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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
01/2002/ND-CP
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Hanoi,
January 03, 2002
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DECREE
AMENDING AND
SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE No. 01/CP OF
JANUARY 3, 1996 ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE FIELD OF
TRADE
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Commercial Law of May 23, 1997;
Pursuant to the Enterprise Law of June 26, 1999;
Pursuant to the Ordinance on Handling of Administrative Violations of July 6,
1995;
At the proposal of the Trade Minister,
DECREES:
Article 1.- To amend and supplement a
number of articles of the Government’s Decree No.01/CP of January 3, 1996 on
sanctions against administrative violations in the field of trade (hereinafter
referred to as Decree No.01/CP) as follows:
1. To add Point e to Clause 2, Article 1 as
follows:
e/ Violations of regulations on goods labeling
and goods stamps.
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Article 4.- Sanctioning of the violations
of regulations on business registration applicable to enterprises or branches
and/or representative offices of enterprises engaged in trading business
1. A warning or a fine of between VND 100,000
and 500,000 shall be imposed for one of the following violations:
a/ Failing to keep the business registration
certificates, the representative office or branch-setting up or operation
registration certificates at the registered business head offices;
b/ Failing to report the loss of business
registration certificates, representative office or branch-setting up or
operation registration certificates or valid copies thereof to the agencies
that have granted such business registration certificates or setting up or
operation registration certificates.
2. A fine of between VND 200,000 and 1,000,000
shall be imposed for acts of temporarily ceasing business operation without
notifying such to the agencies that have granted business registration
certificates or terminating business operation without declaring it for
deletion of the enterprise’s name from the name registry as prescribed.
3. A fine of between VND 1,000,000 and 3,000,000
shall be imposed for acts of leasing or lending business registration
certificates or representative office or branch-setting up or operation
registration certificates.
4. A fine of between VND 2,000,000 and 5,000,000
shall be imposed for one of the following violations:
a/ Hiring or borrowing business registration
certificates or representative office or branch-setting up or operation
registration certificates;
b/ Conducting business or activities in
contravention of the contents inscribed in business registration certificates
or representative office or branch-setting up or operation registration
certificates;
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d/ Continuing business operation after such
business operation is suspended or business registration certificates or
representative office or branch-setting up or operation registration
certificates are withdrawn.
5. A fine of between VND 5,000,000 and
10,000,000 together with business operation suspension shall be imposed for
acts of conducting business without business registration or business licenses
when dealing in goods items which, as prescribed by law, require business license.
6. Provisions in Clauses 1, 2, 3, 4 and 5 of
this Article shall also apply to acts of breaching investment licenses,
decisions on the setting up of branches or representative offices of foreign
investment enterprises, licenses for setting up of representative offices or
branches of foreign traders conducting trading business and service activities
in Vietnam.
7. Additional sanctioning forms: suspension or
withdrawal of business or operation registration certificate of representative
offices or branches for 6 months for violation acts prescribed in Clause 3 and
Point c, Clause 4 of this Article.
3. To amend and supplement Article 5 as follows:
Article 5.- Sanctioning of violations of
regulations on business registration applicable to private business households.
1. A warning or a fine of between VND 50,000 and
200,000 shall be imposed for one of the following violations:
a/ Failing to report the loss of business
registration certificates to the agencies that have granted such business
registration certificates;
b/ Failing to keep business registration
certificates or valid copies thereof at the business registration places;
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d/ Failing to return the business registration
certificates to the business registration certificate granting agencies when
relocating business places to other urban or rural districts.
2. A fine of between VND 200,000 and 1,000,000 shall
be imposed for acts of leasing or lending business registration certificates.
3. A fine of between VND 200,000 and 2,000,000
shall be imposed for one of the following acts:
a/ Hiring or borrowing business registration
certificates;
b/ Conducting business activities in
contravention of the contents inscribed in business registration certificates;
c/ Modifying contents of business registration
certificates which are different from the registered contents.
d/ Continuing business operation after decisions
on business operation suspension are issued by competent agencies or the
business registration certificates are withdrawn.
4. A fine of between VND 2,000,000 and 5,000,000
together with business operation suspension shall be imposed for acts of
conducting business without registration or business licenses when dealing in
goods items which, as prescribed by law, require business license.
5. Additional sanctioning forms: suspension or
withdrawal of business registration certificates for between 3 and 6 months for
violation acts prescribed in Clause 2 and Point c, Clause 3 of this Article.
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Article 10a.- Sanctioning of violations
of regulations on goods labels.
1. A warning or a fine of between VND 50,000 and
200,000 shall be imposed for one of the following acts:
a/ Trading in goods with ragged labels or labels
with dim inscriptions that cannot be read.
b/ Trading in goods with labels designed not in
compliance with the regulations on sizes, position, inscribing methods and
languages.
2. A warning or a fine of between VND 100,000
and 500,000 shall be imposed for acts of trading in goods with labels not in
compliance with regulations.
3. A fine of between VND 200,000 and 1,000,000
shall be imposed for one of the following acts of violating the regulations on
compulsory label content:
a/ Trading or storing goods with labels not
inscribed with goods names, names and addresses of traders responsible for such
goods.
b/ Trading or storing goods with labels not
inscribed with goods quantity, composition and major quality norms.
c/ Trading or storing goods with labels or
accompanying documents not inscribed with goods�
date of manufacture, use duration, preservation duration, use and preservation
instructions.
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e/ A fine of between VND 500,000 and 2,000,000
shall be imposed for violation acts prescribed in Clause 3 of this Article if
involved goods are medicaments for human beings, animals or plants, vaccines,
medical bio-products.
4. A fine of between VND 500,000 and 2,000,000
shall be imposed for acts of trading in labeless goods, which must have labels
as prescribed by law.
5. A fine of between VND 500,000 and 2,000,000
shall be imposed for acts of trading in goods with labels improperly inscribed
with optional contents according to the goods labeling regulation.
6. A fine of between VND 1,000,000 and 3,000,000
shall be imposed for one of the following acts:
a/ Trading or storing goods with labels
inscribed with wrong goods names, names and addresses of traders responsible
for such goods.
b/ Trading or storing goods with labels or
accompanying documents inscribed with wrong date of manufacture, use duration,
preservation duration, use and preservation instructions.
c/ Trading or storing imported goods with labels
inscribed with wrong names of the countries of origin as prescribed.
7. A fine of between VND 2,000,000 and 5,000,000
shall be imposed for acts of trading or storing goods with labels with their
contents or presentations already erased, crossed out, modified, or with
changed or fraudulently substituted labels.
8. A fine of between VND 2,000,000 and 5,000,000
shall be imposed for one of the following acts: trading, storing or
transporting assorted goods labels or goods labels with contents or
presentations in contravention of law provisions.
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a/ Producing or importing goods with ragged
labels or labels with dim inscriptions that cannot be read.
b/ Producing or importing goods with labels
designed not in compliance with regulations on sizes, position, inscribing
methods and languages.
10. A fine of between VND 500,000 and 2,000,000
shall be imposed for one of the following acts:
a/ Producing or importing goods with labels not
inscribed with goods names, names and addresses of traders responsible for such
goods.
b/ Producing or importing goods with labels not
inscribed with goods�
quantity, composition and/or major quality norms.
c/ Producing or importing goods with labels not
inscribed or without any accompanying documents inscribed, with date of
manufacture, use duration, preservation duration, use and preservation
instructions.
11. A fine of between VND 500,000 and 2,000,000
shall be imposed for acts of producing or importing goods with labels
improperly inscribed with optional contents according to the goods labeling
regulation.
12. A fine of between VND 1,000,000 and
5,000,000 shall be imposed for one of the following acts:
a/ Producing or importing goods with labels with
goods names, names and addresses of traders responsible for goods inscribed not
in compliance with regulations.
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c/ Producing or importing goods with labels
inscribed with wrong origin of such goods.
13. A fine of between VND 2,000,000 and
10,000,000 shall be imposed for acts of producing or importing labelless goods,
which must have labels as prescribed by law, or failing to add auxiliary labels
in Vietnamese language.
14. A fine of between VND 2,000,000 and
10,000,000 shall be imposed for acts of producing or importing goods with
labels with contents erased or modified, or with changed or fraudulently
substituted labels.
15. A fine of between VND 2,000,000 and
10,000,000 shall be imposed for acts of producing, printing or importing
assorted goods labels with contents or presentations not compliant with law
provisions.
16. A fine of between VND 2,000,000 and
10,000,000 shall be imposed for acts of trading in, transporting or storing for
sale goods labels, marks or packing of all kinds, which bear signs identical or
similar to those of trademarks or appellations of goods origin currently under
protection, thus causing confusion.
17. A fine of between VND 5,000,000 and
20,000,000 shall be imposed for acts of producing or importing goods labels,
marks or packing of all kinds, which bear signs identical or similar to those
of trademarks or appellations of goods origin currently under protection, thus
causing confusion.
18. Additional sanctioning forms and other
measures:
a/ Forcible cessation of circulation of goods
with labels violating the provisions in Clauses 1, 2, 3, 4, 6, 9, 10, 12, 13
and 15 of this Article.
b/ Forcible destruction of goods labels, for
violation acts prescribed in Clauses 8, 16 and 17 of this Article.
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d/ Forcible overcoming of violations
consequences, for violation acts prescribed in Clauses 5 and 10 of this
Article.
e/ Apart from being subject to the above
sanctioning forms, before putting their goods into circulation, the violating
organizations and individuals shall also have to abide by the goods labeling
regulation and may be compelled to apply remedies to overcome consequences or
pay damages of up to VND 1,000,000 to damage sufferers, for violation acts
prescribed in Clauses 7 and 14 of this Article.
Article 10b.- Sanctioning of violation
acts of inscribing goods labels with goods quantity, composition and major
standard norms at variance with the already announced ones
1. A fine of between VND 200,000 and 1,000,000
shall be imposed for acts of trading in goods with contents inscribed on their
already publicized labels untrue to their actual quantities, but without
causing any harms to health of human beings, animals, plants and environment.
2. A fine of between VND 1,000,000 and 3,000,000
shall be imposed for acts of trading in goods with contents inscribed on their
already publicized labels untrue to natural origins, names, utilities,
composition and major quality norms of goods, but without causing any harms to
health of human beings, animals, plants or environment.
3. A fine of between VND 500,000 and 2,000,000
shall be imposed for acts of producing or importing goods with quantity details
inscribed on their already publicized labels untrue to their actual quantities.
4. A fine of between VND 2,000,000 and 5,000,000
shall be imposed for acts of producing or importing goods with contents of
natural origins, names, utilities, composition and major quantity norms
inscribed on their labels untrue to the goods reality regarding any of the said
contents, but without causing any harms to health of human beings, animals,
plants or environment.
5. A fine of between VND 5,000,000 and
10,000,000 shall be imposed for one of the following violation acts:
a/ Trading in goods containing added impurities
and/or additives, which are not permitted for use, and change such goods
quality; goods containing no or little pharmaceuticals, or containing
pharmaceuticals different from those inscribed on goods labels or packing;
goods containing no or insufficient active elements or effective matters to
constitute their utility; goods containing active elements or effective matters
other than those announced on goods labels or packing.
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c/ Trading in goods with an incomplete
composition or made of substituted raw materials or spare parts with inferior
quality, as compared to the already announced goods quality, thus adversely
affecting the production, health of human beings, animals, plants or
environment.
6. A fine of between VND 10,000,000 and
20,000,000 shall be imposed for one of the following violation acts:
a/ Producing or importing goods containing added
impurities and/or additives which are not permitted for use and change their quality;
goods containing no or little pharmaceuticals or containing pharmaceuticals
different from those inscribed on goods labels or packing; goods containing no
or insufficient active elements or effective matters to constitute their
utility; goods containing active elements or effective matters other than those
announced on goods labels or packing.
b/ Producing or importing goods with use value
untrue to the already announced nature origins, names and utility, thus
affecting the health of human beings, animals, plants or environment.
c/ Producing or importing goods with an
incomplete composition or made of substituted raw materials or spare parts with
inferior quality as compared to the already announced goods quality, thus
adversely affecting the production, health of human beings, animals, plants or
environment.
7. Additional sanctioning forms and other
measures:
a/ Forcible destruction of goods labels, for
violation acts prescribed in Clauses 1, 2, 3 and 4 of this Article, and
addition of new labels in strict compliance with law provisions.
b/ Confiscation of goods and means used in
violations, for violation acts prescribed in Clauses 5 and 6 of this Article.
c/ Forcible overcoming of violations
consequences, for violation acts prescribed in Clauses 5 and 6 of this Article.
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Article 10c.- Sanctioning of violations
of regulations on stamps for home-made goods and imported goods
1. A warning or a fine of between VND 50,000 and
200,000 shall be imposed for acts of sticking home-made goods stamps on wrong
positions, using ragged stamps or failing to stick stamps directly on goods.
2. A fine of between VND 100,000 and 2,000,000
shall be imposed for acts of trading in, storing or transporting stampless
home-made goods, which must be stuck with stamps as prescribed by law.
3. A fine of between VND 2,000,000 and 5,000,000
shall be imposed for acts of producing stampless home-made goods, which must be
stuck with stamps as prescribed by law.
4. A fine of between VND 100,000 and 1,000,000
shall be imposed for acts of trading in, transporting or storing imported
goods, which must be stuck with stamps as prescribed by law, but with stamps
stuck on wrong positions or with stamps of wrong categories.
5. A fine of between VND 200,000 and 5,000,000
shall be imposed for acts of trading in, transporting or storing imported
goods, which must be stuck with stamps as prescribed by law, but unstuck with
any stamps or stuck with ragged stamps with unreadable letters and numerals, or
with stamps stuck not directly on goods.
6. A fine of between VND 5,000,000 and
20,000,000 shall be imposed for acts of producing, trading in, storing or
transporting home-made goods and/or imported goods stamps not issued by the State.
7. Additional sanctioning forms: Confiscation of
goods and/or means used in violation acts prescribed in Clauses 2, 3 and 5 of
this Article. Forcible destruction of material evidences, for violations
prescribed in Clause 6 of this Article.
Article 2.- This Decree takes effect 15
days after its signing. The other provisions of the Government’s Decree
No.01/CP of January 3, 1996 on sanctions against administrative violations in
the field of trade shall remain effective.
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Article 4.- The ministers, the heads of
the ministerial-level agencies, the heads of the agencies attached to the
Government, and the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai