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Food Law Guide - Vietnam

Baker McKenzie

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Vietnam December 16 2015

Vietnam Food product and safety regulation Overview The Vietnamese National Assembly adopted the Law No. 55/2010/QH12 on Food Safety on June 17, 2010 ("Food Safety Law"). The Food Safety Law stipulates the rights and obligations of manufacturers and traders of food products in relation to food safety; manufacturing conditions to assure food safety, food business operations, importing and exporting food, food advertising, food labelling, and preventing breakdowns in food safety and properly handling breakdowns if they do occur. In addition to the Food Safety Law, food products are regulated by: ● Decree No. 38/2012/ND-CP dated April 25, 2012 of the Government, Providing Detailed Regulations Regarding Some Provisions of Food Safety Law ("Decree No. 38"); and ● Circular No. 19/2012/TT-BYT dated November 9, 2012 of the Ministry of Health, Guiding the Regulation Conformity Announcement And Announcement On Conformity With Regulation on Food Safety. Regarding the use/addition of additives and processing aids to food products, the Food Safety Law generally states that manufacturers and traders are not allowed to use materials which have passed their shelf life, or are not listed as permitted to use, or that exceed the allowable dosage. 1 The term "food additives" is defined in the Food Safety Law as a substance with or without nutritional value, which is intentionally added to food in the process of production in order to retain or improve particular characteristics of the food.2 The Vietnamese jurisdiction recognises specific regulations regarding the use/addition of food additives in Circular No. 27/2012/TT-BYT dated November 30, 2012 of the Ministry of Health, Guiding on the Management of Food Additives. This Circular provides a list of permissible food additives in the production, processing, and trade of foods, and the maximum limits on the amount of food additives in food products. The term "processing aids" is defined in the Food Safety Law as a substance which is intentionally used in the processing of food materials or food ingredients in order to achieve a technological purpose and can be removed from or remains in the food. The regulations on the use as well as the allowable dosage of processing aids are detailed in Decision No. 46/2007/QD-BYT dated December 19, 2007 and Circular No. 24/2013/TT-BYT dated August 14, 2013 of the Ministry of Health, on Promulgation "Regulation of maximum Level of Biological and Chemical Pollution in Food". Before being circulated in the Vietnamese market, any food additives and/or processing aids must be granted 'Conformity Announcement And Announcement On Conformity With Regulation on Food Safety.' With respect to "functional foods", the Ministry of Health promulgated Circular No. 43/2014/TTBYT (“Circular No. 43”) providing the definition of functional foods. Accordingly, functional foods consist of food supplements, health supplements, and medical foods, including foods for special diets. Vietnamese food legislation provides certain guidelines for the use/addition of vitamins, minerals and nutritive substances in food, or the maximum amount of those allowed for foods. The national technical regulations set forth certain requirements regarding the amount of vitamins, minerals and nutritive substances that can be added to food. For functional foods, health supplements and medical foods, Circular No. 43 also sets forth Recommended Nutrient Intakes (RNI), which governs the maximum amount that manufacturers may add to such foods . Generally speaking, food and therapeutic goods are distinguished based on the principal use of such products. The regulations on medicines/therapeutic goods are separately stipulated in Law No. 34/2005/QH11 on Pharmacy adopted by the National Assembly on June 14, 2005 and its implemented regulations. Drugs/medicines/therapeutic goods are substances or mixtures of substances for human use intended for the purpose of prophylaxis, therapy or the diagnosis of disease or modification of physiological functions of the human body. These can consist of finished drugs, raw materials for drug manufacturing, vaccines and biological medical products other than functional foods. In addition to the Food Safety Law, some foods are subject to additional regulation. For example, wine and wine products are subject to the separate regulations under Decree No. 94/2012/ND-CP dated November 12, 2012 of the Government on Production and Trading Wine. ---------- 1. Id, Article 5.3. 2. Id, Article 2.13. Vietnam Basic labelling requirements The labelling regulations of Vietnam require the below information to be clearly stated on the label for food products:3 ● Name of the food: Must not mislead consumers/customers about the substance and uses of the food; ● Name and address of the organization or individual responsible for the food: Must be written in full and not abbreviated; ● Origin of food: Name of the country or territory where the food is made; ● Quantity: The quantity unit of measure must comply with Vietnamese law [e.g. kilogram (kg), gram (g) and milligram (mg); or litre (l), millilitre (ml)]; ● Date of manufacture and expiry date: The date of manufacture and the expiry date must be presented in this order: dd/mm/yy or dd/mm/yyyy, according to the calendar year. The terms, “date of manufacture”, “expiry date” or “preservation period”, may be written in full or abbreviated with capital letters, i.e., "NSX" (which means "date of manufacture"), "HSD" (which means "expiry date") or "HBQ" (which means "preservation period"); ● Ingredients or ingredient quantities; ● Hygiene and safety information/warning: No specific requirements. The manufacturer and the importer are obliged to provide consumers with specific warnings or instructions for the use and preservation of the products (e.g. “Not suitable for children”). The warnings may be presented in letters, images or symbols according to international practice and the relevant regulations; ● Instructions for use and preservation; and ● Registration number of the Receipt of Announcement on Conformity with Technical Regulations / Registration number of Announcement on Conformity with Food Safety Regulations. In addition, depending on the type of packaged food, the label must also satisfy the following requirements: 4 ● For food supplements , the label must clearly state that it is a food supplement, or must indicate the group name as specified in the applicable national technical regulations. The label must indicate any targeted consumers in conformity with the announced Recommended Nutrient Intakes (RNI) or scientific evidence. ● For health supplements, the label must clearly state that it is a health supplement to differentiate it from other foods or medicines. The label must state: "This product is not a medicine, not effective to replace medicines". If the main ingredient is used as the name of the product, the content of active element (if quantifiable), or the content of such ingredient must be indicated together with the name of the product.For medical nutritional foods, in addition to  the indication of the phrase: Medical Nutritional Food, the main label must include the phrase "For patient use under surveillance of medical staff". The label must also indicate the hygiene instructions and other food safety instructions for targeted consumers. ● For medical nutritional foods, in addition to the indication of the phrase: Medical Nutritional Food, the main label must include the phrase "For patient use under surveillance of medical staff". The label must also indicate the hygiene instructions and other food safety instructions for targeted consumers. ------------- 3. Article 11, Decree No. 89/2006/ND-CP dated August 30, 2006 by the Government, Regarding Goods Label; Article 5, Joint Circular No. 34/2014/TTLT-BYT-BNNPTNT-BCT dated 27 October 2014; 4. Circular No. 43/2014/TT-BYT (“Circular No. 43”); 5. Article 11.4, Circular No. 43/2014/TT-BYT (“Circular No. 43”); Vietnam Language and legibility requirements The organization and individual responsible for the labelling of the food are entitled to determine the size of the label, as long as the label presents all compulsory information and is capable of being easily read by the naked eye.6 For packaged food, there is requirement of minimum font size for the compulsory information.7 Please note, for the same information presented on both foreign and Vietnamese labels, the font size of the foreign language must not be bigger than the Vietnamese font size. 8 The organization or individual responsible for the labelling of the goods must ensure that the colours of the letters, signs, numbers, drawings, images, marks, etc. present on the label are clear. In particular, the colour in which the compulsory information is expressed, must contrast with the background colour of the label. All compulsory information must be expressed in Vietnamese. Vietnamese law does not require the translation of any optional information written in a foreign language. Vietnamese law allows some contents to be presented in other Latin origin languages, including: 9 ● The name and address of the foreign manufacturer; ● The international names or scientific names of the chemical or chemical composition formulas; ● The international names or scientific names of the ingredients or their quantities, if they cannot be translated into Vietnamese or their Vietnamese translation is meaningless; and ● The international names or scientific names of medicines for human use, if they do not have corresponding Vietnamese names. ------- 6. Article 7 Decree 89. 7. Article 3.3, Joint Circular No. ; Article 5, Joint Circular No. 34/2014/TTLT-BYT-BNNPTNT-BCT dated 27 October 2014; 8. Section I.3(c) Circular No. 09/2007/TT-BKHCN dated April 6, 2007 by the Ministry of Science and Technology, Guiding the Implementation of A Number of Articles of Decree 89 on Labelling of Goods, as supplemented by Circular No. 14/2007/TT-BKHCN ("Circular 09"). 9. Article 9.4, Decree No. 89/2006/ND-CP dated August 30, 2006 by the Government, Regarding Goods Label. Vietnam Country of origin labelling The Law No. 55/2010/QH12 on Food Safety requires that all packaged foods must include a statement on the package that identifies the country in which it was made or produced. If a food product is manufactured by two or more organizations or individuals, then the packaged food must include a statement on the package that identifies the country, name and address of the organization or individual performing the last step to finish the product before such product is put into circulation. Furthermore, the Law No. 59/2010/QH12 on Protection of Consumers' Rights adopted by the National Assembly on November 17, 2010 and Product and Goods Quality Law prohibits traders from making false or misleading representations about the place of origin of goods. The mandatory requirement for country of origin labelling also applies to all imported food. Vietnam Genetically modified foods All genetically modified foods and ingredients intended for sale must be subjected to a safety evaluation by the Vietnam Ministry of Agriculture and Rural Development. Such GM foods must be granted a 'Certificate of Genetically Modified Organisms Which Are Eligible For Use As Food' before being put in the Vietnamese market. This process generally takes a minimum of 8-10 months.10 The law requires that organizations and individuals circulating GM foods or foods containing genetically modified organisms at a rate greater than 5% of each component must, in addition to complying with the provisions of the law on labelling, also declare on the label specific information about the genetically modified organisms. 11 It is compulsory for the statement "genetically modified" to appear on the label of GM foods.12 ------------------- 10. Article 28, Decree No. 69/2010/ND-CP dated June 21, 2010 by the Government on Biosafety for Genetically Modified Organisms, Genetic Specimens and Products of Genetically Modified Organisms. 11. Article 11.2 Decree No. 38/2012/ND-CP dated April 25, 2012 of the Government, Providing Detailed Regulations Regarding Some Provisions of Law No. 55/2010/QH12 on Food Safety ("Decree No. 38"). 12. Article 44.2, Law No. 55/2010/QH12 on Food Safety. Vietnam Nutrition content claims and health claims Vietnamese law provides certain regulations addressing claims about the presence or absence of nutritional properties of a processed food, a food additive, or a food processing aid under Joint Circular No. 34/2014/TTLT-BYT-BNNPTNT-BCT (“Joint Circular No. 34”), and for functional foods under Circular No. 43/2014/TT-BYT (“Circular No. 43”). In general, ingredients and ingredients' quantity are amongst the compulsory contents which must be stated upon the label of food products.13 Claims about the presence or absence of specific ingredients for the sole purpose of advertisement are prohibited if the functionality of such ingredient is similar to that of other ingredients in the same group.14 Health claims must be supported by scientific evidence. Following are regulations relating to Nutrition Content Claims and Health Claims for certain types of food: ● For food supplements: Nutrition Content/Health Claims must not apply to ingredients, of which the content in the food is lower than 10% Recommended Nutrient Intakes (RNI) thresholds.15 ● For health supplements: Nutrition Content Claims must not apply to ingredients of which the content in the food is lower than 15% RNI thresholds. Health Claims must comply with scientific evidence. If the content of an ingredient is lower than the threshold stated in such scientific evidence, the manufacturer must not make health claims for such ingredients. ● For medical food: Nutrition Content/Health Claims apply to all nutritional ingredients on the basis of RNI on serving sizes. ---------------------- 13. Article 12.2 Decree No. 89/2006/ND-CP dated August 30, 2006 by the Government, Regarding Goods Label. 14. Article 11.4, Joint Circular No. 34/2014/TTLT-BYT-BNNPTNT-BCT (“Joint Circular No. 34”). 15. The RNI thresholds are regulated under Circular No. 43/2014/TT-BYT (“Circular No. 43”); Vietnam Mandatory warnings and advisory statements It is compulsory under Vietnamese law to include safety warnings/instructions on the label of food products.16 Vietnamese law, however, is silent on how such warnings/instructions must be presented. For ingredients or substances in compound ingredients of "goods of special categories" which contain "preservatives" with a prescribed dosage and are included on the list of those which may cause allergic reactions or be harmful to humans, animals and the environment, the names of such preservatives must be presented on the label. It is unclear which goods are of special categories.17 -------------- 16. Article 12.2 Decree No. 89/2006/ND-CP dated August 30, 2006 by the Government, Regarding Goods Label. 17. Article 12.2 Decree No. 89/2006/ND-CP dated August 30, 2006 by the Government, Regarding Goods Label. Vietnam Trade measurement markings Measurement markings shall follow international standards.18 For liquid food, measurement marking shall refer to the net volume. For solid food, measurement marking refer to the net weight. Both methods of measurement markings shall apply if the product consist of both characteristics. ---------------------------------- 18. Article 8, Joint Circular No. 34/2014/TTLT-BYT-BNNPTNT-BCT (“Joint Circular No. 34”). Vietnam Product recalls The Law No. 55/2010/QH12 on Food Safety requires that the following foods must be recalled: 19 ● Foods which are still marketed after their shelf life; ● Foods not conforming with relevant technical regulations; ● Foods that are new technological products not yet permitted for circulation; ● Foods which degenerate during the process of preservation, transportation or trading; ● Foods containing substances which are banned from use or have contaminants in excess of the allowable limits. After being recalled, unsafe foods must be handled in one of the following ways: ● Correction of products' flaws or labelling errors; ● Change of use purposes; ● Re-export; or ● Destruction. The traders or producers of unsafe foods may voluntarily recall these foods, or must recall them if directed by a competent state authority. Producers and traders of recalled foods must publish information about the recall and must pay all expenses for recalling and disposing of such recalled foods. In some emergency cases, state authorities may directly recall and dispose of the unsafe foods and afterward request the traders or producers to reimburse the recall and disposal expenses. Furthermore, under the Law No. 59/2010/QH12 on Protection of Consumers' Rights, upon the detection of defective products, manufacturers/traders must promptly take all necessary measures to stop the supply of such detective products in the market. This includes recall of the defective products and the publication of information regarding the defective products on at least 5 consecutive issues of a daily newspaper or 5 consecutive days on the radio or television of the locality where such products are circulated. Additionally, if the defective products cause serious harm to the life or health of consumers, the traders/manufacturers must pay compensation to the consumers (even when they are not aware of or not at fault for such defects). ------------------ 19.Article 55 of Law No. 55/2010/QH12 on Food Safety. Vietnam Food safety Under the Law No. 59/2010/QH12 on Protection of Consumers' Rights, upon the detection of defective products, including food products, manufacturers/traders must promptly take all necessary measures to stop the supply of such defective products in the market. Information must be published regarding the defective products in at least 5 consecutive issues of a daily newspaper or 5 consecutive days on the radio or television of the locality where such products are circulated.20 The following content must be announced: ● Description of the goods to be recalled; ● Reasons for the recall and warning of damage possibly caused by defects of such goods; ● Time, place and mode of recall; ● Time and mode of remedy of defects; ● Necessary measures to protect consumer rights during the recall; After completing the product recall, a report on the results must be sent to the competent authorities, i.e. Vietnam Competition Authority. Additionally, if the defective products cause serious harm to the life or health of consumers, even when they are not aware about or not at fault for such defects, the traders/manufacturers must pay compensation to the consumers.21 ------------- 20. Article 22, Law No. 59/2010/QH12 on Protection of Consumers' Rights. 21. Article 23, Law No. 59/2010/QH12 on Protection of Consumers' Rights. Vietnam Advertising claims Generally, all advertising activities in Vietnam are governed by the Law No. 16/2012/QH13 on Advertising adopted by the National Assembly on 2 July 2012 ("Advertising Law"). This law also contains provisions on advertising special goods that may have an impact on human health. Regarding the content of advertising, including advertising claims, the Advertising Law and other food legislation contains provisions which, in general terms, make it an offence to pack, label or advertise a food in a manner that is false, misleading or deceptive. The content must be truthful, accurate and clear without causing damage to producers, traders and advertisement recipients. Furthermore, the following are prohibited: ● Advertising which is untruthful or causes confusion regarding: ❍ the business competence or the ability to provide products, goods and services of organizations and individuals trading in such products, goods and services; ❍ the quantity, quality, prices, utilities, designs, packages, brand names, origins, types, methods of service, and warranty duration of the products, goods and services as registered or announced; ● Advertising using direct comparison of the prices, quality and efficiency of one’s products, goods or services against those of another’s products, goods or services of the same type; and ● Advertising using the words “best”, “only”, “the best”, “number one” or words with similar meaning but that are not supported with evidentiary documents as stipulated by the Ministry of Culture, Sports and Tourism. In addition, the Product and Goods Quality Law and Law No. 59/2010/QH12 on Protection of Consumers' Rights contains a number of provisions that regulate advertising for food products, most notably: ● prohibits traders/manufacturers from engaging in misleading or deceptive conduct, or conduct that is likely to mislead or deceive; ● prohibits traders/manufacturers from making certain false or misleading representations in connection with the supply or possible supply of goods or services; and ● prohibits traders/manufacturers from engaging in conduct that is liable to mislead the public as to the nature, manufacturing process, characteristics, suitability for their purpose or the quantity of any goods. Vietnam Credence claims The Vietnamese legislation on foods does not recognize any mandated regulatory system regarding credence claims. Vietnam Licensing and approvals requirements to import/export food Customs registration Before being imported into Vietnam, imported food products must satisfy the following: ● The Conformity Announcement or Announcement On Conformity With Regulation on Food Safety must be registered at a competent state agency ● Certificate of Compliance with the Foods Import Requirements must be issued by a designated inspection agency for each consignment. ● A Certificate of Food Hygiene and Safety must be obtained. In addition to the above, a Certificate of Free Sale or Health Certificate from the originating country is required for functional foods, micronutrient-fortified foods, genetically modified foods and irradiated foods. Vietnam Import permit The Vietnamese legislation on foods does not recognize a separate import permit for food products. In order to import food products into Vietnam and circulate such imported food products in the Vietnamese market, the importer/trader must carry out the following procedures: ● Register the Conformity Announcement or Announcement On Conformity With Regulation on Food Safety; ● Obtain a Certificate of Compliance with the Foods Import Requirements; and ● Obtain a Certificate of Food Hygiene and Safety In practice, this process may take up to three (3) months. Vietnam Inspection and testing of imported foods Food products entering Vietnam are subject to the State inspection for food safety. Imported food products are transported to warehouses for preservation pending customs clearance only when they have registration for food safety inspection. The customs clearance will only be effected when there is a written certification of satisfaction of import requirements. The following cases will be exempted from the inspection: ● Food imported for private consumption within the norms exempted from import duties; ● Food in diplomatic bags or consular bags; ● Food in transit and transhipment; ● Food sent in bonded warehouses; ● Food to be used as a prototype or research sample; and ● Food to be used as samples displayed in fairs, exhibitions. Please note that at least 5 days before the arrival of the goods at a port or border gate, the importer must register for the hygiene and safety inspection with the competent inspection agency. Inspection agencies are technically specialised agencies possessing sufficient technical conditions and capabilities. They are assigned by the Ministry of Health to perform this specific function (e.g. the Institute of Hygiene and Public Health of certain cities and provinces). In order to avoid costs and delays associated with inspection and testing under the State inspection, the exporting countries may consider the Vietnam Treaty on Mutual Recognition of Food Safety Certification. When making an assessment for mutual recognition, the competent authorities of the exporting countries will send a registration dossier to the relevant Ministries of Vietnam. The registration dossier will comprise: ● A list of the facilities manufacturing and trading food which will be registering for export into Vietnam by the form prescribed in Form No. 06 attached to Decree No. 38/2012/ND-CP dated April 25, 2012 of the Government, Providing Detailed Regulations Regarding Some Provisions of Law No. 55/2010/QH12 on Food Safety ("Decree No. 38"); ● A written account on the management systems and capacity for food safety control of the competent authorities of exporting countries by the form prescribed in Form No. 07 attached to Decree No. 38; and ● A summary of information on conditions to ensure food safety for facilities manufacturing or trading food by the form prescribed in Form No. 08 attached to Decree No. 38 Within 30 working days from the date of receiving complete registration dossiers listing the trading and manufacturing facilities of the competent authorities of the exporting countries, the competent authorities of the Ministries of Vietnam shall appraise and inform the competent authorities of the exporting countries the results of the appraisal and the inspection plan. This is necessary in the case that an inspection is needed for the countries exporting into Vietnam. Vietnam Export permits/clearances Export requirements differ depending on the product and destination country. The competent Vietnamese authority may grant Certificates of Free Sale, Health Certificates, Certificates of Origin or other certificates for exported food, if so requested by the country of importation. Vietnam Other notifications/approvals/licences In addition to the Conformity Announcement or Announcement On Conformity With Regulation on Food Safety, an importer/trader must obtain a 'Certificate of Food Hygiene and Safety for Distribution Centre.' This certificate is aimed at regulating the food's hygiene and the safety standards of the related trader's premises, as well as the behaviour of their staff. This certificate is not only required from the business entities that are importing and storing food products, but also for those that are selling and distributing the food products in Vietnam (i.e., traders). The term of the certificate is 3 years from the date of issuance. If an importer or trader wishes to continue producing or trading the product, they must submit an application for the renewal of the certificate within 6 months prior to the certificate expiry. Vietnam Enforcement Enforcement authorities and key responsibilities The main bodies/agencies responsible for enforcement of food related laws in Vietnam are outlined below: 1. Ministry of health, Vietnam Food Administration under Ministry of Health, Departments of Health The Vietnam Food Administration, under the Ministry of Health, is the core agency responsible for food safety. The local food authorities in each city and province are responsible for enforcing regulations on food safety in their cities/provinces. Generally speaking, the local food authorities are most concerned with violations that pose a risk to human health and/or safety. 2. Vietnam Competition Authority under the Ministry of Industry and Trade The Vietnam Competition Authority ("VCA"), under the Ministry of Industry and Trade, is the authority in charge of competition, consumer protection, and trade remedies concerning imported goods into Vietnam. The VCA consists of 6 boards, including the Antitrust Investigation Board, the Competition Policy Board, the Unfair Competition Investigation Board, the Consumer Protection Board (the Consumers' Interests Protection Associations), the Trade Remedies Board, and the International Cooperation Board. The VCA also includes the Departmental Office, the Center for Competition Information and Data and the Center for Investigator Training. The major function of the VCA is assisting the Ministry of Industry and Trade in state administration over competition, consumer protection, and trade remedies concerning imported goods into Vietnam. The main obligations of the VCA are as follows: ● Promoting a fair competitive environment; ● Protecting enterprises and consumer’s interests against activities which restrict competition; ● Preventing unfair competitive practices; ● Protecting the rights and interests of consumers; ● Establishing a fair competition environment for domestic industries; and ● Supporting domestic industries to prevent foreign anti-dumping, anti-subsidy and safeguard cases. The VCA has a broad range of enforcement powers in respect of consumer rights protection. These include the power to settle complaints within its jurisdiction; to carry out or to propose remedies for violations of the Law No. 59/2010/QH12 on Protection of Consumers' Rights ("Protection of Consumers' Rights Law"); and to publicize the lists of organizations and individuals who violate the rights of consumers in the mass media and at VCA's head office as well as on the VCA website. 3. The Consumers’ Interests Protection Associations The Consumers’ Interests Protection Associations ("CIPA") under the Vietnam Competition Authority was established in accordance with the Protection of Consumers' Rights Law. Pursuant to Article 28, Protection of Consumers' Rights Law, the main obligations of the CIPA are as follows: ● To provide guidance, assistance and counselling of consumers upon request; ● To provide representation for consumers own lawsuit/s that foster the public interest; ● To provide state management agencies with information on violations of law institutions and violations of individuals trading goods and services to protect the interests of consumers; ● To conduct independent surveys to protect consumer interests, which include the following responsibilities; testing, announcing survey results, testing the quality of goods and services; checking the validity of information and warnings provided to consumers about goods and services, providing warnings to consumers and suggesting appropriate state agencies which are competent to handle violations of legislation on the protection of consumer interests; ● To participate in formulating laws, guidelines, policies, plans and measures to protect the interests of consumers; and ● To participate in advocacy, legal education and the advancement of knowledge of consumers. Vietnam Penalties for non-compliance Decree No. 178/2013/ND-CP dated November 14, 2013 of the Government on the Penalties for Administrative Violations of Food Safety ● In principle, the penalties imposed for the failure to comply with regulations on food safety is VND 100 million (USD 4,800) for individuals, and VND 200 million for organizations (USD 9,600). However, for certain violations, the penalties may be as high as 7 times of the value of violated foods. Decree No. 185/2013/ND-CP dated 15 November 2013 of the Government, Providing the Penalties on Administrative Violations in Commercial Activities, Production of, Trading in Counterfeit or Banned Goods and Protection of Consumer Rights ● Depending on the type of violation, the penalty will range from 10 million Vietnamese Dong to 30 million Vietnamese Dong (equivalent to USD 500 to USD 1,500). For example, the penalty will range from 10 million Vietnamese Dong to 20 million Vietnamese Dong (equivalent to USD 500 to USD 1,000) for providing false and misleading information regarding the products. ● The penalty will range from 10 million Vietnamese Dong to 30 million Vietnamese Dong (USD 500 to USD 1,500) for failure to comply with a product recall. Decree No. 158/2013/ND-CP dated 12 November 2013 of the Government, on Penalties for Administrative Violations Pertaining to Culture, Sports, Tourism and Advertising. ● The penalties imposed for the failure to comply with regulations on advertising of food products will range from 5 million Vietnam Dong to 30 million Vietnam Dong (equivalent to USD 250 to USD 1,500). 

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Baker McKenzie - Ross McLean, Julie Cox, Kherk Ying Chew, Isabella F. C. Liu, Christopher (Chris) M. Hodgens and Mochamad Fachri
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