The proposal was submitted as part of comments on the draft revised Food Safety Law, recently published by the Ministry of Justice for appraisal.

According to the Ministry of Public Security, the current policy dossier focuses primarily on regulating online advertising activities. However, authorities have observed a growing trend of counterfeit and substandard products being sold through e-commerce platforms and social media networks such as Facebook and TikTok.

The ministry therefore argues that the revised law should contain specific provisions defining the responsibilities of online marketplaces and social media platforms in food-related business activities.

Under the proposal, platforms would be required to verify the identities of food sellers, maintain records of seller information and transaction data, and provide such information to competent state agencies when requested for regulatory, inspection or investigative purposes.

Platforms could face greater responsibilities

The Ministry of Public Security also proposed that platforms be required to retain transaction records and make them available to authorities when requested during inspections, investigations or enforcement actions.

Online marketplaces would also be responsible for removing products that have been flagged by regulators or identified as potentially violating food safety regulations.

According to the ministry, effective supervision of food trading in the digital environment requires binding obligations on platform operators rather than relying solely on enforcement against sellers after violations have already occurred.

In response to these recommendations, the Ministry of Health said the revised Food Safety Law would incorporate provisions defining the responsibilities of e-commerce platform operators.

Specifically, platforms would be required to establish review mechanisms and require sellers to provide and publicly disclose legal documentation related to food products in accordance with existing regulations.

The draft legislation is also expected to introduce joint liability provisions for platforms that fail to implement necessary screening measures, leading to food safety incidents that cause harm to consumers.

In addition, platforms would be required to provide transaction data and other relevant information to competent state authorities upon request.

Stronger penalties and accountability across the supply chain

The Ministry of Public Security has also proposed a broader set of measures designed to increase accountability and strengthen sanctions throughout the food supply chain.

One recommendation would establish clearer criteria for determining when food safety violations reach a level serious enough to trigger criminal prosecution.

Under the proposal, the deliberate use of prohibited substances or toxic chemicals in food production could be subject to criminal penalties even before actual harm occurs, rather than only after damage has been proven.

The ministry also suggested requiring every participant in the food supply chain to maintain digital data systems capable of connecting with the national data center. Such systems would support regulatory oversight, product traceability and investigations when necessary.

Additional proposals include reward mechanisms for citizens who report violations and an administrative penalty framework linked to a company's revenue, combined with supplementary sanctions to strengthen deterrence.

The ministry further called for stricter obligations requiring businesses to develop plans to prevent intentional contamination, manage risks throughout production and distribution processes and assume direct responsibility for products placed on the market.

Regarding these recommendations, the Ministry of Health said the drafting committee would continue studying and evaluating them as work progresses on the revised Food Safety Law.

Tran Thuong