Crime of Violating Food Safety Regulations
Article 317 of the Penal Code 2015; Clause 119, Article 1 of the Law Amending and Supplementing a Number of Articles of the Penal Code 2017 provides:
1. Any person who commits one of the following acts in violation of food safety regulations shall be subject to a fine of between VND 50,000,000 and VND 200,000,000 or imprisonment of between 01 year and 05 years:
a) Using substances, chemicals, antibiotics, veterinary drugs, plant protection drugs, food additives, or food processing aids which they know are prohibited or outside the list of permitted substances in food production, where the product is valued between VND 10,000,000 and under VND 100,000,000, or where the offender has been administratively sanctioned for one of the acts prescribed in this Article, or has been convicted of this offense and has not had the conviction expunged but continues to reoffend;
b) Using animals that have died from disease or epidemics, or animals destroyed under law, to process food, or providing/selling food known to be derived from such animals, where the product is valued between VND 10,000,000 and under VND 100,000,000, or where the offender has been administratively sanctioned for one of the acts prescribed in this Article, or has been convicted of this offense and has not had the conviction expunged but continues to reoffend;
c) Using substances, chemicals, antibiotics, veterinary drugs, plant protection drugs, food additives, or food processing aids which they know have not been permitted for use or circulation in Vietnam in food production, where the product is valued between VND 100,000,000 and under VND 300,000,000, or valued between VND 50,000,000 and under VND 100,000,000 but the offender has previously been administratively sanctioned or convicted of this offense and has not had the conviction expunged but continues to reoffend;
d) Importing, supplying, or selling food known to contain substances, chemicals, food additives, or food processing aids prohibited or outside the permitted list, where the product is valued between VND 10,000,000 and under VND 100,000,000, or the illicit gain is between VND 5,000,000 and under VND 20,000,000, or the offender has been administratively sanctioned or convicted of this offense and has not had the conviction expunged but continues to reoffend;
đ) Importing, supplying, or selling food known to contain substances, chemicals, food additives, or food processing aids not yet permitted for use or circulation in Vietnam, where the product is valued between VND 100,000,000 and under VND 300,000,000, or illicit gain is between VND 50,000,000 and under VND 100,000,000; or where the product is valued between VND 50,000,000 and under VND 100,000,000 or illicit gain is between VND 20,000,000 and under VND 50,000,000 but the offender has previously been administratively sanctioned or convicted of this offense and has not had the conviction expunged but continues to reoffend;
e) Committing one of the acts prescribed at Points a through đ of this Clause, or processing, providing, or selling food known to fail technical standards or food safety requirements, causing poisoning seriously affecting the health of 05 to 20 people, or causing harm to the health of another person with a bodily injury rate of 31% to 60%.
2. The offender shall be subject to a fine of between VND 200,000,000 and VND 500,000,000 or imprisonment of between 03 years and 07 years if the offense falls under one of the following circumstances:
a) The crime is organized;
b) The offense results in death;
c) The offense causes poisoning seriously affecting the health of between 21 and 100 people;
d) The offense causes harm to the health of another person with a bodily injury rate of 61% or more;
đ) The offense causes harm to the health of two or more people with a combined bodily injury rate of between 61% and 121%;
e) The food contains prohibited or unpermitted substances with a value between VND 100,000,000 and under VND 300,000,000, or illicit gain between VND 20,000,000 and under VND 100,000,000;
g) The food contains raw materials derived from animals that died from disease or epidemics, or animals destroyed under law, valued between VND 100,000,000 and under VND 300,000,000;
h) The food contains substances not yet permitted for use or circulation in Vietnam, valued between VND 300,000,000 and under VND 500,000,000, or illicit gain between VND 100,000,000 and under VND 200,000,000;
i) Dangerous recidivism.
3. The offender shall be subject to imprisonment of between 07 years and 15 years if the offense falls under one of the following circumstances:
a) The offense causes the death of 02 people;
b) The offense causes poisoning seriously affecting the health of between 101 and 200 people;
c) The offense causes harm to the health of two or more people with a combined bodily injury rate of between 122% and 200%;
d) The food contains prohibited or unpermitted substances with a value between VND 300,000,000 and under VND 500,000,000, or illicit gain between VND 100,000,000 and under VND 300,000,000;
đ) The food contains raw materials derived from animals that died from disease or epidemics, or animals destroyed under law, valued between VND 300,000,000 and under VND 500,000,000;
e) The food contains substances not yet permitted for use or circulation in Vietnam, valued between VND 500,000,000 and under VND 1,000,000,000, or illicit gain between VND 200,000,000 and under VND 500,000,000.
4. The offender shall be subject to imprisonment of between 12 years and 20 years if the offense falls under one of the following circumstances:
a) The offense causes the death of 03 or more people;
b) The offense causes poisoning seriously affecting the health of 201 or more people;
c) The offense causes harm to the health of three or more people with a combined bodily injury rate of 201% or more;
d) The food contains prohibited or unpermitted substances with a value of VND 500,000,000 or more, or illicit gain of VND 300,000,000 or more;
đ) The food contains raw materials derived from animals that died from disease or epidemics, or animals destroyed under law, valued at VND 500,000,000 or more;
e) The food contains substances not yet permitted for use or circulation in Vietnam, valued at VND 1,000,000,000 or more, or illicit gain of VND 500,000,000 or more.
5. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions, prohibition from practicing certain professions, or prohibition from performing certain jobs for between 01 year and 05 years.
