Decree 115/2018/NĐ-CP – penalties for food safety violations

Pursuant to the Law on Government Organization dated June 19, 2015;

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

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

According to the proposal of the Minister of Health;

The Government promulgates a Decree on administrative sanctions for food safety violations.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree stipulates administrative violation acts, forms of penalties and penalty levels, remedial measures for consequences, authority to record administrative violation minutes, and authority to handle administrative sanctions on food safety.

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

a) Violation of regulations on conditions to ensure the safety of food products;

b) Violation of regulations on conditions to ensure food safety in the production, business, and supply of food;

c) Violation of regulations on conditions to ensure food safety for imported and exported food and violation of other regulations on conditions to ensure food safety in the production, business, and supply of food;

d) Violation of regulations on advertising, information, education, communication about food safety; food testing; risk analysis, prevention, interception, and remediation of food safety incidents; traceability, recall, and handling of unsafe food.

3. Other administrative violations in the field related to food safety that are not prescribed in this Decree shall be subject to the provisions of other Government decrees on administrative sanctions in the relevant state management sectors for handling violations.

Article 2. Forms of penalty, measures to remedy consequences

1. For each administrative violation regarding food safety, the violating individual or organization shall be subject to the principal form of penalty, which is a monetary fine.

2. Depending on the nature and severity of the violation, the individual or organization committing an administrative violation regarding food safety may also be subject to one or more of the following additional forms of penalty:

a) Revocation of the right to use the Certificate of Eligibility for Food Safety from 01 month to 06 months, or the Receipt of Product Announcement Registration from 01 month to 24 months;

b) Suspension of activities for a period from 01 month to 12 months shall be carried out in accordance with the provisions of Clause 2, Article 25 of the Law on Handling Administrative Violations;

c) Confiscate the evidence and means of administrative violations in the field of food safety.

Supplementary provisions

3. In addition to the main form of penalty and the supplementary form of penalty, organizations and individuals committing administrative violations may also be subject to one or more of the following remedial measures:

a) Forced to re-export food, food additives, food processing aids, tools, materials for packaging, containers that come into direct contact with food;

b) Mandatory destruction of food, food additives, food processing aids, utensils, packaging materials in direct contact with food, raw materials, substances, chemicals, antibiotics, veterinary drugs, pesticides; documents, information publications, educational media on food safety containing violations; evidence of violations; consignments of seafood that do not ensure food safety;

c) Mandatory correction of false or misleading information;

d) Mandatory recall of food, food additives, food processing aids, utensils, packaging materials in direct contact with food that violate regulations; documents, published publications;

đ) Mandatory change of use or recycling of food, food additives, food processing aids, utensils, packaging materials in direct contact with food that violate regulations;

e) Mandatory withdrawal of product self-declaration forms;

g) Compel the removal, dismantling, or deletion of violating advertisements;

h) Compel to bear all costs for handling food poisoning, examining, and treating people who suffer from food poisoning;

i) Compel the cessation of the use of transportation means;

k) Compel the cancellation of test results, Notification of results confirming food meets import requirements;

Supplementary provisions

l) Compel the repayment of an amount equivalent to the value of the violating items in case the violating items no longer exist.

Article 3. Regulations on the maximum monetary fines, organizations subject to administrative penalties

Amended and supplemented provisions:

1. The maximum monetary fine for an administrative violation in food safety is 100,000,000 VND for individuals and 200,000,000 VND for organizations, except for the cases stipulated in Clause 5 Article 4; Clause 6 Article 5; Clause 5 Article 6; Clause 7 Article 11; Clauses 1 and 9 Article 22; Clause 6 Article 26 of this Decree.

Amended and supplemented provisions:

2. The financial penalties prescribed in Chapter II of this Decree are the penalties for individuals, except for the provisions in Clause 5, Article 4; Clause 6, Article 5; Clause 5, Article 6; Clause 7, Article 11; Article 18; Article 19; Clauses 1 and 9, Article 22; Article 24; Clause 6, Article 26 of this Decree, which are the penalties for organizations. For the same administrative violation, the financial penalty for organizations is twice the financial penalty for individuals.

3. Organizations specified in Clauses 1 and 2 of this Article include:

a) Economic organizations established under the Law on Enterprises, including: private enterprises, joint-stock companies, limited liability companies, partnerships, and dependent units of enterprises (branches, representative offices);

b) Economic organizations established under the Law on Cooperatives, including: cooperatives, cooperative unions;

c) Economic organizations established under the provisions of the Investment Law include: domestic investors, foreign investors, and economic organizations with foreign-invested capital;

d) Representative offices, branches of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

d) Social organizations, socio-political organizations, professional social organizations;

e) Public service units and other organizations as prescribed by law.

4. Individuals specified in Clauses 1 and 2 of this Article are subjects not covered by the provisions of Clause 3 of this Article.

Chapter II. ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTY, PENALTY LEVELS, AND MEASURES TO REMEDY CONSEQUENCES

Section 1. VIOLATIONS OF REGULATIONS ON SAFETY CONDITIONS FOR FOOD PRODUCTS

Article 4. Violations of regulations on the use of raw materials for food production, processing, and supply

1. A fine of 01 to 02 times the value of the product in violation shall be imposed for any of the following acts:

a) Using raw materials that have expired or do not have an expiration date for raw materials required to have an expiration date;

b) Using raw materials of unknown origin;

c) Using animal or plant products to produce or process food without veterinary hygiene inspection or plant quarantine as prescribed by law.

2. A fine of 20,000,000 VND to 40,000,000 VND shall be imposed for using animal or plant products to produce or process food that have food safety indicators not in compliance with the corresponding technical standards or not in accordance with legal regulations, or have been inspected for veterinary hygiene or plant quarantine but do not meet requirements.

3. Fines from 40,000,000 VND to 50,000,000 VND for using animals that died from disease, epidemic, or animals that were destroyed according to the law to process food or supply, sell food derived from animals that died from disease, epidemic, or animals that were destroyed when the product is worth less than 10,000,000 VND.

4. Fines from 80,000,000 VND to 100,000,000 VND for one of the following acts:

a) Using materials that are products from animals, plants, substances, or chemicals not intended for food to produce or process food;

b) Using animals that have died from disease or epidemics, or animals that have been destroyed in accordance with the law, to produce food or supply, sell food derived from animals that have died from disease or epidemics, or animals that have been destroyed, where the product value is 10,000,000 VND or more but has not reached the level of criminal liability.

5. A fine from 5 to 7 times the value of the violating products for the acts prescribed in Clause 4 of this Article in cases where applying the highest penalty within the corresponding penalty framework is still less than 7 times the value of the violating products and has not reached the level of criminal liability.

6. Forms of supplementary penalties:

a) Suspension of part or all of food production and processing activities from 01 month to 03 months for violations stipulated in Clauses 3 and 4 of this Article;

b) Suspend part or all of the food production and processing activities from 10 months to 12 months for violations of the provisions in Clause 5 of this Article;

c) Revocation of the right to use the Product Registration Certificate for a period of 20 to 24 months for products subject to product declaration registration that violate the provisions in Clauses 4 and 5 of this Article.

7. Measures to remedy the consequences:

a) Being required to destroy raw materials and foodstuffs that violate the regulations in this Article;

b) Being required to withdraw the self-declaration of the product for products subject to self-declaration that violate the regulations in Clauses 4 and 5 of this Article.

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

1. A fine of VND 10,000,000 to VND 20,000,000 for using food additives or food processing aids that are on the list allowed for use by regulations but are past their expiration date or have no expiration date.

2. A fine of VND 20,000,000 to VND 30,000,000 for one of the following acts:

a) Using food additives or food processing aids that do not meet the corresponding technical standards or food safety regulations, except for violations specified in point a, clause 5 of this Article;

b) Using food additives or food processing aids that are on the list allowed for use by regulations but not for the correct type of food;

c) Using food additives or food processing aids that are on the list allowed for use by regulations but exceeding the maximum allowed usage level.

3. A fine of 30,000,000 VND to 40,000,000 VND for the act of using food additives or food processing aids of unclear origin or source.

4. A fine of 40,000,000 VND to 50,000,000 VND for the act of using food additives or food processing aids that are prohibited or not on the list of allowed substances in food production and processing, where the product is valued under 10,000,000 VND.

5. A fine of 80,000,000 VND to 100,000,000 VND for one of the following acts:

a) Using food additives or food processing aids that contain or are contaminated with any heavy metals or toxic substances exceeding the permissible limits;

b) Using food additives or food processing aids that are prohibited or not on the list of allowed substances in food production and processing, where the product is valued at 10,000,000 VND or more but not reaching the level for criminal liability.

6. A fine from 5 times to 7 times the value of the violating product for acts as prescribed in Clause 5 of this Article in cases where applying the maximum fine within the corresponding fine framework is still less than 7 times the value of the violating product and has not reached the level for criminal prosecution.

7. Forms of additional penalties:

a) Suspension of part or all of food production and processing activities from 01 month to 03 months for violations of the provisions in Clause 4 of this Article;

b) Suspension of part or all of food production and processing activities from 03 months to 05 months for violations of the provisions in Clause 5 of this Article;

c) Suspension of part or all of food production and processing activities from 10 months to 12 months for violations of the provisions in Clause 6 of this Article;

d) Revocation of the Certificate of Product Registration for a period of 20 to 24 months for products subject to product declaration registration that violate the provisions in Clauses 5 and 6 of this Article.

8. Measures to remedy consequences:

a) Forced destruction of food, food additives, food processing aids that violate the provisions of this Article;

b) Mandatory recall of the self-declaration of products for products subject to self-declaration that violate the provisions in Clauses 5 and 6 of this Article.

Article 6. Violations of regulations on the use of substances, chemicals, antibiotics, veterinary drugs, plant protection drugs in food production and processing

1. Fines from 10,000,000 VND to 20,000,000 VND for acts of using substances or chemicals beyond their expiration date or without an expiration date.

2. A fine of from 30,000,000 VND to 40,000,000 VND for acts of using substances or chemicals beyond the allowed limits or not meeting the corresponding technical standards and food safety regulations.

3. A fine of from 40,000,000 VND to 50,000,000 VND for one of the following acts:

a) Using substances, chemicals, antibiotics, veterinary drugs, or plant protection products that are prohibited or not listed for allowed use in food production and processing, where the product is worth less than 10,000,000 VND;

b) Using substances, chemicals, antibiotics, veterinary drugs, or plant protection products that have not been permitted for use or circulation in Vietnam in food production, where the product is worth less than 50,000,000 VND.

4. Fines from 80,000,000 VND to 100,000,000 VND for one of the following acts:

a) Using substances, chemicals, antibiotics, veterinary drugs, or plant protection products that are banned or not listed for permitted use in food production and processing, where the product is worth 10,000,000 VND or more, but not yet at the level of criminal liability;

b) Using substances, chemicals, antibiotics, veterinary drugs, or plant protection products that are not yet permitted for use or circulation in Vietnam in food production, where the product is worth 50,000,000 VND or more, but not yet at the level of criminal liability.

5. A fine from 5 to 7 times the value of the violating products for the acts prescribed in Clause 4 of this Article in cases where applying the highest penalty within the corresponding penalty framework is still less than 7 times the value of the violating products and has not reached the level of criminal liability.

6. Forms of supplementary penalties:

a) Suspense of part or all of the food production and processing activities from 01 month to 03 months for violations specified in Clause 3 of this Article;

b) Suspense of part or all of the food production and processing activities from 03 months to 05 months for violations specified in Clause 4 of this Article;

c) Suspend part or all of the food production and processing activities from 10 months to 12 months for violations of the provisions in Clause 5 of this Article;

d) Revoke the right to use the Product Announcement Registration Receipt for a period of 20 to 24 months for products that fall under the product announcement registration category that violate the provisions in Clauses 4 and 5 of this Article.

7. Measures to remedy the consequences:

a) Mandatory destruction of food, substances, chemicals, antibiotics, veterinary drugs, and plant protection drugs that violate the provisions of this Article;

b) Being required to withdraw the self-declaration of the product for products subject to self-declaration that violate the regulations in Clauses 4 and 5 of this Article.

Article 7. Violation of regulations on fortifying micronutrients into food

1. A fine of VND 5,000,000 to VND 10,000,000 for failure to fortify micronutrients such as vitamins, minerals, and trace elements listed in the mandatory micronutrient fortification list into food according to legal regulations.

2. Remedy measures: Compulsory change of use or recycling of food; or mandatory destruction of food for violations of the provisions in Clause 1 of this Article.

Article 8. Violations of regulations on the use of tools, packaging materials, and containers that come into direct contact with food in food production and business

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

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of using tools, packaging materials, or containers that come into direct contact with food containing harmful substances or contaminated with harmful substances for food production and business.

3. Additional form of penalty: Suspension of part or all food production and processing activities from 01 month to 03 months for violations under this Article.

4. Measures to remedy consequences: Compel a change in the intended use or recycling; or compel the destruction of tools, packaging materials, containers that come into direct contact with food for violations of the provisions of this Article.

Section 2. VIOLATIONS OF REGULATIONS ON CONDITIONS ENSURING FOOD SAFETY IN FOOD PRODUCTION, BUSINESS, AND SUPPLY

Article 9. Violations of regulations on general conditions ensuring food safety in the production, business, storage of food, food additives, food processing aids, tools, packaging materials, containers that come into direct contact with food

Amended and supplemented provisions:

1. A fine of from 1,000,000 VND to 3,000,000 VND for the act of using a person who directly contacts food without wearing a hat, wearing a mask; not cutting nails short; wearing watches, bracelets, bangles; eating, drinking, smoking, or spitting in the area of food production, food additives, food processing aids, tools, packaging materials, containers directly in contact with food.

2. A fine of from 3,000,000 VND to 5,000,000 VND for one of the following acts:

Provisions repealed

a) Wastewater drainage ditches are stagnant; not covered;

Amended and supplemented provisions:

b) Solid waste collection equipment without a lid;

Supplementary provisions

c) Not having boots or shoes/slippers used exclusively in the area of food production, food additives, food processing aids, tools, packaging materials, containers directly in contact with food.

3. A fine of from 5,000,000 VND to 7,000,000 VND for one of the following acts:

a) The food production process does not follow a one-way principle from the input materials to the final product;

b) Areas for production, storage of food, food ingredients, food additives, food processing aids, tools, packaging materials, containers that come into direct contact with food have insects or pests infiltrating;

c) Storage areas, warehouses that do not have or have incomplete racks, shelves, nameplates, regulations, procedures, hygiene regimes;

d) Failing to perform or inadequately performing the monitoring of temperature, humidity, and other conditions for ingredients and products that require special storage in storage areas or warehouses;

Amended and supplemented provisions:

đ) Using personnel directly involved in the production or business of food, food additives, food processing aids, tools, packaging materials, containers that come into direct contact with food who do not meet the knowledge requirements on food safety as stipulated by law;

e) Not arranging separately according to the provisions of the law regarding the storage of raw materials, finished products, preliminary processing, processing, packaging, toilets, hand washing, protective clothing changing, and related auxiliary areas;

g) The area for bottling natural mineral water and bottled drinking water is not enclosed; not separated from other areas; not equipped with an air sterilization system.

4. Fines from 7,000,000 VND to 10,000,000 VND for one of the following acts:

a) Not having or not fully having specialized equipment to control temperature, humidity, ventilation, and other factors affecting food safety for each type of product;

b) Not classifying and separately storing waste, raw materials, finished products, or semi-finished products that are damaged or expired from the materials and products used for production and business;

c) Storing raw materials, food additives, food processing aids, and food products in conditions that do not comply with the storage conditions stated on the product label or are not suitable according to the storage conditions announced by the organization or individual responsible for the product;

d) Failing to collect and treat waste and garbage within the production facility as required by law;

d) Using cleaning and disinfecting chemicals inappropriately for hand washing, personal hygiene, and cleaning of equipment and utensils;

e) Using rodenticides, insecticides, and chemicals for harmful animals in production areas, food storage warehouses, raw materials, food additives, food processing aids, utensils, and packaging materials that come into direct contact with food.

5. A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed for any of the following acts:

a) Production, processing, business, and storage areas are not separated from sources of dust pollution, toxic chemicals, and other harmful factors;

b) Walls, ceilings, and floors of production, business, and storage areas are water-stained, cracked, or moldy;

c) Lack of or insufficient equipment, tools, and facilities for washing and disinfecting in accordance with regulations for handwashing, personal hygiene, and sanitation of equipment and tools;

Amended and supplemented provisions:

d) Owners of food production and business establishments, food additives, food processing aids, utensils, and packaging materials that come into direct contact with food do not meet the knowledge requirements on food safety according to legal regulations;

d) Violating other regulations regarding conditions ensuring food safety according to the law in production, business, storage; equipment, tools; direct production and business personnel, except for acts prescribed in clauses 1, 2, 3 and 4, points a, b, c and d of clause 5, clauses 6 and 7 of this Article.

6. Monetary fines for food production and processing establishments required to establish and apply a Hazard Analysis and Critical Control Points (HACCP) system or other advanced food safety management systems according to the law during food production and business at one of the following levels:

Amended and supplemented provisions:

a) Fines ranging from 7,000,000 VND to 10,000,000 VND for establishments that have established and applied the system but not fully in accordance with regulations or not suitable to the actual production and business activities of the establishment;

b) A fine of 10,000,000 VND to 15,000,000 VND shall be imposed on establishments that have established and applied a management system but whose management system records are not sufficiently reliable, or that fail to take corrective actions when monitoring parameters at critical control points are violated;

c) A fine of 15,000,000 VND to 20,000,000 VND shall be imposed on establishments that do not establish and apply a management system according to HACCP or other advanced food safety management systems.

7. A fine of 15,000,000 VND to 20,000,000 VND shall be imposed for one of the following acts:

Amended and supplemented provisions:

a) Employing persons who are suffering from diseases that by law are prohibited from directly participating in the production or business of food, food additives, food processing aids, tools, packaging materials, or containers that come into direct contact with food;

Amended and supplemented provisions:

b) Using water that does not meet technical standards or does not ensure hygiene according to the provisions of the relevant law for production; for cleaning equipment and tools used in the production of food, food additives, food processing aids, tools, packaging materials, and containers that come into direct contact with food.

8. Forms of additional penalties:

a) Suspension of part or all food production and processing activities from 01 month to 03 months for violations of the provisions in Clause 5 of this Article in cases of repeated violations or recidivism;

b) Suspension of part or all food production and processing activities from 01 month to 03 months for violations of the provisions in Points b and c of Clauses 6 and 7 of this Article.

Article 10. Violations of regulations on conditions ensuring food safety in the transportation of food, food additives, food processing aids, tools, packaging materials, and containers that come into direct contact with food

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

a) Failing to meet the storage conditions according to relevant food safety standards, regulations, or codes during transportation;

Amended and supplemented provisions:

b) Transporting food, food additives, food processing aids, tools, packaging materials, and containers that come into direct contact with food together with other goods that may contaminate food, except for violations specified in point b, clause 3 of this Article.

2. Fines from 5,000,000 VND to 7,000,000 VND for the act of using transportation means that cause contamination to food, food additives, food processing aids, utensils, packaging materials, and containers that come into direct contact with food.

3. Fines from 7,000,000 VND to 10,000,000 VND for the act of using means of transport that have previously carried toxic substances without proper cleaning to transport food, food additives, food processing aids, utensils, packaging materials, and containers that come into direct contact with food.

4. Fines from 10,000,000 VND to 15,000,000 VND for the act of transporting food, food additives, food processing aids, utensils, packaging materials, and containers that come into direct contact with food together with substances or chemicals that are toxic and pose the risk of contaminating food.

5. Remedial measures:

a) Be required to stop using the means of transportation for violations of the provisions in this Article;

b) Be required to change the purpose of use or recycle or be required to destroy food, food additives, food processing aids, utensils, packaging materials, containers that come into direct contact with food in violation of the provisions in Clauses 2, 3, and 4 of this Article.

Article 11. Violations of regulations on conditions ensuring food safety in the production and business of fresh food of aquatic origin

1. A fine ranging from 5,000,000 VND to 7,000,000 VND for acts of preserving, transporting, or exploiting aquatic species originating from facilities prohibited from harvesting or from aquatic farming areas prohibited from harvesting.

2. A fine ranging from 7,000,000 VND to 10,000,000 VND for acts of collecting and processing aquatic species originating from facilities prohibited from harvesting or from aquatic farming areas prohibited from harvesting.

3. Fines from 10,000,000 VND to 15,000,000 VND for hiring others to transport or exploit aquatic species originating from aquaculture establishments or regions prohibited from harvesting.

4. Fines from 30,000,000 VND to 50,000,000 VND for processing aquatic species originating from aquaculture establishments or regions prohibited from harvesting.

5. Fines for adding impurities to aquatic products; producing, trading, or using aquatic products with impurities added, or containing preservatives that are banned or not on the allowed list, according to the following levels:

Amended and supplemented provisions:

a) Fines from 3,000,000 VND to 5,000,000 VND for directly adding impurities to aquatic products or using aquatic products with added impurities for food production or processing;

b) A fine of 50,000,000 VND to 70,000,000 VND for acts of organizing the addition of impurities into aquatic products; pre-processing, processing aquatic products containing impurities due to being added, or carrying out activities of collecting, transporting, storing aquatic products containing added impurities for the production, processing, or business of food, except for violations specified in point a, clause 5 of this Article;

c) A fine of 80,000,000 VND to 100,000,000 VND for acts of producing, processing, or trading aquatic food with preservatives that are substances, chemicals prohibited from use or outside the list permitted for use in food production, but not reaching the level of criminal liability.

6. Fines for acts of exploiting, collecting, preliminary processing, preserving, processing, or trading aquatic species with natural toxins at one of the following levels:

a) A fine of 20,000,000 VND to 30,000,000 VND for intentionally exploiting aquatic species with natural toxins that pose a threat to human health and are prohibited from use as food according to legal regulations;

b) A fine of 30,000,000 VND to 40,000,000 VND for transporting aquatic species with natural toxins that pose a threat to human health, except when permitted by a competent state agency;

c) A fine of 40,000,000 VND to 50,000,000 VND for hiring others to transport aquatic species with natural toxins that pose a threat to human health, except when permitted by a competent state agency;

d) A fine of 80,000,000 VND to 100,000,000 VND for acts of collecting, preliminary processing, preserving, processing, or trading aquatic species that naturally contain toxins harmful to human health when used as food, except in cases permitted by the competent state authority.

7. A fine from 5 times to 7 times the value of the violated product for acts specified in Clause 5, points b, c, and d of Clause 6 of this Article in cases where applying the highest fine within the corresponding range is still less than 7 times the value of the violated product without reaching the level of criminal liability.

8. Additional forms of punishment:

a) Revocation of the right to use the Certificate of Food Safety Eligibility for 4 to 6 months for violations specified in Clause 7 of this Article;

b) Suspend part or all of food production and processing activities from 01 month to 03 months for violations of the provisions in clauses 4 and 5, point d, clause 6 of this Article;

c) Confiscate materials in case of violations of the provisions of this Article.

9. Measures to remedy consequences: Compel changing the purpose of use or recycling food or force the destruction of seafood batches that do not meet food safety standards in case of violations of the provisions of this Article.

Article 12. Violations of regulations on ensuring food safety conditions in the production and business of live animals and animal products used as food

1. Fines from 01 time to 02 times the value of the violating food for acts of trading live foods of terrestrial animal origin that are spoiled, discolored, or have altered taste or smell.

2. A fine of 2 to 3 times the value of the violated food for acts of trading fresh food of terrestrial animal origin that is contaminated with microorganisms or contains chemical residues exceeding the legal limits.

3. Remedial measures: Forced change of use purpose or food recycling, or forced destruction of food for violations under this provision.

Article 13. Violations of regulations on conditions ensuring food safety in the production and business of fresh plant-origin food

1. A fine of 1,000,000 VND to 2,000,000 VND for one of the following acts:

a) No internal regulations on conditions ensuring food safety during production;

b) Failure to conduct at least an annual internal assessment as prescribed by law.

2. A fine of 2,000,000 VND to 3,000,000 VND for the act of processing food without having procedures to control the quality of input materials and final products.

3. A fine from 01 time to 02 times the value of the violated food for the act of producing or trading fresh food of plant origin that has at least one food safety indicator exceeding the legal limit.

4. Remedial measures: Compulsory change of purpose or recycling of the food, or compulsory destruction of the food for violations specified in Clause 3 of this Article.

Article 14. Violations of regulations on conditions to ensure food safety in trading processed foods not pre-packaged and pre-packaged for small-scale food business establishments.

1. A fine of 500,000 VND to 1,000,000 VND shall be imposed for the act of trading food that is spoiled, moldy, dirty, or exposed to other contaminating factors.

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

a) Business premises where food is sold, displayed, or stored are invaded by insects or harmful animals;

b) Violating the legal regulations on food safety conditions in food storage;

c) Violating the legal regulations on ensuring food safety for tools, packaging materials, or containers that come into direct contact with food.

3. Measures to remediate consequences: Being compelled to change the purpose of use or recycle the food, or being compelled to destroy the food for violations specified in clause 1 of this Article.

Article 15. Violations of regulations on conditions ensuring food safety in catering business services of ready meal processing establishments, catering food business canteens, collective kitchens; kitchens, restaurants, hotel restaurants, resorts; food and beverage stores, shops, food stalls selling ready-to-eat food, cooked food, and other types of establishments that process and supply food.

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

a) Displaying or storing food on equipment, tools, or materials that do not ensure hygiene;

b) Not having sufficient processing and storage tools and separate usage for raw foods and processed foods;

c) Processing, business, or storage areas invaded by insects or harmful animals;

Supplementary provisions

d) Using food handlers who directly prepare food without wearing a hat, wearing a mask; not trimming fingernails; not using gloves when directly handling cooked food or ready-to-eat food.

2. A fine of from 3,000,000 VND to 5,000,000 VND for one of the following acts:

a) Not following or incorrectly following the legal regulations on the three-step food inspection regime;

b) Not following or incorrectly following the legal regulations on food sample retention;

c) Equipment, means of transporting, and storing ready-to-eat meals and immediate-use food that are not hygienic; causing contamination to food;

Amended and supplemented provisions:

d) Wastewater drainage in the processing area is blocked; not covered properly;

đ) No toilets or handwashing facilities;

Amended and supplemented provisions:

e) Solid waste collection containers without lids.

Amended and supplemented provisions:

3. A fine of 5,000,000 VND to 7,000,000 VND for using food handlers who do not meet the food safety knowledge requirements according to the law.

4. Fines from 7,000,000 VND to 10,000,000 VND for one of the following acts:

a) Using water that does not meet technical standards or does not ensure hygiene according to the relevant legal regulations for food preparation; for cleaning equipment and utensils used in food preparation and consumption;

Amended and supplemented provisions:

b) The owner of the establishment does not meet the knowledge requirements on food safety according to legal regulations;

c) Failing to collect and treat waste and garbage within the business premises of food service establishments according to legal regulations;

d) Violating other regulations on conditions to ensure food safety according to legal regulations in the food service business, except for acts specified in clauses 1, 2, 3, points a, b, and c of clauses 4 and 5 of this Article.

Amended and supplemented provisions:

5. Penalized with fines from 10,000,000 VND to 15,000,000 VND for using persons who are suffering from illnesses that, according to legal regulations, are not allowed to participate directly in the food service business.

6. Forms of supplementary penalties: Suspension of part or all of production, processing, business, and food supply activities from 01 month to 03 months for violations of the provisions in Clauses 4 and 5 of this Article.

Article 16. Violations of regulations on conditions ensuring food safety in street food business

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

a) Not having tables, cabinets, racks, shelves, equipment, or utensils in accordance with legal regulations to display food;

b) Food is not covered to prevent dust; invaded by insects or harmful animals;

c) Not using gloves when directly handling cooked food or ready-to-eat food.

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

d) Using processing tools, utensils, packaging materials, or containers that directly contact food without ensuring food safety according to the law;

Amended and supplemented provisions:

b) Persons suffering from diseases which, according to the provisions of the law, are not allowed to directly participate in street food business;

c) Using food additives that are divided and repackaged in a manner not compliant with legal regulations for food processing;

d) Using water that does not meet sanitation standards for food processing; for cleaning equipment and utensils used for food preparation and consumption;

đ) Violating other regulations on food safety conditions according to the law in street food business, except for the acts specified in Clause 1, points a, b, c and d of Clause 2 of this Article.

3. Remedial measures: Mandatory destruction of food for violations specified in point c, Clause 2 of this Article.

Article 17. Violations of regulations on food safety conditions for genetically modified food, irradiated food

1. A fine of VND 10,000,000 to VND 20,000,000 for acts of non-compliance with regulations on the transportation and storage of genetically modified foods and genetically modified organisms used for food.

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

a) Producing or trading food from genetically modified organisms, or products of genetically modified organisms not listed in the Catalogue of Genetically Modified Organisms that have been granted a certificate of eligibility for use as food;

b) Producing or trading food from genetically modified organisms, or products of genetically modified organisms listed in the Catalogue of Genetically Modified Organisms that have been granted a certificate of eligibility for use as food, but without a certificate confirming that these genetically modified organisms are eligible for use as food;

c) Producing or trading food preserved by irradiation methods that is not on the list of food groups permitted for irradiation;

d) Conducting food irradiation but not complying with regulations on irradiation dosage or irradiating food at facilities that do not meet the required conditions and have not been licensed by the competent authority under legal regulations.

3. Measures to remedy consequences: Forced destruction of food for violations specified in Clause 2 of this Article.

Article 18. Violations of regulations on Certificates of Eligibility for Food Safety

Amended and supplemented provisions:

1. A fine of 20,000,000 VND to 30,000,000 VND shall be imposed for conducting catering services without a Certificate of Eligibility for Food Safety, except in cases not required to obtain a Certificate of Eligibility for Food Safety under legal regulations and for violations specified in Clause 2 of this Article.

Amended and supplemented provisions:

2. A fine of 30,000,000 VND to 40,000,000 VND for the act of producing or trading food without a Certificate of Eligibility for Food Safety, except in cases not required to be issued the Certificate of Eligibility for Food Safety and violating the provisions of Clause 3 of this Article.

Amended and supplemented provisions:

3. A fine of 40,000,000 VND to 60,000,000 VND for the act of producing health-protecting food without a Certificate of Eligibility for Food Safety meeting the good manufacturing practice (GMP) requirements for health-protecting food according to the legal roadmap.

4. Measures to remedy consequences:

a) Must recall food for violations of the provisions in Clauses 2 and 3 of this Article;

b) Must change the purpose of use or recycle or destroy food for violations of the provisions in Clauses 2 and 3 of this Article.

Section 3. VIOLATIONS OF REGULATIONS ON CONDITIONS ENSURING FOOD SAFETY FOR IMPORTED AND EXPORTED FOOD, AND OTHER VIOLATIONS OF REGULATIONS ON CONDITIONS ENSURING FOOD SAFETY IN FOOD PRODUCTION, BUSINESS, AND SUPPLY

Article 19. Violation of regulations on conditions ensuring food safety for imported and exported food

1. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for the act of failing to carry out state inspection of food safety according to the provisions of law in the import or export of food, food additives, food processing aids, tools, and packaging or container materials that come into direct contact with food.

Amended and supplemented provisions:

2. A fine of from 40,000,000 VND to 60,000,000 VND shall be imposed for one of the following acts in the import of food, food additives, food processing aids, tools, and packaging or container materials that come into direct contact with food:

Amended and supplemented provisions:

a) Altering, erasing to distort the content of the product self-declaration, product declaration, Receipt of product declaration registration, Notification of results of food import confirmation, Food safety certificate (Certificate) and other types of documents and materials;

b) Providing information, using documents that are not truthful about the imported batch or item in order to apply reduced inspection or exemption from food safety inspection, or to change from strict inspection to regular inspection.

Supplementary provisions

c) Circulating on the market batches, food products, food additives, food processing aids, tools, packaging materials, containers in direct contact with food that are subject to obtaining a "Notification of Confirmation of Food Meeting Import Requirements" before customs clearance without complying with the provisions of the law.

3. A fine of 60,000,000 to 80,000,000 VND shall be imposed for the act of importing food, food additives, food processing aids, equipment, packaging, or containers that come into direct contact with food, which are subject to the normal inspection method, reduced inspection without sampling for testing, or exemption from food safety inspection, if the product or batch of products circulating in the market has at least one food safety indicator that does not comply with the levels specified in the standards, regulations, or laws corresponding thereto, or the declared levels; health-protecting food products with at least one main quality indicator that contributes to the product’s effectiveness not complying with the declared levels.

4. A fine of 80,000,000 VND to 100,000,000 VND shall be imposed for the act of trading food that is exempt from food safety inspection for export but is returned by the importing country without conducting food safety inspection in accordance with the law before circulating in the market.

5. Additional forms of sanction:

Amended and supplemented provisions:

a) Confiscation of evidence for violations specified in points a and c, Clause 2 of this Article, in the case where the violating evidence is still available;

b) Revocation of the Certificate of Product Announcement Receipt for 01 to 03 months for products that are required to register a product announcement but violate the provisions of Clause 1 of this Article;

c) Revocation of the Certificate of Product Announcement Receipt for 03 to 05 months for products that are required to register a product announcement but violate the provisions of Clause 2 of this Article;

d) Revocation of the right to use the Product Announcement Registration Receipt from 5 months to 7 months for products subject to product announcement registration that violate the provisions in Clause 3 of this Article;

d) Revocation of the right to use the Product Announcement Registration Receipt from 7 months to 9 months for products subject to product announcement registration that violate the provisions in Clause 4 of this Article.

6. Measures to remedy consequences:

a) Forced re-export of food, food additives, food processing aids, tools, packaging materials, and containers that come into direct contact with food in case of violations of the provisions in Clause 1 of this Article;

b) Forced recall of food, food additives, food processing aids, tools, packaging materials, and containers that come into direct contact with food in case of violations of the provisions at Point b, Clause 2, Clauses 3 and 4 of this Article;

c) Compel the change of purpose of use or recycling or force the destruction of food, food additives, food processing aids, utensils, packaging materials, and containers that come into direct contact with food violating the provisions of Clauses 3 and 4 of this Article;

d) Compel the payment of an amount equal to the value of the seized objects in case the seized objects are no longer available for violations of the provisions at point c, Clause 2 of this Article;

Supplementary provisions

d) Compulsorily recall the product self-declaration for products that fall under the category of self-declared products violating the provisions of this Article.

Article 20. Violations of regulations on product self-declaration

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

a) Failing to notify, post, or display the product self-declaration in accordance with the provisions of law;

Amended and supplemented provisions:

b) Failing to submit one (01) copy of the product self-declaration to the competent state authority as prescribed by law;

c) Failing to keep the self-declared product records as required by law;

d) Documents in a foreign language in the product self-declaration file are not translated into Vietnamese and not notarized as required.

2. A fine of 20,000,000 VND to 30,000,000 VND shall be imposed for any of the following acts regarding the use of test result certificates to self-declare products:

a) Using an expired test result certificate;

b) Test result certificates that do not include all food safety indicators as prescribed by law;

c) Test result certificates where at least one food safety indicator does not comply with the corresponding standards or regulations of the law;

d) Test result certificates issued by laboratories that are not designated or not accredited according to ISO 17025;

Supplementary provisions

đ) Test result certificates that are not original or certified copies.

3. Fines from 30,000,000 VND to 40,000,000 VND for any of the following acts:

Amended and supplemented provisions:

a) Producing or importing products subject to self-declaration, where at least one food safety indicator does not meet the levels prescribed in the relevant standards, regulations, or the declared level or the level stated on the label for products without a self-declaration certificate;

b) The content of food safety self-declaration does not comply with the corresponding standards or regulations, or does not comply with the provisions of the law.

4. A fine from 40,000,000 VND to 50,000,000 VND for one of the following acts:

a) Manufacturing or importing products subject to product self-declaration without having a product self-declaration according to the provisions of law;

b) Self-declaring products for products that are required to register a product declaration according to the provisions of law.

5. Additional forms of punishment: Suspension of part or all of the food production or import activities from 01 month to 03 months for violations of the provisions in Clauses 3 and 4 of this Article.

6. Measures to remedy consequences:

a) Being forced to recall food for violations of the provisions in Clauses 2, 3, and 4 of this Article;

b) Being forced to change the purpose of use, recycle, or destroy food for violations specified in Point a Clause 3 and Point a Clause 4 of this Article;

c) Compulsorily recall the self-declared product in case of violation of the provisions in Clause 2, Point b of Clause 3 and Point b of Clause 4 of this Article.

Article 21. Violation of regulations on product declaration registration

Amended and supplemented provisions:

1. Fined from 30,000,000 VND to 40,000,000 VND for one of the following acts:

a) Manufacturing or importing products subject to product announcement registration that have at least one food safety indicator not in compliance with the levels specified in the standards, regulations, or legal provisions applicable, or not matching the announced levels or the levels indicated on the label for products without a Certificate of Receipt of Product Announcement Registration;

b) Manufacturing or importing health supplement products that have at least one of the main quality indicators determining the product's efficacy not in compliance with the announced levels or the levels indicated on the label for products without a Certificate of Receipt of Product Announcement Registration, but not to the extent of being counterfeit according to legal provisions.

2. A fine of from 40,000,000 VND to 50,000,000 VND for not registering the product announcement as prescribed by law in the production or import of products that are required to register the product announcement, or producing or importing products that are required to register the product announcement without having a Product Announcement Registration Receipt as prescribed by law.

3. Additional forms of penalties: Suspension of part or all of the food production or import activities from 01 month to 03 months for violations of the provisions in Clause 2 of this Article.

4. Measures to remedy consequences:

a) Forced recall of food for violations of the provisions of this Article;

b) Forced change of purpose of use or recycling; or forced destruction of food for violations of the provisions in Clauses 1 and 2 of this Article.

Article 22. Other violations of regulations on ensuring food safety in the production, business, import, and supply of food

Amended and supplemented provisions:

1. A fine of from 1 to 2 times the value of the product shall be imposed for acts of trading or circulating in the market products that are subject to self-declaration, registering a product declaration that has at least one food safety indicator not conforming to the level prescribed in the corresponding standards, regulations, or legal provisions, or the declared level or the level stated on the label for products without a self-declared product registration; health supplement products that have at least one key quality indicator that determines the product's effectiveness not conforming to the declared level or the level stated on the label for products without a certificate of receipt of the product declaration registration, provided that it has not reached the level of a counterfeit item according to the law.

Supplementary provisions

2. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for any of the following violations regarding the production of health supplement products:

a) Failure to establish and maintain a quality management system to control the production and distribution processes to ensure that products meet the announced standards and are safe for users until the expiration date;

b) Failure to perform daily sanitation activities for the factory system, equipment, and auxiliary utilities;

Provisions repealed

c) Failure to carry out and fully store records and documents related to production, quality control, and distribution to trace all product batches as required by law;

Provisions repealed

d) Failure to apply inspection and monitoring measures during the production process to prevent risks of confusion, contamination, or cross-contamination; failure to record results in the documents immediately during the operation or right after completing the production step;

d) Issuing materials for use before they have been evaluated to meet quality standards; selling products before they have been evaluated to meet quality requirements;

e) Not monitoring the stability of products in accordance with legal regulations;

Supplementary provisions

g) Not having a procedure for handling complaints, product recalls, or self-inspection activities, or having documented procedures but not following them; not recording or fully keeping documents related to complaint handling, product recalls, or self-inspection activities.

3. Fines for the acts of trading or circulating on the market products that are subject to self-declaration or registration of product declaration without carrying out product declaration according to legal regulations or without a self-declaration of product, receipt of product declaration registration under one of the following levels:

a) A fine from 1,000,000 VND to 3,000,000 VND for cases where the value of the violating product is up to 3,000,000 VND;

b) A fine from 3,000,000 VND to 5,000,000 VND for cases where the value of the violating product is over 3,000,000 VND up to 5,000,000 VND;

c) A fine from 5,000,000 VND to 7,000,000 VND for cases where the value of the violating product is over 5,000,000 VND up to 10,000,000 VND;

d) A fine from 7,000,000 VND to 10,000,000 VND for cases where the value of the violating product is over 10,000,000 VND up to 20,000,000 VND;

e) A fine from 10,000,000 VND to 15,000,000 VND for cases where the value of the violating product is over 20,000,000 VND up to 40,000,000 VND;

f) A fine from 15,000,000 VND to 20,000,000 VND for cases where the value of the violating product is over 40,000,000 VND up to 60,000,000 VND;

g) A fine of VND 20,000,000 to VND 30,000,000 for cases where the value of the violating product is over VND 60,000,000 to VND 80,000,000;

h) A fine of VND 30,000,000 to VND 40,000,000 for cases where the value of the violating product is over VND 80,000,000 to VND 100,000,000;

i) A fine of VND 40,000,000 to VND 50,000,000 for cases where the value of the violating product is over VND 100,000,000.

4. A fine of VND 20,000,000 to VND 30,000,000 for one of the following acts:

a) Failing to re-announce the product or re-register the product announcement in accordance with the law in the case the product has changes in name, origin, or composition;

b) Failing to provide written notification of changes after publication to the competent state agency as required by law, or providing notification but the content of the notification does not match the changes in the product, or lacking documents in accordance with legal regulations proving the changes;

c) Altering, erasing, or falsifying the content of the product self-declaration, product declaration, receipt of product declaration, test result certificate, certificate of eligibility for food safety, and other types of documents and papers;

d) Failing to comply with regulations on dividing, transferring, or packaging in the production and business of food additives;

dd) Selling food additives, food processing aids in a business establishment for chemicals intended for other purposes.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts:

Amended and supplemented provisions:

a) Manufacturing, importing, trading, circulating in the market food, food additives, food processing aids, tools, packaging materials, containers that come into direct contact with food that do not conform to the announced product information, except for violations under point a, clause 1 of this Article;

b) Trading products, production materials, imported solely for the purpose of processing for export or serving the internal production of organizations or individuals not consumed in the domestic market, which have been exempted from product announcement procedures and exempted from state inspection on imported food safety according to the law.

6. Fines from 40,000,000 VND to 50,000,000 VND for one of the following acts:

Amended and supplemented provisions:

a) Importing, producing, processing, supplying, or selling food that does not meet technical standards or food safety regulations, causing food poisoning affecting the health of from 01 to 04 people;

b) Importing, supplying, or selling food that uses prohibited substances, chemicals, food additives, or food processing aids not allowed or outside the permitted list, with a value under 10,000,000 VND or gaining illegal profits under 5,000,000 VND;

c) Importing, supplying, or selling food that uses substances, chemicals, food additives, or food processing aids that have not been approved for use or circulation in Vietnam, with a value under 50,000,000 VND or gaining illegal profits under 20,000,000 VND.

7. A fine of from 50,000,000 VND to 70,000,000 VND for acts of producing, importing, trading, or circulating in the market food, food additives, or food processing aids that contain harmful substances or are contaminated with harmful substances, or contain chemicals or medicinal ingredients not used as food.

8. A fine of from 80,000,000 VND to 100,000,000 VND for one of the following acts:

Amended and supplemented provisions:

a) Importing, producing, processing, providing, or selling food that does not meet technical standards or food safety regulations causing food poisoning affecting the health of 05 or more people, but not to the extent of criminal liability;

b) Importing, supplying, or selling food that uses prohibited food additives or processing aids, or additives not on the permitted list, with a value of 10,000,000 VND or more, or gaining illegal profits over 5,000,000 VND, but not to the level of criminal liability;

c) Importing, supplying, or selling food that uses food additives or processing aids that have not been permitted for use or circulation in Vietnam, with a value of 50,000,000 VND or more, or gaining illegal profits over 20,000,000 VND, but not to the level of criminal liability.

9. A fine of 05 to 07 times the value of the violating product for acts specified in points b and c of clause 8 of this Article in cases where applying the highest fine within the corresponding fine framework is still less than 07 times the value of the violating product and does not reach the level of criminal liability.

10. Forms of additional penalties:

Amended and supplemented provisions:

a) Suspension of part or all of the production, processing, business, or food supply activities from 01 month to 03 months for violations specified in clause 7 of this Article;

b) Suspend part or all of the production, processing, business, and food supply activities from 03 months to 05 months for violations of the provisions in Clause 8 of this Article;

c) Suspend part or all of the production, processing, business, and food supply activities from 10 months to 12 months for violations of the provisions in Clause 9 of this Article;

d) Confiscate administrative violation evidence for violations of the provisions at point c, Clause 4 of this Article;

d) Revoke the right to use the Product Announcement Registration Receipt for 10 months to 12 months for products subject to product announcement registration that violate the provisions at points a, b, Clause 4, and point a, Clause 5 of this Article;

e) Revoke the right to use the Product Announcement Registration Receipt for 12 months to 16 months for products subject to product announcement registration that violate the provisions in Clause 6 of this Article;

g) Revoke the right to use the Product Announcement Registration Receipt for 16 to 20 months for products that are subject to product announcement registration and violate the provisions in Clause 7 of this Article;

h) Revoke the right to use the Product Announcement Registration Receipt for 20 to 24 months for products that are subject to product announcement registration and violate the provisions in Clauses 8 and 9 of this Article.

11. Measures to remedy the consequences:

a) Compel the recall of food for violations of the provisions in Clauses 1, 5, 6, 7, 8, and 9 of this Article;

Amended and supplemented provisions:

b) Compel the destruction of food for violations of the provisions in Clauses 1, 6, 7, 8, and 9 of this Article;

c) Compel to bear all costs for the handling of food poisoning, examination, and treatment of people affected by food poisoning for violations specified in Point a Clause 6 and Point a Clause 8 of this Article;

Supplementary provisions

d) Compulsorily recalling the self-declaration of the product for products under self-declaration that violate the provisions specified in points a, b of clause 4, point a of clause 5, and clauses 6, 7, 8, and 9 of this Article.

Section 4. VIOLATIONS OF REGULATIONS ON ADVERTISING, INFORMATION, EDUCATION, COMMUNICATION; FOOD TESTING; RISK ANALYSIS; PREVENTION, CONTROL, AND REMEDIATION OF FOOD SAFETY INCIDENTS; TRACEABILITY OF UNSAFE FOOD

Article 23. Violations of regulations on advertising, information, education, and communication about food safety

1. A fine of VND 5,000,000 to VND 10,000,000 for advertising health supplements without the warning content "This product is not a medicine, does not have the effect of replacing medicine."

2. A fine of VND 10,000,000 to VND 15,000,000 for failing to provide information on food safety upon the request of competent state agencies.

3. A fine of from 20,000,000 VND to 30,000,000 VND for advertising food with content that posts, cites, quotes, or presents patients' opinions describing food as having disease treatment effects.

4. A fine of from 50,000,000 VND to 70,000,000 VND for one of the following acts:

a) Publishing documents, information, education, or communication publications on food safety that are inaccurate or not true;

b) Posting information on food safety on mass media that is inaccurate or not true.

5. Remedial measures:

a) Being required to recall documents or publications that have been issued for violations under point a, Clause 4 of this Article;

b) Being required to destroy documents or publications for violations under point a, Clause 4 of this Article;

c) Require the removal, dismantling, or deletion of advertisements in case of violations of the provisions in Clause 3 of this Article;

d) Require the correction of information in case of violations of the provisions in Clause 3 and Point b, Clause 4 of this Article.

Article 24. Violations of regulations on food testing and state inspection of food safety for imported foods

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

a) Providing false information about the testing capacity or the scope recognized for designated testing serving the state management of food safety of the testing facility;

b) Failing to comply with the reporting requirements as prescribed.

2. A fine of VND 20,000,000 to VND 30,000,000 for one of the following acts:

a) Food testing facilities do not store testing and examination records as required by law;

b) State inspection agencies for imported food do not keep inspection records as prescribed by law.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for acts of swapping or falsifying food samples used for testing serving state management on food safety that do not reach the level of criminal liability.

4. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts:

a) Altering, erasing, or falsifying the content of certificates of analysis results, test result reports, notifications of confirmation of food meeting import requirements, or other documents related to food testing and state inspections of imported food;

b) Intentionally falsifying test results, state inspections on the safety of imported food;

c) Providing false test results or state inspection results on food safety.

d) Failing to carry out state inspection and testing on food safety but still issuing certificates of analysis results, test result slips of state inspection on food safety without reaching the level of criminal liability.

5. Forms of supplementary penalties:

a) Suspension of part or all activities of state inspection and testing on imported food safety from 06 months to 12 months for violations of the provisions in Clauses 3 and 4 of this Article;

Provisions repealed

b) Confiscation of material evidence for violations specified in Point a, Clause 4 of this Article.

6. Measures to remedy consequences:

a) Mandatory correction of information for violations specified in Point a, Clause 1 of this Article;

Supplementary provisions

b) Mandatory annulment of test results, notification of confirmation results of food meeting import requirements for violations specified in Points b, c, and d, Clause 4 of this Article.

Article 25. Violations of regulations on preventing, stopping, and remedying food safety incidents and implementing measures to reduce the risk of food safety hazards

1. A fine of VND 3,000,000 to 5,000,000 shall be imposed for failing to notify the competent state authority when a food safety incident is detected.

2. A fine of VND 5,000,000 to 7,000,000 shall be imposed for failing to implement or inadequately implementing measures to prevent and stop food safety incidents as required by the competent state authority.

3. A fine of VND 7,000,000 to 10,000,000 shall be imposed for failing to implement or inadequately implementing measures to reduce the risk of food safety hazards as required by the competent state authority.

4. A fine of 10,000,000 VND to 20,000,000 VND for acts of concealing, falsifying, or erasing the scene or evidence of a food safety incident, or other intentional acts that obstruct the detection and handling of food safety incidents.

Amended and supplemented provisions:

Article 26. Violation of regulations on traceability of food, food additives, food processing aids, tools, and packaging or storage materials that come into direct contact with food that is not safe.

1. A fine of 5,000,000 VND to 7,000,000 VND for acts of not storing information or storing incomplete information to trace the origin of food.

2. A fine of 7,000,000 VND to 10,000,000 VND for any of the following acts:

a) Failure to notify a batch of products that do not meet food safety regulations in accordance with the law;

Amended and supplemented provisions:

b) Failing to report or reporting incompletely or untimely regarding the quantity of products in an unsafe product batch, the actual inventory, and those circulating in the market;

c) Failing to compile and report to the competent state authorities on the measures to handle the unsafe product batch;

Amended and supplemented provisions:

d) Providing inaccurate reports about a batch of products that do not ensure food safety.

3. A fine of 10,000,000 VND to 15,000,000 VND for the act of recalling or handling food that does not ensure safety in a manner that is not in accordance with legal regulations or does not comply with the requirements of competent state authorities.

4. A fine of 15,000,000 VND to 20,000,000 VND shall be imposed for failing to promptly implement preventive measures upon detecting that one's products are circulating or have been put into use without ensuring food safety according to legal provisions, or having food safety indicators that do not comply with the levels stipulated in standards, regulations, or legal provisions, or the declared level; health supplement products with at least one of the main quality indicators that create the product's efficacy not complying with the declared level.

5. A fine of 20,000,000 VND to 30,000,000 VND shall be imposed for failing to carry out recalls according to legal regulations for food that does not ensure safety.

6. Fines from 01 to 02 times the value of the product violating regulations for acts of selling products or batches of products that have received a notice of suspension, temporary suspension of circulation, or a recall decision from a competent state agency.

7. Forms of additional penalties:

a) Confiscate evidence in the case of violations specified in Clause 6 of this Article if violating evidence still exists;

b) Revoke the use of the Product Registration Notification Certificate for 20 to 24 months for products required to register a product declaration that violate regulations under Clause 6 of this Article.

8. Measures to remedy consequences:

a) Require repayment equal to the value of the violating evidence if the violating evidence no longer exists for violations under Clause 6 of this Article;

b) Require the recall of the self-declared product for products required to self-declare that violate regulations under Clause 6 of this Article.

Chapter III. AUTHORITY TO RECORD ADMINISTRATIVE VIOLATIONS AND AUTHORITY TO SANCTION ADMINISTRATIVE VIOLATIONS

Article 27. Authority to draw up administrative violation records

1. Persons authorized to handle administrative violations as prescribed in Articles 28, 29, 30, 31, 32, 33, and 34 of this Decree according to the assigned functions, duties, and powers.

2. Civil servants and public employees belonging to the sectors: Health, Agriculture and Rural Development, Industry and Trade, and civil servants, public employees, and members of the People's Army, the People's Public Security, in the agencies stipulated in Articles 28, 29, 30, 31, 32, 33, and 34 of this Decree, while performing official duties and tasks according to the functions, tasks, and powers assigned in the field of food safety.

Article 28. Authority of the Chairman of the People's Committee

1. The Chairman of the commune-level People's Committee has the power to:

a) Impose a fine of up to 5,000,000 VND on individuals and up to 10,000,000 VND on organizations;

Amended and supplemented provisions:

b) Confiscate evidence and means of administrative violations with a value not exceeding the fine prescribed in point a of this clause;

c) Apply remedial measures stipulated in point b clause 3 Article 2 of this Decree.

2. The Chairman of the district-level People's Committee has the power to:

a) Fines of up to 50,000,000 VND for individuals and fines of up to 100,000,000 VND for organizations;

b) Revocation of the Food Safety Eligibility Certificate, suspension of the product announcement registration certificate for a certain period, or temporary suspension of operations;

Amended and supplemented provisions:

c) Confiscation of objects or means used to commit administrative violations with a value not exceeding the fines specified in point a of this clause;

d) Application of remedial measures as stipulated in points b, c, d, đ, e, g, h, i, k, and l of clause 3, Article 2 of this Decree.

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

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

b) Revocation of the Food Safety Eligibility Certificate, suspension of the product announcement registration certificate for a certain period, or temporary suspension of operations;

Amended and supplemented provisions:

c) Confiscate objects or means used to commit administrative violations;

d) Apply remedial measures as stipulated in clause 3, Article 2 of this Decree.

Article 29. Authority of inspectors

1. Inspectors, persons assigned to perform specialized inspection duties in the fields of food safety while on duty have the right to:

a) Impose a fine of up to 500,000 VND on individuals and a fine of up to 1,000,000 VND on organizations;

Amended and supplemented provisions:

b) Confiscation of the evidence and means used to commit the administrative violation with a value not exceeding the fine prescribed in point a of this clause;

c) Apply remedial measures stipulated in point b clause 3 Article 2 of this Decree.

Amended and supplemented provisions:

2. The Chief Inspector of the Department of Health, the Chief Inspector of the Department of Agriculture and Rural Development, the Chief Inspector of the Department of Industry and Trade, the Chief Inspector of the Department of Culture, Sports and Tourism, the Chief Inspector of the Department of Information and Communications, the Heads of the Food Safety Sub-department, the Crop Production and Plant Protection Sub-department, the Livestock and Veterinary Sub-department, the Fisheries Sub-department, the Sub-department of Quality Management of Agro-Forestry and Fishery Products, and equivalent positions assigned by the Government to perform specialized inspection functions related to food safety according to their functions, tasks, and powers, have the right to:

a) Fines of up to 50,000,000 VND for individuals and fines of up to 100,000,000 VND for organizations;

b) Revoke the use of the Certificate of Eligibility for Food Safety, the Receipt of Registration of Product Declaration for a specified time, or temporarily suspend operations for a specified period;

Amended and supplemented provisions:

c) Confiscation of objects or means used to commit administrative violations with a value not exceeding the fines specified in point a of this clause;

d) Apply remedial measures as stipulated in clause 3, Article 2 of this Decree.

Amended and supplemented provisions:

3. Head of the specialized inspection team at the departmental level (including: Department of Health, Department of Agriculture and Rural Development, Department of Industry and Trade, Department of Culture, Sports and Tourism, Department of Information and Communications, Food Safety Sub-department, Crop Production and Plant Protection Sub-department, Livestock and Veterinary Sub-department, Fisheries Sub-department, Quality Management Sub-department of Agricultural, Forestry, and Fishery Products, and equivalents), Head of the specialized inspection team of the General Department, Department under the Ministry, including the Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, Ministry of Culture, Sports and Tourism, Ministry of Information and Communications (including: General Department of Fisheries, Department of Veterinary, Department of Plant Protection, Department of Crop Production, Department of Livestock, Department of Quality Management of Agricultural, Forestry and Fishery Products, Department of Agro-Processing and Market Development, Department of Food Safety, Department of Broadcasting, Television and Electronic Information, Department of Press, Department of Publishing, Printing and Distribution, and equivalents) have the authority to impose penalties according to regulations as stipulated in Clause 2 of this Article.

4. The head of the specialized inspection team at the ministerial level of the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, the Ministry of Culture, Sports and Tourism, and the Ministry of Information and Communications has the right to:

a) A fine of up to 70,000,000 VND for individuals and a fine of up to 140,000,000 VND for organizations;

b) Revoke the use of the Certificate of Eligibility for Food Safety, the Receipt of Registration of Product Declaration for a specified time, or temporarily suspend operations for a specified period;

Amended and supplemented provisions:

c) Confiscation of objects or means used to commit administrative violations with a value not exceeding the fines specified in point a of this clause;

d) Apply remedial measures as stipulated in clause 3, Article 2 of this Decree.

Amended and supplemented provisions:

5. The Chief Inspector of the Ministry of Health, the Chief Inspector of the Ministry of Agriculture and Rural Development, the Chief Inspector of the Ministry of Industry and Trade, the Chief Inspector of the Ministry of Culture, Sports and Tourism, the Chief Inspector of the Ministry of Information and Communications, the General Director of the Directorate of Fisheries, the Director of the Department of Animal Health, the Director of the Department of Plant Protection, the Director of the Department of Crop Production, the Director of the Department of Livestock Production, the Director of the Department of Quality Management of Agricultural, Forestry and Fishery Products, the Director of the Department of Processing and Market Development of Agricultural Products, the Director of the Department of Food Safety, the Director of the Department of Broadcasting, Television and Electronic Information, the Director of the Department of Press, the Director of the Department of Publishing, Printing and Distribution, and equivalent positions delegated by the Government to perform specialized inspection functions, within the scope of the functions, tasks, and powers assigned, have the right to:

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

b) Revoke the use of the Certificate of Eligibility for Food Safety, the Receipt of Registration of Product Declaration for a specified time, or temporarily suspend operations for a specified period;

Amended and supplemented provisions:

c) Confiscate objects or means used to commit administrative violations;

d) Apply remedial measures as stipulated in clause 3, Article 2 of this Decree.

Article 30. Authority of the People's Police

1. People's Public Security officers performing their duties have the right to: Fine up to 500,000 VND for individuals and fine up to 1,000,000 VND for organizations.

Amended and supplemented provisions:

2. The station chief, team leader of the person specified in Clause 1 of this Article have the right to: Fine up to 1,500,000 VND for individuals and fine up to 3,000,000 VND for organizations.

Amended and supplemented provisions:

3. The chief of commune-level police, chief of police station, head of border gate police station, and chief of export processing zone police station have the right to:

a) Fine up to 2,500,000 VND for individuals and fine up to 5,000,000 VND for organizations;

Amended and supplemented provisions:

b) Confiscate evidence and means of administrative violations with a value not exceeding the fine prescribed in point a of this clause;

c) Apply remedial measures stipulated in point b clause 3 Article 2 of this Decree.

Amended and supplemented provisions:

4. District-level Police Chiefs; Heads of professional departments under the Traffic Police Department; Provincial-level Police Department Heads including: Head of the Economic and Corruption Crime Investigation Police Department, Head of the Traffic Police Department, Head of the Road and Railway Traffic Police Department, Head of the Waterway Police Department, Head of the Environmental Crime Prevention Police Department, Head of the Economic Security Department have the authority to:

Amended and supplemented provisions:

a) Impose fines up to 25,000,000 VND on individuals and up to 50,000,000 VND on organizations;

b) Revoke the use of the Certificate of Eligibility for Food Safety, the Receipt of Registration of Product Declaration for a specified time, or temporarily suspend operations for a specified period;

Amended and supplemented provisions:

c) Confiscation of objects or means used to commit administrative violations with a value not exceeding the fines specified in point a of this clause;

d) Apply remedial measures as stipulated in points b, đ, e, g, h, i, k, and l of Clause 3, Article 2 of this Decree.

5. Provincial-level Police Directors have the authority to:

a) Fines of up to 50,000,000 VND for individuals and fines of up to 100,000,000 VND for organizations;

b) Revoke the use of the Certificate of Eligibility for Food Safety, the Receipt of Registration of Product Declaration for a specified time, or temporarily suspend operations for a specified period;

Amended and supplemented provisions:

c) Confiscation of objects or means used to commit administrative violations with a value not exceeding the fines specified in point a of this clause;

d) Apply remedial measures as stipulated in points b, đ, e, g, h, i, k, and l of Clause 3, Article 2 of this Decree.

Amended and supplemented provisions:

6. Directors of the Department of Economic and Corruption Crime Investigation Police, Directors of the Traffic Police Department, Directors of the Environmental Crime Prevention Police Department, Directors of the General Economic Security Department, Directors of the Agricultural, Forestry, and Fisheries Economic Security Department, Directors of the Smuggling Crime Investigation Police Department have the authority to:

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

b) Revoke the use of the Certificate of Eligibility for Food Safety, the Receipt of Registration of Product Declaration for a specified time, or temporarily suspend operations for a specified period;

Amended and supplemented provisions:

c) Confiscate objects or means used to commit administrative violations;

d) Apply remedial measures as stipulated in points b, đ, e, g, h, i, k, and l of Clause 3, Article 2 of this Decree.

Article 31. Penal authority of the Border Guard

1. Border Guard soldiers performing official duties have the authority to impose fines up to 500,000 VND on individuals and up to 1,000,000 VND on organizations.

Supplementary provisions

2. Station Chiefs and Team Leaders of the persons specified in Clause 1 of this Article have the authority to impose fines up to 2,500,000 VND on individuals and up to 5,000,000 VND on organizations.

Amended and supplemented provisions:

Supplementary provisions

3. Border post Commanders, Border Guard Naval Unit Commanders, Border Subzone Commanders, and Port Border Commanders have the authority to:

a) Impose fines up to 25,000,000 VND on individuals and up to 50,000,000 VND on organizations;

Amended and supplemented provisions:

b) Confiscate evidence and means of administrative violations with a value not exceeding the fine prescribed in point a of this clause;

Amended and supplemented provisions:

c) Apply remedial measures as stipulated in points b, đ, e, i, and l of Clause 3, Article 2 of this Decree.

Amended and supplemented provisions:

4. The Commander of the provincial Border Guard, the Commander of the Border Guard Sea Squadron under the Command of the Border Guard has the right to:

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

b) Revoke the use of the Certificate of Eligibility for Food Safety, the Receipt of Registration of Product Declaration for a specified time, or temporarily suspend operations for a specified period;

Amended and supplemented provisions:

c) Confiscate objects or means used to commit administrative violations;

Amended and supplemented provisions:

d) Apply remedial measures as stipulated in points b, đ, e, i, and l of Clause 3, Article 2 of this Decree.

Article 32. Authority of the Coast Guard

1. Coast Guard officers performing official duties have the right to: impose fines of up to 1,500,000 VND on individuals and up to 3,000,000 VND on organizations.

2. Team leaders of the Coast Guard operational team have the right to: impose fines of up to 5,000,000 VND on individuals and up to 10,000,000 VND on organizations.

3. Captains of Coast Guard operational teams, Heads of Coast Guard Stations have the right to:

a) Impose fines of up to 10,000,000 VND on individuals and up to 20,000,000 VND on organizations;

b) Apply remedial measures specified in point b, clause 3, Article 2 of this Decree.

4. The Chief of the Coast Guard Squadron has the authority to:

Amended and supplemented provisions:

a) Fine up to 20,000,000 VND for individuals and up to 40,000,000 VND for organizations;

b) Confiscation of the evidence and means used to commit the administrative violation with a value not exceeding the fine prescribed in point a of this clause;

c) Apply remedial measures specified in points a, b, đ, e, i, and l, clause 3, Article 2 of this Decree.

Amended and supplemented provisions:

5. The Commander of the Coast Guard Brigade has the authority to:

a) Fine up to 30,000,000 VND for individuals and 60,000,000 VND for organizations;

Amended and supplemented provisions:

b) Confiscation of the evidence and means used to commit the administrative violation with a value not exceeding the fine prescribed in point a of this clause;

c) Apply remedial measures specified in points a, b, đ, e, i, and l, clause 3, Article 2 of this Decree.

Amended and supplemented provisions:

6. The Commander of the Coast Guard Region has the authority to:

Supplementary provisions

a) Fines of up to 50,000,000 VND for individuals and fines of up to 100,000,000 VND for organizations;

Amended and supplemented provisions:

b) Confiscation of the evidence and means used to commit the administrative violation with a value not exceeding the fine prescribed in point a of this clause;

c) Apply remedial measures specified in points a, b, đ, e, i, and l, clause 3, Article 2 of this Decree.

Amended and supplemented provisions:

7. The Director of the Coast Guard Department has the authority to:

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

b) Revoke the use of the Certificate of Eligibility for Food Safety, the Receipt of Registration of Product Declaration for a specified time, or temporarily suspend operations for a specified period;

Amended and supplemented provisions:

c) Confiscate objects or means used to commit administrative violations;

d) Apply remedial measures specified in points a, b, đ, e, i, and l, clause 3, Article 2 of this Decree.

Article 33. Authority of Customs

1. Customs officers performing official duties have the authority to: Fine up to 500,000 VND for individuals and up to 1,000,000 VND for organizations.

Amended and supplemented provisions:

2. The team leader of the Customs Sub-department, the team leader of the Post-Clearance Inspection Sub-department have the authority to: Fine up to 5,000,000 VND for individuals and fine up to 10,000,000 VND for organizations.

Amended and supplemented provisions:

3. The Chief of the Customs Sub-Department, the Chief of the Post-Clearance Inspection Sub-Department, the Team Leader of the Control Team under the Provincial, Inter-provincial Customs Department, or Centrally-affiliated City, the Team Leader of the Anti-Smuggling Control Team, the Team Leader of the Customs Procedures Team, the Commander of the Sea Control Team, and the Team Leader of the Intellectual Property Rights Protection Control Team under the Anti-Smuggling Investigation Department of the General Department of Customs have the authority to:

a) Impose fines up to 25,000,000 VND on individuals and up to 50,000,000 VND on organizations;

Amended and supplemented provisions:

b) Confiscate evidence and means of administrative violations with a value not exceeding the fine stipulated in point a of this clause;

Amended and supplemented provisions:

c) Apply remedial measures as prescribed in points a, b, đ, e, h, k, and l of Clause 3, Article 2 of this Decree.

4. The Director of the Anti-Smuggling Investigation Department, the Director of the Post-Clearance Inspection Department under the General Department of Customs, and the Director of the Provincial, Inter-provincial Customs Department, or Centrally-affiliated City Customs Department have the authority:

a) Fines of up to 50,000,000 VND for individuals and fines of up to 100,000,000 VND for organizations;

b) Revocation of the Food Safety Eligibility Certificate, suspension of the product announcement registration certificate for a certain period, or temporary suspension of operations;

Amended and supplemented provisions:

c) Confiscate the objects and means of administrative violations whose value does not exceed the amount of fines prescribed in point a of this clause;

Amended and supplemented provisions:

d) Apply remedial measures as prescribed in points a, b, đ, e, h, k, and l of Clause 3, Article 2 of this Decree.

5. The Director General of the General Department of Customs has the right to:

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

b) Confiscate the objects and means of administrative violations;

Amended and supplemented provisions:

c) Apply remedial measures as prescribed in points a, b, đ, e, h, k, and l of Clause 3, Article 2 of this Decree.

Article 34. Authority to impose penalties of Market Management

1. Market inspectors while performing their duties have the right to: Impose fines up to 500,000 VND for individuals and 1,000,000 VND for organizations.

Amended and supplemented provisions:

2. Head of the Market Management Team has the right to:

a) Impose fines up to 25,000,000 VND on individuals and up to 50,000,000 VND on organizations;

Amended and supplemented provisions:

b) Confiscate evidence and means of administrative violations with a value not exceeding the fine stipulated in point a of this clause;

c) Apply remedial measures as prescribed in points b, c, d, đ, e, g, h, i, k, and l of Clause 3, Article 2 of this Decree.

Amended and supplemented provisions:

3. The Head of the Market Management Branch under the Department of Industry and Trade, the Head of the Anti-Smuggling Department, the Head of the Counterfeit Goods Department, and the Head of the Goods Quality Control Department under the Market Management Department have the authority to:

a) Fines of up to 50,000,000 VND for individuals and fines of up to 100,000,000 VND for organizations;

Amended and supplemented provisions:

b) Confiscate evidence and means of administrative violations with a value not exceeding the fine stipulated in point a of this clause;

c) Revoke the right to use the Certificate of Eligibility for Food Safety, the Receipt of Product Registration Dossier for a limited period, or suspend operations for a limited period;

d) Apply remedial measures stipulated in Clause 3, Article 2 of this Decree.

Amended and supplemented provisions:

4. The Director of the Market Management Department has the authority to:

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

b) Confiscate the objects and means of administrative violations;

c) Revoke the right to use the Certificate of Eligibility for Food Safety, the Receipt of Product Registration Dossier for a limited period, or suspend operations for a limited period;

d) Apply remedial measures stipulated in Clause 3, Article 2 of this Decree.

Article 35. Delineation of authority to sanction administrative violations in the field of food safety

1. Chairpersons of People's Committees at all levels are authorized to make records of administrative violations, impose administrative sanctions, and apply measures to remedy consequences for administrative violations prescribed in Articles 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 of this Decree according to the authority prescribed in Article 28 of this Decree and the functions, tasks, and powers assigned.

2. Persons authorized to impose penalties by the Inspectorate agency, and those assigned to perform specialized inspection tasks in the fields of food safety under the sectors of: Health, Agriculture and Rural Development, Industry and Trade, are authorized to make administrative violation records, impose administrative sanctions, and apply remedial measures for administrative violations specified in Articles 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26 of this Decree according to the authority prescribed in Article 29 of this Decree and the functions, tasks, and powers assigned.

3. Persons authorized to impose penalties from competent police agencies are responsible for making records of administrative violations, imposing administrative penalties, and applying measures to remediate the consequences for administrative violations stipulated in Articles 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 of this Decree according to the authority prescribed in Article 30 of this Decree and the functions, duties, and powers assigned.

Amended and supplemented provisions:

4. Authorized persons empowered to impose penalties by the Border Guard as prescribed in Article 31 of this Decree and by the Coast Guard as prescribed in Article 32 of this Decree have the authority to record administrative violation reports, impose administrative penalties, and apply remedial measures for administrative violations in the field of food safety related to the activities of collecting, selling, supplying, and importing food as prescribed in Clause 3, Point b of Clause 4 and Clause 5 of Article 4; Articles 10, 11; Clauses 1 and 4 of Article 19; Point a Clause 4 of Article 20; Clause 2 of Article 21; Point b Clause 1, Points b and c Clause 6 of Article 22, Clause 6 of Article 26 of this Decree in accordance with their assigned functions, tasks, and powers.

Amended and supplemented provisions:

5. The person authorized to impose penalties by the customs authority as prescribed in Article 33 of this Decree has the authority to draw up records of administrative violations, impose administrative sanctions, and apply remedial measures for administrative violations in the field of food safety as stipulated in Clauses 1, 2, and 4 of Article 19; Clauses 2, 3, and 4 of Article 20; Article 21; Point a of Clause 5, Clauses 6, 7, 8, and 9 of Article 22; Clause 4 of Article 24 of this Decree, discovered within the area under the customs management authority, for which the Government's Decree on administrative penalties in the field of customs has not yet provided regulations.

6. The competent authority to impose penalties of the Market Management as prescribed in Article 34 of this Decree has the authority to record administrative violation reports, impose administrative penalties, and apply remedial measures for administrative violations specified in Articles 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26 of this Decree within the scope of management of the Ministry of Industry and Trade on food safety and the functions, tasks, and powers assigned.

7. The competent authority of the Information and Communications Inspectorate to impose penalties as prescribed in Article 29 of this Decree shall have the authority to draw up records of administrative violations; impose administrative penalties; and apply measures to remediate the consequences of administrative violations prescribed in Article 23 of this Decree and the functions, tasks, and powers assigned.

8. The competent authority of the Culture, Sports, and Tourism Inspectorate to impose penalties as prescribed in Article 29 of this Decree shall have the authority to draw up records of administrative violations, impose administrative penalties, and apply measures to remediate the consequences of administrative violations prescribed in Article 15, Clause 1 of Article 18, Article 23 of this Decree and the functions, tasks, and powers assigned.

Chapter IV. IMPLEMENTING PROVISIONS

Article 36. Effective Date

1. This Decree shall take effect from October 20, 2018.

2. This Decree replaces Decree No. 178/2013/NĐ-CP dated November 14, 2013, of the Government on handling administrative violations in food safety.

Article 37. Transitional Provisions

1. Administrative violations in the field of food safety that occurred before the effective date of this Decree but are discovered later or are under consideration or resolution shall apply regulations that are favorable to the individuals or organizations violating the law.

2. Violations related to products that have been granted the Certificate of Conformity Announcement, the Confirmation of Compliance with Food Safety Regulations, and are still valid according to the regulations in Clause 1, Article 42 of Decree No. 15/2018/NĐ-CP dated February 2, 2018, of the Government detailing the implementation of certain articles of the Food Safety Law, shall be handled as follows:

a) Products that have been issued a Certificate of Acceptance of Conformity Announcement, a Certificate of Compliance with Food Safety Regulations under the provisions of Decree No. 15/2018/NĐ-CP, and fall under the category of self-declared products shall be subject to the provisions of this Decree for self-declared products for the purpose of penalties;

b) Products that have been issued a Certificate of Acceptance of Conformity Announcement, a Certificate of Compliance with Food Safety Regulations under the provisions of Decree No. 15/2018/NĐ-CP, and fall under the category of registered product announcements shall be subject to the provisions of this Decree for registered product announcements for the purpose of penalties.

Article 38. Post-inspection responsibilities

1. The Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, and the People's Committees of centrally-run provinces and cities are responsible for organizing post-checks on food safety through inspection, supervision of food safety within the scope of management according to legal provisions; assigning and delegating the food safety management agencies of the ministries and the People's Committees to be responsible for post-checks on food safety.

2. Post-check activities are conducted regularly and continuously for production, business, import, and advertising establishments of food after these establishments carry out product declaration activities, product production, product importation, trading, circulation in the market, product advertising, and other activities related to the production, processing, business, food testing, and state inspection of imported food safety.

3. Ensure the principle of avoiding overlap in subjects, locations, and timing of post-inspections. Handling overlaps is carried out in accordance with the law on inspection, examination, and the assignment and decentralization of state management on food safety.

Article 39. Responsibility for Implementation

1. The Minister of Health is responsible for presiding over, guiding, organizing, and inspecting the implementation of this Decree.

2. The Minister of Agriculture and Rural Development and the Minister of Industry and Trade are responsible for guiding, organizing, and inspecting the implementation of this Decree within their respective management scopes; coordinating with the Minister of Health to guide, organize, and inspect the implementation of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial and centrally-governed city People's Committees, and relevant agencies, organizations, and individuals are responsible for implementing this Decree./.

ON BEHALF OF THE GOVERNMENT

PRIME MINISTER

(Signed)

Nguyễn Xuân Phúc