THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
01-CP
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Ha
Noi
, January 03, 1996
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DECREE
OF THE GOVERNMENT ON SANCTIONS AGAINST VIOLATIONS OF
ADMINISTRATIVE REGULATIONS IN THE FIELD OF TRADE
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Proceeding from the Ordinance on the Handling of Violations of Administrative
Regulations of July 6, 1995;
At the proposal of the Minister of Trade,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope and
subjects of regulation:
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2. The violations of administrative regulations
in the field of trade as speculated in this Decree include:
a) Violations of regulations on purchase, sale,
export and import of goods.
b) Violations of service procedures in delivery,
storage, preservation and transport of goods.
c) Violations of regulations on goods promotion,
fair, trade exhibition, trade mediation and mandated trade transaction.
d) Violations of regulations on catering
service, tourism, hostelry, inn accommodation, mortgage, repair of home
appliances, renting of utensils, product warranty and other commercial
services.
3. All organizations and individuals that commit
acts of violation of administrative regulations in the field of trade shall be
subjected to sanctions speculated in this Decree and the other Decrees and
regulations of the Government on sanctions of violations of administrative
regulations related to trade activities.
Foreign organizations and individuals that
commit acts of violations of administrative regulations in the field of trade
on the Vietnamese territory shall also be sanctioned as any Vietnamese
organizations and individuals, except otherwise provided for in International
Conventions that Vietnam has acceded to or signed.
Article 2.- The
principles for administrative sanctions in the field of trade are as follows:
1. The authority in administering administrative
sanctions in the field of trade shall be exercised in line with the provisions
of the Ordinance on the Handling of Violations of Administrative Regulations.
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3. Each violation of administrative regulations
shall receive only one sanction. A person who commits different violations of
administrative regulations shall be administered sanctions for each of those
violations. Many persons who commit one violation of administrative regulations
shall each receive a sanction.
4. The sanctioning of the violation of
administrative regulations shall be decided upon consideration of its nature,
degree of seriousness, its aggravating and extenuating factors as provided for
in Articles 7 and 8 of the Ordinance on the Handling of Violations of
Administrative Regulations, so as to arrive at the appropriate form, degree and
measure of sanction as provided for in this Decree and the other Decrees and
regulations of the Government on administrative sanctions.
5. Administrative sanctions shall not be given
to offenders who are suffering from psychological and other ailments which have
deprived them of the reasoning power or the ability to control their own
behaviors.
6. The time limit for administrative sanctions
and the time considered as unstained by any administrative sanction shall be
implemented as provided for in Articles 9 and 10 of the Ordinance on the
Handling of Violations of Administrative Regulations.
Article 3.- The
application of the forms of administrative sanctions and other measures
provided for by this Decree is administered as follows:
1. In handling administrative sanctions as
provided for by this Decree, the competent authority shall only resort to the
forms of sanction and other measures already provided for by law.
2. Warning: Warning is applied to minor and firsttime
offenders with extenuating factors.
3. Fine: Depending on the nature and degree of
seriousness of the violation, the fine shall be decided within the set fine
brackets.
A violation with extenuating factors may receive
a lower fine but which shall not be below the lowest fine provided for in the
set brackets.
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A violation with multiple aggravating factors as
provided for in Item 3, Article 13, of the Ordinance on the Handling of
Violations of Administrative Regulations shall be administered a fine as set
for violations with multiple aggravating factors.
4. Additional sanctions and measures may be
administered alongside administrative sanctions.
5. Depending on the nature and degree of seriousness
of their violations of administrative regulations in the field of trade,
individuals and organizations may also be given one or more of these additional
sanctions:
- Definitive suspension of the service and
business operation.
- Withdrawal of the right to use business permit
for a given or indefinite period.
- Confiscation of goods, material evidences and
instruments employed in the violation.
The confiscation of goods, material evidences
and instruments employed in the violation shall be applied to the goods,
material evidences and instruments the confiscation of which is provided for by
law.
Chapter II
THE VIOLATIONS OF
ADMINISTRATIVE REGULATIONS IN THE FIELD OF TRADE, AND THE FORMS AND DEGREES OF
SANCTION
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1. A warning or a fine from 100,000 VND to
500,000 VND for one of the following violations:
a) Using expired business registration permit or
expired representative office license.
b) Failure to declare the loss of the
registration permit for business or representative office license.
c) Failure to keep at the head office the
registration permit for business or representative office license as provided
for by regulations.
2. Fine of from 200,000 VND to 1,000,000 VND for
one of the following violations:
a) Not running public announcement on newspapers
as required by regulations after receiving the business permit or after
changing contents of the business permit or after dissolving the enterprise.
b) Continuing operation after being forced to
suspend temporarily or terminate the operation of the business or the
representative office.
3. A fine from 1,000,000 to 5,000,000 VND and
revocation of the right to use permit for business or representative office
license for up to 1 (one) year for one of the following violations:
a) Leasing or lending the permit for business or
representative office license.
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c) Operating business activities not provided
for in the permit for business or representative office license.
d) Altering the permit for business or
representative office license.
4. A fine from 2,000,000 VND to 10,000,000 VND
and a suspension of business operation for making a business transaction
without registration or for operating the representative office without permit.
In case of a violation with multiple aggravating factors, the fine may go up to
30,000,000 VND.
Article 5.- Sanction
against of violations of the provisions on registration permit for trade
operation by business individuals and groups as stipulated by Decree No.66-HDBT
of March 2, 1992, (hereafter referred to as business individuals):
1. A warning or a fine from 50,000 VND to
200,000 VND for one of the following violations:
a) Using expired business permits.
b) Failure to declare the loss of a business
permit.
c) Failure to keep the business permit at the
place of business.
2. A fine from 100,000 VND to 500,000 VND for
one of the following violations:
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b) Continuing a business operation which has
been ordered to suspend or terminate.
3. A fine from 200,000 VND to 1,000,000 VND and
revocation of the right to use the business permit for up to 1 (one) year for
one of the following violations:
a) Altering the Business Permit.
b) Leasing or lending the Business Permit.
c) Hiring or borrowing the Business Permit to
operate a business activity.
d) Operating businesses not provided for in the
Business Permit.
4. A fine from 500,000 to 2,000,000 VND and
suspension of business operation for a violation which involves a business
operation without permit.
Article 6.- Sanctions
against violations of the regulations on goods and banned business activities:
1. A fine from 500,000 to 5,000,000 VND and
confiscation of the goods and instruments involved in the business operation
dealing in services banned by the State. In case of multiple aggravating
factors, the fine may go up to 30,000,000 VND.
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Article 7.- Sanctions against
violations of the regulations on goods and conditional business services:
1. A fine from 200,000 VND to 1,000,000 VND for
a business transaction of goods or service in the category requiring conditions
if the transaction is undertaken without a certificate that the business
conditions are met. To suspend the business operation until a certificate that
the business conditions are met is obtained.
2. A fine from 1,000,000 VND to 5,000,000 VND
for a business transaction of goods or service in the category requiring
conditions if the transaction fails to meet the conditions. To force
compensation for the damages; to force restoration to the original state of the
changed state; to force application of the measures to overcome the
environmental pollution and epidemic spread caused by the violation of
administrative regulations. In cases of multiple aggravating factors, the fine
may go up to 30,000,000 VND.
Article 8.- Sanctions
against violations of administrative regulations on goods and services:
1. A warning or fine from 50,000 VND to 200,000
VND for failure to post prices of goods and services as required by the State.
2. A fine from 500,000 VND to 2,000,000 VND for
a sale or service which carries a charge higher than set by the authorized
State agency. To force compensation for the resulting damage; to confiscate the
money obtained from the balance.
Article 9.- Sanctions
against violations of administrative regulations concerning the head office of
the enterprise, representative office and commercial store and shop:
1. A fine from 100,000 VND to 500,000 VND for an
undeclared change of the office of the representative office or enterprise, or
of the operating site of the business person.
2. A fine from 500,000 VND to 2,000,000 VND for
one of the following violations:
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b) The enterprise leases or lends its trade name
at variance with the provisions of law.
c) The enterprise rents, borrows or use the
trade name of another enterprise to do business at variance with the provisions
of law.
Article 10.- Sanctions
against violations in the relations with customers:
1. A warning or fine from 100,000 VND to 500,000
VND and forcible compensation for the damage caused by one of the following violations:
a) Refusal to carry out the product warranty and
service set by the State or pledged by the enterprise itself.
b) Refusal to carry out the product warranty and
service as required.
2. A fine from 200,000 VND to 1,000,000 VND and
forcible compensation for the damage caused by one of the following violations:
a) Under weighing, under measuring or under
counting goods for customers.
b) Changing the goods or committing any other
acts of cheating that causes damage to customers.
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1. A fine from 100,000 VND to 500,000 VND for
one of the following violations:
a) Using agent or serving as agent without
meeting the conditions on agency in sale, purchase or service.
b) Using agent or serving as agent without
contract as required by regulations.
2. A fine from 500,000 VND to 2,000,000 VND for
an illegal business act committed in the name of an agent.
Article 12.- Sanctions
against violations of the regulations on operation as sales, purchase and
service agency for a foreign party:
1. A fine from 500,000 VND to 3,000,000 VND for
an act of serving as sales, purchase or service agent for a foreign party
without a contract as required.
2. A fine from 3,000,000 VND to 10,000,000 VND
and suspension or revocation of the right to use the agent permit for up to 1
(one) year for one of the following violations:
a) Serving as purchase, sales or service agent
for a foreign party without an agent permit.
b) Serving as purchase, sales or service agent
for a foreign party at variance with the agent permit.
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When the main organization abroad has gone bankcrupt
or has been dissolved but its representative office or branch of its
representative office do not cease its operation, the latter shall be
sanctioned in accordance with Item 2, Article 20, of Decree No.82-CP of August
2nd, 1994, on the Regulations on Establishment and Operation of the
Representative Offices of foreign economic organizations in Vietnam.
Article 14.- Sanctions
against violations of the regulations on import and export of goods:
1. A fine from 1,000,000 VND to 5,000,000 VND
for the authorization to use or the use of an expired import and export permit
to import or export goods.
2. A fine from 2,000,000 VND to 10,000,000 VND,
confiscation of the goods and material evidence involved, and revocation of the
right or license to do business in direct import and export for up to 1 (one)
year. In cases of multiple aggravating factors, the fine may go up to
50,000,000 VND for one of the following violations:
a) Export or import of goods outside the
permitted scopes of goods categories and items for direct importexport business.
b) Export or import of goods in quantity and
value not prescribed in the export or import permit.
3. A fine from 5,000,000 VND to 20,000,000 VND
and confiscation of goods, material evidence involved. In cases of multiple
aggravating factors, the fine may go up to 100,000,000 VND for one of the
following violations:
a) Engaging in direct export or import without
permit.
b) Export or import without permit of goods
which require an export or import permit.
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d) Purchase, sales, assignment of export and
import quotas already assigned (including quotas assigned to Vietnam by foreign
parties).
Article 15.- Sanctions
against violations of the regulations on making and accepting consignment in
import and export:
1. A fine from 1,000,000 VND to 5,000,000 VND
for a consignment of import or export of goods which is not in line with the
business scope prescribed in the Business Registration or Business Permit on
the lines and categories of goods.
2. A fine from 2,000,000 VND to 10,000,000 VND
and revocation of the right to use business permit for direct import and export
for up to 6 (six) months for the reception of import or export consignment
which is not within the permitted scope of imports and exports.
Article 16.- Sanctions
against violations of the regulations on transport of goods:
1. A fine from 1,000,000 VND to 5,000,000 VND
and revocation of the right to use the permit for direct import and export for
up to 6 (six) months for an act of transporting goods not consistent with the
permit for goods transport.
2. A fine from 2,000,000 VND to 10,000,000 VND
for an act of transporting goods without a permit for business operation in
goods transport.
3. A fine from 5,000,000 VND to 20,000,000 VND
and confiscation of goods and material evidences involved in the unauthorized distribution
of goods on transit in Vietnamese territory. In case of multiple aggravating
factors, the fine may go up to 100,000,000 VND.
Article 17.- Sanctions
against violations of the regulations on goods temporarily imported for reexport:
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2. A fine from 2,000,000 VND to 10,000,000 VND
for a transaction on temporary import for re-export without a relevant permit.
3. A fine from 5,000,000 VND to 20,000,000 VND
and a confiscation of the involved goods and material evidences. In case of
multiple aggravating factors, the fine may go up to 100,000,000 VND for one of
the following violations:
a) Temporary import for re-export of goods which
are banned from export or import (except for goods allowed by the State under
separate regulations).
b) Unauthorized consumption within the
Vietnamese territory of goods on temporary import for re-export.
Article 18.- Sanctions
against violations of the regulations on consumption of goods produced by
foreign-invested enterprises:
1. A fine from 2,000,000 VND to 10,000,000 VND,
and up to 50,000,000 VND in case of multiple aggravating factors, for a
violation by a foreign-invested enterprise in distributing products within the
Vietnamese territory in excess of the percentage or quantity, categories and
value allowed for distribution in Vietnam.
2. A fine from 5,000,000 VND to 20,000,000 VND
and confiscation of the involved goods and material evidences. In case of
multiple aggravating factors, the fine may go up to 100,000,000 VND for an
illegal distribution within the Vietnamese territory of the imports which are
to be used for establishment of the joint-venture enterprise or enterprise with
100% foreign investment as prescribed in the investment license.
Article 19.- Sanctions
against violations of the regulations on duty-free commodities:
1. A fine from 1,000,000 VND to 5,000,000 VND
and suspension of business operation for a shop dealing in duty-free
commodities without a relevant license.
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3. A fine from 5,000,000 VND to 20,000,000 VND
and confiscation of the involved goods and material evidences, even 50,000,000
VND in case of multiple aggravating factors, and revocation of the right to
deal in duty-free commodities for up to 6 (six) months, for a distribution of
duty-free commodities in excess of the amount allowed for the duty-free shop
regarding the imports for sale at the duty-free shop.
Article 20.- Sanctions
against violations of the regulations on trade fair and exhibition:
1. A fine from 200,000 VND to 1,000,000 VND for
an act of organizing a trade fair or an exhibition not consistent with the
permit for business in organizing trade fairs and exhibitions or the permit for
organizing such a trade fair or exhibition, and revocation of the permit for
business in organizing trade fairs and exhibitions for up to 1 (one) year.
2. A fine from 500,000 VND to 2,000,000 VND for
an act of organizing a trade fair or an exhibition without a permit for
business in organizing trade fairs and exhibitions or a permit for organizing
such a trade fair or exhibition.
3. A fine from 1,000,000 VND to 5,000,000 VND
for one of the following violations:
a) Displaying or introducing goods and services
which are banned from business and import by the State.
b) Selling goods and commodities on display and
other goods at the trade fair or exhibition without permit.
c) Selling goods at the trade fair or exhibition
which are not consistent with the authorized terms.
4. A fine from 5,000,000 VND to 15,000,000 VND
for an act of illegal consumption of goods temporarily imported for display at
a trade fair or exhibition, and confiscation of the involved goods and material
evidences.
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A fine from 1,000,000 VND to 10,000,000 VND and
confiscation of the involved material evidences and instruments, and up to
30,000,000 VND in case of multiple aggravating factors, for one of the
following violations:
a) The owner or driver of the transport means
intentionally transports goods which are banned by the State from business, or
goods which are imported illegally.
b) The owner of stores, storage yards, houses,
shops, etc., who intentionally stores, or assists in the consumption of goods
which are banned by the State from business or goods which are imported
illegally.
Article 22.- Sanctions
against other violations by foreign individuals and organizations:
1. A fine from 1,000,000 VND to 5,000,000 VND
for acts committed by foreign organizations and individuals in distributing
within Vietnamese territory consumer goods which are imported duty free for use
as provided for by regulations (except for those covered by Point (b), Item 2,
of this Article).
2. A fine from 5,000,000 VND to 20,000,000 VND
and confiscation of the involved goods and material evidences. In case of
multiple aggravating factors, the fine may go up to 100,000,000 VND for foreign
organizations and individuals who commit one of the following violations:
a) Operating a trading business within
Vietnamese territory without permission by the competent State authority.
b) Selling within the Vietnamese territory communications
means, communication equipment and office and interior equipment which have
been imported duty free for use as provided for by regulations.
c) Selling within Vietnamese territory transport
means, communications means temporarily brought into Vietnam.
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1. A warning or a fine from 200,000 VND to 1,000,000
VND for one of the following violations:
a) Failing to produce or not producing all the
documents and papers related to the inspection of the violation.
b) Failing to report or to report not truthfully
the content related to the inspection and handling of the violation.
2. A fine from 500,000 VND to 2,000,000 VND and
a forcible compensation of the damage caused by one of the following
violations:
a) To hinder the inspection and control of State
agencies and their staffs that are assigned to conduct the inspection and
control.
b) Intentionally to delay or evade the
implementation of the administered sanction against the violation of
administrative regulations.
3. A fine from 1,000,000 VND to 5,000,000 VND
and forcible compensation for the losses of evacuated goods and material
evidences involved in one of the following violations:
a) Deliberately to undo seals on goods and
material evidences which are being sealed or temporarily detained.
b) To smuggle away goods and material evidences
which are being inspected or temporarily detained.
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COMPETENCE AND PROCEDURE
N ORDERING SANCTIONS AGAINST VIOLATIONS OF ADMINISTRATIVE REGULATIONS IN THE
FIELD OF TRADE
Article 24.- The
competence in ordering sanctions against violations of administrative regulations
in the field of trade of the People's Committees at different levels:
1. The President of the People's Committee of
commune or ward or township has the authority to:
a) Issue warnings.
b) Order fines of up to 200,000 VND.
c) Confiscate goods, material evidences and
tools which are employed in the violation of administrative regulations and
which are valued up to 500,000 VND.
d) Forcible compensation of up to 500,000 VND
for damage caused by the violation.
e) Forcible restoration to the original state
what has been changed by the violation of administrative regulations.
f) Forcible suspension of activities which cause
environmental pollution or spread of epidemics.
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2. The President of the People's Committee of
district or provincial town or provincial city has the authority to:
a) Issue warnings.
b) Order fines of up to 10,000,000 VND.
c) Confiscate goods, material evidences and
tools which are employed in the violation of administrative regulations and
which are valued to 100,000,000 VND.
d) Revoke the right to use the permit for trade
business issued by an authority of district level for up to 1 (one) year.
e) Order forcible compensation for up to 1,000,000
VND for the damage caused by the violation of administrative regulations.
f) Order forcible implementation of measures to
overcome the consequences of the violation of administrative regulations.
g) Order forcible destruction as regulated of
goods which are harmful to human health, and of depraved cultural products.
3. The President of the People's Committee of
province or city directly under the Central Government has the authority to:
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b) Order fines of up to 100,000,000 VND.
c) Order the confiscation of goods, material
evidences and tools which are employed in the violation of administrative
regulations.
d) Order the revocation of the right to use the
Trade Business Permit and Trade Business Registration issued by the province or
city authority.
e) Apply other sanctioning measures stipulated
in Points (e), (f) and (g), Item 2, of this Article.
Article 25.- Competence
of the Market- Management Service in sanctioning violations of administrative
regulations:
1. The Controller on duty has the authority to:
a) Issue warnings.
b) Order fines of up to 200,000 VND.
2. The Chief of a Market-Management Team has the
authority to:
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b) Order fines of up to 1,000,000 VND.
c) Order confiscation of goods, material
evidences and tools which are employed in the violation of administrative
regulations and which are valued up to 20,000,000 VND.
d) Order forcible destruction as regulated of
the goods which are harmful to human health, and of depraved cultural products.
3. The Chief of a Regional Market-Management
Station has the authority to:
a) Issue warnings.
b) Order fines of up to 10,000,000 VND
c) Order confiscation of the goods, material
evidences and tools which are employed in the violation of administrative
regulations and which are valued up to 100,000,000.
d) Order revocation for up to 1 (one) year of
the right to use the business permits issued by district-level authority, and
the other permits for trade activities issued by the provincial services.
e) Order forcible destruction as regulated of
the goods which are harmful to human health, and of depraved cultural products.
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a) Issue warnings.
b) Order fines of up to 20,000,000 VND.
c) Order the confiscation of the goods, material
evidences and tools which are employed in the violation of administrative
regulations.
d) Order the revocation of the right to use the
Business Permit, Business Registration and the other permits for trade activities
issued by the local authorities.
e) Order the forcible destruction as regulated
of the goods which are harmful to human health, and of depraved cultural
products.
Article 26.- Competence
of the People's Police, Customs Office, Frontier Guard Force and Specialized
Inspection Bodies in handling violations of administrative regulations in the
field of trade.
1. The competent authorities of the People's
Police, Customs Office, Frontier Guard Force and Specialized Inspection Bodies
have the authority to order sanctions against violations of administrative
regulations in the field of trade as provided for in Articles 29 and 30 of the
Ordinance on the Handling of Violations of Administrative Regulations.
2. In case the violation of administrative
regulations in the field of trade falls within the jurisdiction of many
specialized managerial authorities, the sanctioning shall be ordered by the
first authority that handles the case.
Article 27.- The
procedure for handling violations of administrative regulations in the field of
trade:
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2. The violations of administrative regulations
shall all be filed and stored in full at the offices of the sanctioning
authorities for a period of time as regulated.
3. Organizations and individuals that are fined
must pay the fines at the places specified in the sanctioning decisions. Direct
collection of fines in any form by the sanctioning authority is prohibited.
4. In applying the form of confiscation of the
material evidences and tools employed in the violation, the sanctioning
authority shall strictly follow the procedure specified in Article 51 of the
Ordinance on the Handling of Violations of Administrative Regulations. All
goods, material evidences and tools involved in the violation which are
confiscated shall be transferred to the financial authority of the same level
for auction as regulated. The proceeds of the auction shall be remitted to the
State Treasury as regulated.
5. The regime for the management and use of the
fines, proceeds from auctions of the involved goods, material evidences and
tools which are confiscated from the violations is effected according to
Government provisions.
Article 28.- The
implementation and enforcement of the sanction in the field of trade:
1. The organization and individual that is
sanctioned for a violation of administrative regulations as provided for by
this Decree shall strictly observe the sanctioning decision made by the
competent authority within the specified period of time. If he/she/it refuses
to implement the sanction or deliberately evades the sanction, forcible
implementation shall be applied to ensure the implementation, as provided for
in Article 55 of the Ordinance on the Handling of Violations of Administrative
Regulations and Article 23 of this Decree.
2. In applying measures to force the implementation
of the sanction against violation of administrative regulations, the competent
authority shall strictly comply with the procedures and order of forcible
implementation as prescribed by law.
Article 29.- The
application of measures to prevent violations of administrative regulations in
the field of trade:
1. In order to prevent promptly violations and
ensure the handling of the violations of administrative regulations in the
field of trade, the competent authority is allowed to apply preventive
administrative measures as provided for in Article 38 of the Ordinance on the
Handling of Violations of Administrative Regulations.
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Article 30.- The
denunciations and complaints against the sanctioning of violations of
administrative regulations in the field of trade and their settlement:
1. Any citizen has the right to denounce to the
competent State authority the acts of violation of administrative regulations
committed by organizations and individuals, as well as the acts of violation
committed by the competent authority in the handling of violations of
administrative regulations in the field of trade.
2. The organizations and individuals that commit
violations of administrative regulations and that are subjected to preventive
administrative measures (or their legitimate representatives) have the right to
complain about the sanctions or application of preventive measures against
them.
3. The procedures, order, time limit and
competence for complaint and denunciation as well as for the settlement of the
complaints and denunciations shall be conducted as provided for by the
Ordinance on the Handling of Violations of Administrative Regulations.
Article 31.- The
handling of the violations committed by the authorities with competence in
handling violations of administrative regulations in the field of trade is
applied as follows:
The competent authority in the handling of
violations of administrative regulations in the field of trade who commits
arbitrary actions, tolerance or coverup of wrongdoings, who refuses to
handle or handles not in time, improperly, or at variance with his/her
competence, or who usurps or uses without authorization the money, goods,
material evidence and tools confiscated from the violation, causes obstacles to
the lawful flow of goods and damage to business people, shall depending on the
nature of the violation and the degree of its seriousness be subjected to
administrative sanction or shall be examined for penal liability.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 32.- This Decree takes effect from the date of its signing. The
previous provisions on sanctions against violations of administrative
regulations in the field of trade which are contrary to this Decree are now
annulled.
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ON BEHALF OF
THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan
Van Khai
THE
GOVERNMENT
Vo Van Kiet