Recently, the handling of the act of producing and trading fake food, foodstuffs, and food additives has received public attention, especially after many celebrities were prosecuted for this behavior.
Sending a question to the Ministry of Public Security, Mr. Nguyen Van Quang (character's name has been changed) wondered: "How will the act of producing and trading counterfeit food be handled? ".
Regarding Mr. Quang's question, the Ministry of Public Security responded on the Electronic Information Portal.
Article 193 of the Penal Code stipulates the "Crime of production and trading of counterfeit goods such as food, foodstuffs, and food additives" as follows:
Those who produce or trade fake food, foodstuffs, or food additives will be imprisoned from 2 to 5 years.
Committing a crime in one of the following cases shall be punished with 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;
Fake goods are equivalent to the number of genuine goods or goods with the same technical features and uses worth from VND 150,000,000 to under VND 500,000,000; Illicit profits from VND 100,000,000 to under 500,000,000 VND;
Causing injury or damage to the health of others with a body injury rate of 31% to 60%; Causing property damage from 100,000,000 VND to under 500,000,000 VND.
Committing a crime in one of the following cases shall be punished with imprisonment from 10 to 15 years:
Forged goods equivalent to the quantity of real goods or goods with the same technical and functional characteristics worth VND 500,000,000 or more; Illegal profits from VND 500,000,000 to under VND 1,500,000,000;
Causing property damage from VND 500,000,000 to under VND 1,500,000,000; Causing death; Causing injury or harm to the health of others with a body injury rate of 61% or more;
Causing injury or damage to the health of 2 or more people with a total bodily injury rate of 61% to 121%. Committing a crime in one of the following cases shall be subject to imprisonment from 15 to 20 years or life imprisonment:
Illegal profits of VND 1,500,000,000 or more; Causing property damage of VND 1,500,000,000 or more; killing 2 or more people;
Causing injury or damage to the health of 2 or more people with a total bodily injury rate of 122% or more.
The offender may also be fined from VND 20,000,000 to VND 100,000,000, banned from holding a position, practicing a profession or doing certain jobs for 1 - 5 years or have part or all of his/her assets confiscated.
Commercial lawyers who commit crimes specified in this Article shall be subject to the following penalties:
Committing crimes in the case specified in Clause 1 of this Article, a fine of between VND 1,000,000,000 and VND 3,000,000,000; Committing a crime in one of the cases specified at Points a, b, c, e, g, h, i and k, Clause 2 of this Article, a fine of between VND 3,000,000,000 and VND 6,000,000,000;
Committing crimes in the case specified in Clause 3 of this Article, a fine of between VND 6,000,000,000 and VND 9,000,000,000; Crime in the case specified in Clause 4 of this Article shall be fined from VND 9,000,000,000 to VND 18,000,000,000 or suspension of operations with a term of 6 months - 3 years;
Committing a crime under the provisions of Article 79 of this Code will result in permanent suspension of operations; Commercial lawyers may also be fined from VND 100,000,000 to VND 300,000,000, banned from business, banned from operating in certain fields or banned from capital mobilization for 1 - 3 years.
