Proposal to Increase Food Safety Violation Fines to 2 Billion VND: Ensuring Deterrence and Effective Enforcement

In the draft Law on Food Safety (amended), the Ministry of Health has proposed increasing the maximum fine for food safety violations to 1 billion VND for individuals and 2 billion VND for organizations. This new regulation is expected to create stronger deterrence amid the production and trade of poor-quality or counterfeit food, which causes serious consequences for public health.

According to the draft, organizations and individuals who violate regulations will face administrative penalties or criminal prosecution depending on the nature and severity of their actions. Additionally, violators are required to provide compensation and fully remedy the resulting consequences. The proposed penalty is ten times higher than the current maximum under the 2010 Law on Food Safety, which stood at 100 million VND for individuals and 200 million VND for organizations.

Associate Professor Nguyen Duy Thinh, a food technology expert, noted that increasing fines is necessary but requires practical enforcement capabilities. He emphasized that a regulation, no matter how strict, loses its significance if it cannot be effectively implemented. He argued against rigid fine structures, suggesting that penalties should be based on business scale, revenue, profits, and actual damages to ensure fairness—avoiding disproportionate impacts on small businesses while remaining significant enough to deter large corporations.

Lawyer Nguyen Van Duy, Director of Hoang Duy & Associates Law Firm, agrees on the need for flexibility. He suggested that the 1-2 billion VND cap should be viewed as a minimum threshold, while actual fines should be 'elastic,' adjusting according to the value of the illicit goods and the illegal profits gained. Notably, fines are only part of the enforcement system; for deliberate use of prohibited substances or repeat offenses, more severe measures such as revoking food safety certificates, suspending operations, or initiating criminal proceedings are necessary.

Experts also stressed the importance of individual accountability for managers and legal representatives to prevent businesses from hiding behind corporate shells to commit further violations. Publicly exposing the identities of violating establishments on national databases is considered a non-traditional but effective measure that directly impacts reputation and market viability. The Ministry of Health and the Ministry of Public Security are currently coordinating to refine these sanctions to strictly address unsafe food production practices.