HCMC – The Ministry of Public Security has proposed adding a new offense for producing and trading substandard goods in the draft of a revised Penal Code, while the Ministry of Health has proposed raising food safety fines to up to VND100 million for individuals and VND200 million for organizations.
The Ministry of Public Security is seeking feedback on the draft, which separates violations involving counterfeit goods from those involving substandard goods. Current law sets out four counterfeit-related offenses under Articles 192 to 195, covering counterfeit goods, food and food additives, medicines, and agricultural inputs.
The ministry said existing provisions do not clearly distinguish between counterfeit and substandard goods, despite differences in the nature and severity of the acts. Applying the same provisions to both has not ensured proper classification of offenses or fairness in enforcement. The proposed addition aims to address these gaps.
Separately, the Ministry of Justice is appraising a draft decree, prepared by the Ministry of Health, to replace Decree 115/2018 on administrative penalties for food safety violations.
The draft proposes fines of VND80 million to VND100 million for using animals that died from disease or were culled to produce or sell food products valued below VND10 million. The same penalty range is proposed for using non-food-grade animal or plant materials, substances or chemicals in food production.
For violations involving products valued at VND10 million or more but not subject to criminal prosecution, similar fines are proposed. The draft raises penalty levels compared with current regulations.
