Selling expired goods in Vietnam is an illegal act that can have serious consequences for consumers and the economy. According to the Product Quality Law of 2007, Decree No. 98/2020/ND-CP, and Decree No. 43/2017/ND-CP, this action is strictly penalized to protect consumer rights and ensure public health safety. This article will analyze relevant legal regulations and penalties for violations related to the sale of expired goods.

I. Legal Basis

Product Quality Law of 2007: This law sets quality requirements for products and goods circulating in the Vietnamese market. Accordingly, expired goods are deemed non-compliant with quality standards and unsafe for consumers, and selling such goods is prohibited. The law also outlines the responsibility of organizations and individuals to ensure product quality and to compensate for damages if they fail to comply.

Decree No. 98/2020/ND-CP: This decree outlines administrative penalties for violations in commercial activities, including selling expired goods. Penalties may include fines, recall, destruction of non-compliant products, and compensation for damages. The decree specifies penalties depending on the value of the goods and the severity of the violation.

Decree No. 43/2017/ND-CP: This decree regulates labeling requirements, including the production and expiration dates. Businesses are responsible for ensuring the accuracy of information on product labels. If products are found to have incorrect or misleading labeling, relevant authorities will impose strict penalties in accordance with the law.

II. Definition of Expired Goods

Under the Product Quality Law of 2007, expired goods are products that no longer meet quality standards set by manufacturers or regulatory authorities. This includes products that no longer guarantee safety for consumers’ health and lives. Selling expired goods not only harms consumer health but also seriously violates legal regulations.

III. Legal Liability for Selling Expired Goods

According to Decree No. 98/2020/ND-CP, trading expired goods will incur administrative penalties and may require compensation for consumers. Penalties include fines, product recalls, and in severe cases, criminal prosecution. Fines can reach hundreds of millions of VND, depending on the value of the goods and the level of violation.

Additionally, Article 20 of the Product Quality Law of 2007 holds organizations and individuals liable to fully compensate consumers for damages, including health, life, and property damage caused by expired goods.

IV. Labeling Regulations under Decree No. 43/2017/ND-CP

Decree No. 43/2017/ND-CP specifies labeling requirements, including the production and expiration dates. Labeling is mandatory to ensure consumers have complete information when purchasing goods. According to Article 8 of the decree, businesses are responsible for the accuracy of information on product labels. If goods are found to have incorrect labeling or intentional misrepresentation of expiration dates, authorities will impose penalties per current regulations.

V. Are Penalties Imposed for Selling Expired Goods?

The “expiration date” or “shelf life” is the period set for a product or batch, after which it no longer retains its original quality characteristics. The shelf life is determined from the production date to the expiration date or is expressed by the day, month, and year of expiration. If only the month and year are indicated, the shelf life is calculated to the last day of the expiration month.

The sale, exchange, or promotion of expired goods is strictly prohibited. Sellers of expired goods will be subject to administrative penalties.

VI. Penalties for Violations

When expired goods (excluding pesticides and animal feed) are sold, fines vary depending on the value of the violated goods:

• Under 1,000,000 VND: Warning or fine of 300,000-500,000 VND.
• From 1,000,000 to under 3,000,000 VND: Fine of 500,000-1,000,000 VND.
• From 3,000,000 to under 5,000,000 VND: Fine of 1,000,000-3,000,000 VND.
• From 5,000,000 to under 10,000,000 VND: Fine of 3,000,000-5,000,000 VND.
• From 10,000,000 to under 20,000,000 VND: Fine of 5,000,000-7,000,000 VND.
• From 20,000,000 to under 30,000,000 VND: Fine of 7,000,000-10,000,000 VND.
• From 30,000,000 to under 40,000,000 VND: Fine of 10,000,000-15,000,000 VND.
• From 40,000,000 to under 50,000,000 VND: Fine of 15,000,000-20,000,000 VND.
• From 50,000,000 to under 70,000,000 VND: Fine of 20,000,000-30,000,000 VND.
• From 70,000,000 to under 100,000,000 VND: Fine of 30,000,000-40,000,000 VND.
• 100,000,000 VND or more: Fine of 40,000,000-50,000,000 VND.

VII. Impact on Consumer Rights

Selling expired goods severely impacts consumer rights. Under the Consumer Rights Protection Law, consumers have the right to claim compensation if they discover expired goods. Therefore, businesses must strictly adhere to legal regulations to avoid unintended consequences.

VIII. Responsibilities of Related Parties

According to the Product Quality Law of 2007, organizations and individuals involved in production, distribution, and sales are responsible for the quality of their goods. This includes ensuring that goods sold on the market meet quality standards and are not expired. In case of violations, both businesses and individuals directly involved may face legal consequences.

IX. Responsibility of related parties

According to the Law on Product Quality and Goods 2007, organizations and individuals participating in the production, distribution, and trading process of goods are responsible for their quality of goods. This includes ensuring that the goods sold on the market always meet quality standards and not exceed the expiry date. In case of violations, not only businesses but also individuals directly involved may also be handled in accordance with the law.

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