The recent incident involving C.P. Vietnam Corporation—allegedly slaughtering and selling pork and pork-based food products from diseased pigs—has drawn significant public attention. According to media reports, the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment have submitted a written request for the Ministry of Public Security to investigate the matter. If the allegations are substantiated, the company may face severe legal consequences, ranging from administrative sanctions and civil compensation to criminal prosecution of individuals involved.
From a legal perspective, this case raises serious issues concerning business ethics, the duty to ensure food safety, and the extent of legal liability for both corporate entities and individuals within the company.
Legal framework governing violations of food safety regulations
1. Criminal liability: Applies to Individuals, Not Legal Entities in Food Safety Violations
Under the 2015 Penal Code (amended and supplemented in 2017), the act of using animals that died from disease or were destroyed according to legal provisions for food processing or sale—if causing serious consequences—may constitute a criminal offense under Article 317 – Violation of regulations on food safety.
This offense only applies to individuals—such as directors, production managers, or those responsible for product quality in the company. If convicted, penalties can be as severe as 20 years’ imprisonment, depending on the consequences, including damage to health, loss of life, or the value of the unsafe goods involved.
In contrast, commercial legal entities (i.e., businesses) are not criminally liable under Article 317. A company may only be held criminally liable if its conduct falls under one of the 33 offenses specified in Article 76 of the Penal Code. In the food sector, a legal entity can only face criminal charges under Article 193 – Manufacturing and trading in counterfeit food, which requires fraudulent conduct such as falsifying labels or misrepresenting the nature of goods—not merely producing poor-quality or unsafe products.
2. Administrative Liability: Heavy Penalties for Using Unsafe Ingredients
According to Decree No. 115/2018/ND-CP of the Government on administrative penalties in the field of food safety, using animals that died due to disease or were destroyed for food processing or supply may be subject to an administrative fine of up to VND 200 million, or 5–7 times the value of the violating goods, whichever is higher.
Additional penalties may include:
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Suspension of food production or processing activities for up to 12 months;
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Revocation of the certificate of product declaration registration for up to 24 months;
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Mandatory destruction of contaminated ingredients and food products and withdrawal of the product self-declaration, if applicable.
3. Civil liability: Consumers have the right to seek compensation
If consumers suffer harm to their health or lives due to consuming unsafe pork-based products, the business may also be held civilly liable for damages under the 2015 Civil Code.
In particular, if a consumer's health is harmed, the liable party must compensate for all resulting damages, including:
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Medical examination and treatment costs;
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Loss or reduction of income;
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Caregiving expenses, if the consumer becomes incapacitated and needs continuous care;
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Other relevant losses.
Conclusion: Public trust must not be traded for profit
Food safety is one of the most critical components in protecting public health. Violations in this area not only lead to immediate consequences but also erode consumer trust, damage the reputation of the industry, and destabilize the business environment.
Although the case involving C.P. Vietnam is still under inspection and investigation with no final conclusion yet, the incident has sparked widespread public concern—especially at a time when multiple serious food safety violations are being exposed and publicly disclosed. This case has further fueled consumer anxiety about pre-processed food products on the market, and businesses associated with such negative publicity will undoubtedly suffer severe reputational and commercial consequences.
This situation compels food businesses to exercise extra caution in quality control and safety assurance for products they manufacture and/or distribute. Now more than ever, companies and entrepreneurs must recognize that profit cannot be pursued at all costs—especially not at the expense of the community’s health and trust.
The above article by ATA Legal Services was also covered by Life & Law Newspaper at: https://doisongphapluat.com.vn/tu-vu-doanh-nghiep-bi-to-ban-thit-lon-benh-luat-su-phan-tich-tinh-huong-phap-ly-ra-sao-a681633.html
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