The Ministry of Justice has just announced the document of drafting the Criminal Code (amended) by the Ministry of Public Security, which is expected to submit to the National Assembly for consideration and comments, through the order and procedures for shortened at the 10th session, the XV National Assembly in October, 2025.
In the draft, the Ministry of Public Security proposed to add a prison sentence for violations of production and trading of counterfeit goods such as food, foodstuffs, and food additives operating on e-commerce platforms.
Accordingly, Article 193 of the draft Penal Code (amended), regulating the crime of production and trading of counterfeit goods such as food, foodstuffs, and food additives, the fine for this behavior is proposed to be doubled, from 20-100 million VND to 40-200 million VND.
Along with that, individuals who commit crimes are banned from practicing, doing certain jobs for 1-5 years, and have part or all of their assets confiscated. Commercial lawyers may be fined from 18-36 billion VND, double the current fine.
Law Firms that violate the law will also be permanently suspended from operation if they cause damage or are likely to cause damage to the lives of many people, cause environmental incidents, negatively affect security, order, and social safety, and are unable to remedy the consequences.
Notably, the act of producing and trading counterfeit goods such as food, foodstuffs, and food additives "operating on e-commerce platforms with 500 or more people's access" is proposed to be subject to a prison sentence of 5-10 years.
In addition, Article 317 of the draft regulating the crime of violating regulations on food safety clearly states the violations.
Accordingly, the use of chemicals, pesticides, and food additives is prohibited, outside the list of ingredients used in food, or not yet permitted for circulation in Vietnam; the use of dead animals with epidemic origin is forced to be destroyed for food processing and trading; import, supply or sale of food containing additives, banned substances, etc.
These acts can be fined from VND300 million to VND3 billion, depending on the amount of profit and the severity of the person.
The draft also proposes to increase the minimum prison sentence for this offender from 1 year to 3 years. The lightest penalty range from 1-5 years to 3-7 years. The highest penalty is also proposed to be increased from 12-20 years to 15-20 years in prison.
Article 317 of the current Penal Code applies a fine of 50-200 million VND or a prison sentence of 1-3 years for those who use substances, chemicals, antibiotics, veterinary drugs, pesticides, food additives or food processing aids that are known to be banned or are not on the list of permitted uses in food production... In the draft Law on Amendment, the Ministry of Public Security proposes to remove the phrase "not knowing".
