| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --------------- |
| No. 91/2012/ND-CP | Hanoi, November 08, 2012 |
DECREE
ON THE PENALTIES FOR ADMINISTRATIVE VIOLATIONS OF FOOD SAFETY
Pursuant to the Law on Government organization dated December 25th 2001;
Pursuant to the Law of Food safety dated June 17th 2010;
Pursuant to the Ordinance on Handling administrative violations dated July 02nd 2002; the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations dated April 02nd 2008;
At the proposal of the Minister of Health;
The Government promulgates a Decree on the penalties for administrative violations of food safety,
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
1. The Government prescribes the acts of violations, the forms and levels of penalties, the remedial measures, and the authority to impose penalties for administrative violations of food safety.
2. The acts of administrative violations of food safety are acts committed by organizations and individuals that deliberately or unintentionally violate the law regulations on food safety that do not constitute a crime, and must be administratively penalized as prescribed in this Decree.
3. The acts of administrative violations of food safety prescribed in this Decree include:
a) The violations of the regulations on food safety assurance;
b) The violations of the regulations on the conditions for food safety during the production and provision of food;
c) The violations of the regulations on safety conditions for imported and exported food;
d) The violations of regulations on the advertisement, information, education, dissemination about food safety, and food labeling;
dd) The violations of the regulations on testing food, analyzing risks, preventing and resolving food safety incidents; tracing origins, recalling and handling unsafe food; obstructing the State management of food safety.
4. The acts of administrative violations of food safety prescribed in this Decree that are already prescribed in other Decrees, this Decree shall apply.
Article 2. Subjects of application
1. This Decree is applicable to the organizations and individuals that commit violations of food safety prescribed, unless otherwise prescribed by the International Agreements to which Vietnam is a signatory.
2. The individuals being public employees and officers that commit the violations prescribed in this Decree during their work shall not be administratively penalized, and shall be subject to disciplinary actions as prescribed by law regulations on public employees and officers.
Article 3. The forms of penalties for administrative violations and remedial measures
