Chương I Nghị định 115/2018/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree deals with administrative violations, penalties, fines, remedial measures, the power to record and the power to impose penalties and fines for administrative violations against regulations on food safety.

2. Administrative violations against regulations on food safety prescribed herein include:

a) Violations against conditions for assurance of safety of food products;

b) Violations against food safety conditions in production, trading and supply of foods;

c) Violations against food safety requirements applied to imported and exported foods and other violations against food safety conditions in production, trading and supply of foods;

d) Violations against regulations on advertisement and education of food safety; food testing; risk analysis, prevention and handling of food safety incidents; tracing food origins, recall and disposal of disqualified food.

3. Other Government's Decrees on administrative penalties for corresponding violations shall apply to administrative violations pertaining to food safety that are not regulated by this Decree.

Article 2. Penalties and remedial measures

1. Pecuniary penalty shall be the main penalty imposed on each administrative violation against regulations on food safety.

2. Depending on the nature and severity of the food safety violation, the violator may incur one or some of the following additional penalties:

a) Suspension of the certificate of food safety for 01 – 06 months, or the certificate of registered product declaration for 01 – 24 months;

b) Suspension of the operation for 01 – 12 months as regulated in Clause 2 Article 25 of the Law on penalties for administrative violations;

c) Confiscation of the exhibits and instrumentalities for committing food safety violations.

3. In addition to these main and additional penalties for food safety violations, the violator shall be liable to one or some of the following remedial measures:

a) Enforced re-export of foods, food additives, food processing aids, food containers and primary packages of foods;

b) Enforced destruction of foods, food additives, food processing aids, food containers, primary packages of foods, materials, substances, chemicals, antibiotics, veterinary medicines, pesticides; unsuitable documents and publications about food safety; exhibits of violations; disqualified shipments of aquatic products;

c) Enforced correction of information that is untrue or causes misunderstanding;

d) Enforced recall of foods, food additives, food processing aids, food containers and primary packages of disqualified foods; released documents and publications;

dd) Enforced repurposing or recycling of foods, food additives, food processing aids, food containers and primary packages of disqualified foods;

e) Enforced recall of the self-declaration form;

g) Enforced removal or deletion of unsuitable advertisement contents;

h) Enforced payment of costs of handling of food poisoning cases, examination and treatment for persons poisoned by foods;

i) Enforced suspension of operation of vehicles used to transport foods;

k) Enforced cancellation of testing results or notices of satisfactory inspection results of imported foods;

l) Enforced payment of an amount equal to the value of the exhibits of violation which have been destroyed.

Article 3. Maximum fines and organizations incurring administrative penalties

1. The maximum fine imposed for an administrative violation against regulations on food safety shall be VND 100,000,000 if it is committed by an individual or VND 200,000,000 if it is committed by an organization, except the cases prescribed in Clause 5 Article 4, Clause 6 Article 5, Clause 5 Article 6, Clause 7 Article 11, Clauses 1 and 9 Article 22, and Clause 6 Article 26 hereof.

2. Fines specified in Chapter II hereof are applied to individuals, except the fines specified 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, and Clause 6 Article 26 hereof which are applied to organizations. The fine imposed upon an organization is twice the fine imposed upon an individual that commits the same violation.

3. Organizations mentioned in Clauses 1, 2 of this Article include:

a) Economic organizations that are duly established under the Law on enterprises, consisting of: Private enterprises, joint-stock companies, limited liability companies, partnerships and their affiliates (including branches and representative offices);

b) Economic organizations that are duly established under the Law on co-operatives, consisting of: Co-operatives and cooperative unions;

c) Economic organizations that are duly established under the Law on investment, consisting of: Domestic investors, foreign investors and foreign-invested economic organizations;

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

dd) Social organizations, socio-political organizations, and socio-professional organizations;

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

4. Individuals mentioned in Clauses 1, 2 of this Article are other than the ones mentioned in Clause 3 of this Article.

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