Currently, violations of food safety regulations continue to occur at numerous production and business establishments, causing serious harm to consumer health. Consequently, the number of food safety complaints has risen sharply, underscoring the need to enhance corporate accountability and strengthen the efficiency of State management.
Currently, violations of food safety regulations continue to occur at numerous production and business establishments, causing serious harm to consumer health. Consequently, the number of food safety complaints has risen sharply, underscoring the need to enhance corporate accountability and strengthen the efficiency of State management.
I. Current situation concerning food safety complaints
In recent years, the number of violations of food safety regulations has increased, leading to a surge in consumer complaints against food producers and business establishments.
Common cases include food products containing prohibited substances, spoiled or unsafe food, goods of unknown origin, or food poisoning incidents. However, in certain localities, the process of receiving and handling complaints remains slow and lacks transparency, discouraging consumers from exercising their right to file complaints.
II. Legal regulations governing food safety complaints
Food safety complaints are governed by the Law on Food Safety 2010 (amended in 2018), the Law on Protection of Consumer Rights 2023, the Law on Complaints 2011, and their guiding documents.
1. What is a food safety complaint?
A food safety complaint refers to a report or accusation made by consumers or individuals against organizations or individuals providing food or catering services that fail to meet safety standards and pose risks to human health.
The purpose of such complaints is to protect individual’s rights and public health, prevent foodborne illnesses, and improve overall quality of life.
2. When may consumers file food safety complaints?
Under Clause 7, Article 4 of the Law on Protection of Consumer Rights 2023, the right to file complaints is one of consumers’ fundamental rights. It allows individuals, organizations, and consumers to request that competent authorities, organizations, or businesses review decisions or actions violating food safety laws to safeguard their legitimate rights and interests.
Consumers may file food safety complaints in the following circumstances:
- When detecting unsafe or defective products that cause harm to health, life, or property;
- When the product differs from registered, declared, listed, advertised, or introduced information;
- When the product is defective as defined by law and the business fails to fulfill its obligation to recall it.
3. What is the legal procedure for food safety complaints?
According to Article 31 of the Law on Protection of Consumer Rights 2023, organizations and individuals engaged in food business activities are responsible for receiving and resolving consumer complaints, specifically:
- Businesses must establish a department to receive and handle consumer feedback, requests, and complaints related to food safety;
- Within three (03) working days from receipt of a complaint, the business must notify the consumer of its acknowledgment and intended handling measures;
- Food manufacturers, importers, or suppliers are obliged to establish and publicly announce their complaint-handling procedures by posting them at business premises and publishing them on their websites or mobile applications (if any).
This procedure is not mandatory for individuals engaged in independent, regular commercial activities not required to register for business, or for micro-enterprises. Additionally, if consumers disagree with the result, they may file a complaint with the competent State authority or initiate a lawsuit in court to protect their legitimate rights.
III. Questions regarding food safety complaints
1. What should a business do when receiving a food safety complaint from a customer?
Pursuant to Article 31 of the Law on Protection of Consumer Rights 2023, businesses must organize the receipt and resolution of consumer complaints about food safety. They must notify consumers of the complaint’s receipt within three (03) working days from the date of submission.
Businesses are also required to establish and publicly announce their complaint-handling procedures by posting them at their offices or business locations and publishing them on their websites or applications (if available). However, such a requirement does not apply to individuals engaged in independent, regular commercial activities not subject to business registration and all micro-enterprises as defined by law.
2. Are there mechanisms to protect consumers when filing food safety complaints?
Article 6 of the Law on Protection of Consumer Rights 2023 provides for principles of consumer protection, including mechanisms ensuring fairness, transparency, legality, equality, and non-infringement of the legitimate interests of relevant parties. The protection of consumers is a shared responsibility of society, ensuring that consumers can exercise their rights safely and effectively.
3. If dissatisfied with the first complaint resolution, where may consumers file a second food safety complaint?
Under Clause 1, Article 7 of the Law on Complaints 2011, if a complainant disagrees with the initial complaint resolution or if the complaint is not resolved within the prescribed duration, they may file a second complaint to the immediate superior of the first complaint-resolving authority or initiate an administrative lawsuit at the competent People’s Court in accordance with the Law on Administrative Procedures.
4. Can food safety complaints be submitted online?
As prescribed in Article 31 of the Law on Protection of Consumer Rights 2023, consumers may file food safety complaints online with organizations or individuals engaged in the food business. Consumers only need to provide information about the product, complaint details, and supporting evidence through the online platforms disclosed by the business. After receiving the complaint, the business must respond within three (03) working days and handle the case as required by law.
5. If food safety complaints are not satisfactorily resolved, may consumers initiate a lawsuit?
If a food safety complaint is not resolved satisfactorily, consumers have the right to initiate a lawsuit. According to Point d, Clause 1, Article 9 of the Law on Food Safety 2010, individuals may file lawsuits with the competent People’s Court to protect their legitimate rights. In addition, Point d, Clause 1, Article 54 of the Law on Protection of Consumer Rights 2023 provides that disputes between consumers and businesses may be resolved through court proceedings.
IV. Legal consultancy services concerning food safety complaints
Legal consultancy services related to food safety complaints assist clients in the following areas:
- Drafting and filing complaints or lawsuits in accordance with the law;
- Representing consumers in working with state agencies or businesses;
- Advising on legal grounds, collecting evidence, and developing dispute resolution strategies;
- Assisting businesses in establishing internal food quality control procedures to mitigate legal risks;
- Providing periodic legal consultancy on compliance with the Law on Food Safety and the Law on Protection of Consumer Rights.
For any inquiries or legal consultancy needs related to food safety complaints, please contact NPLaw for direct advice and guidance.
