How is the crime of producing and trading in counterfeit food products handled?

The crime of producing and trading in counterfeit food, foodstuffs, and food additives is regulated in Article 193 of the 2015 Penal Code, amended and supplemented in 2017, as follows:

1. Anyone who produces or trades in counterfeit food, foodstuffs, or food additives shall be sentenced to imprisonment from 02 to 05 years.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 05 years to 10 years:

a) Organized;

b) Professional in nature;

c) Dangerous recidivism;

d) Abusing position and power;

d) Taking advantage of the name of an agency or organization;

e) Cross-border trade;

g) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features and uses worth from VND 150,000,000 to under VND 500,000,000;

h) Illegal profits from VND 100,000,000 to under VND 500,000,000;

i) Causing injury or damage to the health of another person with a bodily injury rate of 31% to 60%;

k) Causing property damage from VND 100,000,000 to under VND 500,000,000.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 10 to 15 years:

a) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features and uses worth VND 500,000,000 or more;

b) Illegal profits from VND 500,000,000 to under VND 1,500,000,000;

c) Causing property damage from VND 500,000,000 to under VND 1,500,000,000;

d) Causing death;

d) Causing injury or damage to the health of another person with a bodily injury rate of 61% or more;

e) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 61% to 121%.

4. Committing a crime in one of the following cases shall be punishable by imprisonment from 15 to 20 years or life imprisonment:

a) Illegal profits of VND 1,500,000,000 or more;

b) Causing property damage of VND 1,500,000,000 or more;

c) Causing the death of two or more people;

d) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people being 122% or more”;

b) Amend and supplement Clause 6, Article 193 as follows:

“6. A commercial legal entity that commits a crime specified in this Article shall be punished as follows:

a) Committing a crime under the provisions of Clause 1 of this Article shall be subject to a fine of from VND 1,000,000,000 to VND 3,000,000,000;

b) Committing a crime in one of the cases specified in Points a, b, c, e, g, h, i and k, Clause 2 of this Article shall be subject to a fine of from VND 3,000,000,000 to VND 6,000,000,000;

c) Committing a crime under the provisions of Clause 3 of this Article shall be subject to a fine of from VND 6,000,000,000 to VND 9,000,000,000;

d) Committing a crime under the provisions of Clause 4 of this Article shall be subject to a fine of from VND 9,000,000,000 to VND 18,000,000,000 or suspension of operations for a period of from 06 months to 03 years;

d) Committing a crime under the provisions of Article 79 of this Code shall result in permanent suspension of operations;

e) Commercial legal entities may also be fined from VND 100,000,000 to VND 300,000,000, banned from doing business, banned from operating in certain fields or banned from raising capital from 01 to 03 years".

Thus, anyone who produces or trades in counterfeit food, foodstuffs, or food additives shall be sentenced to imprisonment from 02 years to 05 years. Depending on the circumstances, the maximum sentence is 20 years or life imprisonment. A commercial legal entity committing the crime specified in this Article may also be fined from 100,000,000 VND to 300,000,000 VND, banned from doing business, banned from operating in certain fields, or banned from raising capital from 01 year to 03 years.