How are violations of food safety regulations handled criminally?

Article 317 of the 2015 Penal Code (amended and supplemented in 2017) stipulates the crime of violating food safety regulations as follows:

1. Anyone who commits one of the following acts in violation of food safety regulations shall be subject to a fine of from VND 50,000,000 to VND 200,000,000 or imprisonment from 01 year to 05 years:

a) Using substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids that are known to be prohibited or not on the List of permitted substances in food production, with a product value from VND 10,000,000 to under VND 100,000,000, or having been administratively sanctioned for one of the acts specified in this Article or having been convicted of this crime, not having had the criminal record expunged, and still committing the violation;

b) Using animals that died of disease, epidemics or animals that have been destroyed according to the provisions of law to process food or supplying or selling food that is known to originate from animals that died of disease, epidemics or animals that have been destroyed, with the product value from VND 10,000,000 to under VND 100,000,000 or having been administratively sanctioned for one of the acts specified in this Article or having been convicted of this crime, not having had the criminal record expunged, and still committing the violation;

c) Using substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids that are known to be not permitted for use or not permitted for circulation in Vietnam in food production, with a product value from VND 100,000,000 to under VND 300,000,000 or a product value from VND 50,000,000 to under VND 100,000,000 but having been administratively sanctioned for one of the acts specified in this Article or having been convicted of this crime, not having had the criminal record expunged, and still committing the violation;

d) Importing, supplying or selling food knowingly using substances, chemicals, food additives or food processing aids banned from use or not on the List of permitted use, worth from VND 10,000,000 to under VND 100,000,000 or illegally profiting from VND 5,000,000 to under VND 20,000,000 or having been administratively sanctioned for one of the acts specified in this Article or having been convicted of this crime, not having had the criminal record expunged but still committing the violation;

d) Importing, supplying or selling food knowingly using substances, chemicals, food additives or food processing aids that are not permitted for use or circulation in Vietnam, worth from VND 100,000,000 to under VND 300,000,000 or illegally profiting from VND 50,000,000 to under VND 100,000,000; food worth from VND 50,000,000 to under VND 100,000,000 or illegally profiting from VND 20,000,000 to under VND 50,000,000 but having been administratively sanctioned for one of the acts specified in this Article or having been convicted of this crime, not having had the criminal record expunged but still committing the violation;

e) Committing one of the acts specified in Points a to d of this Clause, or processing, supplying, or selling food knowing that the food does not meet technical standards or food safety regulations, causing poisoning that seriously affects the health of from 5 to 20 people or causing harm to the health of others with a body injury rate of 31% to 60%.

2. Committing a crime in one of the following cases shall be subject to a fine of from VND 200,000,000 to VND 500,000,000 or imprisonment from 03 to 07 years:

a) Organized;

b) Causing death;

c) Causing serious poisoning affecting the health of from 21 to 100 people;

d) Causing harm to another person's health with a bodily injury rate of 61% or more;

d) Causing harm to the health of 02 or more people, with the total body injury rate of these people from 61% to 121%;

e) Food using substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids prohibited from use or not on the List of permitted use, worth from VND 100,000,000 to under VND 300,000,000 or illegal profits from VND 20,000,000 to under VND 100,000,000;

g) Food using raw materials from animals that died of disease, epidemics or animals that were destroyed with a value from VND 100,000,000 to under VND 300,000,000;

h) Food using substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids that are not permitted for use or circulation in Vietnam, worth from VND 300,000,000 to under VND 500,000,000 or illegal profits from VND 100,000,000 to under VND 200,000,000;

i) Dangerous recidivism.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 to 15 years:

a) Killed 02 people;

b) Causing poisoning that seriously affects the health of from 101 to 200 people;

c) Causing harm to the health of 02 or more people, with the total body injury rate of these people from 122% to 200%;

d) Food using substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids that are prohibited or not on the List of permitted substances, worth from VND 300,000,000 to under VND 500,000,000 or illegal profits from VND 100,000,000 to under VND 300,000,000;

d) Food using raw materials from animals that died of disease, epidemics or animals that were destroyed with a value from VND 300,000,000 to under VND 500,000,000;

e) Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids that are not permitted for use or circulation in Vietnam, valued from VND 500,000,000 to under VND 1,000,000,000 or illegal profits from VND 200,000,000 to under VND 500,000,000.

4. Committing a crime in one of the following cases shall be punishable by imprisonment from 12 to 20 years:

a) Causing the death of 03 people or more;

b) Causing poisoning that seriously affects the health of 201 or more people;

c) Causing harm to the health of 03 or more people, with the total body injury rate of these people being 201% or more;

d) Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids that are prohibited or not on the list of permitted substances, worth VND 500,000,000 or more, or illegal profits of VND 300,000,000 or more;

d) Food using raw materials from animals that died of disease, epidemics or animals that have been destroyed, worth VND 500,000,000 or more;

e) Food containing substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids that are not permitted for use or circulation in Vietnam, worth VND 1,000,000,000 or more, or illegal profits of VND 500,000,000 or more.

5. The offender may also be fined from VND 20,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.