Using banned substances in food processing or selling food made from contaminated inputs — when is it only an administrative offence, and when does it become a crime under Article 317 of the Penal Code? This article analyses the handling principles of the Food Safety Law, administrative fines under Decree 115/2018/ND-CP, and the new criminal penalty frames after the 1 July 2025 amendment (Law 86/2025/QH15).
1. How are food safety violations handled?
Article 6 of the Food Safety Law 55/2010/QH12 sets the principle: organisations and individuals producing or trading food in violation are subject to administrative handling or criminal prosecution depending on the nature and severity; damage caused must be compensated and remedied. Notably: where the maximum administrative fine is still lower than 7 times the value of the violating food, the fine applied may be up to 7 times the value of the violating food.
2. Common violations and administrative fines
Decree 115/2018/ND-CP (amended by Decree 124/2021/ND-CP, effective 1 January 2022) sets maximum fines of VND 100 million (individuals) / VND 200 million (organisations), except special cases reaching up to 7 times the value of the violating food (Clause 1, Article 3 of Decree 115/2018, amended by Point a, Clause 2, Article 1 of Decree 124/2021). Additional sanctions include: revocation of the food-safety-eligible establishment certificate, time-limited suspension of operations, confiscation of exhibits and equipment, and mandatory destruction or repurposing of the violating food.
3. When does a food safety violation become a crime?
The bridge from administrative to criminal is the VND 10 million threshold on the value of the violating products (measured by the value of the violating products, not the establishment’s total revenue) or the prior-record element: “having been administratively sanctioned for one of the acts in this Article or convicted of this crime, with the conviction not yet expunged, and reoffending” — a below-threshold violation with a prior record still constitutes the crime at Clause 1, Article 317.
The “knowingly” element is mandatory (wilful fault): the offender must know the substance used is banned or off-list — unintentional unawareness does not constitute the crime.
4. Article 317 Penal Code: new penalty frames from 1 July 2025
Article 317 of the Penal Code (“Crime of violating food safety regulations”) was amended by Points a and b, Clause 21, Article 1 of Law 86/2025/QH15 (effective 1 July 2025) — Clauses 1, 2 and 5 amended; Clauses 3 and 4 retained from the 2017 law:
- Clause 1: a fine of VND 100–400 million or 2–5 years’ imprisonment for:
- a) Using substances, chemicals, antibiotics, veterinary drugs, plant-protection products, additives or processing aids known to be banned or off-list, with products worth VND 10 to under 100 million, or having been administratively sanctioned/convicted of this crime and reoffending;
- b) Using animals that died of disease or epidemics, or animals subject to destruction to process, supply or sell food, with products worth VND 10 to under 100 million (or with a prior sanction/conviction and reoffending);
- c) Using substances not yet permitted for use or circulation in Vietnam, with products worth VND 100 to under 300 million (or VND 50 to under 100 million with a prior sanction/conviction and reoffending);
- d) Importing, supplying or selling food known to contain banned or off-list substances, worth VND 10 to under 100 million or with illegal profits of VND 5 to under 20 million (or with a prior sanction/conviction and reoffending);
- dd) Importing, supplying or selling food known to contain not-yet-permitted substances, worth VND 100 to under 300 million or with illegal profits of VND 50 to under 100 million (or worth VND 50 to under 100 million / profits of VND 20 to under 50 million with a prior sanction/conviction and reoffending);
- e) Committing the above acts or processing, supplying or selling food failing technical regulations, causing poisoning seriously affecting the health of 5–20 people, or causing bodily injury of 31–60%;
- Clause 2 (aggravated): a fine of VND 400 million – 1 billion or 3–7 years’ imprisonment (before 1 July 2025: maximum 5 years / VND 500 million) where: committed by an organised group; causing death; causing poisoning seriously affecting the health of 21–100 people; bodily injury of 61% or more; two or more persons with total injury of 61–121%; food using banned substances worth VND 100 to under 300 million or illegal profits of VND 20 to under 100 million; food using diseased/dead animal inputs worth VND 100 to under 300 million; food using not-yet-permitted substances worth VND 300 to under 500 million or illegal profits of VND 100 to under 200 million; dangerous recidivism;
- Clause 5 (additional penalties, amended 2025): a fine of VND 40–200 million, prohibition from holding positions or practising for 1–5 years.
5. Poisoning and death: aggravated frames
Consequences determine the aggravated frame: causing poisoning seriously affecting the health of 21–100 people, bodily injury of 61% or more, or causing death falls under Clause 2 (fines up to VND 1 billion or 3–7 years’ imprisonment). Note: ordinary food poisoning differs from “poisoning seriously affecting health” with the headcount thresholds (5–20 people at Clause 1; 21–100 at Clause 2) — not every poisoning case is a crime.
6. Article 317 vs Article 193 (counterfeit food)
Article 317 governs violations of food safety regulations (using banned substances, contaminated inputs, failing technical regulations); Article 193 governs counterfeit foodstuffs, food and food additives. These are two distinct crimes — the charge is determined by the prosecuting authorities based on the nature of the conduct.
7. Compliance checklist for food businesses
- Use only permitted additives and processing aids, at permitted dosages;
- Control input origins; never use animals that died of disease or epidemics;
- Hold and maintain the food-safety-eligible establishment certificate and hygiene conditions;
- Keep traceability records and input invoices;
- When a poisoning incident occurs: notify promptly, cooperate with authorities, remedy consequences.
8. Rights of poisoned consumers
Consumers harmed by unsafe food may claim compensation from the producer or trader (Article 6 of the Food Safety Law), complain to the food safety management authority, and report violations to the competent authority.
The information above is for reference only and does not constitute legal advice.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.
