Chương 1 Nghị định 91/2012/NĐ-CP: Quy định chung

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. The Government prescribes the acts of violations, the forms and levels of penalties, the remedial measures, and the authority to impose penalties for administrative violations of food safety.

2. The acts of administrative violations of food safety are acts committed by organizations and individuals that deliberately or unintentionally violate the law regulations on food safety that do not constitute a crime, and must be administratively penalized as prescribed in this Decree.

3. The acts of administrative violations of food safety prescribed in this Decree include:

a) The violations of the regulations on food safety assurance;

b) The violations of the regulations on the conditions for food safety during the production and provision of food;

c) The violations of the regulations on safety conditions for imported and exported food;

d) The violations of regulations on the advertisement, information, education, dissemination about food safety, and food labeling;

dd) The violations of the regulations on testing food, analyzing risks, preventing and resolving food safety incidents; tracing origins, recalling and handling unsafe food; obstructing the State management of food safety.

4. The acts of administrative violations of food safety prescribed in this Decree that are already prescribed in other Decrees, this Decree shall apply.

Article 2. Subjects of application

1. This Decree is applicable to the organizations and individuals that commit violations of food safety prescribed, unless otherwise prescribed by the International Agreements to which Vietnam is a signatory.

2. The individuals being public employees and officers that commit the violations prescribed in this Decree during their work shall not be administratively penalized, and shall be subject to disciplinary actions as prescribed by law regulations on public employees and officers.

Article 3. The forms of penalties for administrative violations and remedial measures

1. For each acts of administrative violations of food safety committed, the violating organizations and individuals shall be subject to one of the following primary forms of penalties:

a) Warnings;

b) Fines.

The maximum fines for one acts of administrative violations of food safety is 100,000,000 VND.

2. Depending on the nature and extent of violations, the organizations and individuals that commit administrative violations are also subject to one of the following forms of additional penalties:

a) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity to food safety condition; the Certificate of advertisement contents;

b) Confiscating the exhibits and instruments used for committing administrative violations of food safety, including the documents that are changed, falsified, or improperly issued.

3. Apart from the forms of penalties prescribed in Clause 1 and Clause 2 this Article, the organizations and individuals that commit administrative violations must also take one ore more remedial measures as follows:

a) Enforcing the restoration of the original condition that have been changed while committing the violations;

b) Enforcing the implementation of the measures for resolving the environment pollution and the spread of infection caused by the administrative violations;

c) Enforcing the re-export of the foods, and instruments from Vietnam;

d) Enforcing the recall, destruction, or reprocessing the food, food ingredients, food additives, food processing supplements, instruments and materials for wrapping and storing food that commit violations; enforcing the collection and destruction of the violating documents and instruments, unless they must be kept as evidence for further handling;

dd) Other remedial measures specified in Chapter II of this Decree;

e) The organizations and individuals that commit administrative violations must incur all the cost of remedial measures as prescribed by law.

Article 4. The application of law regulations on penalties for administrative violations

1. The principle of penalties; handling minors committing administrative violations; mitigating circumstances, aggravating circumstances, the statute of limitations and time limit for penalties; the period considered not being penalized; the method of calculating the time limit and statute of limitations; the application of forms of administrative penalties and remedial measures; the determination of the authority to impose penalties for administrative violations; the records of administrative violations, the decision on imposing penalties; the procedure for imposing fines, collecting fines; the procedure for confiscating and handling exhibits and instruments used during the violations, the implementation of the decisions on imposing penalties, the delay of the implementation of the decisions on imposing fines, enforcing the implementation of the decision on imposing administrative penalties, and transferring the decision on imposing penalties for administrative violations of food safety for implementation; the transfer of violations that denote crimes for criminal prosecution, must comply with law regulations on handling administrative violations.

2. The forms of records and decisions used in the imposition of penalties for administrative violations of food safety are provided in the Annex promulgated together with this Decree.

In case the relevant forces already have uniform system of forms of records and decisions on imposing penalties for administrative violations, that systems of forms may be used, but it must express all the technical requirements for handling administrative violations of food safety.

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