IMPROVING FOOD SAFETY LEGISLATION IN VIETNAM: A
CONSUMER PROTECTION PERSPECTIVE
Abstract
Food safety is a critical issue that directly impacts public health and
socio-economic development. Although Vietnam has enacted a comprehensive legal
framework in this area, several shortcomings remain in practice. These include
fragmented and overlapping regulations, inadequacies in addressing emerging
business models such as e-commerce, and limited effectiveness in monitoring and
enforcement, with sanctions lacking sufficient deterrent effect. This study
analyzes the legal framework for consumer rights protection in the field of
food safety by systematizing the provisions of the Law on Food Safety 2010 and
the Law on Protection of Consumer Rights 2023. Based on this analysis, the
authors propose recommendations to improve the legal framework and strengthen
enforcement, aiming to foster a transparent, safe, and sustainable food
consumption environment that contributes to long-term development.
Keywords: Consumer rights protection, food safety, legal framework,
enforcement
INTRODUCTION
Food must not only meet consumers’ nutritional needs but also ensure
hygiene and safety. From the selection of raw materials to production,
processing, distribution, and storage, every stage must comply with established
standards to minimize risks to consumers. Over the years, Vietnam has
continuously refined its legal framework, with the Law on Food Safety 2010
playing a pivotal role. However, despite establishing a foundational legal
framework, violations related to food safety remain widespread and complex.
Limitations in enforcement and oversight highlight the urgent need to improve
policies and legislation in this area. Strengthening the legal framework not
only safeguards consumer rights but also contributes to creating a transparent,
safe, and sustainable food market that meets contemporary development demands.
CURRENT STATE OF LEGISLATION AND ENFORCEMENT
Legal
framework for consumer protection in food safety
In Vietnam, the Law on Food Safety 2010 and the Law on Protection of
Consumer Rights 2023 are two key legal instruments safeguarding consumer rights
in the domain of food safety. Specifically:
1. Rights and obligations
of consumers:
Article 9 of the Law on Food Safety 2010 stipulates that consumers are entitled
to accurate product information, awareness of potential safety risks, the
ability to demand protection from businesses and consumer protection
organizations, and the right to file complaints, denunciations, lawsuits, and
seek compensation for damages caused by unsafe food. At the same time,
consumers are obligated to comply with safety guidelines and promptly report
any identified risks.
2. Responsibilities of
producers and businesses:
Articles 3 and 8 of the Law on Food Safety 2010 require producers and
businesses to ensure safety throughout the supply chain. They must comply with
technical standards, use raw materials of verified origin, and avoid prohibited
additives or chemicals. In case of incidents, they are obligated to trace
product origins, compensate for damages, and may face administrative or even
criminal penalties in cases of severe violations.
3. Principles of consumer
rights protection:
Article 6 of the Law on Protection of Consumer Rights 2023 highlights core
principles, including that consumer protection is a shared responsibility of
society; consumers’ legitimate rights are recognized and respected; and
protection must be timely, fair, and transparent, without infringing upon the
interests of the State or other entities.
Challenges
and shortcomings in enforcement
1. Fragmented and overlapping
management mechanisms: Food safety management in Vietnam is divided among
three agencies: the Ministry of Health (responsible for hygiene standards and
quarantine), the Ministry of Agriculture and Rural Development (responsible for
agricultural production), and the Ministry of Industry and Trade (responsible
for trade and distribution). While this division appears logical, it creates
accountability “gaps,” especially since food products often pass through
multiple stages from production to consumption.
2. Limitations in oversight
and insufficient deterrence:
The capacity for food safety inspection and enforcement remains inadequate,
primarily due to shortages in both the number and expertise of specialized
personnel. According to a 2024 report by the Ministry of Health, inspections of
354,820 food production and business facilities revealed 22,073 violations,
accounting for approximately 6.22%. From early 2023 to date, 44,739 facilities
were found in violation, but only 16,429 were sanctioned. Among these, 14,274
were fined a total of VND 66.7 billion, averaging VND 4.67 million per
facility. Additional measures, such as suspension of operations, were applied
to 136 facilities, and only 16 cases involving banned substances or counterfeit
health supplements were referred to the police. These relatively low levels of
penalties, when compared to profits derived from violations, undermine consumer
confidence.
3. Lagging legislation for
new business models: The
rapid growth of e-commerce, particularly food sales through livestreams on
social media platforms, presents significant challenges for regulators and
consumers, as tracing product origins is difficult. Although the Law on Food
Safety 2010 mandates disclosure of product origins, a 2024 survey by the
Vietnam Consumer Protection Association revealed that more than 60% of
functional foods advertised via livestreams lacked clear labeling or safety
certification. Furthermore, regulations on collective kitchens show significant
gaps, as reflected in recurring food poisoning incidents in factories and
schools.
4. Limited consumer
awareness and self-protection: Many consumers remain hesitant to exercise their rights to complain or
report violations, despite clear legal provisions. This reluctance stems from
fear, lack of legal knowledge, difficulties in evidence collection, and
complicated administrative procedures. In addition, public campaigns on food
safety awareness remain superficial and have not effectively equipped consumers
with the knowledge and skills necessary to protect themselves from unsafe food
risks.
PROPOSED SOLUTIONS
Legal improvements: Introduce specific regulations governing
food business activities conducted through e-commerce platforms. For
large-scale collective kitchens, amend regulations to require a “Certificate of
Food Safety Compliance” instead of simple commitments. Moreover, strengthen
pre-approval procedures for functional food advertisements to prevent
exaggerated claims.
Management organization: Vietnam should consider establishing a
unified national food safety authority, drawing lessons from Japan, Thailand,
and China. Such an authority should possess comprehensive powers to oversee the
entire supply chain, thereby addressing current fragmentation. At the same
time, the evaluation of pilot Food Safety Management Boards at the local level
should be finalized to create a formal, unified national legal framework.
Oversight and penalties: Enhance the capacity and effectiveness of
inspection systems by increasing investment in local food testing centers.
Conduct regular and unannounced inspections to promptly detect violations at
production and business facilities. Revise legal provisions to impose stricter
administrative penalties and provide clear guidelines for pursuing criminal
liability, particularly for the use of banned substances that seriously
endanger consumer health. Establishing and publicizing a national database of
violators in the food safety sector would also serve as an effective monitoring
tool for consumers.
Enhancing consumer
self-protection:
Strengthen public legal education programs on food safety, focusing on
practical skills to identify safe products and understand protected rights. The
development of user-friendly and accessible online complaint platforms is
essential to encourage consumers to exercise their rights and actively
participate in monitoring and protecting their interests, thereby contributing
to a transparent and safe food market.
CONCLUSION
Food safety is a critical issue with direct implications for public
health and national socio-economic stability. Weaknesses in inspection,
monitoring, and oversight, together with legal shortcomings and enforcement
limitations, are major causes of rising food safety violations that compromise
both consumer health and economic stability. Strengthening legislation on
consumer rights protection in the field of food safety is essential to
safeguard public health and foster a transparent, safe, and sustainable food
consumption environment.
References
1.
Ministry of Health
(2024). Summary Report on Food Safety Activities in 2024. Available at: https://moh.gov.vn/hoat-dong-cua-lanh-dao-bo/-/asset_publisher/T6QFLQ4p2r7X/content/hoi-nghi-tong-ket-cong-tac-an-toan-thuc-pham-nam-2024-va-trien-khai-nhiem-vu-trong-tam-nam-2025
2.
Minh (2025). 2025:
Continued Research and Improvement of Food Safety Management Institutions.
Available at: https://baophapluat.vn/nam-2025-tiep-tuc-nghien-cuu-hoan-thien-the-che-quan-ly-an-toan-thuc-pham-post536857.html
3.
National Assembly
(2010). Law on Food Safety No.
55/2010/QH12, dated June 17, 2010.
4.
National Assembly
(2023). Law on Protection of Consumer Rights No. 19/2023/QH15, dated June 20, 2023.
Bài viết trên của tác giả Nguyễn Thuận An, đã được công bố trên Tạp chí
Kinh tế và Dự báo (ngôn ngữ tiếng Việt) số 701/2025, e-ISSN: 2734-9365
Link truy cập:
https://kinhtevadubao.vn/hoan-thien-phap-luat-ve-an-toan-thuc-pham-tai-viet-nam-tu-goc-do-bao-ve-nguoi-tieu-dung-31808.html