The Decree 178/2013/nd-Cp: Regulations Sanctioning Administrative Violations Of Food Safety

Original Language Title: Nghị định 178/2013/NĐ-CP: Quy định xử phạt vi phạm hành chính về an toàn thực phẩm

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Decree sanctioning administrative violations of food safety _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
The base of law handling administrative violations on June 20, 2012;
Pursuant to the law on food safety, June 17, 2010;
According to the recommendation of the Minister of health, the Government issued Decree sanctioning administrative violations of food safety.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the administrative violations, fines and penalties, remedial measures, the authority to establish the minutes of administrative violations and the authority sanctioning administrative violations of food safety.
2. Administrative violations of food safety regulations in the Decree include: a) infringe regulations on security conditions for food products;
b) infringe regulations on conditions of ensuring food safety in production, the food business;
c) violated the regulations on conditions of food safety assurance for food imports, food export;
d) infringe regulations on information, education and communication about food safety; food testing; risk analysis, prevention, prevent and remedy food safety problems; traceability, recovery and processing for food insecure.
3. The administrative violations related to food safety are defined in the Decree sanctioning administrative violations of veterinary medicine, fisheries, standards and quality, trade, culture, sports, travel and advertising, labor and other sectors are sanctioning administrative violations under the Decree.
Article 2. Application object 1. Individual, organization, Vietnam; individuals, organizations have the administrative violations of food safety on the territory of Vietnam.
2. Authority established thereon, sanctioning administrative violations and the individuals and organizations concerned.
Article 3. Sanctions, remedial measures 1. For each administrative violations of food safety, the individual, the organization suffered a violation of the sanctions is warned or fined.
2. Depending on the nature and extent of the violation, the individual, the Organization has administrative violations of food safety can be applied to one or more additional sanctions: a) deprived of the right to use the certificate of the eligible basis of food safety has a time limit or suspend the activity has a time limit;
b) confiscated exhibits administrative violations, the means used to administrative violations of food safety.
3. In addition to sanctions, additional sanctions, individuals, organized administrative violations can also be applied to one or more remedial measures prescribed in points d, e, f, g and h of paragraph 1 Article 28 of Law handling administrative violations and remedial measures here : a) the Forced implementation of veterinary hygiene test for terrestrial animal products has not passed veterinary hygiene inspection before production, food processing;
b) Forcing switch intended use of the goods infringing;
c) forced the cancellation of test results be made from food samples VIN or fake or test results be granted votes wrong regulation;
d) forced the destruction of fake documents;
DD) Forced bear all costs for the processing of food poisoning, examination, treatment of people suffering from food poisoning in the case of food poisoning.
Article 4. Regulations on fines, authorized sanctions against individuals, organizations 1. The levels of maximum fines for each violation of food safety administration is 100,000,000 contract for individuals and for organizations, Council of 200,000,000 except in cases specified in clause 2 of this Thing.
2. where the application of the highest penalties of fine frame as defined in clause 4, 5 and 6 to article 5; Paragraph 6 article 6; Paragraph 3 article 7; Point d and point VND Account 5, points b, c and d of Paragraph 6 article 16; Paragraph 4 to article 26 of this Decree, which is still lower than 3.5 times the total value of food violation (for individuals violating) or lower than 7 times the total value of food violation (for the offending organization) then the fines applied by 3.5 times the total value of food violation at the time of the violation for individuals or 7 times the total value of food violation at the time of the violation for the organization.
3. the fines provided for in chapter II of this Decree is the fine for individuals. For the same administrative violations, the fines for the Organization folded 12 times fines for individuals.
4. Authority to sanction the money of the titles specified in chapter III of this Decree is the authority to apply for an administrative violation of individuals. In the case of a fine, sanction authority for the Organization folded twice authorized sanctions against individuals.
Chapter II ADMINISTRATIVE VIOLATIONS, SANCTIONS, FINES and REMEDIAL MEASURES Item 1 VIOLATING the REGULATIONS on SECURITY CONDITIONS for FOOD PRODUCTS article 5. Violation of regulations on the use of raw materials in the production of food, food processing 1. A fine of up to 100% and 80% of the total value of food violation at the time of breach for unauthorized use of terrestrial animal products has not passed veterinary hygiene inspection under the rules for the production and processing of food but the amount of the fine does not exceed 100,000,000.
2. Fine by 100% to 120% of the total value of food violation at the time of breach for unauthorized use of raw materials, food additives, food processing support was too indefinite or there is no time limit for the use of food ingredients ingredients, food additives, food processing support in an imperative to keep the time limit used to produce, processed food, food additive, food processing support substance but of the fine does not exceed 100,000,000.
3. Fine by 120% to 150% of the total value of food violation at the time of breach for unauthorized use of terrestrial animal products was over veterinary sanitary inspection but does not meet the requirements for the production of processed food, but the amount of the fine does not exceed 100,000,000.
4. A fine from 10,000,000 20,000,000 for copper to copper acts used material does not guarantee food safety for manufacturing, food processing, except for the acts stipulated in paragraphs 1, 2, 3, 5 and 6 of this Article.
5. A fine of 30,000,000 50,000,000 copper to copper for unauthorized use of the material of unknown origin, origin or without certificates of origin by the competent State agencies granted according to the regulations for the production and processing of food.
6. Fine fellow to 70,000,000 100,000,000 contract for one of the following behaviors: a) uses material not used as food for the production and processing of food;
b) using animal infectious disease, animals died due to illness, disease or death of unknown causes, forced the destruction at the request of the competent State agencies for the production and processing of food;
c) uses food ingredients containing impurities are put in does not guarantee food safety for manufacturing, food processing.
7. A fine equal to 3.5 times the total value of food violation is produced from raw materials does not guarantee food safety for the acts specified in paragraphs 4, 5 and 6 to this if the level of the fine fine frame defined in paragraph 4, 5 and 6 of this 3.5 times lower than the total value of food violation at the time of the violation.
8. additional sanctions: a) the suspension of production activities, food processing from 1 month to 2 months for the acts specified in paragraph 2 and Paragraph 3 of this article;
b) suspend the operation of production and processing of food from 2 months to 3 months for the acts specified in clause 4 and Clause 5 of this Article;
c) suspend manufacturing operations, food processing from 3 months to 6 months for the acts specified in clause 6 of this Article.
9. the remedial measures: a) enforce sanitary veterinary inspection for the acts specified in paragraph 1 of this article;
b) forced the destruction of the exhibits violated for behaviors specified in paragraphs 2, 3, 4 and 5, point a and point b Paragraph 6 of this Article;
c) forced the removal of impurities to ensure food safety for shipment, but not an offense to destroy for the acts specified in point c of Paragraph 6 of this Article; no case made was then forced to destroy.
Article 6. Violation of regulations on the use of food additives, food processing aid in the manufacture of processed food, 1. A fine from 5,000,000 to copper copper 3,000,000 for the use of food additives, food processing support substance list allows use according to regulations but beyond limits allow.
2. A fine from 10,000,000 20,000,000 to copper copper for use in food additives, food processing support substance list allows use as a rule but was too indefinite or there is no time limit for use.
3. A fine fellow to 20,000,000 30,000,000 VND from for use in food additives, food processing aid does not meet the technical standards, regulation of food safety respectively.
4. A fine of 30,000,000 VND to 40,000,000 of copper for use in food additives, food processing support in addition to the list are allowed to use.
5. Fine fellow to fellow 50,000,000 40,000,000 for unauthorized use of food additives, food processing support substances of unknown origin, origin.
6. Fine fellow to 70,000,000 100,000,000 contract for use of food additives, food processing support substances which contain toxic substances.
7. A fine equal to 3.5 times the total value of food violation for the acts specified in clause 6 of this if the level of the fine fine frame prescribed in clause 6 of this 3.5 times lower than the total value of food violation at the time of the violation.
8. additional sanctions: a) the suspension of production activities, food processing from 2 months to 3 months for the acts specified in paragraphs 2, 3, 4 and 5 of this Article;
b) suspend manufacturing operations, food processing from 3 months to 6 months for the acts specified in clause 6 of this Article.
9. the remedial measures:

Forced destruction of the exhibits violated for behaviors defined in item 2, 3, 4, 5 and 6 of this Article.
Article 7. Violation of regulations on the use of chemicals in food production and processing 1. A fine from 10,000,000 20,000,000 for copper to copper acts using chemicals that are used in the production and processing of food but too indefinite or there is no time limit for use.
2. A fine of from copper to copper for 40,000,000 20,000,000 acts using chemicals not included in the list are allowed to use, chemicals of unknown origin to the production and processing of food.
3. Fine fellow to 70,000,000 100,000,000 contract for use of banned chemicals used in food production and processing to manufacturing, food processing.
4. Fines equal to 3.5 times the total value of food violation for the acts specified in paragraph 3 of this article if the level of the fine fine frame prescribed in clause 3 of this 3.5 times lower than the total value of food violation at the time of the violation.
5. additional sanctions: a) the suspension of production activities, food processing from 2 months to 4 months for the acts specified in paragraph 1 of this article;
b) suspend manufacturing operations, food processing from 4 months to 6 months for the acts specified in paragraph 2 of this Article;
c) suspended production and food processing, from 6 months to 12 months for the acts specified in paragraph 3 of this article.
6. remedial measures: forcing the destruction of the exhibits violated for behaviors specified in the paragraph 1, 2 and 3 of this article.
Article 8. Violating regulations on enhancing micronutrients into food 1. A fine from 5,000,000 to copper copper 3,000,000 for enhanced behavior micronutrients are vitamins, minerals, micronutrients into food in the category as defined but used with exceeding the rules allow.
2. A fine of 5,000,000 VND to 10,000,000 contract enhanced behavior for micronutrients are vitamins, minerals, micronutrients into food is not in the list according to the regulations.
Article 9. Violation of regulations on the use of packaging materials, instruments in direct contact with the food in the food business, manufacturing 1. A fine from 5,000,000 VND to 10,000,000 VND for materials use packaging, direct with food in an have to register a proper disclosure rules or regulations appropriate publication safe food without receiving paper copies published conformity certifications announced match food safety regulations or there but has been discontinued before packing materials, tools for direct contact with foods that are manufactured, imported to manufacture, food business.
2. A fine from 10,000,000 20,000,000 for copper to copper use packaging materials, tools for direct contact with foodstuffs does not meet the technical standards, food safety regulations corresponding to production, the food business.
3. A fine of 20,000,000 40,000,000 for copper to copper use packaging materials, tools for direct contact with food may contain toxic or hazardous substances to produce infections, food business.
4. additional sanctions: a) the suspension of production activities, food business from 2 months to 3 months for the acts specified in paragraph 2 of this Article;
b) suspension of production activities, food business from 3 months to 6 months for the acts specified in paragraph 3 of this article.
5. remedial measures: Forcing conversions use or destruction of the exhibits violated for behaviors specified in paragraph 3 of this article.
Section 2 INFRINGEMENT of RULES on CONDITIONS ENSURING FOOD SAFETY in PRODUCTION, the FOOD BUSINESS article 10. Violation of regulations on health standards in production, the food business, food additive, food processing, support tools, packing materials, containers of food 1. Sanctions for behavior that has made periodic health examinations in an object to periodic health check but does not fulfill the prescribed examination or certificate use healthy enough too the time limit according to one of the following levels: a) warn or impose a fine of 300,000 to 500,000 Dong Dong from the for violation of under 10 people;
b) fine from 500,000 to 1,000,000 VND VND for violation from 10 people to 20 people;
c) fine from 1,000,000 to 2,000,000 VND VND for the violation from 20 people to under 100 people;
d) fine from 5,000,000 to copper copper 3,000,000 for violating from 100 people to under 500 people;
DD) fine from 5,000,000 VND to 10,000,000 VND for violation from 500 people or more.
2. Sanctions against acts doesn't make periodic health examinations for the object in an periodic health examinations must follow one of the following levels: a VND 500,000 fine) to 1,000,000 VND for violation of under 10 people;
b) fine from 1,000,000 to 2,000,000 VND VND for the violation from 10 people to 20 people;
c) fine from 5,000,000 to copper copper 3,000,000 for violating from 20 people to under 100 people;
d) fine from 5,000,000 VND to 10,000,000 VND for violation from 100 people to under 500 people;
DD) fine from 10,000,000 20,000,000 for copper to copper violation from the 500 or more people.
3. A fine of 5,000,000 3,000,000 Dong to Dong for the repair behaviour, erased falsified certificate content healthy enough.
4. A fine from 5,000,000 to 7,000,000 copper copper for certificate use healthy enough.
5. A fine from 10,000,000 to copper copper 7,000,000 for unauthorized use of people who are infected with the disease or diseases in the category of diseases or infectious diseases are not allowed to engage directly in the production process, food processing.
6. remedial measures: Forcing the destruction of enough false health certificate for the acts specified in paragraph 4 of this Article.
Article 11. Violation of training rules on food safety knowledge, technical staff, technical employees in manufacturing, food business, food additive, food processing, support tools, packing materials, containers of food 1. Sanctions against acts doesn't make updated food safety knowledge as defined in an object to update knowledge in one of the following levels: a) warn or impose a fine of 300,000 to 500,000 Dong Dong from the for violation of under 10 people;
b) fine from 500,000 to 1,000,000 VND VND for violation from 10 people to 20 people;
c) fine from 1,000,000 to 2,000,000 VND VND for the violation from 20 people to under 100 people;
d) fine from 5,000,000 to copper copper 3,000,000 for violating from 100 people to under 500 people;
DD) fine from 5,000,000 VND to 10,000,000 VND for violation from 500 people or more.
2. Sanctions for unauthorized use of a training to food safety knowledge as a rule without training certification of knowledge of food safety in one of the following levels: a VND 500,000 fine) to 1,000,000 VND for violation of under 10 people;
b) fine from 1,000,000 to 2,000,000 VND VND for the violation from 10 people to 20 people;
c) fine from 5,000,000 to copper copper 3,000,000 for violating from 20 people to under 100 people;
d) fine from 5,000,000 VND to 10,000,000 VND for violation from 100 people to under 500 people;
DD) fine from 10,000,000 20,000,000 for copper to copper violation from the 500 or more people.
3. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) production, food business, food additive, food processing, support tools, packing materials, containers of food in an must have technical staff or technical staff without technical staff or technical personnel under the provisions;
b) corrected, erased falsified content training certification food safety knowledge or proof of the updated food safety knowledge.
4. A fine from 5,000,000 to 7,000,000 copper copper for use in training certification food safety knowledge or proof of the updated food safety knowledge is false papers.
5. remedial measures: Forcing the destruction of fake papers for the acts specified in paragraph 4 of this Article.
Article 12. Violation of regulations on food safety practices in the production, the food business, food additive, food processing, support tools, packing materials, containers of food 1. Sanctions for unauthorized use of pregnant workers, wearing protective apparel as a rule but not complete one of the following levels: a) warn or impose a fine of 300,000 to 500,000 Dong Dong from the for violation of under 10 people;
b) fine from 500,000 to 1,000,000 VND VND for violation from 10 people to 20 people;
c) fine from 1,000,000 to 2,000,000 VND VND for the violation from 20 people to under 100 people;
d) fine from 5,000,000 to copper copper 3,000,000 for violating from 100 people to under 500 people;
DD) fine from 5,000,000 VND to 10,000,000 VND for violation from 500 people or more.
2. Sanctions for unauthorized use of non-workers, wearing protective apparel as defined under one of the following levels: a VND 500,000 fine) to 1,000,000 VND for violation of under 10 people;
b) fine from 1,000,000 to 2,000,000 VND VND for the violation from 10 people to 20 people;
c) fine from 5,000,000 to copper copper 3,000,000 for violating from 20 people to under 100 people;
d) fine from 5,000,000 VND to 10,000,000 VND for violation from 100 people to under 500 people;
DD) fine from 10,000,000 20,000,000 for copper to copper violation from the 500 or more people.
3. Sanctions for violations of regulations on food safety practices in the production, food business under one of the following levels: a) warn or impose a fine of 300,000 to 500,000 Dong Dong from the for violation of under 10 people;
b) fine from 500,000 to 1,000,000 VND VND for violation from 10 people to 20 people;
c) fine from 1,000,000 to 2,000,000 VND VND for the violation from 20 people to under 100 people;

d) fine from 5,000,000 to copper copper 3,000,000 for violating from 100 people to under 500 people;
DD) fine from 5,000,000 VND to 10,000,000 VND for violation from 500 people or more.
Article 13. Violation of the provisions of the General conditions for ensuring food safety in production, the food business, food additive, food processing, support tools, packing materials, containers of food 1. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) does not guarantee the regulation on location or safe distance for harmful sources, source of pollution and other harmful elements;
b) don't have enough equipment, measures for prevention of insect and animal pests.
2. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) do not have enough equipment, appropriate regulatory tools to process raw materials, processing, packaging, storage, transportation, foods, food additives, food processing, support tools packaging materials, containing different foods;
b) don't have enough equipment, tools, means of washing, water sterilization is suitable as a rule;
c) does not guarantee food safety in the production process, the food business, food additive, food processing support, packaging materials, utensils, food containers as specified, except for the acts specified in paragraph 1, point a and point b of Paragraph 2 and Paragraph 3 of this article.
3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) water use does not meet the technical standards for the manufacture, food business, food additive, food processing support;
b) preliminary procedures, food processing, food additive, food processing, support tools, packing materials, containers of food does not guarantee safety or food exposed to the elements that cause pollution and toxic substances;
c) no measures for proper waste management in the area of production, the food business, food additive, food processing support, packaging materials, utensils, food containers pollute the environment;
d) using the cleansing, antiseptic chemicals in produce, food business not as a rule.
4. Fines for acts not to set and apply good manufacturing practices (GMP), good hygiene practices (GHP, SSOP), good agricultural practices (GAP, VietGAP), risk analysis and control of critical points (HACCP) and the system of management of safety of food with any other advanced manufacturing base in business, an required to apply under the rules of the competent State agencies under one of the following levels: a) a fine of 5,000,000 10,000,000 for copper to copper production operations;
b) fine from 10,000,000 20,000,000 for copper to copper production operations there, processing and preservation.
Article 14. Breach of rules on conditions ensuring food safety in food preservation, food additive, food processing, support tools, packing materials, containers of food 1. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) Not preserved separately each type of food, food additive, food processing, support tools, packing materials, containers of food leads to the risk of pollution;
b) does not have dedicated equipment to control the temperature, humidity, ventilation and other special preservation conditions according to the requirements of each type of food, food additive, food processing support;
c) do not have the books to track temperature, humidity and other conditions for food ingredients, food additives, food processing support, food products require special preservation.
2. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) used where preservation means of food preservation is not a guarantee of hygiene;
b) does not comply with the rules on the preservation of food, food additive, food processing, support tools, packing materials, containers of food that the individual, organization of production, processing has announced;
c) use where the preserved food, food additive, food processing, support tools, packing materials, contain foods that insects, harmful animals.
3. A fine from 5,000,000 to 10,000,000 copper copper for general food preservation behavior, food additive, food processing support, packaging materials, utensils, food containers with toxic substances.
4. remedial measures: a) the Forced destruction of the exhibits violated the food, food additive, food processing support quality preserved with chemicals toxic to acts specified in paragraph 3 of this article;
b) Forcing switch intended use or destruction for the exhibits violated are tools, materials, packaging, contains food preserved with chemicals toxic to acts specified in paragraph 3 of this article.
Article 15. Breach of rules on conditions ensuring food safety in the transportation of food, food additive, food processing, support tools, packing materials, containers of food 1. A fine from 5,000,000 to copper copper 3,000,000 for one of the following behaviors: a) the use of means of transport of food, food additive, food processing support, packaging materials, utensils, food containers are made of materials contaminate food, food additive aid food processing, packaging materials, utensils, food containers;
b) transport packaging, food map contains but does not guarantee safety or rupture, tearing, distortion in the process of transport of food contaminants;
c) does not guarantee the preservation conditions during transport; General shipping food, food additive, food processing support, packaging materials, utensils, food containers with the other commodities caused the risk of food contamination.
2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) the use of means of transport of food contaminants, food additives, substances to support food processing, packaging materials, utensils, food containers, vehicles were transporting toxic substances not yet clean detergent for food transport , food additive, food processing, support tools, packing materials, containers for food;
b) shipping food to common toxic substances.
3. the remedial measures: a) the Forced removal of the elements for food contamination, food additives, substances to support food processing, packaging materials, utensils, food containers for the acts specified in clause 1 and clause 2 of this Thing; remove the case forced the destruction;
b) Forcing switch used for transport for the acts stipulated in art. 1 and art. 2 of this Thing;
c) Forcing switch intended use or destruction of the packaging materials, instruments, contain food contamination for the acts specified in clause 1 and clause 2 of this Thing.
Article 16. Breach of rules on conditions ensuring food safety in the manufacture and trading of fresh food of aquatic origin 1. A fine from 5,000,000 to copper copper 3,000,000 for the preservation, transport behaviours, exploited aquatic species originating from the base feed banned harvesting, aquaculture harvest prohibition zone.
2. A fine from 5,000,000 to 7,000,000 copper copper for collectors conduct preliminary processing aquatic species originating from the base feed banned harvesting, aquaculture harvest prohibition zone.
3. A fine from 10,000,000 to 15,000,000 VND VND for shipping others rental acts, exploited aquatic species originating from the base feed banned harvesting, the cam aquaculture harvest.
4. A fine of 30,000,000 VND to 50,000,000 Council for seafood processing behavior originating from the base feed banned harvesting, aquaculture harvest prohibition zone.
5. Fines for acts taken impurities on aquaculture, gathering, processing, preserving, processing, seafood business have contaminants according to one of the following levels: a) a fine of 300,000 to 500,000 Dong Dong for direct acts of impurity on fisheries;
b) fine from 5,000,000 VND to 10,000,000 VND for aquatic transportation acts have impurities, except with the competent State agencies;
c) fine from 10,000,000 20,000,000 to copper copper for the behavior of other people hire has aquatic transport of impurities, except with the competent State agencies;
d) 30,000,000 50,000,000 until fine copper for collectors, conservation behavior, aquatic business have contaminants due to be brought in;
DD) fine from the bronze to copper 100,000,000 70,000,000 for organizational behavior take impurities on fisheries or aquaculture processing, containing impurities due to be brought in.
6. Fines for acts of extraction, gathering, processing, preserving, processing, trading the species natural toxins under one of the following levels: a) a fine of up to 30,000,000 VND VND 20,000,000 for acts knowingly exploited aquatic species have natural toxins harmful to human health is prohibited as food under the provisions;
b) a fine of 30,000,000 VND to 40,000,000 Council for aquatic transportation acts have natural toxins harmful to human health, except with the competent State agencies;
c) fine from copper to copper 50,000,000 40,000,000 for the behavior of other people hire has aquatic transport of natural toxins harmful to human health, except with the competent State agencies;
d) fine from copper to copper 100,000,000 70,000,000 for the behavior of gathering, preserving, processing, trading the species natural toxins harmful to human health as food, except with the competent State agencies allow.

7. A fine equal to 3.5 times the total value of food violation for acts specified in point d and point VND Account 5, points b, c and d of Paragraph 6 of this Article if the level of the fine fine frame prescribed in clause 5 and Clause 6 this 3.5 times lower than the total value of food violation at the time of the violation.
8. additional sanctions: a) deprived of the right to use the certificate on the basis of eligible food safety from 3 months to 6 months for seafood processing behavior prescribed in clause 2, the behavior prescribed in clause 4 of this Article; works to preserve, seafood business specified in point d of Paragraph 5 of this Article; preliminary operations, preservation, processing, seafood business specified in point d of Paragraph 6 of this Article;
b) operations from 1 month to 3 months for the acts specified in point 5 of this Clause; DD Active collectors specified in point d of Paragraph 6 of this Article;
c) confiscated seafood shipments violated the provisions in clause 1, 2 and 4 of this Article;
d) confiscated vehicles, tools to violate for acts specified in point d and point VND Account 5.
9. the remedial measures: a) the Forced destruction of the shipment of fisheries does not guarantee food safety for the acts specified in paragraphs 2, 3 and 4 of this Article;
b) Forcibly removes impurities for shipment, but not an offense must be destroyed for the acts specified in clause 5 of this Article; Remove case impurities then the forced destruction;
c) forced the destruction of seafood shipments have natural toxins harmful to human health with regard to the behaviour defined in paragraph 6 of this Article.
Article 17. Breach of rules on conditions ensuring food safety in the manufacture and trading of animals, fresh animal products used as food 1. A fine of up to 100% and 80% of the total value of food violation at the time of offense for one of the following acts but the maximum fine amount does not exceed 100,000,000 contract: a) of animal products business was vaccination has not enough time under the rules;
b) animal products business has been used veterinary drugs not yet enough time to stop the medication required according to the manufacturer's instructions.
2. Fine by 100% to 120% of the total value of food violation at the time of offense for one of the following acts but the maximum fine amount does not exceed 100,000,000 contract: a) fresh food business originating on land animals been rancid, color variations, flavors;
b) fresh food business originating on land animals were brought more impurities but not affecting food safety.
3. Fine by 120% to 150% of the total value of food violation at the time of the violation for the business behaviour of fresh animal products infested or have substance exist residual too limited to allow the maximum fine amount but not exceed 100,000,000.
4. remedial measures: forcing the destruction of the exhibits violated for behaviors specified in point a of Paragraph 2 and Paragraph 3 of this article.
Article 18. Breach of rules on conditions ensuring food safety in the manufacture and trading of fresh food of plant origin 1. A fine from 500,000 to 1,500,000 đồng VND for the behavior of production, processing and trading of fresh food of plant origin in violation of the conditions of guarantee of food safety regulations.
2. Fine by 40% to 60% of the total value of food violation at the time of violation with regard to production and trading behaviour of fresh food of plant origin are one of the target exceeds the prescribed food safety but the maximum fine amount does not exceed 100,000,000.
3. Fine by 60% to 80% of the total value of food violation at the time of the violation for the behavior produced fresh food of plant origin that uses chemicals, no products in the category are allowed to use in cultivation but the maximum fine amount does not exceed 100,000,000.
4. A fine of 80% to 100% of the total value of food violation at the time of violation with regard to production and trading behaviour of fresh food of plant origin have banned chemicals used in crop production but the maximum fine amount does not exceed 100,000,000.
5. remedial measures: forcing the destruction of the exhibits violated for behaviors defined in item 2, 3 and 4 of this Article.
Article 19. Breach of rules on conditions ensuring food safety in the food business has passed for processing 1. A fine from 500,000 to 1,000,000 VND VND for one of the following behaviors in the food business was not processed through the available packages: a) no measures to ensure food is not broken, mold, exposure to animals, insects, dirt and other polluting elements;
b) has no information about the origin and date of production of the food.
2. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors in the food business was over how processing packages available: a) do not comply with the conditions of guarantee safety for packaging materials, utensils, food containers, the condition of ensuring food safety in food preservation as specified;
b) Not sure maintaining hygiene and place of business;
c) does not preserve food according to the instructions of the individual, the Organization of production.
3. the remedial measures: Forcing conversions use or destruction of damaged food, mold, pollution to the behavior defined in art. 1 of this article.
Article 20. Breach of rules on conditions ensuring food safety in the food service business in the types of food and beverage outlets, shops, stalls, food business immediately, chin food 1. A fine from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) sold the food right, cooked foods do not have sanitary maintenance equipment, no table or the price is higher than the ground under the provisions;
b) Not to own food and feed nine;
c) using processing, conservation area, where eating is not a guarantee of hygiene or harm animals, insects;
d) using split tool, containing food and dining tools does not guarantee of hygiene;
DD) no instrument contained garbage, waste according to regulations or there but no guarantee of hygiene; do not clean daily garbage, waste.
2. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) water use do not meet technical standards for food processing;
b) use no material proof of origin, origin; expired, does not guarantee safety for food processing;
c) using food additives do not have the source, origin; use expires, is not in the list of food additives that are used as a rule, does not guarantee safety for food processing;
d) food processing does not guarantee safety;
DD) business dining services does not guarantee food safety and lead to food poisoning.
3. additional sanctions: suspension of operations food services from 1 month to 3 months in the case of re-offense with regard to acts specified in point DD Account 2 things.
4. remedial measures: a) the Forced destruction of food ingredients not native, origin; expired, damaged, rancid, rotten, thiu always specified in point b of Paragraph 2 of this Article; food additive regulations in violation of point c of Paragraph 2 of this Article; food spoilage, rancid, rotten, thiu always specified in point d of Paragraph 2 of this Article;
b) Forced bear all costs for the processing of food poisoning, examination, treatment of people suffering from food poisoning for the acts specified in clause 2 of this Thing UPO.
Article 21. Breach of rules on conditions ensuring food safety in the catering business in processing type catering available; canteen catering business; food; kitchen, dining, the restaurant of the hotel, a resort; restaurant eating 1. A fine of 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) the use of the kitchen is not designed and organized according to the principles of direct current;
b) sold on food preservation devices not hygienic, no table or the price is higher than the ground under the provisions;
c) no processing tools, and use private preservation for fresh food, food is over processed;
d) no measures to prevent insects, harmful animals.
2. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) does not ensure the environmental hygiene conditions, no separate toilets and other pollution sources;
b) use dining utensils made of safe materials;
c) use chemical cleansers, sterilization not prescribed;
d) dining room, dining table, desk, food processing, storage space or where food preservation do not guarantee safety and hygiene;
DD) no books recording the inspection regimes take 3 steps according to the instructions of the Ministry of health or there but not fully record the contents as specified;
e) no instrument collectors, contained garbage, waste according to regulations or there but no guarantee of hygiene;
g) do not clean daily garbage, waste; drains in the area of the store, the kitchen do not escape, causing stagnant;
h) have no toilets, hand-washing place;
I) do not save the form feed or save the template but not properly regulated.
3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) water use does not meet technical standards for processing, the food business;
b) do not make periodic water testing as prescribed;
c) use no material proof of origin, origin; expired, does not guarantee safety for food processing;
d) using food additives do not have the source, origin; use expires, is not in the list of food additives that are used as a rule, does not guarantee safety for food processing;
DD) food processing does not guarantee safety;
e) production base, where business processing facilities catering available, canteen catering business, food, kitchen, dining, the restaurant of the hotel, resort, restaurant food poisoning occurs.
4. A fine from 10,000,000 to 15,000,000 Board fellow for business behavior dining services does not guarantee food safety and lead to food poisoning.

5. additional sanctions: suspension of operations food services from 1 month to 3 months in the case of re-offense with regard to acts specified in paragraph 4 of this Article.
6. remedial measures: a) the Forced destruction of food ingredients not native, origin; expired, damaged, rancid, rotten, thiu always specified in point c of Paragraph 3 of this article; food additive violations specified in point d of Paragraph 3 of this article; food spoilage, rancid, rotten, thiu always specified in point 3 of this Clause; DD
b) Forced bear all costs for the processing of food poisoning, examination, treatment of people suffering from food poisoning for the acts specified in paragraph 4 of this Article.
Article 22. Breach of rules on conditions ensuring food safety in the business street food 1. Warning or a fine of 300,000 to 500,000 Dong Dong from for one of the following behaviors: a) sold the food has no tables, shelves, means of ensuring food safety;
b) no instrument umbrellas, rain, dirt, insects and animal pests;
c) use where sold are not against harmful sources, sources of pollution;
d) no device preserve food as prescribed;
DD) use tools, processing, contain, preserve food does not guarantee food safety;
e) users manual direct with food.
2. A fine of from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) water use does not meet technical standards for processing, the food business;
b) using raw materials to food processing do not have the source, origin; expired, does not guarantee safety;
c) using food additives do not have the source, origin; use expires, is not in the list of food additives that are used as a rule, do not guarantee safety;
d) use packing containing the food does not guarantee food safety;
food business) does not guarantee safety.
3. A fine of from 1,000,000 to 2,000,000 VND VND for business behavior street food does not guarantee food safety and lead to food poisoning.
4. remedial measures: a) the Forced destruction of food ingredients not native, origin; expired, damaged, rancid, rotten, thiu always specified in point b of Paragraph 2 of this Article; food additive provisions in point c of Paragraph 2 of this Article; food spoilage, rancid, rotten, thiu always specified in point DD Account 2 things;
b) Forced bear all costs for the processing of food poisoning, examination, treatment of people suffering from food poisoning for the acts specified in paragraph 3 of this article.
Article 23. Breach of rules on conditions of food safety assurance for functional food, genetically modified food, food irradiation 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) production, functional food business in an must have efficient test report about uses of products that have no regulatory reporting;
b) does not comply with the regulations on shipping, storing foods genetically modified, genetically modified organisms used as food.
2. A fine of 30,000,000 VND to 50,000,000 Council for one of the following behaviors: a) production, food business from genetically modified organisms, products of genetically modified organisms in genetically modified organisms list issued qualified certifications use as food but do not have the paper confirmed genetically modified organisms used as actual eligible under the regulations;
b) production, food business from genetically modified organisms, products of genetically modified organism not in category GMO organisms be granted qualified certification using food as prescribed;
c) production, food business for preservation by irradiation methods is not in the list of allowed food irradiation group;
d) production, food business for preservation by irradiation methods but do not comply with regulations on irradiation dose.
3. the remedial measures: a) Forced withdrawal of goods for violation of behavior defined in art. 1 and art. 2 of this Thing;
b) Force withdraw to destroy offending merchandise for acts specified in points b, c and d of Paragraph 2 of this Article.
Article 24. Violation of rules regarding certificate of the eligible basis of food safety 1. Sanctions for acts of business catering services in violation of regulations on the certificate of the eligible basis of food safety in the range of social management in one of the following levels: a) caution for use certificate of the eligible basis of food safety have expiry under 12 months;
b) fined 300,000 VND VND 500,000 came from for use certificate of the eligible basis of food safety have expiry from 1 month to 3 months;
c) fine from 500,000 to 1,000,000 VND VND for behaviour do not have the certificate of the eligible basis of food safety according to the regulation, but have the expiry on January 3rd;
d) fine from 1,000,000 to 2,000,000 VND VND for the repair behaviour, erased falsify the content certificate qualified base of food safety;
DD) a fine of 2,000,000 VND to 3,000,000 đồng for unauthorized use of the certificate of the eligible basis of food safety.
2. Sanctions for acts of producing, trading, food preservation, food service business in violation of regulations on the certificate of the eligible basis of food safety in the scope of management of the district level in one of the following levels: a) caution for use certificate of the eligible basis of food safety is out of the time limit under May 1st;
b) fine from 1,000,000 to 3,000,000 đồng VND for unauthorized use of the certificate of the eligible basis of food safety have expiry from 1 month to 3 months;
c) fine from 5,000,000 3,000,000 Dong to Dong for behaviour do not have the certificate of the eligible basis of food safety according to the regulation, but have the expiry on January 3rd;
d) fine from 5,000,000 to 7,000,000 copper copper for the repair behaviour, erased falsify the content certificate qualified base of food safety;
DD) fine from 10,000,000 to copper copper 7,000,000 for unauthorized use of the certificate of the eligible basis of food safety.
3. Sanctions for acts of producing, trading, food preservation, food service business in violation of regulations on the certificate of the eligible basis of food safety in the scope of management of the provincial level according to one of the following levels: a) caution for use certificate of the eligible basis of food safety has under 12 months;
b) a fine of 4,000,000 6,000,000 for copper to copper use certificate of the eligible basis of food safety have expiry from 1 month to 3 months;
c) fine from 10,000,000 to 15,000,000 VND VND for the behaviour with no certificate of the eligible basis of food safety regulations or have the certificate of the eligible basis of food safety but have run out of time on the 3rd;
d) fine from copper to copper 20,000,000 15,000,000 for the repair behaviour, erased falsify the content certificate qualified base of food safety;
DD) fine from copper to copper 25,000,000 20,000,000 for unauthorized use of the certificate of the eligible basis of food safety.
4. remedial measures: Forcing the destruction of fake papers for the acts specified in paragraph 1, DD DD Account Point 2 and point 3 of this Clause Ridin.
Section 3 VIOLATION of OTHER PROVISIONS of the CONDITIONS ENSURING FOOD SAFETY in PRODUCTION, sales, import, EXPORT of FOOD article 25. Breach of rules on conditions of food safety assurance for food imports, food exports 1. A fine from 10,000,000 to 15,000,000 Board Council for food import behavior, food additive, food processing, support tools, packing materials, containers of food in an must check the State of safety of food imports has made the examination but has not yet reported results confirm the import requirement for each shipment inspection agency investigation authority.
2. A fine of up to 20,000,000 15,000,000 VND VND for one of the following behaviors: a) does not perform the inspection on food safety for food, food additive, food processing, support tools, packing materials, containers of food import, export in an examination required under the regulations;
b) functional food imports, strengthening food micronutrients, genetically modified food, food irradiation has passed but no free circulation certificate or medical certificate as prescribed.
3. A fine fellow to 20,000,000 30,000,000 VND Word for corrected behavior, erased falsify the content one of the papers: the free circulation of certificate or a medical certificate or a notice of the results confirm the import requirement for each import shipment; the certificate of origin; certificate of quality, food safety for food shipments for export.
4. A fine of 30,000,000 VND to 40,000,000 Council for unauthorized use of one of the false papers: free circulation certificate or a medical certificate or a notice of the results confirm the food import requirement for each shipment; the certificate of origin; certificate of quality, food safety and food shipments for export.
5. remedial measures: a) the Forced recovery of food, food additive, food processing, support tools, packing materials, containers of imported food was checked on food safety but not yet reported results confirm the import requirement for the acts specified in paragraph 1 of this article; food, food additive, food processing, support tools, packing materials, containers of food imports is not check on food safety with regard to the behaviour defined in art. 2 of this Thing;
b) forced the re-export or destruction or conversion of the purpose of use of goods imported in violation with regard to acts specified in point b of Paragraph 2 of this Article;

c) forced the destruction of fake papers for the acts specified in paragraph 4 of this Article.
Article 26. Other violation of ensuring food safety in production, sales, imports of food products 1. Sanctions for acts of trafficking food over processed, pre-packaged food ingredients, food additives, food processing, support tools, packing materials, containers of food in an appropriate publication must carry rules, announced the suit regulates food safety without receiving proper disclosure rules certifications, suit announced food safety regulations or there but has been discontinued before goods that are manufactured, imported; wholesale, retail sale of food, food ingredients, food additives, substances to support food processing, packaging materials, utensils, food containers in circulation on the market do not match the technical standards or rules of food safety in one of the following levels: a) warn or impose a fine of 100,000 to 200,000 Dong Dong from for the shipment violated the worth to 5,000,000;
b) fined 300,000 VND VND 500,000 came from for the shipment violated the worth from copper to 10,000,000 5,000,000 on;
c) fine from 1,000,000 to 2,000,000 VND VND for the shipment violated the worth from copper to 10,000,000 20,000,000 on;
d) fine from copper to 3,000,000 6,000,000 đồng for shipment in violation of value from copper to 40,000,000 20,000,000 on;
DD) a fine of 7,500,000 VND to 15,000,000 Board for shipment in violation of value from on board to 40,000,000 80,000,000;
e) fine from copper to 20,000,000 30,000,000 VND for the shipment violated the worth from copper to 80,000,000 200,000,000 on;
g) fine from copper to copper 50,000,000 40,000,000 for the shipment violated over 200,000,000.
2. Fines for the behavior of production, imports, sales of food markets, food ingredients, food additives, substances to support food processing, packaging materials, utensils, food containers not suitable technical regulation or regulation of food safety in one of the following levels : a VND 500,000 fine) to 1,000,000 VND for the shipment violated worth up to 5,000,000;
b) fine from 1,000,000 VND to 2,500,000 VND for the shipment violated the value from the same 5,000,000 10,000,000 came on;
c) a fine of 2,500,000 VND to 5,000,000 đồng for shipment in violation of value from copper to 10,000,000 20,000,000 on;
d) fine from 5,000,000 VND to 10,000,000 VND for the shipment violated the worth from copper to 40,000,000 20,000,000 on;
DD) fine from 10,000,000 20,000,000 for copper to copper case shipments in violation of value from on board to 40,000,000 80,000,000;
e) fine from copper to copper 40,000,000 20,000,000 for the shipment has the value from infringement on the 80,000,000 contract to 160,000,000;
g) fine from copper to copper 80,000,000 40,000,000 for the shipment has the value from infringement on the copper to 320,000,000 160,000,000;
h) fine from copper to copper 100,000,000 80,000,000 for the shipment violated valued on copper 320,000,000
3. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) the manufacture or import of foods, food ingredients, food additives, food processing, support tools, packing materials, containers of food in an appropriate publication to rules, announced the suit regulates food safety without receiving proper disclosure rules certifications, suit announced food safety regulations or there but has been discontinued;
b) do not maintain quality control, testing the product periodically as prescribed;
c) don't make timely preventive measures when detecting goods are circulated or have entered don't match announced conformity or announced regulations consistent food safety or inconsistent technical regulation, regulation of food safety respectively.
4. A fine of 30,000,000 50,000,000 for copper to copper acts produced, imported, sold food, food additive, food processing support substances which contain toxic or hazardous materials, except for acts specified in paragraphs 1, 2 and 3 of this article.
5. A fine for violations of regulations on the use of a suitable disclosure rules or appropriate regulations publication of food safety for the food, food additive, food processing, support tools, packing materials, containers of food in an have to register a proper disclosure rules or appropriate regulations publication of food safety as one of the the following levels: a) a fine of 5,000,000 VND to 7,000,000 contract for the repair behaviour, erased falsify the content a detailed information about product registration in a case disclosure rules or appropriate regulations publication of food safety has been the competent State agencies;
b) fine from 10,000,000 to copper copper 7,000,000 for the behavior using a detailed information about the product is fake papers in the profile to register a proper disclosure rules or appropriate regulations publication of food safety has been the competent State agencies;
c) fine from 10,000,000 to 15,000,000 VND VND for the repair behaviour, erased content misleading the paper received a published certificate or conformity announced match food safety regulations;
d) fine from copper to copper 20,000,000 15,000,000 for receiving paper use a published certificate or conformity announced match food safety regulations is false papers.
6. Fines from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) Not kept records announced the conformity, the paper received a published conformity or records announced the suit food safety regulations, appropriate disclosure certification food safety regulations;
b) do not provide a copy of the paper receiving announced conformity certifications, suit announced food safety regulations for individuals, organizations selling food products, food ingredients, food additives, substances to support food processing, packaging materials, utensils, food containers.
7. A fine equal to 3.5 times the total value of the goods with respect to infringement acts specified in paragraph 4 of this Article if the level of the fine fine frame prescribed in clause 4 of this 3.5 times lower than the total value of the goods at the time of infringement violation.
8. A fine from 5,000,000 VND to 10,000,000 VND for operation behavior in the time proposed to postpone the test, inspectors do stop or suspend production, sales, imports of food products.
9. additional sanctions: suspension from 3 months to 6 months for the acts specified in paragraph 4 of this Article.
10. Remedy the consequences: a) the Forced recovery of the goods infringing products are circulating on the market to convert the purpose of use or recycling for the acts specified in paragraph 2 of this Article; the case does not make be recycled then forced destruction;
b) forced the re-export or destruction of goods imported for the acts specified in paragraph 2 of this Article;
c) forced the withdrawal of goods infringing for acts specified in point c of Paragraph 3 of this article;
d) forced the recall to destroy offending merchandise for the acts specified in paragraph 4 of this Article;
DD) forced the destruction of fake papers for the acts specified in point b and point d of Paragraph 5 of this Article.
Item 4 in VIOLATION of REGULATIONS on information, education and COMMUNICATION ABOUT FOOD SAFETY; FOOD TESTING; RISK ANALYSIS; PREVENT, DETER AND REMEDY FOOD SAFETY PROBLEMS; TRACEABILITY for FOOD DOES NOT GUARANTEE SAFETY article 27. Violating the regulations on information, education and communication about food safety 1. A fine from 500,000 to 1,000,000 VND VND for one of the following behaviors: a) does not provide information about food safety at the request of the competent State agencies;
b) provides information about food safety, not true.
2. A fine of 5,000,000 10,000,000 for copper to copper acts released a document, publication information, education, communication about food safety, not true.
3. the remedial measures: Forcing recovery to destruction of documents and publications for the infringement acts specified in paragraph 2 of this Article.
Article 28. Violation of regulations on food testing 1. A fine from 5,000,000 to copper copper 3,000,000 for one of the following behaviors: a) Put the wrong information about the abilities tested or recognized scope, specify the test serves the governance of food safety laboratory;
b) do not perform testing, regulatory reporting mode.
2. A fine of 5,000,000 10,000,000 for copper to copper acts providing false test results.
3. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a Guest of swapping or tampered template) food testing to serve state management;
b) do not perform testing but still provide a certificate of analysis results, test results votes;
c) corrected, erased falsify the content of certificates of analysis results, test results, votes or other papers relevant to food testing;
d) use certificate of analysis results, test results votes;
DD) knowingly do wrong test results.
4. remedial measures: a) forced the fix wrong information with regard to the behaviour defined in art. 1 of this article;
b) forced the cancellation of test results for the acts specified in points a, b and Paragraph 3 of this article;
c) forced the destruction of fake papers for the acts specified in point d of Paragraph 3 of this article.
Article 29. Violation of regulations on the prevention, prevent, remedy food safety problems and implement solutions to limit risk and food safety

1. A fine of 1,000,000 to 3,000,000 đồng VND for acts not to notice with the competent State agencies when the issue of food safety.
2. A fine of 5,000,000 3,000,000 Dong to Dong for acts not done or made incomplete preventive measures, to prevent food safety problems as required by competent State bodies.
3. A fine of 5,000,000 VND to 10,000,000 VND for acts not done or made incomplete solutions for limiting the risk of loss of food safety at the request of the competent State bodies.
Article 30. Violating regulations on traceability for food is not secure 1. A fine from 5,000,000 to copper copper 3,000,000 for acts not stored or kept incomplete records of the source, the origin of raw materials, food additives, substances to support food processing, packaging materials, tools for direct contact with food and other materials about the production process , food business.
2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) do not report production does not guarantee safety;
b) does not report the number of batches of products product not guaranteed, actual inventory and are circulating on the market; the recovery plan and measures to handle.
3. A fine from 10,000,000 20,000,000 for copper to copper acts perform recovery, handling not as required by competent State agencies for food does not guarantee safety.
4. A fine of 20,000,000 30,000,000 for the copper to copper acts do not conduct withdrawal, perform the necessary processing measures required by the competent State agencies for food does not guarantee safety.
Chapter III JURISDICTION to ESTABLISH the MINUTES of ADMINISTRATIVE VIOLATIONS and SANCTIONING ADMINISTRATIVE VIOLATIONS of FOOD SAFETY article 31. The authority established the administrative infringement thereon authority establish the minutes of administrative violations of food safety including: 1. The position has the authority sanction stipulated in articles 32, 33, 34, 35 and 36, Article 37 paragraph 1 of this Decree.
2. Public servants in all sectors: health, agriculture and rural development, industry and commerce are on duty, the duty has authority to establish administrative infringement proceedings on the violation in the scope of the public service, the task assigned to it. The minutes are set to be transferred to the person who has the authority to sanction conduct prescribed sanctions.
Article 32. The authority of the Chairman of the sanctions Committee 1. Chairman of people's Committee of social rights has: a) caution;
b) fines up to 5,000,000;
c) confiscated exhibits, means of administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
d) apply remedial measures specified in point 1 article 28 of law Clause Ridin handling administrative violations.
2. President of the district-level people's committees have the right to: a) caution;
b) a fine of up to 50,000,000;
c) Deprived the right to use the certificate of the eligible basis of food safety has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, the means used to administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
DD) apply remedial measures specified in the point e e and h clause 1 Article 28 of Law handling administrative violations and remedial measures prescribed in points a, b, c, d and paragraph 3 of article 3 of this Decree.
3. The Chairman of the provincial people's Committee has the right to: a) caution;
b) impose a fine to a maximum prescribed in this Decree;
c) Deprived the right to use the certificate of the eligible basis of food safety has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures specified in paragraph 3 of article 3 of this Decree.
Article 33. The authority sanction of inspection 1. Inspectors, who carry out missions specialised inspection on food safety and the fields related to food safety in the sectors: health, agriculture and rural development, industry and commerce are on duty have the right: a) caution;
b) a fine of up to 500,000;
c) confiscated exhibits, the means used to administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
d) apply remedial measures specified in point 1 article 28 of law Clause Ridin handling administrative violations.
2. The Chief Inspector of the Department of health, Department of agriculture and rural development, Department of industry and Commerce; Heads are assigned functions of specialized inspection on food safety and the fields related to food safety in the Health Department, the Department of agriculture and rural development, Department of industry and Commerce; Head of delegation-level specialist Inspector, Chief Inspector of the specialized Union Agency be assigned functions of specialized inspection on food safety and the fields related to food safety in the sectors: health, agriculture and rural development, industry and trade has the right: a) caution;
b) a fine of up to 50,000,000;
c) Deprived the right to use the certificate of the eligible basis of food safety has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, the means used to administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
DD) apply remedial measures specified in paragraph 3 of article 3 of this Decree.
3. specialized inspections Division Chief of the Ministry of supply: health, agriculture and rural development, industry and trade has the right: a) caution;
b) fines to 70,000,000;
c) Deprived the right to use the certificate of the eligible basis of food safety has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, the means used to administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
DD) apply remedial measures specified in paragraph 3 of article 3 of this Decree.
4. The Chief Inspector of the Ministry of health, the Chief Inspector of the Ministry of agriculture and rural development, the Chief Inspector of the Ministry of industry and trade, the heads are assigned functions of specialized inspection on food safety and other areas related to the food safety Department in the Ministry of health, Ministry of agriculture and rural development. , The Industry has the right to: a) caution;
b) impose a fine to a maximum prescribed in this Decree;
c) Deprived the right to use the certificate of the eligible basis of food safety has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures specified in paragraph 3 of article 3 of this Decree.
Article 34. The jurisdiction of the people's public security sanctions 1. Soldiers are the people's police on duty have the right: a) caution;
b) a fine of up to 500,000 VND.
2. The station chief, Captain of the person specified in paragraph 1 of this article has the right to: a) caution;
b) a fine of up to 1,500,000.
3. Police Chief, Township rumors level public security, Police Station Chief Station Gate, export processing zones have the right: a) caution;
b) a fine of up to 2,500,000;
c) confiscated exhibits, means of administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
d) apply remedial measures specified in point 1 article 28 of law Clause Ridin handling administrative violations.
4. Police districts; A business manager in the Police Department, railway transport, business manager in the waterway police; Head of the provincial public security including the head of the police criminal investigation about order and economic management, the Chief of traffic police, railway police, the Chief of water transport, the head of the police in crime prevention on the environment, have the right: a) caution;
b) a fine of up to 20,000,000;
c) Deprived the right to use the certificate of the eligible basis of food safety has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, the means used to administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
DD) apply remedial measures specified in point 1 article 28 of law Clause Ridin handling administrative violations and remedial measures prescribed in points a, b, c, d and paragraph 3 of article 3 of this Decree.
5. The Director of provincial public security has the right to: a) caution;
b) a fine of up to 50,000,000;
c) Deprived the right to use the certificate of the eligible basis of food safety has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, the means used to administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
DD) apply remedial measures specified in point 1 article 28 of law Clause Ridin handling administrative violations and remedial measures prescribed in points a, b, c, d and paragraph 3 of article 3 of this Decree.
6. the Director of the criminal investigation police Bureau on economic management order and position of Police Chief, road traffic, rail, waterway police Chief, the police Chief of the environmental crimes prevention has the right: a) caution;
b) impose a fine to a maximum prescribed in this Decree;
c) Deprived the right to use the certificate of the eligible basis of food safety has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures specified in point 1 article 28 of law Clause Ridin handling administrative violations and remedial measures prescribed in points a, b, c, d and paragraph 3 of article 3 of this Decree.
Article 35. The authority sanction of border guard 1. Border guard soldiers are on duty have the right: a) caution;
b) a fine of up to 500,000 VND.
2. The station chief, Captain of the person specified in paragraph 1 of this article has the right to: a) caution;
b) a fine of up to 2,500,000 VND.
3. the Chief frontier Outpost, the Chief border Squadron Squadron, Commander of the U.S. border area, the Commander of the border guards the gate of the port has the right:

a) caution;
b) a fine of up to 20,000,000;
c) confiscated exhibits, means of administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
d) apply remedial measures specified in point 1 article 28 of law Clause Ridin handling administrative violations and remedial measures prescribed in points a, b, c, d and paragraph 3 of article 3 of this Decree.
4. the Commander of the provincial border guard, Commander of the squadron directly border the Commander of border guard has the right to: a) caution;
b) impose a fine to a maximum prescribed in this Decree;
c) Deprived the right to use the certificate of the eligible basis of food safety has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures specified in point 1 article 28 of law Clause Ridin handling administrative violations and remedial measures prescribed in points a, b, c, d and paragraph 3 of article 3 of this Decree.
Article 36. The authority sanction of Coast Guard 1. The marine police are police on duty have the right: a) caution;
b) a fine of up to 1,500,000.
2. Chief of marine police profession Nest has the right: a) caution;
b) fines up to 5,000,000 đồng.
3. The captain of the coast guard services, marine police station chief Station has the right to: a) caution;
b) a fine of up to 10,000,000;
c) apply remedial measures specified in point 1 article 28 of law Clause Ridin handling administrative violations.
4. The Division Head of Coast Guard squadron has the right: a) caution;
b) a fine of up to 20,000,000;
c) confiscated exhibits, the means used to administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
d) apply remedial measures specified in point d and point 1 article 28 of law Clause Ridin handling administrative violations and remedial measures prescribed in points a, b, c, d and paragraph 3 of article 3 of this Decree.
5. Chief Squadron Squadron police marine reserves: a) caution;
b) a fine of up to 30,000,000 VND;
c) confiscated exhibits, the means used to administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
d) apply remedial measures specified in point d and point 1 article 28 of law Clause Ridin handling administrative violations and remedial measures prescribed in points a, b, c, d and paragraph 3 of article 3 of this Decree.
6. the Commander of the Marine Police Region has the right to: a) caution;
b) a fine of up to 50,000,000;
c) confiscated exhibits, the means used to administrative violations have value not to exceed the level of the fines specified in point b of this Paragraph;
d) apply remedial measures specified in point d and point 1 article 28 of law Clause Ridin handling administrative violations and remedial measures prescribed in points a, b, c, d and paragraph 3 of article 3 of this Decree.
7. the Director General Coast Guard has the right to: a) caution;
b) impose a fine to a maximum prescribed in this Decree;
c) Deprived the right to use the certificate of the eligible basis of food safety has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures specified in point d and point 1 article 28 of law Clause Ridin handling administrative violations and remedial measures prescribed in points a, b, c, d and paragraph 3 of article 3 of this Decree.
Article 37. The authority sanction of other bodies and delineate the authority sanction of food safety 1. Who has the authority to sanction of the Agency: market management, public security (except the titles specified in clause 4 of this), other specialised inspection, customs, border guard, Coast Guard and other agencies have the authority to sanction under the provisions of Law handling administrative violations have the authority sanctioning administrative violations and corrective measures applied late results for the acts specified in this Decree in the field, was assigned and by function, the tasks assigned to it.
2. the President of the people's Committee of the authority sanctioning administrative violations and adopt remedial measures with respect to the acts specified in this Decree in management.
3. specialized inspections: health, agriculture and rural development, industry and Commerce authority sanctioning administrative violations and adopt remedial measures with respect to the acts specified in this Decree in the scope and management tasks.
4. Soldiers of public security in The social security, district level, provincial level, rumors of public security stations, immigration, export processing zones; Police Chief, Township rumors level public security, Police Station Chief Station Gate, export processing zones, the Minister of public security, the Director of the provincial public security authority sanctioning administrative violations and adopt remedial measures with respect to the acts specified in this Decree in management.
Chapter IV Article 38 ENFORCEMENT TERMS. Effect 1. The Decree has effect as from 31 December 2013.
2. Decree No. 91/2012/ND-CP on November 8th, 2012 of the Government sanctioning administrative violations of food safety expired from the date of the Decree has effect.
Article 39. Transitional provision The administrative violations of food safety occurs prior to the date of this Decree in force that were discovered or are considering, addressed the application of the provisions that are beneficial to the individual, organization, violates.
Article 40. Responsibilities and enforcement 1. The Minister of health is responsible for guiding the Organization, and examined the enforcement of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's Committee and the agencies, organizations, individuals responsible for the implementation of this Decree.