PENALTIES FOR VIOLATIONS OF FOOD SAFETY CERTIFICATE

Food production and business establishments must comply with standards and be granted a Certificate of eligibility for food safety (hereinafter referred to as “Food Safety Certificate”) during their operation as required by laws. Violations of Food safety certificate can be fined up to VND60 million. How specific is this regulation, please follow in the article.

1. Conditions for issuance of Food safety certificate

To be granted Food safety certificate, the facilities must fully meet the following conditions:

– Having adequate conditions for assuring food safety suitable to each type of food production and trading as prescribed;

– Having registered for food production and trading as indicated in its business registration certificate.

2. Inspection of the Food safety certificate post-issuance

The inspection of the Food safety certificate after issuance is regulated as follows:

– The competent authority issuing Food safety certificate according to regulations and the competent authority performs post-issuance inspection.

– The higher level competent authority has the right to inspect the facility issued with a Certificate by the lower level competent authority.

In particular, the number of inspections will not exceed 01 time/year.

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

>> CHANGE ON INFORMATION OF INVESTOR, WHAT NEED TO DO? https://linconlaw.vn/change-on-information-of-investor-what-need-to-do/

3. Sanctions for violations of Food safety certificate

Depending on the behavior and severity of violations of Food safety certificate, the facilities may be handled according to the following regulations:

– Fines ranging from VND 20,000,000 to VND30,000,000 for the following acts: failing to obtain a certificate of food safety or using an expired certificate of food safety when running food and drink business.

(except cases where certificate of food safety is exempted).

– A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for: failing to obtain a certificate of food safety or using an expired certificate of food safety when producing and/or trading foods.

(except cases where certificate of food safety is exempted).

Remedial measures: Enforced recall of foods if the violations; Enforced repurposing or recycling or destruction of foods.

– A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for commission of one of the following violations:

+ Failing to obtain Good Manufacturing Practice (GMP) certificate or using an expired GMP certificate when producing dietary supplements, except cases where dietary supplements are produced on the herbal drug or traditional drug production lines or other cases as prescribed by the Minister of Health;

+ Trading or placing on the market domestically manufactured or imported dietary supplements granted Certificate of Declaration of conformity with the food safety regulations or certificate of registered product declaration before July 01, 2019 without obtaining GMP certificate or another document of equivalent validity before manufacturing.

Remedial measures: Enforced recall of foods if the violations; Enforced repurposing or recycling or destruction of foods.