepared meal production; canteens providing meals; collective kitchens; hotel and resort restaurants; restaurants.

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Using kitchens that are not designed and organized according to the one-way principle;

b) Displaying and selling food on unsanitary storage equipment, without tables or racks higher than ground level as prescribed;

c) Not having separate processing, storage, and usage tools for fresh food and processed food;

d) Not having measures to prevent pests and harmful animals;

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Not meeting environmental hygiene conditions, not separated from toilets and other sources of pollution;

b) Using eating utensils made of unsafe materials;

c) Using cleaning and disinfectant chemicals not in accordance with regulations;

d) Dining rooms, dining tables, food preparation tables, warehouses, or food storage areas not meeting safety and hygiene requirements;

đ) Not maintaining records of the implementation of the three-step food inspection regime as guided by the Ministry of Health or having them but not recording all required contents as prescribed;

e) Not having waste collection and storage containers as prescribed or having them but they do not meet hygiene requirements;

g) Not collecting waste daily; drainage in the store or kitchen area is not flowing freely, causing accumulation;

h) Not having toilets or hand-washing facilities;

i) Not keeping food samples or keeping them but not in accordance with regulations.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Using water that does not meet technical standards to process and sell food;

b) Not conducting regular water testing as prescribed;

c) Using ingredients without proof of origin or expiration date, unsafe for food processing;

d) Using food additives without proof of origin or expiration date, not listed in the permitted food additive directory, unsafe for food processing;

đ) Processing food that does not ensure safety;

e) Food poisoning occurring at food production and business premises where pre-prepared meal production, canteens providing meals, collective kitchens, hotel and resort restaurants, restaurants are located.

4. Imposing a fine of VND 10,000,000 to VND 15,000,000 for operating catering services that do not ensure food safety leading to food poisoning.

5. Additional forms of punishment:

Suspend the operation of catering services for one to three months in case of repeat offenses for violations stipulated in Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compel the destruction of food ingredients without proof of origin or expiration date, spoiled, rotten, or decayed as stipulated in Point c Clause 3 of this Article; food additives violating regulations as stipulated in Point d Clause 3 of this Article; food that is spoiled, rotten, or decayed as stipulated in Point đ Clause 3 of this Article;

b) Compel the payment of all costs for handling food poisoning, examining, and treating poisoned individuals for violations stipulated in Clause 4 of this Article.

Article 22. Violations of provisions on conditions for ensuring food safety in street food business operations

1. Warning or imposing a fine from VND 300,000 to VND 500,000 for any of the following acts:

a) Displaying and selling food without tables, shelves, racks, or equipment to ensure food safety;

b) Not having sunshade, rain protection, dust protection, insect and pest prevention devices;

c) Using display areas that are not isolated from sources of toxicity and pollution;

d) Not having food storage equipment as prescribed;

đ) Using eating utensils, processing tools, containers, and food storage equipment that do not ensure food safety;

e) Directly touching food with hands.

2. Fine from VND 500,000 to VND 1,000,000 for one of the following acts:

a) Using water that does not meet technical standards to process and sell food;

b) Using raw materials for food processing without origin or source; past their expiration date, or not ensuring food safety;

c) Using food additives without origin or source; past their expiration date, not listed in the permitted food additive catalog, or not ensuring food safety;

d) Using packaging containers that do not ensure food safety;

đ) Operating street food businesses that do not ensure food safety.

3. Imposing a fine from VND 1,000,000 to VND 2,000,000 for operating street food businesses that do not ensure food safety leading to food poisoning.

4. Measures to remedy consequences:

a) Compelling the destruction of food ingredients without origin or source; past their expiration date, spoiled, rotten, or decayed as stipulated in Point b Clause 2 Article 22; food additives as stipulated in Point c Clause 2 Article 22; spoiled, rotten, or decayed food as stipulated in Point đ Clause 2 Article 22;

b) Compelling the payment of all costs for handling food poisoning incidents, medical examinations, and treatments for those suffering from food poisoning as stipulated in Clause 3 Article 22.

Article 23. Violations of provisions on conditions for ensuring food safety for functional foods, genetically modified foods, and irradiated foods

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Producing and trading functional foods that require efficacy test reports but do not have such reports as prescribed;

b) Not complying with regulations on transportation and storage of genetically modified foods and genetically modified organisms used as food.

2. Imposing a fine from VND 30,000,000 to VND 50,000,000 for any of the following acts:

a) Producing and trading food from genetically modified organisms, products of genetically modified organisms listed in the catalog of genetically modified organisms approved for use as food but without the certificate of suitability for use as food as prescribed;

b) Producing and trading food from genetically modified organisms, products of genetically modified organisms not listed in the catalog of genetically modified organisms approved for use as food as prescribed;

c) Producing and trading irradiated food preservation that does not belong to the list of food groups allowed to be irradiated;

d) Producing and trading irradiated food preservation but not complying with the prescribed radiation dose requirements.

3. Measures to remedy consequences:

a) Compelling the recall of violative goods for the acts stipulated in Point a Clause 1 and Point a Clause 2 Article 23;

b) Compelling the recall and destruction of violative goods for the acts stipulated in Points b, c, and d Clause 2 Article 23.

Article 24. Violation of the food safety certificate regulations

1. Sanctions for the violation of food safety certificate regulations in operating food service businesses under the management of commune level shall be imposed at one of the following levels:

a) Warning for using a food safety certificate that has expired for less than one month;

b) A fine of from three hundred thousand dong to five hundred thousand dong for using a food safety certificate that has expired from one month to three months;

c) A fine of from five hundred thousand dong to one million dong for not having a food safety certificate as prescribed or having one but it has been expired for more than three months;

d) A fine of from one million dong to two million dong for altering, erasing, or tampering with the content of a food safety certificate;

đ) A fine of from two million dong to three million dong for using a fake food safety certificate;

2. Sanctions for the violation of food safety certificate regulations in producing, trading, storing food, and operating food service businesses under the management of district level shall be imposed at one of the following levels:

a) Warning for using a food safety certificate that has expired for less than one month;

b) A fine of from one million dong to three million dong for using a food safety certificate that has expired from one month to three months;

c) A fine of from three million dong to five million dong for not having a food safety certificate as prescribed or having one but it has been expired for more than three months;

d) A fine of from five million dong to seven million dong for altering, erasing, or tampering with the content of a food safety certificate;

đ) A fine of from seven million dong to ten million dong for using a fake food safety certificate;

3. Sanctions for the violation of food safety certificate regulations in producing, trading, storing food, and operating food service businesses under the management of provincial level or higher shall be imposed at one of the following levels:

a) Warning for using a food safety certificate that has expired for less than one month;

b) A fine of from four million dong to six million dong for using a food safety certificate that has expired from one month to three months;

c) A fine of from ten million dong to fifteen million dong for not having a food safety certificate as prescribed or having a food safety certificate but it has been expired for more than three months;

d) A fine of from fifteen million dong to twenty million dong for altering, erasing, or tampering with the content of a food safety certificate;

đ) A fine of from twenty million dong to twenty-five million dong for using a fake food safety certificate;

4. Measures to remedy consequences:

Order the destruction of fake certificates for the violations specified in Point đ Clause 1, Point đ Clause 2, and Point đ Clause 3 of this Article.

Section 3
VIOLATION OF OTHER REGULATIONS ON CONDITIONS FOR FOOD SAFETY IN PRODUCTION, TRADING, IMPORTING, AND EXPORTING FOOD

Article 25. Violations concerning food safety conditions for imported and exported foods

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on the act of importing food, food additives, food processing aids, packaging equipment and materials for food that must undergo state inspection for imported food safety but have not received a notification from the competent inspection authority confirming compliance with import requirements for each consignment.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Not conducting food safety inspections on imported and exported foods, food additives, food processing aids, packaging equipment and materials that are required to be inspected according to regulations;

b) Importing functional foods, nutrient-enriched foods, genetically modified foods, irradiated foods without a free circulation certificate or health certificate as prescribed.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on the act of altering or erasing the content of any of the following documents: free circulation certificates or health certificates or notifications of inspection results confirming compliance with import requirements for each consignment; certificates of origin; quality and safety certificates issued for consignments of exported foods.

4. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on the act of using any of the following fake documents: free circulation certificates or health certificates or notifications of inspection results confirming compliance with import requirements for each consignment; certificates of origin; quality and safety certificates issued for consignments of exported foods.

5. Measures to remedy consequences:

a) Order the recall of imported foods, food additives, food processing aids, packaging equipment and materials that have undergone state inspection for imported food safety but have not received a notification from the competent inspection authority confirming compliance with import requirements for each consignment as stipulated in Clause 1 of this Article; imported foods, food additives, food processing aids, packaging equipment and materials that have not undergone state inspection for imported food safety as stipulated in Point a of Clause 2 of this Article;

b) Order the re-exportation, destruction, or change of purpose of use of imported goods that violate regulations as stipulated in Point b of Clause 2 of this Article;

c) Order the destruction of fake documents as stipulated in Clause 4 of this Article.

Article 26. Other violations concerning food safety in production, business, and import of foods

1. Imposing penalties on the act of trading processed ready-to-eat foods, food raw materials, food additives, food processing aids, packaging equipment and materials that must undergo declaration of conformity or declaration of compliance with food safety regulations without a receipt of declaration of conformity or confirmation of compliance with food safety regulations, or if such documents exist but have expired before the goods were produced or imported; selling wholesale or retail foods, food raw materials, food additives, food processing aids, packaging equipment and materials circulating in the market that do not comply with technical standards or food safety regulations according to the following levels:

a) Warning or a fine of VND 100,000 to VND 200,000 for cases where the value of the violating consignment does not exceed VND 5,000,000;

b) A fine of VND 300,000 to VND 500,000 for cases where the value of the violating consignment ranges from VND 5,000,000 to VND 10,000,000;

c) A fine of VND 1,000,000 to VND 2,000,000 for cases where the value of the violating consignment ranges from VND 10,000,000 to VND 20,000,000;

d) A fine of VND 3,000,000 to VND 6,000,000 for cases where the value of the violating consignment ranges from VND 20,000,000 to VND 40,000,000;

đ) A fine of VND 7,500,000 to VND 15,000,000 for cases where the value of the violating consignment ranges from VND 40,000,000 to VND 80,000,000;

e) A fine of VND 20,000,000 to VND 30,000,000 for cases where the value of the violating consignment ranges from VND 80,000,000 to VND 200,000,000;

g) A fine of VND 40,000,000 to VND 50,000,000 for cases where the value of the violating consignment exceeds VND 200,000,000.

2. Imposing a fine on the act of producing, importing, and selling on the market foods, food raw materials, food additives, food processing aids, packaging equipment and materials that do not comply with technical standards or food safety regulations according to the following levels:

a) A fine of VND 500,000 to VND 1,000,000 for cases where the value of the violating consignment does not exceed VND 5,000,000;

b) A fine of VND 1,000,000 to VND 2,500,000 for cases where the value of the violating consignment ranges from VND 5,000,000 to VND 10,000,000;

c) A fine of VND 2,500,000 to VND 5,000,000 for cases where the value of the violating consignment ranges from VND 10,000,000 to VND 20,000,000;

d) A fine of VND 5,000,000 to VND 10,000,000 for cases where the value of the violating consignment ranges from VND 20,000,000 to VND 40,000,000;

đ) A fine of VND 10,000,000 to VND 20,000,000 for cases where the value of the violating consignment ranges from VND 40,000,000 to VND 80,000,000;

e) A fine of VND 20,000,000 to VND 40,000,000 for cases where the value of the violating consignment ranges from VND 80,000,000 to VND 160,000,000;

g) A fine of VND 40,000,000 to VND 80,000,000 for cases where the value of the violating consignment ranges from VND 160,000,000 to VND 320,000,000;

h) A fine of VND 80,000,000 to VND 100,000,000 for cases where the value of the violating consignment exceeds VND 320,000,000.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on any of the following acts:

a) Producing or importing food, food ingredients, food additives, food processing aids, food packaging tools, and materials that are required to be declared as compliant with regulations or as conforming to food safety standards without a declaration acceptance certificate for compliance or a confirmation certificate for conformity to food safety regulations, or having such certificates but they have expired;

b) Failing to maintain regular quality control and product testing as prescribed;

c) Failing to promptly implement measures to prevent or mitigate when discovering that their products circulating in the market or already put into use do not comply with declarations of compliance or conformity to food safety regulations or do not meet technical standards or food safety regulations;

4. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed on the act of producing, importing, or selling food, food additives, food processing aids containing toxic substances or contaminated with toxic substances, except for the acts stipulated in Clauses 1, 2, and 3 of this Article;

5. A fine shall be imposed on the violation of the provisions regarding the use of declarations of compliance or conformity to food safety regulations for food, food additives, food processing aids, food packaging tools, and materials that are required to be registered for declarations of compliance or conformity to food safety regulations according to one of the following levels:

a) A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on the act of altering or erasing information in the detailed product information document in the registration dossier for declarations of compliance or conformity to food safety regulations that has been confirmed by the competent state agency;

b) A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed on the act of using false detailed product information documents in the registration dossier for declarations of compliance or conformity to food safety regulations that has been confirmed by the competent state agency;

c) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of altering or erasing information in the declaration acceptance certificate for declarations of compliance or confirmation certificate for conformity to food safety regulations;

d) A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on the act of using false declaration acceptance certificates for declarations of compliance or confirmation certificates for conformity to food safety regulations;

6. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Failing to retain the declaration of compliance dossier, declaration acceptance certificate for declarations of compliance, or the conformity to food safety regulations dossier, confirmation certificate for conformity to food safety regulations;

b) Failing to provide copies of declaration acceptance certificates for declarations of compliance or confirmation certificates for conformity to food safety regulations to individuals or organizations selling food products, food ingredients, food additives, food processing aids, food packaging tools, and materials;

7. A fine equal to 3.5 times the total value of the violating goods shall be imposed on the act stipulated in Clause 4 of this Article if the highest fine level within the fine range prescribed in Clause 4 of this Article is lower than 3.5 times the total value of the violating goods at the time of the violation;

8. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of operating during the period requested for suspension of inspection or supervision due to cessation or temporary cessation of food production, business, or import activities;

9. Additional forms of punishment:

Suspension of operation for three to six months shall be imposed on the act stipulated in Clause 4 of this Article;

10. Measures to address consequences:

a) Compelling the recall of violating goods circulating in the market for conversion to other uses or recycling for the act stipulated in Clause 2 of this Article; in case recycling cannot be carried out, compulsory destruction shall be imposed;

b) Compelling the re-exportation or destruction of imported goods for the act stipulated in Clause 2 of this Article;

c) Compelling the recall of violating goods for the act stipulated in Point c of Clause 3 of this Article;

d) Compelling the recall for destruction of violating goods for the act stipulated in Clause 4 of this Article;

đ) Compelling the destruction of false documents for the acts stipulated in Point b and Point d of Clause 5 of this Article;

Section 4
VIOLATIONS OF PROVISIONS ON FOOD SAFETY INFORMATION, EDUCATION, AND COMMUNICATION; FOOD TESTING; RISK ANALYSIS; PREVENTION, CONTROL, AND REMEDIAL ACTIONS FOR FOOD SAFETY INCIDENTS; TRACEABILITY FOR NON-SAFE FOODS

Article 27. Violation of provisions on food safety information, education, and communication

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on any of the following acts:

a) Failure to provide food safety information as required by competent state authorities;

b) Provision of inaccurate or false food safety information.

2. A fine of from five million dong to ten million dong shall be imposed for issuing materials, publications containing inaccurate or false food safety information, education, and communication.

3. Measures to remedy consequences:

The violative materials and publications must be recalled for destruction in accordance with the violation stipulated in Clause 2 of this Article.

Article 28. Violation of provisions on food testing

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Providing false information about the testing capacity or recognized scope of testing services for state management of food safety by the testing laboratory;

b) Failure to conduct testing or report as prescribed.

2. A fine of from five million dong to ten million dong shall be imposed for providing false testing results.

||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:

a) Substitution or forgery of food samples used for testing for state management purposes;

b) Failure to conduct testing but still providing certificates of analytical results or test result reports;

c) Altering, erasing to distort the contents of certificates of analytical results, test result reports, or other documents related to food testing;

d) Using counterfeit certificates of analytical results or test result reports;

đ) Intentionally falsifying test results.

4. Measures to remedy consequences:

a) Forced correction of false information for the violation stipulated in Point a, Clause 1 of this Article;

b) Forced cancellation of test results for the violations stipulated at Points a, b, and đ, Clause 3 of this Article;

c) Forced destruction of counterfeit documents for the violation stipulated in Point d, Clause 3 of this Article.

Article 29. Violation of provisions on prevention, control, and remediation of food safety incidents and implementation of measures to limit food safety risks

1. A fine of from one million dong to three million dong shall be imposed for failure to notify competent state authorities upon discovery of a food safety incident.

2. A fine of from three million dong to five million dong shall be imposed for failure to implement or fully implement preventive and control measures for food safety incidents as required by competent state authorities.

3. A fine of from five million dong to ten million dong shall be imposed for failure to implement or fully implement measures to limit food safety risks as required by competent state authorities.

Article 30. Violation of traceability provisions for unsafe food

1. A fine of from three million dong to five million dong shall be imposed for failure to retain or retain insufficient records regarding the origin, source of raw materials, food additives, processing aids, packaging materials, and direct contact food utensils, and other documents about the production and distribution process of food.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Failure to announce batches of unsafe products;

b) Failure to report the quantity of unsafe products in stock, actual inventory, and those circulating in the market; recall plans and handling measures.

3. A fine of from ten million dong to twenty million dong shall be imposed for failing to carry out recalls and handling according to the requirements of competent state authorities for unsafe food.

4. A fine of from twenty million dong to thirty million dong shall be imposed for failure to carry out recalls and necessary handling measures as required by competent state authorities for unsafe food.

Chapter III
AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND IMPOSE ADMINISTRATIVE SANCTIONS FOR VIOLATIONS OF FOOD SAFETY PROVISIONS

Article 31. Competence to draw up administrative violation records

Those with the competence to draw up administrative violation records concerning food safety include:

1. The positions with the competence to impose penalties as stipulated in Articles 32, 33, 34, 35, and 36, Clause 1, Article 37 of this Decree.

2. Civil servants and officials from the health, agriculture and rural development, and industry and trade sectors who are performing their duties and have the competence to draw up administrative violation records for violations within the scope of their duties. Such records must be transferred to those with the competence to impose penalties for enforcement according to regulations.

Article 32. Competence to impose penalties of the Chairman of the People's Committee

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) Confiscate objects and means of administrative violations with a value not exceeding the amount of fine prescribed in Point b of this Clause;

d) Apply measures to remedy consequences prescribed in Point đ of Clause 1, Article 28 of the Law on Handling Administrative Violations;

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Suspend the right to use certificates of food safety conditions for a limited period or suspend operations for a limited period;

d) Confiscate objects and means used for administrative violations with a value not exceeding the amount of fine prescribed in Point b of this Clause;

đ) Apply measures to remedy consequences prescribed in Points đ, e, and h of Clause 1, Article 28 of the Law on Handling Administrative Violations and measures to remedy consequences prescribed in Points a, b, c, d, and đ of Clause 3, Article 3 of this Decree;

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

b) Impose fines up to the maximum level prescribed in this Decree;

c) Suspend the right to use certificates of food safety conditions for a limited period or suspend operations for a limited period;

d) Confiscate objects and means used to commit administrative violations;

đ) Apply measures to remedy consequences prescribed in Clause 3, Article 3 of this Decree.

Article 33. Competence to impose penalties of the Inspectorate

1. Inspectors, persons assigned to perform specialized inspection tasks related to food safety and other areas related to food safety in the health, agriculture and rural development, and industry and trade sectors who are performing their duties have the authority:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Confiscate objects and means used for administrative violations with a value not exceeding the amount of fine prescribed in Point b of this Clause;

d) Apply measures to remedy consequences prescribed in Point đ of Clause 1, Article 28 of the Law on Handling Administrative Violations;

2. Heads of Health Departments, Agriculture and Rural Development Departments, Industry and Trade Departments; Heads of agencies assigned to perform specialized inspection functions related to food safety and other areas related to food safety in Health Departments, Agriculture and Rural Development Departments, Industry and Trade Departments; Chiefs of specialized inspection teams at provincial level; Chiefs of specialized inspection teams of agencies assigned to perform specialized inspection functions related to food safety and other areas related to food safety in the health, agriculture and rural development, and industry and trade sectors have the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Suspend the right to use certificates of food safety conditions for a limited period or suspend operations for a limited period;

d) Confiscate objects and means used for administrative violations with a value not exceeding the amount of fine prescribed in Point b of this Clause;

đ) Apply measures to remedy consequences prescribed in Clause 3, Article 3 of this Decree.

3. Chiefs of specialized inspection teams at the ministry level in the Ministries of Health, Agriculture and Rural Development, and Industry and Trade have the authority:

a) To issue warnings;

b) To impose fines up to VND 70,000,000;

c) Suspend the right to use certificates of food safety conditions for a limited period or suspend operations for a limited period;

d) Confiscate objects and means used for administrative violations with a value not exceeding the amount of fine prescribed in Point b of this Clause;

đ) Apply measures to remedy consequences prescribed in Clause 3, Article 3 of this Decree.

4. Heads of the Inspectorates of the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade; Heads of agencies assigned to perform specialized inspection functions related to food safety and other areas related to food safety in the Ministries of Health, Agriculture and Rural Development, and Industry and Trade have the authority:

a) To issue warnings;

b) Impose fines up to the maximum level prescribed in this Decree;

c) Suspend the right to use certificates of food safety conditions for a limited period or suspend operations for a limited period;

d) Confiscate objects and means used to commit administrative violations;

đ) Apply measures to remedy consequences prescribed in Clause 3, Article 3 of this Decree.

Article 34. Competence to impose penalties of the People's Public Security

1. Public security officers performing their duties have the authority to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND.

2. Station chiefs, team leaders of those specified in Clause 1 of this Article have the authority:

a) To issue warnings;

b) Impose a fine up to 1,500,000 VND.

3. Chiefs of public security stations at commune level, chiefs of public security posts, and chiefs of public security checkpoints at border gates and export processing zones have the authority to:

a) To issue warnings;

b) Impose fines up to 2,500,000 VND;

c) Confiscate objects and means of administrative violations with a value not exceeding the amount of fine prescribed in Point b of this Clause;

d) Apply measures to remedy consequences prescribed in Point đ of Clause 1, Article 28 of the Law on Handling Administrative Violations.

4. Chiefs of public security at the district level; Chiefs of departments under the Highway Traffic Police Corps, Railway Traffic Police Corps, Waterway Traffic Police Corps; Chiefs of departments under the provincial public security including Chiefs of departments investigating economic and official crime, traffic police departments for highways and railways, waterway traffic police departments, environmental crime prevention police departments have the authority:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) Suspend the right to use certificates of food safety conditions for a limited period or suspend operations for a limited period;

d) Confiscate objects and means used for administrative violations with a value not exceeding the amount of fine prescribed in Point b of this Clause;

đ) Apply measures to remedy consequences prescribed in Point đ of Clause 1, Article 28 of the Law on Handling Administrative Violations and measures to remedy consequences prescribed in Points a, b, c, d, and đ of Clause 3, Article 3 of this Decree.

5. The Director of the Provincial Police Department has the authority to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Suspend the right to use certificates of food safety conditions for a limited period or suspend operations for a limited period;

d) Confiscate objects and means used for administrative violations with a value not exceeding the amount of fine prescribed in Point b of this Clause;

đ) Apply measures to remedy consequences prescribed in Point đ of Clause 1, Article 28 of the Law on Handling Administrative Violations and measures to remedy consequences prescribed in Points a, b, c, d, and đ of Clause 3, Article 3 of this Decree.

6. Chiefs of the Economic Crime Investigation Corps, Highway Traffic Police Corps, Railway Traffic Police Corps, Waterway Traffic Police Corps, Environmental Crime Prevention Corps have the authority:

a) To issue warnings;

b) Impose fines up to the maximum level prescribed in this Decree;

c) Suspend the right to use certificates of food safety conditions for a limited period or suspend operations for a limited period;

d) Confiscate objects and means used to commit administrative violations;

đ) Apply measures to remedy consequences prescribed in Point đ of Clause 1, Article 28 of the Law on Handling Administrative Violations and measures to remedy consequences prescribed in Points a, b, c, d, and đ of Clause 3, Article 3 of this Decree.

Article 35. Competence to impose penalties of the Border Guard Force

1. Border Guard soldiers performing official duties have the right:

a) To issue warnings;

b) Impose a fine up to 500,000 VND.

2. Station chiefs, team leaders of those specified in Clause 1 of this Article have the authority:

a) To issue warnings;

b) Impose a fine up to 2,500,000 VND.

3. The Head of a Border Guard Post, the Commander of a Border Guard Squadron, the Commander of a Border Guard District, and the Commander of a Border Gate Port Border Guard shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) Confiscate objects and means of administrative violations with a value not exceeding the amount of fine prescribed in Point b of this Clause;

d) To apply remedial measures prescribed in Point đ Clause 1 Article 28 of the Law on Handling Administrative Offenses and other remedial measures prescribed in Points a, b, c, d and đ Clause 3 Article 3 of this Decree.

4. The Commander of the Border Guard Force at provincial level and the Commander of the Coastal Guard Squadron under the Border Guard Command have the right:

a) To issue warnings;

b) Impose fines up to the maximum level prescribed in this Decree;

c) Suspend the right to use certificates of food safety conditions for a limited period or suspend operations for a limited period;

d) Confiscate objects and means used to commit administrative violations;

đ) To apply remedial measures prescribed in Point đ Clause 1 Article 28 of the Law on Handling Administrative Offenses and other remedial measures prescribed in Points a, b, c, d and đ Clause 3 Article 3 of this Decree.

Article 36. Competence to impose penalties of the Coast Guard

1. Coast Guard officers performing their duties have the right to:

a) To issue warnings;

b) Impose a fine up to 1,500,000 VND.

2. The head of the Coast Guard business affairs team have the right to:

a) To issue warnings;

b) Impose a fine up to 5,000,000 VND.

3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) To apply remedial measures prescribed in Point đ Clause 1 Article 28 of the Law on Handling Administrative Offenses.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) Confiscate objects and means used for administrative violations with a value not exceeding the amount of fine prescribed in Point b of this Clause;

d) To apply remedial measures prescribed in Points d and đ Clause 1 Article 28 of the Law on Handling Administrative Offenses and other remedial measures prescribed in Points a, b, c, d and đ Clause 3 Article 3 of this Decree.

5. Chiefs of coast guard fleets have the authority to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscate objects and means used for administrative violations with a value not exceeding the amount of fine prescribed in Point b of this Clause;

d) To apply remedial measures prescribed in Points d and đ Clause 1 Article 28 of the Law on Handling Administrative Offenses and other remedial measures prescribed in Points a, b, c, d and đ Clause 3 Article 3 of this Decree.

6. Commanders of Coast Guard Zones have the right:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Confiscate objects and means used for administrative violations with a value not exceeding the amount of fine prescribed in Point b of this Clause;

d) To apply remedial measures prescribed in Points d and đ Clause 1 Article 28 of the Law on Handling Administrative Offenses and other remedial measures prescribed in Points a, b, c, d and đ Clause 3 Article 3 of this Decree.

7. Directors of the Coast Guard Department have the right:

a) To issue warnings;

b) Impose fines up to the maximum level prescribed in this Decree;

c) Suspend the right to use certificates of food safety conditions for a limited period or suspend operations for a limited period;

d) Confiscate objects and means used to commit administrative violations;

đ) To apply remedial measures prescribed in Points d and đ Clause 1 Article 28 of the Law on Handling Administrative Offenses and other remedial measures prescribed in Points a, b, c, d and đ Clause 3 Article 3 of this Decree.

Article 37. Competence to impose penalties of other agencies and division of competence to impose penalties for food safety

1. Persons authorized to impose administrative penalties of the agencies: Market Management, Public Security (except the positions specified in Clause 4 of this Article), specialized inspection agencies, Customs, Border Guard Force, Coast Guard and other agencies authorized to impose administrative penalties according to the Law on Handling Administrative Offenses have the authority to impose administrative penalties and apply remedial measures against violations stipulated in this Decree within their assigned areas and functions.

2. Chairpersons of People's Committees at all levels have the authority to impose administrative penalties and apply remedial measures against violations stipulated in this Decree within their jurisdictional areas.

3. Specialized Inspectors: Health, Agriculture and Rural Development, Industry and Trade have the authority to impose administrative penalties and apply remedial measures against violations stipulated in this Decree within their management scope and assigned tasks.

4. Police officers belonging to the Police at commune, district, provincial levels, police stations, border gate police stations, export processing zones; Chiefs of Commune Police Stations, Chiefs of Police Stations, Chiefs of Border Gate Police Stations, export processing zones, Chiefs of District Police, Directors of Provincial Police have the authority to impose administrative penalties and apply remedial measures against violations stipulated in this Decree within their jurisdictional areas.

Chapter IV
IMPLEMENTING PROVISIONS

Article 38. Effective Date

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

2. Decree No. 91/2012/NĐ-CP dated November 8, 2012 of the Government prescribing administrative penalties for food safety violations ceases to be effective from the date this Decree takes effect.

Article 39. Transitional Provisions

For administrative offenses concerning food safety occurring before the date this Decree takes effect but discovered or being examined and resolved thereafter, provisions that are more favorable to the violators shall be applied.

Article 40. Responsibilities for guidance and implementation

1. The Minister of Health shall be responsible for guiding, organizing, and supervising the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees at all levels, and related agencies, organizations, and individuals shall be responsible for implementing this Decree./.