THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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|
No.
54/2009/ND-CP
|
Hanoi,
June 5, 2009
|
DECREE
PROVIDING FOR THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS
IN THE DOMAIN OF STANDARDS, METROLOGY AND PRODUCT AND GOODS QUALITY
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Law on Standards and Technical Regulations;
Pursuant to the November 21, 2007 Law on Product and Goods Quality;
Pursuant to the October 6, 1999 Ordinance on Measurement;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations
and the April 2, 2008 Ordinance Amending and Supplementing a Number of Articles
of the Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Science and Technology,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
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2. Administrative violations in
the domain of standards, metrology and product and goods quality mean acts
committed by individuals, agencies or organizations (below collectively
referred to as organizations or individuals) intentionally or unintentionally
violating the law on standards, metrology and product and goods quality, which
are not crimes but subject to administrative sanctioning under law.
Article 2.
Subjects of application
Vietnamese and foreign
organizations and individuals that commit administrative violations in the
domain of standards, metrology and product and goods quality in Vietnamese
territory shall be administratively sanctioned under this Decree.
Article 3.
Forms of administrative sanctioning and remedies
1. An administrative violation
in the domain of standards, metrology and product and goods quality is subject
to either of the following principal sanctions:
a/ Caution;
b/ Fine.
2. Depending on the nature and
severity of violations, organizations or individuals committing administrative
violations in the domain of standards, metrology and product and goods quality
may be subject to one or several of the following additional sanctions:
a/ Deprivation of the right to
use standard conformity certificates; regulation conformity certificates;
certificates of operation conditions of conformity certification organizations;
inspection certificates, inspection stamps or inspection seals; or practice
permits or certificates granted by standards, metrology and quality agencies;
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c/ Confiscation of material
evidences or means used to commit administrative violations in the domain of
standards, metrology and product and goods quality, including papers or
documents which are illegally modified, erased or forged or granted.
3. Apart from principal and
additional sanctions, administrative violators may be subject to one or several
of the following remedies:
a/ Forcible restoration of the
original state which has been altered by administrative violations;
b/ Recovery into the state
budget of sums of money illegally gained from the commission of administrative
violations;
c/ Forcible re-processing or
destruction of products or goods in violation of the law on standards,
metrology and product and goods quality;
d/ Forcible re-export or
destruction of imported goods in violation of the law on standards, metrology
and product and goods quality or imported measuring devices in contravention of
metrology regulations:
dd/ Forcible recovery of
circulated products or goods or measuring devices used in violation;
e/ Forcible inspection and
completion of procedures for the approval of specimen measuring devices within
the prescribed time limit;
g/ Forcible implementation of
metrology regulations for pre-packed goods.
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ACTS OF ADMINISTRATIVE
VIOLATION. SANCTIONING FORMS AND LEVELS
Section I.
ACTS OF ADMINISTRATIVE VIOLATION RELATED TO METROLOGY
Article 4.
Acts of violating metrology regulations in the production of measuring devices
subject to inspection
1. A fine of between VND
2,000,000 and 4,000,000 shall be imposed for labeling measuring devices in
contravention of regulations or writing or engraving unofficial units of measurement
on these tools.
2. A fine of between VND
4,000,000 and 7,000,000 shall be imposed for failing to conduct initial
inspection of measuring devices before putting them into use, for quantitative
determination of goods, payment for goods, goods trading, health protection,
safety assurance or environmental protection.
3. A fine of between VND
7,000,000 and 12,000,000 shall be imposed for either of the following acts:
a/ Producing measuring devices
the specimens of which have not yet been approved;
b/ Producing measuring devices
the specimens of which have been approved but specimen-approving decisions have
expired.
4. A fine of between VND
15,000,000 and 20,000,000 shall be imposed for producing measuring devices
different from their approved specimens.
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Deprivation for up to 90 days of
the right to use decisions approving specimen measuring devices, for the act of
violation specified in Clause 4 of this Article.
6. Remedies:
a/ Forcible writing or engraving
of official units of measurement on measuring devices or forcible labeling of
measuring devices under regulations, for the act of violation specified in
Clause 1 of this Article;
b/ Forcible inspection within 30
days, for the act of violation specified in Clause 2 of this Article;
c/ Forcible completion of
procedures for the approval of specimen measuring devices within 60 days, for
acts of violation specified in Clause 3 of this Article.
Article 5.
Acts of violating metrology regulations in the import of measuring devices subject
to inspection
1. A fine of between VND
2,000,000 and 4,000,000 shall be imposed for importing improperly labeled
measuring devices or those written or engraved with unofficial units of
measurement.
2. A fine of between VND
4,000,000 and 7,000,000 shall be imposed for failing to conduct initial
inspection of imported measuring devices before putting them into use for
quantitative determination of goods, payment for goods, goods trading, health
protection, safety assurance or environmental protection.
3. A fine of between VND
7,000,000 and 12,000,000 shall be imposed for either of the following acts:
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b/ Importing measuring devices
the specimens of which have been approved but specimen-approving decisions have
expired.
4. A fine of between VND
15,000,000 and 20,000,000 shall be imposed for importing measuring devices
different from their approved specimens.
5. Remedies:
a/ Forcible additional labeling
of measuring devices under regulations; forcible writing or engraving of
official units of measurement on measuring devices, for the act of violation
specified in Clause 1 of this Article;
b/ Forcible inspection under
regulations, for the act of violation specified in Clause 2 of this Article;
c/ Forcible completion of
procedures for the approval of specimen measuring devices within 60 days, for
acts of violation specified in Clause 3 of this Article;
d/ Forcible exportation or
destruction of measuring devices, for the act of violation specified in Clause
4 of this Article.
Article 6.
Acts of violating metrology regulations in the trading of measuring devices
subject to inspection
1. A fine of between VND 300,000
and 500,000 shall be imposed for either of the following acts:
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b/ Trading in unlabeled or
improperly labeled measuring devices, or those written or engraved with
improper units of measurement.
2. Remedies:
a/ Forcible initial inspection,
for the act of violation specified at Point a. Clause 1 of this Article;
b/ Forcible labeling of
measuring devices or writing of units of measurement on measuring devices under
regulations, for the act of violation specified at Point b, Clause 1 of this
Article.
Article 7.
Acts of violating metrology regulations in retail activities
1. A fine of between VND 200,000
and 500,000 shall be imposed for any of the following acts for conducting
measurement in retail activities:
a/ Using measuring devices not
yet inspected;
b/ Using expired certificates of
inspection of measuring devices;
c/ Using measuring devices with
a precision or scope of measurement incompliant with regulations.
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3. Remedy: forcible inspection
of measuring devices before using them in retail activities, for acts of
violation specified in Clause 1 of this Article.
Article 8.
Acts of violating metrology regulations in the use of measuring devices subject
to inspection
1. A fine of between VND 200,000
and 500,000 shall be imposed for any of the following acts when using measuring
devices valued at below VND 500,000 calculated according to the value of
brand-new measuring devices of the same type or brand-new measuring devices
with equivalent technical specifications at the time an administrative
violation is committed:
a/ Possessing no inspection
certificates or bearing inspection marks or stamps as prescribed;
b/ Using expired inspection
certificates or inspection marks or stamps;
c/ Using measuring devices
failing to satisfy prescribed metrology requirements.
2. A fine of between VND 4.000,000
and 7,000,000 shall be imposed for either of the following acts when using
measuring devices valued at VND 500,000 or more calculated according to the
value of brand-new measuring devices of the same type or brand-new measuring
devices with similar technical specifications at the time an administrative
violation is committed:
a/ Possessing no inspection
certificates or bearing inspection marks or stamps as prescribed:
b/ Using expired inspection
certificates or inspection marks or stamps.
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A fine of between VND 15,000,000
and 30,000,000 shall be imposed for any of the following acts when using
measuring devices:
a/ Committing fraud in the use
of inspection certificates or inspection marks or stamps:
b/Altering the technical state
or metrological specifications of measuring devices;
c/ Failing to inspect measuring
devices within the prescribed time limit at the request of competent agencies.
5. Additional sanction:
Confiscation of material
evidences used in violations, for the act of violation specified at Point b.
Clause 4 of this Article.
6. Remedies:
a/ Forcible inspection of measuring
devices, for acts of violation specified in Clauses 1.2 and 3, and Point c.
Clause 4. of this Article;
b/ Forcible destruction of
inspection certificates or inspection marks or stamps, for the act of violation
specified at Point a. Clause 4 of this Article;
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Article 9.
Acts of violating regulations on inspection of measuring devices which are
committed by metrology inspectors or inspection organizations
1. A fine of between VND
1,000,000 and 2,000,000 shall be imposed for any of the following acts
committed by metrology inspectors:
a/ Inspecting measuring devices
without decisions on the certification of metrology inspectors and grant of
metrology inspector's cards, or using expired decisions on the certification of
metrology inspectors and grant of metrology inspector's cards;
b/ Failing to comply with the
inspection process;
c/ Using inspection certificates
or inspection stamps or marks in contravention of regulations; or improperly
affixing lead seals;
d/ Inspecting measuring devices
the specimens of which have not yet been approved or which are different from
their approved specimens.
2. A fine of between VND
2,000,000 and 4,000,000 shall be imposed for any of the following acts
committed by inspection organizations:
a/ Inspecting measuring devices
beyond the accredited scope of inspection capacity;
b/ Inspecting measuring devices
when decisions accrediting their inspection capacity have expired;
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d/ Using metrology standards
without competent agencies' decisions on the certification of metrology
standards for inspecting measuring devices or with expired decisions.
3. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for any of the following acts
committed by organizations designated to inspect metrology standards for
inspecting measuring devices subject to inspection:
a/ Inspecting metrology
standards beyond the designated scope;
b/ Failing to comply with the
process of inspecting metrology standards;
c/ Inspecting metrology
standards when designation decisions have expired.
4. A fine of between VND
15.000.000 and 25,000,000 shall be imposed for granting without inspection the
following papers or certificates for standards or measuring devices subject to
inspection:
a/ Standard inspection
certificates;
b/ Inspection certificates;
inspection marks; or inspection stamps.
5. Additional sanctions:
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b/ Deprivation of the right to
use decisions accrediting inspection capacity for up to 90 days, for acts of
violation specified in Clause 2 of this Article.
6. Remedy: forcible inspection
or certification of metrology standards under regulations, for acts of
violation specified at Points c and d. Clause 2 of this Article.
Article 10.
Acts of violating metrology regulations in the production or import of prepacked
goods subject to metrology state management
1. A fine of between VND
2,000,000 and 4,000,000 shall be imposed for failing to indicate the quantity
of goods on their labels under regulations, or indicating units of measurement
other than prescribed ones.
2. A fine of between VND
5,000,000 and 7,000,000 shall be imposed for packing goods which are
insufficient in quantity or fail to satisfy prescribed metrology requirements.
3. Remedies:
a/ Forcible writing of the
quantity or units of measurement of goods on their labels under regulations,
for the act of violation specified in Clause 1 of this Article;
b/ Forcible re-determination of
the goods quantity under regulations before putting them into circulation, for
the act of violation specified in Clause 2 of this Article.
Article 11.
Acts of violating metrology regulations in the trading of pre-packed goods
subject to metrology state management
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2. A fine of between VND 500,000
and 1,000,000 shall be imposed for trading in prepacked goods subject to
metrology state management which are insufficient in quantity or fail to
satisfy prescribed metrology requirements.
3. Remedies:
a/ Forcible suspension from
circulation of pre-packed goods in violation of metrology regulations, for the
act of violation specified in Clause 1 of this Article:
b/ Forcible re-determination of
the goods quantity under regulations before putting them into circulation, for
the act of violation specified in Clause 2 of this Article.
Section 2.
ACTS OF ADMINISTRATIVE VIOLATION RELATED TO STANDARDS AND TECHNICAL REGULATIONS
OR PRODUCT AND GOODS QUALITY
Article 12.
Acts of violating regulations on publicization of applicable standards
1. A fine of between VND
1,000,000 and 2,000,000 shall be imposed for failing to publicize applicable
standards according to regulations.
2. A fine of between VND
3,000,000 and 5,000,000 shall be imposed for any of the following acts:
a/ Producing or importing
products or goods unconformable with announced applicable standards;
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c/ Publicizing applicable
standards which contain details contrary to the requirements of technical
regulations.
3. Remedies:
a/ Forcible publicization of
applicable standards within 30 days, for the act of violation specified in
Clause 1 of this Article;
b/ Forcible change of use
purposes or reprocessing of products or goods, for the act of violation
specified at Point a. Clause 2 of this Article;
c/ Forcible re-publicization of
applicable standards within 30 days, for the act of violation specified at
Point b. Clause 2 of this Article:
d/ Forcible modification of
applicable standards in case they are manufacturer standards or other standards
to conform with relevant technical regulations, or alteration of basic
characteristics of products or goods to conform with relevant technical
regulations and re-publicization of applicable standards within 30 days, for
the act of violation specified at Point c. Clause 2 of this Article.
Article 13.
Acts of violating regulations on standard conformity certification
1. A fine of between VND
7,000,000 and 10,000,000 shall be imposed for producing or importing products
or goods with quality unconformable with relevant standards used for standard
conformity certification, or using expired standard conformity certificates.
2. Additional sanction:
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3. Remedies:
Forcible recovery of
unconformable products or goods being circulated on the market; forcible change
of use purposes; or re-processing or reexport of products or goods specified
in Clause 1 of this Article.
Article 14.
Acts of violating regulations on standard conformity publicization
1. A fine of between VND 3,000,000
and 5,000,000 shall be imposed for any of the following acts when producing or
importing products or goods:
a/ Failing to register standard
conformity publicization papers with competent agencies with which the
producers or importers have registered business:
b/ Failing to archive standard
conformity publicization dossiers under regulations;
c/ Failing to make
re-publicization in case of any change in the registered standard conformity
publicization paper.
2. A fine of between VND 5,000,000
and 8,000,000 shall be imposed for producing or importing products or goods
with quality inconsistent with that indicated in the registered standard
conformity publicization paper.
3. Remedies:
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b/ Forcible recovery of
unconformable products or goods being circulated on the market; forcible
re-processing or change of use purposes or re-export of products or goods, for
the act of violation specified in Clause 2 of this Article.
Article 15.
Acts of violating regulations on regulation conformity certification
1. A fine of between VND
10,000,000 and 15,000,000 shall be imposed for failing to have regulation
conformity certified when producing or importing products or goods subject to
regulation conformity certification, or using expired regulation conformity
certificates or stamps.
2. A fine of between VND
25,000,000 and 30,000,000 shall be imposed for producing or importing products
or goods subject to regulation conformity certification which have quality
unconformable with certified relevant technical regulations.
3. Additional sanction:
Deprivation of the right to use
regulation conformity certificates or stamps for up to 90 days or an indefinite
duration, for the act of violation specified in Clause 2 of this Article.
4. Remedies:
a/ Forcible certification of
regulation conformity within 30 days, for the act of violation specified in
Clause 1 of this Article;
b/ Forcible recovery of products
or goods being in circulation on the market which are unconformable with
relevant technical regulations; forcible change of use purposes, reprocessing
or destruction of products or goods, or re-export of imported goods, for the
act of violation specified in Clause 2 of this Article.
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1. A fine of between VND
10,000,000 and 15.000,000 shall be imposed for any of the following acts in
case products or goods are subject to regulation conformity publicization under
relevant technical regulations:
a/ Failing to publicize
regulation conformity when producing or importing products or goods;
b/ Failing to register
regulation conformity publicization papers with competent agencies with which
the producers or importers have registered business;
c/ Failing to affix regulation
conformity stamps under regulations when putting products or goods into
markets:
d/ Failing to archive regulation
conformity publicization dossiers under regulations.
2. A fine of between VND
25,000,000 and 30,000,000 shall be imposed for producing or importing products
or goods with quality unconformable with relevant technical regulations.
3. Remedies:
a/ Forcible publicization of
regulation conformity or registration of regulation conformity publicization
papers with competent agencies, for acts of violation specified at Points a and
b. Clause 1 of this Article;
b/ Forcible affixture of
regulation conformity stamps under regulations before putting products or goods
into markets, for the act of violation specified at Point c. Clause 1 of this
Article;
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Article 17.
Acts of violating regulations on the quality of products and goods circulated
on the market
1. A fine of between VND 200,000
and 500,000 for selling products or goods without papers on publicization of
applicable standards of producers or importers as prescribed.
2. Selling expired products or
goods shall be sanctioned under the Government's regulations on the sanctioning
of administrative violations in trade activities.
3. A fine equal to or double the
total value of products or goods used in violation detected at the time of
violation shall be imposed for selling products or goods with quality
unconformable with standards publicized for application.
4. A fine double or triple the
total value of products or goods used in violation detected at the time of
violation shall be imposed for either of the following acts:
a/ Selling products or goods with
quality unconformable with certified or publicized relevant standards;
b/ Replacing, exchanging, adding
or reducing ingredients or additives, or mixing impurities thus impairing the
quality of. products or goods against standards publicized for application.
5. A fine equaling between three
and five times the total value of products or goods used in violation detected
at the time of violation shall be imposed for either of the following acts:
a/ Selling products or goods
with quality unconformable with publicized or certified relevant technical
regulations;
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6. Remedies:
a/ Forcible suspension from
circulation of goods used in violation and request for producers or importers
to publicize applicable standards for 30 days, for the act of violation
specified in Clause 1 of this Article;
b/ Forcible change of use
purposes or reprocessing, for acts of violation specified in Clauses 3, 4 and
5 of this Article:
c/ Forcible re-export or
forcible destruction of imported products or goods, for acts of violation
specified in Clauses 4 and 5 of this Article in case of failure to re-process,
or change use purposes of, these products or goods or in case these products or
goods prejudice health, safety or the environment.
Article 18.
Acts of violation committed by conformity certification organizations
1. A fine of between VND
7,000,000 and 10,000,000 shall be imposed for any of the following acts:
a/ Failing to register the scope
of standard conformity or regulation conformity certification with competent
agencies;
b/ Certifying standard
conformity or regulation conformity beyond the registered or permitted scope;
c/ Conducting without being
designated under regulations conformity assessment for state management;
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dd/ Failing to maintain the
managerial system satisfactory to the requirements of relevant standards;
e/ Granting standard conformity
certificates or regulation conformity certificates while failing to comply or
fully comply with the order of and procedures for assessment or certification:
g/ Supplying incorrect results
of conformity assessment;
h/ Providing consultancy to
certification applicants.
2. Additional sanction:
Deprivation of the right to use
operation eligibility certificates, for acts of violation specified at Points
b, c, d, e and g. Clause 1 of this Article.
3. Remedies:
a/ Forcible withdrawal of
granted certificates, for acts of violation specified at Points b, c, d. e and
f. Clause 1 of this Article;
b/ Forcible conformity re-assessment,
for the act of violation specified at Point g. Clause 1 of this Article.
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1. A fine of between VND
5,000,000 and 7,000,000 shall be imposed for any of the following acts:
a/ Conducting testing,
standardization or assessment activities in the capacity as accredited
laboratories, standardization laboratories or assessment organizations when
their capability has not yet been assessed and accredited by accreditation
organizations as conformable with relevant national or international standards;
b/ Failing to comply or fully
comply with the order of and procedures for testing, standardization or
assessment;
c/ Failing to maintain the
accredited organizational apparatus and capability satisfactory to the
requirements of relevant standards;
d/ Failing to maintain the
managerial system satisfactory to the requirements of relevant standards;
dd/ Conducting inspection
without being designated by competent agencies, or failing to comply with the
inspection process against the requirements set in relevant technical
regulations;
e/ Supplying incorrect results.
2. Additional sanction:
Deprivation of the right to use
operation eligibility accreditation papers, for acts of violation specified at
Points c and d. Clause 1 of this Article.
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a/ Forcible revocation of
granted certificates, for acts of violation specified in Clause 1 of this Article;
b/ Forcible re-testing,
standardization or assessment, and payment of all expenses therefor, for the
act of violation specified at Point e. Clause 1 of this Article.
Article 20.
Acts of violating regulations on accreditation activities committed by accreditation
organizations
1. A fine of between VND
15,000,000 and 20,000,000 shall be imposed for any of the following acts:
a/ Failing to publicize the
order of and procedures for assessment or accreditation and other
accreditation-related requirements;
b/ Conducting assessment or
accreditation not according to the publicized order and procedures or relevant
standards or regulations used for assessment or accreditation, or failing to
fully comply with the above order, procedures, standards or regulations;
c/ Failing to apply amended,
modified or replaced standards or regulations for assessment or accreditation;
d/ Granting accreditation
certificates ultra vires or failing to conduct regular supervision of
accredited organizations:
dd/ Failing to report on accreditation
results or to produce accreditation dossiers upon request of competent
agencies.
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a/ Forcible publicization of the
assessment and accreditation process and procedures and other
accreditation-related requirements, for the act of violation specified at Point
a. Clause 1 of this Article;
b/ Revocation of granted
accreditation certificates, for acts of violation specified at Points b. c and
d. Clause 1 of this Article.
Article 21.
Forgery related to standards, technical regulations or product and goods
quality
1. A fine of between VND
7,000,000 and 10,000,000 shall be imposed for supplying incorrect or untruthful
information on product or goods quality according to standards or technical
regulations.
2. A fine of between VND
15,000,000 and 20,000,000 shall be imposed for either of the following acts:
a/ Forging standard conformity
stamps, regulation conformity stamps, standard conformity certificates or
regulation conformity certificates for affixture to products or goods or
attached documents;
b/ Forging results of testing,
inspection, assessment or quality inspection.
3. Additional sanctions:
a/ Confiscation of conformity
stamps, regulation conformity stamps, standard conformity certificates or
regulation conformity certificates, for the act of violation specified at Point
a. Clause 2 of this Article;
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4. Remedy:
Forcible removal of violating
elements from products or goods or attached documents. Otherwise, forcible
destruction of products or goods, for the act of violation specified at Point
a. Clause 2 of this Article.
Article 22.
Acts of violating regulations on quality inspection of products or goods
committed by organizations designated to inspect product or goods quality
1. A fine of between VND 500,000
and 1,500,000 shall be imposed for either of the following acts committed by organizations
designated to inspect product or goods quality:
a/ Inspecting product or goods
quality without being designated by a competent state agency or without an
inspection process;
b/ Failing to comply or fully
comply with the prescribed process of inspecting product and goods quality.
2. A fine of between VND
2,000,000 and 5.000,000 shall be imposed for inspecting product or goods
quality beyond the scope designated by a competent agency.
3. Remedy:
Forcible recovery of issued
results of product or goods quality inspection, for acts of violation specified
in Clauses 1 and 2 of this Article.
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Article 23.
Acts of violating regulations on goods labels in product or goods production,
import or trading
1. Caution shall be served or a
fine of between VND 1,000,000 and 2,000,000 shall be imposed for any of the
following acts:
a/ Selling goods with torn or
faded labels which are unreadable or with modified or erased labels:
b/ Selling goods with hidden
labels which are partially or wholly unreadable;
c/ Selling unlabelled goods
which are subject to labeling under regulations.
2. A fine of between VND
2,000,000 and 4,000,000 shall be imposed for any of the following acts:
a/ Producing or importing goods
with torn or faded labels which are unreadable:
b/ Producing or importing goods
with hidden labels which are partially or wholly unreadable;
c/ Producing or importing goods
with erased or modified labels, regardless of original or supplementary labels,
falsifying information on the goods.
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Forcible recovery of products or
goods with improper labels or forcible labeling of goods under regulations, for
acts of violation specified in Clauses 1 and 2 of this Article.
Article 24.
Acts of violating regulations on size of letters, language, units of
measurement, or advertisement on goods labels
1. Caution shall be served or a
fine of between VND 500,000 and 1,000,000 shall be imposed for either of the
following acts:
a/ Selling home-made goods
without labels in Vietnamese or with labels on which the size of letters in a
foreign language is larger than that of letters in Vietnamese;
b/ Selling goods with labels
containing untruthful images, drawings or scripts.
2. A fine of between VND
2,000,000 and 4.000,000 shall be imposed for any of the following acts:
a/ Producing products or goods
for sale in Vietnam (even processing goods overseas) which have no labels in
Vietnamese or have labels on which the size of letters in a foreign language is
larger than that of letters in Vietnamese;
b/ Producing or importing goods
which are labeled in contravention of regulations on official units of
measurement;
c/ Producing, importing or
exporting goods with labels containing untruthful images, drawings or scripts.
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4. A fine of between VND
7.000,000 and 10.000,000 shall be imposed for either of the following acts:
a/ Producing, processing,
assembling or packing products or goods in Vietnam without labeling them under
regulations;
b/ Importing products or goods for
circulation which have original labels in a foreign language but no
supplementary labels in Vietnamese as prescribed.
5. Remedies:
a/ Forcible suspension from
circulation of violating goods; forcible remedy of violations of regulations on
goods labels, for acts of violation specified in Clauses 1 and 2 and Point a,
Clause 4, of this Article;
b/ Forcible suspension from
circulation of goods for affixing supplementary labels in Vietnamese as
prescribed, for acts of violation specified in Clause 3 and Point b. Clause 4.
of this Article.
Article 25.
Acts of violating regulations on compulsory details on goods labels and details
which must be shown on labels depending on the nature of goods
1. A fine of between VND 3,000,000
and 5.000,000 shall be imposed for selling goods without indicating any of
compulsory details on goods labels or details which must be shown on labels
depending on the nature of goods under the law on goods labeling.
2. A fine of between VND 7,000,000
and 10,000,000 shall be imposed for either of the following acts:
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b/ Importing goods with labels
lacking any of compulsory details or details which must be shown on labels
depending on the nature of goods under the law on goods labeling.
3. A fine of between VND
12,000,000 and 20,000,000 shall be imposed for acts of violation specified in
Clause 2 of this Article and goods are any of the following:
a/ Food, foodstuffs, human
medicines, veterinary drugs, livestock feed, plant protection drugs, plant
varieties or animal breeds;
b/ Goods with unclear shelf life
or goods specified at Point a. Clause 3 of this Article with an erased or
modified shelf life;
c/ Goods affixed with fake
labels.
4. Remedies:
a/ Forcible suspension from
circulation of goods; forcible remedy of violations of regulations on goods
labeling, for acts of violation specified in Clauses 1 and 2 of this Article;
b/ Forcible destruction of
violating goods labels; forcible destruction of products or goods with quality
failing to ensure safety for humans, domestic animals, plants or the
environment, for acts of violation specified in Clause 3 of this Article.
Article 26.
Acts of violating regulations on the use of number codes and barcodes
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a/ Failing to notify in writing
competent agencies of any change in names or contact addresses or of the loss
or damage of number code or barcode use certificates;
b/ Failing to send lists of used
global trade identification numbers (GTIN) and global location numbers (GLN) to
competent state management agencies in charge of number codes and barcodes;
c/ Failing to notify in writing
competent agencies of the permitted use of foreign number codes, enclosed with
evidencing documents, in case of using foreign number codes for products or
goods produced in Vietnam.
2. A fine of between VND
3,000,000 and 6,000,000 shall be imposed for any of the following acts:
a/ Using number codes and
barcodes with Vietnam's initial codes (893) without number code or barcode use
right certificates granted by competent agencies;
b/ Illegally using number codes
and barcodes of other enterprises which have been granted number code or
barcode use right certificates by competent agencies;
c/ Using signs causing confusion
with number codes or barcodes.
3. A fine of between VND
7,000,000 and 10,000,000 shall be imposed for printing foreign codes on
products or goods produced in Vietnam only for export purpose which have not
yet been granted by competent foreign agencies or without permission of their
foreign owners.
4. Remedies:
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b/ Forcible cessation of the use
of number codes and barcodes and recovery of goods affixed with improper number
codes and barcodes, for acts of violation specified in Clauses 2 and 3 of this
Article.
Article 27.
Acts of violating regulations on the use or grant of number code and barcode
certificates
1. A fine of between VND 5,000,000
and 7,000,000 shall be imposed for either of the following acts:
a/ Forging number code and
barcode use right certificates;
b/ Granting number code and
barcode use right certificates ultra vires.
2. Additional sanction:
Confiscation of number code and
barcode use right certificates, for the act of violation specified at Point a.
Clause 1 of this Article.
3. Remedy:
Forcible revocation of number
code and barcode use right certificates, for the act of violation specified at
Point b. Clause 1 of this Article.
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Article 28.
Acts of obstructing inspection or examination activities in the domain of
standards, metrology and product and goods quality
1. A fine of between VND
1,000,000 and 2,000,000 shall be imposed for any of the following acts:
a/ Refusing to supply
information or documents: supplying untruthful or insufficient information or
documents to inspection or examination agencies or competent persons of state
management agencies in charge of standards, metrology and product and goods
quality;
b/ Obstructing, causing
difficulties to. or shirking inspection or examination by competent persons;
c/ Intentionally delaying or
shirking the implementation of, or failing to implement, administrative
decisions of competent persons, or failing to comply with requests, conclusions
or decisions of inspection or examination teams with regard to standards,
metrology and product and goods quality.
2. A fine of between VND
20.000.000 and 30,000,000 shall be imposed for either of the following acts:
a/ Breaking without permission
seals on goods or material evidences used in violations which have been sealed
up or are temporarily seized by inspection agencies;
b/ Dispersing or destroying
goods or material evidences used in violations which are being examined or
temporarily seized.
3. Remedy:
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Chapter
III
SANCTIONING COMPETENCE
AND PROCEDURES
Article 29.
Sanctioning competence of the specialized science and technology inspectorate
1. Specialized science and
technology inspectors on public duty may:
a/ Serve caution:
b/ Impose fines of up to VND
500,000;
c/ Confiscate material evidences
or means valued at up to VND 2,000,000 used in administrative violations;
d/ Force the application of
remedies specified in Clause 3, Article 3 of this Decree, except those
mentioned at Points b and d.
2. Chief inspectors of
provincial-level Science and Technology Services may:
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b/ Impose fines of up to VND
30,000,000 ;
c/ Deprive for a definite or
indefinite duration of the right to use decisions, permits or practice certificates
granted by competent agencies or organizations in the domain of standards,
metrology and product and goods quality;
d/ Confiscate material evidences
or means used in administrative violations;
dd/ Force the application of
remedies specified in Clause 3, Article 3 of this Decree, except forcible
re-export.
3. The Chief Inspector of the
Ministry of Science and Technology may:
a/ Serve caution;
b/ Impose fines of up to the
maximum level specified in this Decree;
c/ Deprive for a definite or
indefinite duration of the right to use decisions, permits or practice
certificates granted by competent agencies or organizations in the domain of
standards, metrology and product and goods quality;
d/ Confiscate material evidences
or means used in administrative violations;
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Article 30.
Competence of presidents of People's Committees at all levels to handle
administrative violations
1. Commune-level People's
Committee presidents may sanction administrative violations in the domain of
standards, metrology and product and goods quality, for acts specified in
Article 6, Clause 1 of Article 7 and Clause 1 of Article 8. of this Decree, and
force the application of remedies specified at Points a, c, f and g. Clause 3,
Article 3 of this Decree.
2. District-level People's
Committee presidents may:
a/ Serve caution;
b/ Impose fines of up to VND
30,000,000 ;
c/ Confiscate material evidences
or means used in administrative violations;
d/ Force the application of
remedies specified in Clause 3. Article 3 of this Decree, except forcible
re-export.
2. Provincial-level People's
Committee presidents may:
a/ Serve caution;
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c/ Confiscate material evidences
or means used in administrative violations;
d/ Force the application of
remedies specified in Clause 3, Article 3 of this Decree.
Article 31.
Sanctioning competence of other agencies
If detecting administrative
violations in the domain of standards, metrology and product and goods quality,
public security, customs and market management forces, specialized
inspectorates and other agencies may, within the ambit of their assigned
functions, tasks and powers, sanction administrative violations under the
Ordinance on Handling of Administrative Violations and this Decree.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 32.
Effect
This Decree takes effect on July
31, 2009. This Decree replaces the Government's Decree No. 126/2005/ND-CP of
October 10, 2005. providing for the sanctioning of administrative violations in
the domain of metrology and product and goods quality, and the Government's
Decree No. 95/2007/ND-CP of June 4, 2007, amending and supplementing a number
of articles of the Government's Decree No. 126/2005/ND-CP of October 10, 2005.
Previous regulations which are contrary to this Decree are all annulled.
Article 33.
Implementation guidance
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Article 34.
Implementation responsibility
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
presidents of provincial-level People's Committees shall implement this
Decree.-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung