The Ministry of Public Security proposes to sentence people selling fake food to up to 10 years in prison

Lam Duy |

The Ministry of Public Security said it will propose to increase the severity of penalties for crimes in the food sector when amending and supplementing the Penal Code.

As reported by Lao Dong, the Investigation Police Agency of the Ministry of Public Security has prosecuted and arrested many subjects in the fake milk production ring at Rance Pharma International Pharmaceutical Joint Stock Company, Hacofood Group Nutrition Pharmaceutical Joint Stock Company, seizing 84 types of powdered milk products and more than 26,000 cans of milk.

Up to now, the Investigation Police Agency of the Ministry of Public Security has determined that there are 12 food and nutritional products (powdered milk), with quality indicators for some main substances only reaching below 70% of the announced level, identified as counterfeit goods (fake about quality). At the same time, it is continuing to investigate and clarify the remaining 72 products.

Regarding the above case, Major General Hoang Anh Tuyen - Deputy Chief of Office of the Ministry of Public Security, Spokesperson of the Ministry of Public Security - said that in the coming time, professional units will focus on investigating, verifying, and comprehensively and thoroughly handling acts with signs of crime related to the field of advertising to increase deterrence and prevention.

At the same time, review loopholes, shortcomings and inadequacies in the legal system on food safety, commercial business, and consumer protection to advise and recommend competent authorities to promptly amend and supplement regulations, close loopholes, prevent subjects from taking advantage to commit crimes, protect consumers in a more strict and specific direction, attach direct responsibility to state management agencies, organizations and individuals producing, trading, and promoting food products.

Major General Hoang Anh Tuyen said that the Ministry of Public Security will propose to increase the penalty level for crimes in this field during the process of amending and supplementing the Penal Code.

Notably, the Ministry of Public Security is also seeking opinions on the draft Penal Code (amended), which proposes to increase the penalty for the crime of manufacturing and trading counterfeit goods such as food, foodstuffs, and food additives.

In which, for the crime of producing and trading counterfeit goods such as food, foodstuffs, and food additives, Article 193 of the draft Penal Code (amended) stipulates:

1. Those who produce or trade fake goods such as food, foodstuffs, or food additives will be imprisoned from 2 to 5 years.

2. Committing a crime in one of the following cases shall be subject to imprisonment from 5 to 10 years:

Having an organization; Having a professional nature; Dangerous recidivism; Taking advantage of position and power; Taking advantage of the name of an agency or organization; Trading across borders;

The fake goods are equivalent to the number of genuine goods or goods with the same technical features and uses worth from 300,000,000 VND to under 1,000,000,000,000 VND; Illicit profits from VND 200,000,000 to under VND 1,000,000,000;

Causing injury or damage to the health of others with a body injury rate of 31% to 60%; Causing property damage from 200,000,000 VND to less than 1,000,000,000 VND;

Currently, Article 193 of the 2015 Penal Code (amended in 2017) does not have regulations on penalties for sellers of counterfeit food, food, and food additives on e-commerce platforms.

Lam Duy
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