IMPRISONMENT FOR FOOD SAFETY VIOLATION RESULTING IN FOOD POISONING?

At present, food safety violation remain complex and prevalent, manifesting in various forms such as the distribution of substandard food products, the use of raw materials of unknown origin, and the processing or preservation of food in contravention of applicable technical standards. Such conduct poses a significant risk of foodborne illness and constitutes a serious threat to public health. In instances where these violations result in serious consequences, the responsible individuals or entities may not only be subject to administrative sanctions but may also be held criminally liable in accordance with applicable laws.

Not only subject to administrative sanctions, organizations and individuals with food safety violation causing food poisoning may also be criminally prosecuted

Individuals and organizations that commit food safety violations resulting in food poisoning may be subject to either administrative penalties or criminal prosecution, depending on the severity of the incident and the nature of the conduct involved. The scope of food production and trading activities encompasses the importation, manufacturing, processing, supply, and sale of food products.

Administrative sanctions are typically imposed in cases where food poisoning affects at least one person’s health. Penalties may include monetary fines of up to VND 100 million for individuals and up to VND 200 million for organizations. In addition, the offending party may be subject to partial or full suspension of food production or business operations for a period ranging from three to five months, revocation of relevant licenses, and an obligation to bear all costs associated with managing the food poisoning incident, including medical examination and treatment of affected individuals.

Criminal liability arises when food safety violations cause serious harm, affect the health of multiple individuals, or result in fatalities. From July 1, 2025, with the enforcement of the 2025 Amendment to the Penal Code, violators may face fines of up to VND 1 billion or imprisonment of up to 7 years for causing death, poisoning 21 to 100 individuals, inflicting bodily harm on a person resulting in a permanent injury rate of 61% or more, or harming two or more individuals with a cumulative injury rate of 61% to 121%. In particularly serious cases, such as when the offense causes the death of three or more individuals or results in food poisoning affecting 201 or more individuals, the offender may face imprisonment of up to 20 years.

(Under the 2015 Penal Code, as amended in 2017, the maximum fine for similar offenses was VND 500 million, with imprisonment also up to 20 years).

Criminal liability may also arise in relation to other food safety violations

Criminal liability may arise not only in cases involving serious food poisoning incidents but also in relation to the following food safety violations:

– The use of substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives, or food processing aids that are known to be banned or are outside the list of substances permitted for use in food production;

– The use of animals died due to illness or epidemics, or animals lawfully culled, for food processing purposes; or knowingly processing, distributing, or selling food products originating from such animals;

– The use of substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives, or food processing aids that are known to be unauthorized or not yet approved for circulation in Vietnam in food production;

– Importing, supplying, or selling food that is known to contain substances, chemicals, food additives, or food processing aids that are banned or not included in the list of substances permitted for use;

– Importing, supplying, or selling food that is known to contain substances, chemicals, food additives, or food processing aids that have not yet been authorized or approved for circulation in Vietnam.

Responsibilities of food business operators in ensuring food safety

Individuals and organizations are required to strictly comply with the conditions, technical standards, and food safety management procedures throughout the entire production and business process, in accordance with applicable laws and regulations.

It is important to note that completing the necessary food safety licensing procedures for each type of establishment is not only a mandatory requirement but also a clear demonstration of compliance and ongoing fulfillment of business operation conditions.

>> PENALTIES FOR VIOLATIONS OF FOOD SAFETY CERTIFICATE https://linconlaw.vn/penalties-for-violation-of-food-safety-certificate/

>> IN WHICH CASE CAN WITHDRAWAL OF FOOD SAFETY CERTIFICATE OCCUR? https://linconlaw.vn/in-which-case-can-withdrawal-of-food-safety-certificate-occur/