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Official Gazette

Wednesday, November 20, 2019
Tags: food additives
Corporate liability for offenses against the economic management order in Vietnam Corporate liability for offenses against the economic management order in Vietnam
The 2015 Penal Code (revised in 2017) (the Code) is Vietnam’s first and only code that holds commercial legal persons criminally liable for committing criminal acts. This is a breakthrough in the country’s criminal justice policy and leads to a substantial change in the general perception about crime and punishment. It also applies various penalties to commercial legal persons found liable for crimes[1], including three principal penalties (fine, suspension from operation, and termination of operation), three additional penalties (prohibition from doing business or operating in certain areas, prohibition from raising capital, and fine, when not imposed as a principal penalty), and five judicial measures (confiscation of objects and money directly related to the crime; return of property, redress of or compensation for damage; coerced public apology; coerced restoration to the original state; and coerced application of measures to redress and prevent further consequences).
Personal liability and corporate liability under new Penal Code Personal liability and corporate liability under new Penal Code
On June 20, 2017, the National Assembly passed the revised Penal Code. It became effective on January 1, 2018. Several significant changes have occurred. Several acts, previously criminal, are no longer punishable. On the other hand, several previously innocent acts have been criminalized. One very large change is that an enterprise-not just an individual-may now be guilty of a crime1.
Corporate penal liability in Vietnam Corporate penal liability in Vietnam
The 2015 Penal Code marks a great progress in the country’s criminal justice by holding commercial legal entities liable for their criminal acts. Its novel provisions create a legal basis for the fight against criminal acts committed by commercial legal entities in recent years as well as for international cooperation on combating crime, especially transnational organized crime.
Notable changes in the new Penal Code at a glance Notable changes in the new Penal Code at a glance
This article summarizes significant changes in the 2015 Penal Code and its revisions in 2017, including penalizing commercial legal persons for committing certain crimes, scrapping the crime of illegally doing business, and criminally charging corruption-related offenders in the private sector.
Food enterprises get a legal boost Food enterprises get a legal boost
With a view to removing unnecessary administrative procedures and bettering the business environment for food producers and traders, the Government recently issued a new decree detailing a number of articles of the Food Safety Law.
Many charges fees to be rebated Many charges, fees to be rebated
The Ministry of Finance recently released a number of draft circulars, proposing rebate of many charges and fees payable by businesses and sent them to ministries, ministerial-agencies, Vietnam Chamber of Commerce and Industry, Vietnam Association of Seafood Exporters and Producers, and provincial-level People’s Committees for opinions.
Guarantee of human rights under the new Penal Code Guarantee of human rights under the new Penal Code
Under the recent universal periodic review, the United Nations Human Rights Council has appreciated the achievements recorded by Vietnam in realizing its commitments on human rights. It has also made hundreds of recommendations for Vietnam to better protect and guarantee human rights, 182 of which are accepted by the country. In criminal justice, 17 recommendations of the UNHRC are directly related to the formulation and revision of the 2015 Penal Code.
Food safety control remains challenging Food safety control remains challenging
Rising violations of food safety law have triggered public worry while concerned authorities appeared inactive in redressing the situation, Phuong Lien and Dinh Hang of the Tin tuc Cuoi tuan (Weekend News) reported.
Seventy three legal documents on specialized inspection to be revised Seventy three legal documents on specialized inspection to be revised
The Ministry of Finance recently requested 11 ministries to expeditiously revise 73 legal documents on specialized management and inspection of imports and exports.
Food safety management still faces problems Food safety management still faces problems
The 2010 Law on Food Safety has shifted the food safety management based on food production and trading stages to the product group-based management mechanism. This is considered an important policy addressing overlaps in the food safety management among ministries and sectors and at the same time helping define more clearly responsibilities of each ministry or sector in the field.