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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 80/2013/ND-CP
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Hanoi,
July 19, 2013
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DECREE
REGULATIONS ON SANCTION OF ADMINISTRATIVE VIOLATION IN THE
FIELD OF STANDARDS, METROLOGY AND QUALITY OF PRODUCTS AND GOODS
Pursuant to the Law on organization of the
Government dated December 25, 2001;
Pursuant to the Law on Standards and
Technical Regulations dated June 29, 2006;
Pursuant to the Law on quality of products
and goods dated November 21, 2007;
Pursuant to the Metrology Law dated November
11, 2011;
Pursuant to the Law on handling of
administrative violations dated June 20, 2012;
At the proposal of the Minister of Science
and Technology;
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Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of
adjustment
1. This Decree stipulates the acts of
administrative violation, forms of sanction, levels of sanction, remedial
measures, the jurisdiction and procedures for sanction of administrative
violations in the field of standards and technical regulations; measurement and
quality of products and goods (hereinafter referred to as the field of standards,
metrology and quality of products and goods).
2. Other administrative violations in the field
of standards, metrology and quality of products and goods not stipulated in
this Decree shall apply the provisions of the Government’s other decrees on
sanction of administrative violations in the relevant field of state management
for sanction.
Article 2. Forms of sanction
and remedial measures
1. For each administrative violation in the
field of standards, metrology and quality of products and goods, organizations
and individuals must undergo one of the main sanctions as a caution or a fine.
2. Depending on the nature and seriousness of
the violation, organizations and individuals that have acts of violation may
also be subject to additional forms of sanctions as follows:
a) Depriving the right to use with fixed term:
the Certificate of conformance, the Certificate of conformity, conformance
mark, conformity mark, the registration Certificate in the field of conformity
assessment, the registration Certificate of inspection, calibration and testing
operation, the inspection Certificate, the calibration Certificate, the
Decision on inspector certification, the Decision on recognized inspection
capability, the Decision on inspection, calibration and testing organization
appointment, the Decision on conformity assessment organization appointment;
the Decision on model approval, Certificate of code and barcode use right;
Certificate of eligibility for business issued by the competent state authority
for violation of measurement in using measuring device of group 2 and violation
of quality of goods circulated in the market.
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c) Confiscating material evidences and means of
administrative violations in the field of standards, metrology and quality of
products and goods.
3. In addition to form of major sanction and
additional sanction, the organizations and individuals administratively
violating may be applied by one or a lot of remedial measures as follows:
a) Coercively revoking the certificate of
inspection, calibration, accreditation, testing results and conformance
assessment results;
b) Coercively recycling, re-exporting or
destroying the products and goods in breach of law on standards, metrology and
quality of products and goods or measuring device, import and production
measurement standards in contravention of regulations on measurement;
c) Coercively revoking products and goods or
measuring device in breach of law on standards, metrology and quality of
products, goods circulated;
d) Coercively surrendering illegal profits
earned by committing administrative violation or Coercively surrendering the
amount of money equal to the value of material evidence and means of
administrative violation that have been sold, dispersed or destroyed in
contravention of law ;
dd) Coercively converting
purpose of use or rectifying false or misleading information;
e) Coercively invalidating the result of
calibration or comparison performed.
Article 3. Provision on
maximum fine level
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2. The fine level specified in this Decree applies
to organizations. For individuals having the same acts of violation, the fine
level is decreased a half, except for Article 11, 12 and 13 of this Decree.
Chapter 2.
ACTS OF ADMINISTRATIVE
VIOLATION, FORM OF SANCTION AND FINE LEVEL
SECTION 1. ACTS OF
ADMINISTRATIVE VIOLATION OF METROLOGY
Article 4. Violation in
national standard maintenance of appointed organization
1. A fine of between 5,000,000 dong and
10,000,000 dong shall be imposed for one of the acts of violation as follows:
a) Failing to perform or properly perform the
maintenance, preservation and use of national standards;
b) Failing to perform periodic calibration or
comparison of national standards with international standards or with national
standards of foreign countries calibrated or compared with international
standards;
c) Failing to perform calibration or comparison
for the transmission of precision of the national standards to the standards of
measurement with lower precision;
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2. A fine of between 10,000,000 dong and
30,000,000 dong shall be imposed for one of the acts of violation as follows:
a) Using the defective national standards to perform
calibration activities or comparison of national standards with international
standards or national standards of foreign countries; calibration and
comparison for transmission of precision of national standards to measurement
standards with lower precision;
b) Failing to make a report
when there are errors and defects of national standards or propose the effect
suspension of decision on approval of national standards, appoint organization
to keep national standards.
3. Remedial measures:
Coercively invalidating the results of
calibration or comparison performed for violations specified at Point a, Clause
2 of this Article.
Article 5. Violation in
activities of production, import, trading and use of standard substances and
measurement standards
1. A fine of between 5,000,000 dong and
10,000,000 shall be imposed for one of the acts as follows:
a) Production, import and trading of standard
substance and measurement standards unlabeled or improperly labeled as
prescribed or without writing or engraving of unit of measurement according to
the legal unit of measurement;
b) Production, import and trading of standard
substance and measurement standards inconsistent with the technical
requirements of measurement announced or prescribed for application by the competent
measurement management agency.
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a) Failing to perform the calibration or compare
the measurement standards with the national standards or with measurement with
higher precision at the calibration organization appointed before putting the
measurement standards into use;
b) Failing to perform the testing or compare the
standard substance at the testing organization appointed before putting it into
use.
3. Remedial measures:
Coercively recovering standard substance,
measurement standards or Coercively destroying or re-exporting standard
substance, measurement standards for violation specified at Point b, Clause 1
of this Article.
Article 6. Violation in
production of measuring device
1. A fine of between 5,000,000 dong and
10,000,000 shall be imposed for one of the acts as follows:
a) Producing the measuring devices that are not
labeled or labeled with improper writing and measurement.
b) Producing the measuring devices of group 1
not in accordance with technical requirements of measurement announced by
organizations and individuals.
c) Failing to writing or engraving according to
the legal unit of measurement;
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3. A fine of between 20,000,000 dong and
40,000,000 dong shall be imposed for one of the acts as follows:
a) Producing the measuring devices of group 2
without model approval;
b) Producing the measuring devices of group 2
with the model approved but the decision on model approval has expired.
4. A fine of between 40,000,000 dong and
60,000,000 dong shall be imposed for the acts of producing the measuring
devices of group 2 not in accordance with the model of measuring device
approved by the competent agency.
5. Additional form of sanction:
Depriving the use right of approval decision on
measuring device model from 01 month to 03 months for violations specified in
Clause 4 of this Article.
6. Remedial measures:
Coercively recycling or destroying the measuring
device for violations specified at Point b, Clause 1, 4 of this Article.
Article 7. Violation in
import of measuring device
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a) Importing measuring devices which are not
labeled or labeled with improper writing and measurement;
b) Importing measuring devices of group 1 not in
accordance with the technical requirements of measurement announced by
organizations and individuals;
c) Importing measuring devices of group 2
without writing or engraving of unit of measurement according to the legal unit
of measurement;
2. A fine of between 10,000,000 dong and
20,000,000 dong shall be imposed for the acts of failing to perform the initial
inspection for the measuring devices of group 2 imported before putting them
into use.
3. A fine of between 20,000,000 dong and 40,000,000
dong shall be imposed for one of the acts as follows:
a) Importing the measuring devices of group 2
whose models have not been approved yet;
b) Importing the measuring devices of group 2
with the model approved but the decision on model approval has expired.
4. A fine of between 40,000,000 dong and
60,000,000 dong shall be imposed for the acts of importing the measuring
devices of group 2 not in accordance with the model of measuring device
approved by the competent authority.
5. Additional form of sanction:
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6. Remedial measures:
Coercively re-exporting or destroying the measuring
device for violations specified at Point b, c, Clause 1, 4 of this Article.
Article 8. Violation in
repair of measuring device
1. A fine of between 5,000,000 dong and
10,000,000 dong shall be imposed for the acts of repair of measuring device of group
1 not in accordance with the technical requirements of measurement announced by
the organizations and individuals.
2. A fine of between 10,000,000 dong and
20,000,000 for the acts of failing to perform the inspection of measuring
devices of group 2 repaired before putting them into use.
3. A fine of between 20,000,000 dong and
30,000,000 dong shall be imposed for one of the acts as follows:
a) Repairing the measuring devices of group 2
not in accordance with the measuring devices approved by the competent
authority;
b) Replacing the structure of the measuring
devices but still keeping the technical features of measurement of the
measuring devices unchanged or without discrepancy of the measuring device.
4. A fine of between 40,000,000 dong and 50,000,000
dong shall be imposed for the acts of intentionally effecting or replacing the
structure of the measuring devices causing discrepancy of the measuring device
or changing the technical features of measurement of the measuring device.
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Coercively surrendering the illegal profits
earned due to committing the violations specified in Clause 4 of this Article.
Article 9. Violation in
trading of measuring device
1. A fine of between 1,000,000 dong and
2,000,000 dong shall be imposed for one of the acts as follows:
a) Trading the measuring devices that are not
labeled or labeled not in accordance with the specified content;
b) Trading the measuring devices of group 1 not
in accordance with the technical requirements of measurement announced by the
organizations and individuals;
c) Trading the measuring devices of group 2
without writing or engraving unit of measurement according to the legal unit of
measurement.
2. A fine of between 2,000,000 dong and
4,000,000 dong shall be imposed for one of the acts as follows:
a) Trading the measuring devices of group 2
which have not been inspected;
b) Trading the measuring devices of group 2
whose models have not been approved yet.
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3. Remedial measures:
Coercively destroying the measuring devices for
violations specified at Point b, Clause 1, Point b and c, Clause 2 of this
Article.
Article 10. Violation in
using the measuring devices of group 2
1. A caution or a fine of between 200,000 dong
and 600,000 dong shall be imposed for one of the following acts when using the
measuring devices with their value of less than 1,000,0000 dong calculated by
the value of new measuring devices of the same category or the new measuring
devices with equivalent technical features at the time of administrative
violation:
a) Having no certificate of inspection or
inspection mark or stamp (hereafter referred to as certificate of inspection)
as prescribed;
b) Using the expired certificate of inspection;
c) Arbitrarily removing seals, lead seals,
inspection marks or stamps on the measuring device;
d) Measuring devices do not meet the
requirements specified in measurement techniques.
2. A fine of between 2,000,000 dong and
10,000,000 dong shall be imposed for one of the following acts when using the
measuring device with the value of between 1,000,000 dong and 30,000,000 dong
calculated by the value of new measuring devices of the same category or the
new measuring devices with equivalent technical features at the time of
administrative violation:
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b) Using the expired certificate of inspection;
c) Arbitrarily removing seals, lead seals, inspection
marks or stamps on the measuring device;
d) Failing to perform the control inspection as
prescribed.
3. A fine of between 10,000,000 dong and
20,000,000 dong shall be imposed for one of the acts specified in Clause 2 of
this Article if using the measuring device with its value of 30,000,000 dong or
more calculated by the value of new measuring devices of the same category or
the new measuring devices with equivalent technical features at the time of
administrative violation:
4. A fine of between 25,000,000 dong and
35,000,000 dong for the acts of using the measuring device with its value of
1,000,000 dong or more calculated by the value of new measuring devices of the
same category or the new measuring devices with equivalent technical features
at the time of administrative violation having errors and defects or failing to
meet the specified measurement technique requirements.
5. A fine of between 70,000,000 dong and
100,000,000 dong shall be imposed for one of the acts if using the measuring
device with its value of 1,000,000 dong or more calculated by the value of new
measuring devices of the same category or the new measuring devices with
equivalent technical features at the time of administrative violation:
a) Using fake certificate of inspection;
b) Altering technical structures and technical
features of measurement of the measuring device;
c) Impacting, adjusting, repairing, fitting,
reducing, replacing the technical structure by means of measurement techniques
to falsify the measurement results or using other devices to regulate the
errors of the measuring devices exceeding the tolerance limit;
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6. Additional form of sanction:
a) Confiscating the material evidence and
violating device for violations specified at Point b and c, Clause 5 of this
Article;
b) Depriving the use right of certificate of
eligibility for business issued by the state competent state authority from 01
to 06 months for violations specified in Clause 4 and 5 of this Article.
7. Remedial measures:
a) Coercively invalidating the certificate of
inspection for violations specified at Point a, Clause 5 of this Article.
b) Coercively surrendering the illegal profits
earned due to committing the violations specified in Clause 4, at Point b and
c, Clause 5 of this Article.
Article 11. Violation of
Inspector and inspection organization
1. A fine of between 2,000,000 dong and
4,000,000 shall be imposed for one of the measurement inspector’s acts as
follows:
a) Failing to comply with the order and
procedures for inspection announced or the inspection process prescribed by the
competent measurement authority.
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c) Improperly using certificate of inspection
and improper seal and lead seal;
d) Performing the inspection of measuring
devices of group 2 whose models have not been approved or improper model
approved.
2. A fine of between 5,000,000 dong and
10,000,000 shall be imposed for one of the following acts of the organization
of measuring device and measurement standard service provision:
a) Failing to register the inspection activities
as prescribed;
b) Performing the inspection beyond the
registered range of operation.
c) Failing to comply with the order and
procedures for inspection announced;
d) Failing to maintain the prescribed operating
conditions for inspection activities registered.
3. A fine of between 10,000,000 dong and
20,000,000 dong shall be imposed for one of the following acts of the
inspection organization:
a) Performing the inspection of measuring
devices of group 2 beyond the specified range or the inspection capacity
recognized;
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c) Using the measurement standard with the
expired calibration certificate to inspect the measuring devices of group 2;
d) Using the measurement standard to inspect the
measuring devices of group 2 without the competent authority’s decision on the
certification of measurement standard to inspect the measuring devices of group
2 or this decision has expired.
4. A fine of between 30,000,000 dong and
50,000,000 dong shall be imposed for failing to perform the inspection but
still issuing the certificate of inspection to the measuring devices of group
2.
5. Additional form of sanction:
a) Depriving the use right of decision on
certification of measurement inspector from 01 to 03 months for violations
specified in Clause 1 and 4 of this Article;
b) Suspending the operation of the inspection organization
from 01 to 03 months for violations specified in Clause 2, 3 and 4 of this
Article.
6. Remedial measures:
Coercively revoking the certificate of
inspection for violations specified in Clause 4 of this Article.
Article 12. Violation of
calibration technician and calibration organization
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a) Failing to comply with the order and
procedures for calibration announced or the process of calibration prescribed
by the competent authority of measurement;
b) Using improper certificate of calibration.
2. A fine of between 5,000,000 dong and
10,000,000 dong shall be imposed for one of the following acts of the
organization of measurement standard, measuring device calibration service
provision:
a) Failing to register the calibration
activities as prescribed;
b) Performing the calibration beyond the
registered range of operation;
c) Failing to comply with the order and
procedures for calibration announced;
d) Failing to maintain the prescribed operating
conditions for calibration activities registered.
3. A fine of between 30,000,000 dong and
50,000,000 dong shall be imposed for one of the following acts of the
calibration organization:
a) Calibrating the measurement standards for
inspection of measuring device of group 2 beyond the specified range;
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c) Failing to properly maintain the conditions
for calibration operation specified.
4. A fine of between 50,000,000 dong and
80,000,000 dong shall be imposed for failing to perform the calibration but
still issue the certificate of calibration for measurement standard to inspect
the measuring devices of group 2.
5. Additional form of sanction:
a) Depriving the use right of Certificate of
calibration operation registration from 01 to 03 months for violations
specified at Point b, d, Clause 2 of this Article;
b) Suspending the operation of the calibration
organization from 01 to 03 months for violations specified in Clause 3, 4 of
this Article.
6. Remedial measures:
Coercively revoking the certificate of
calibration for violations specified in Clause 4 of this Article.
Article 13. Violation of
testing technician and testing organization
1. A fine of between 2,000,000 dong and
4,000,000 dong shall be imposed for one of the following violation of the
testing technician:
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b) Improperly using certificate of testing;
2. A fine of between 5,000,000 dong and
10,000,000 dong shall be imposed for one of the following violation of the
organization of measurement standard, measuring device testing service
provision:
a) Failing to register the testing operation as
prescribed;
b) Performing the testing beyond the registered
range of operation;
c) Failing to comply with the order and
procedures for testing which have been announced;
d) Failing to maintain the conditions for
registered testing activities as prescribed;
3. A fine of between 25,000,000 dong and
35,000,000 dong shall be imposed for one of the following violations of the
appointed testing organization:
a) Testing the measuring devices of group 2
beyond the specified range;
b) Conducting the testing of measuring devices
of group 2 upon the expiration of the appointment decision;
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4. A fine of between 40,000,000 dong and
50,000,000 dong shall be imposed for failing to perform the testing but still
issue the result of testing of measuring devices of group 2.
5. Additional forms of sanction:
a) Depriving the use right of Certificate of
testing operation registration from 01 to 03 months for violations specified at
Point b and d, Clause 2 of this Article;
b) Suspending the testing organization’s operation
from 01 month to 03 months for the violation specified at Point c, Clause 3, 4
of this Article.
6. Remedial measures:
Coercively revoking the testing result for the
violations specified in Clause 4 of this Article.
Article 14. Violation of
measurement for measurement of group 2
1. A fine of between 4,000,000 dong and
10,000,000 dong shall be imposed for one of the following acts:
a) Failing to comply with the requirements for
professional qualifications and expertise for the person using the measuring
devices upon performance of measurement of group 2 as prescribed by the
measurement management agency;
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2. The fine level for violation of measurement
in trading of goods and service provision in which that volume of goods and
services has deviation exceeding the tolerance limit as required by the
measuring techniques for the measurement announced by the organizations and
individuals or prescribed by the competent authority for illegal profits as
follows:
a) A fine of between 5,000,000 dong and
10,000,000 dong shall be imposed if the amount of money earned from the illegal
profits is up to 10,000,000 dong;
b) A fine of between 10,000,000 dong and
20,000,000 dong shall be imposed if the amount of money earned from the illegal
profits is from over 10,000,000 dong to 50,000,000 dong;
c) A fine of between 20,000,000 dong and
40,000,000 dong shall be imposed if the amount of money earned from the illegal
profits is from over 50,000,000 dong to 100,000,000 dong;
d) A fine of between 40,000,000 dong and
60,000,000 dong shall be imposed if the amount of money earned from the illegal
profits is from over 100,000,000 dong to 200,000,000 dong;
dd) A fine of 01 time to 02
times of the amount of money earned from illegal profits shall be imposed if
this amount is from over 200,000,000 dong to 300,000,000 dong.
e) A fine of 02 times to 03 times of the amount
of money earned from illegal profits shall be imposed if this amount is from
over 300,000,000 dong to 400,000,000 dong.
g) A fine of 03 times to 04 times of the amount
of money earned from illegal profits shall be imposed if this amount is from
over 400,000,000 dong to 500,000,000 dong.
h) A fine of 04 times to 53 times of the amount
of money earned from illegal profits shall be imposed if this amount is over
500,000,000 dong.
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Coercively surrendering the amount of money
earned from illegal profits specified at Point a, b, c and
d, Clause 2 of this Article.
Article 15. Violation for
the quantity of pre-packaged goods in the production or import
1. A fine of between 4,000,000 dong and
8,000,000 dong shall be imposed for one of the following acts in the production
or import of pre-packaged goods:
a) Failing to record the quantity of
pre-packaged goods on the label or improperly specify; failing to record and engrave
the unit of measurement according to the legal unit of measurement;
b) The quantity of pre-packaged goods does not
suit the information on the goods label and accompanying materials or does not
suit the technical requirements of measurement announced by the importing
organizations and individuals.
c) Having no certificate of eligibility for
using the quantity mark on the label of pre-packaged goods of group 2 or the
certificate has expired;
d) Failing to show the quantity mark on the
label of pre-packaged goods of group 2 as prescribed.
2. The fine level for the acts of production or
import of pre-packaged goods but the quantity of those pre-packaged goods has
the average value smaller than the permissible average value according to the
technical requirements of measurement announced by organizations and
individuals or prescribed by the competent authority for earning illegal
profits as follows:
a) A fine of between 5,000,000 dong and
10,000,000 dong shall be imposed if the amount of money earned from illegal
profits is up to 10,000,000 dong;
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c) A fine of between 30,000,000 dong and
40,000,000 dong shall be imposed if the amount of money earned from illegal
profits is from over 50,000,000 dong to 100,000,000 dong;
d) A fine of between 40,000,000 dong and
60,000,000 dong shall be imposed if the amount of money earned from illegal profits
is from over 100,000,000 dong to 200,000,000 dong;
dd) A fine of 01 time to 02 times of the amount
of money earned from illegal profits shall be imposed if this amount is from
over 200,000,000 dong to 300,000,000 dong.
e) A fine of 02 times to 03 times of the amount
of money earned from illegal profits shall be imposed if this amount is from
over 300,000,000 dong to 400,000,000 dong.
g) A fine of 03 times to 04 times of the amount
of money earned from illegal profits shall be imposed if this amount is from
over 400,000,000 dong to 500,000,000 dong.
h) A fine of 04 times to 05 times of the amount
of money earned from illegal profits shall be imposed if this amount is over
500,000,000 dong.
3. Remedial measures:
Coercively surrendering the amount of money
earned from illegal profits specified at Point a, b, c and
d, Clause 2 of this Article.
Article 16. Violation of
measurement for the quantity of pre-packaged goods in trading
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a) Trading pre-packaged goods without writing
the quantity on the goods label or improperly writing; engraving or writing the
unit of measurement with improper legal unit of measurement;
b) Trading pre-packaged goods with the quantity
not suitable with the information recorded on the goods label and accompanying
materials or not suitable with the technical requirements of measurement
announced by the importing organizations and individuals.
c) Trading pre-packaged goods of group 2 without
showing the quantity mark on the label as prescribed.
2. The fine level for the trading of
pre-packaged goods but the quantity of those pre-packaged goods has the average
value smaller than the permissible average value according to the technical requirements
of measurement announced by the organizations and individuals or prescribed by
the competent authority for illegal profits as follows:
a) A fine of between 2,000,000 dong and
5,000,000 dong shall be imposed if the amount of money earned from illegal
profits is up to 10,000,000 dong;
b) A fine of between 5,000,000 dong and
10,000,000 dong shall be imposed if the amount of money earned from illegal
profits is from over 10,000,000 dong to 50,000,000 dong;
c) A fine of between 10,000,000 dong and 20,000,000
dong shall be imposed if the amount of money earned from illegal profits is
from over 50,000,000 dong to 100,000,000 dong;
d) A fine of between 20,000,000 dong and
40,000,000 dong shall be imposed if the amount of money earned from illegal
profits is from over 100,000,000 dong to 200,000,000 dong;
dd) A fine of 01 time to 02
times of the amount of money earned from illegal profits shall be imposed if
this amount is from over 200,000,000 dong to 300,000,000 dong.
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g) A fine of 03times to 04 times of the amount
of money earned from illegal profits shall be imposed if this amount is from over
400,000,000 dong to 500,000,000 dong.
h) A fine of 04 times to 05 times of the amount
of money earned from illegal profits shall be imposed if this amount is over
500,000,000 dong.
3. Remedial measures:
Coercively surrendering the amount of money
earned from illegal profits specified at Point a, b, c and
d, Clause 2 of this Article.
SECTION 2. ADMINISTRATIVE
VIOLATION OF STANDARDS AND TECHNICAL REGULATIONS; QUALITY OF PRODUCTS AND GOODS
Article 17. Violation of
regulation on applicable published standards
1. A fine of between 2,000,000 dong and
4,000,000 dong shall be imposed for failing to publish standards applied in
accordance with regulation in the production or import.
2. A fine of between 6,000,000 dong and
10,000,000 dong shall be imposed for one of the following acts:
a) Producing or importing products and goods not
in accordance with the standards published for application;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Remedial measures:
a) Coercively publishing the applied standards
for violations specified in Clause 1 of this Article;
b) Coercively altering the purpose of use or
recycling products and goods for violations specified at Point a, Clause 2 of
this Article.
Article 18. Violation of
regulation on conformance
1. The fine level for the violation of
provisions on conformance announcement, conformance mark or products and goods
having their quality not in accordance with the standards published in the
wholesaling and retail as follows:
a) A caution or a fine of between 50,000 dong
and 200,000 dong shall be imposed if the violating batch of goods is valued up
to 10,000,000 dong;
b) A fine of between 200,000 dong and 500,000
dong shall be imposed if the violating batch of goods is valued from over
10,000,000 dong to 20,000,000 dong;
c) A fine of between 500,000 dong and 2,000,000
dong shall be imposed if the violating batch of goods is valued from over
20,000,000 dong to 40,000,000 dong;
d) A fine of between 3,000,000 dong and
9,000,000 dong shall be imposed if the violating batch of goods is valued from
over 40,000,000 dong to 80,000,000 dong;
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e) A fine of between 30,000,000 dong and
50,000,000 dong shall be imposed if the violating batch of goods is valued from
over 160,000,000 dong;
2. A fine of between 5,000,000 dong and
15,000,000 dong shall be imposed for one of the following acts in the
production or import of products and goods in breach of conformance
announcement:
a) Failing to comply with the provisions on
order and procedures for conformance announcement;
b) Failing to store dossier for conformance
announcement as prescribed;
c) Improperly using the conformance mark;
d) Performing the conformance announcement
without registering dossier for conformance announcement at the competent state
authority where those organizations and individuals have registered their
business;
dd) Failing to re-perform the conformance
announcement upon any change in the contents of registered dossier for
conformance announcement or any change in the features, utility and
characteristics of products, goods and services that have been announced with
conformance.
3. The fine level for the acts of production or
import of products and goods with their quality not in accordance with the
dossier for conformance announcement is as follows:
a) A fine of between 1,000,000 dong and
2,000,000 dong shall be imposed if the violating batch of goods is valued up to
10,000,000 dong;
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c) A fine of between 4,000,000 dong and
10,000,000 dong shall be imposed if the violating batch of goods is valued from
over 20,000,000 dong to 40,000,000 dong;
d) A fine of between 10,000,000 dong and 25,000,000
dong shall be imposed if the violating batch of goods is valued from over
40,000,000 dong to 80,000,000 dong;
dd) A fine of between 25,000,000 dong and
50,000,000 dong shall be imposed if the violating batch of goods is valued from
over 80,000,000 dong to 150,000,000 dong;
e) A fine of between 50,000,000 dong and
100,000,000 dong shall be imposed if the violating batch of goods is valued
from over 150,000,000 dong to 300,000,000 dong;
g) A fine of between 100,000,000 dong and
200,000,000 dong shall be imposed if the violating batch of goods is valued
over 300,000,000 dong;
4. A fine of between 30,000,000 dong and
50,000,000 dong shall be imposed for one of the following acts:
a) Failing to periodically maintain the quality
control, testing and periodic monitoring as prescribed;
b) Failing to suspend the shipment and recall
the unsuitable products and goods that are being circulated in the market if
they have high risk and cause unsafety to the users; failing to stop the
operation and exploitation of relevant processes, services and environment when
necessary;
c) Failing to take remedial measures when
detecting that the goods, products and services are not in accordance with the
published standards;
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5. Remedial measures:
Coercively recalling the products and goods with
unsuitable quality being circulated in the market or changing the purpose of
use, recycling or re-exporting those products and goods for violation specified
in Clause 3, Point b and c, Clause 4 of this Article.
Article 19. Violation of
provisions on conformity
1. The fine level for violation of provision on
conformity announcement and conformity mark in the trading of products and
goods that must be performed with the conformity announcement as follows:
a) A caution or fine of between 100,000 dong and
400,000 dong shall be imposed if the violating batch of goods is valued up to
5,000,000 dong;
b) A fine of between 500,000 dong and 1,000,000
dong shall be imposed if the violating batch of goods is valued from over
5,000,000 dong to 10,000,000 dong;
c) A fine of between 2,000,000 dong and
4,000,000 dong shall be imposed if the violating batch of goods is valued from
over 10,000,000 dong to 20,000,000 dong;
d) A fine of between 6,000,000 dong and
12,000,000 dong shall be imposed if the violating batch of goods is valued from
over 20,000,000 dong to 40,000,000 dong;
dd) A fine of between 15,000,000 dong and
30,000,000 dong shall be imposed if the violating batch of goods is valued from
over 40,000,000 dong to 80,000,000 dong;
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g) A fine of between
80,000,000 dong and 100,000,000 dong shall be imposed if the violating batch of
goods is valued over 200,000,000 dong;
2. The fine level for violation of provision on
conformity announcement and conformity mark in production or import of products
and goods that must be certified with the conformity or the products and goods
not in conformity with the corresponding technical regulations as follows:
a) A fine of between 1,000,000 dong and
2,000,000 dong shall be imposed if the violating batch of goods is valued up to
5,000,000 dong;
b) A fine of between 2,000,000 dong and
5,000,000 dong shall be imposed if the violating batch of goods is valued from
over 5,000,000 dong to 10,000,000 dong;
c) A fine of between 5,000,000 dong and
10,000,000 dong shall be imposed if the violating batch of goods is valued from
over 10,000,000 dong to 20,000,000 dong;
d) A fine of between 10,000,000 dong and 20,000,000
dong shall be imposed if the violating batch of goods is valued from over
20,000,000 dong to 40,000,000 dong;
dd) A fine of between 20,000,000 dong and
40,000,000 dong shall be imposed if the violating batch of goods is valued from
over 40,000,000 dong to 80,000,000 dong;
e) A fine of between 40,000,000 dong and
80,000,000 dong shall be imposed if the violating batch of goods is valued from
over 80,000,000 dong to 160,000,000 dong;
g) A fine of between 40,000,000 dong and
160,000,000 dong shall be imposed if the violating batch of goods is valued
from over 160,000,000 dong to 320,000,000 dong;
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3. A fine of between 10,000,000 dong and
20,000,000 dong shall be imposed for one of the following acts in production
and import of products and goods that are subject to conformity announcement as
prescribed in the corresponding technical regulations
a) Failing to formulate and store dossier for
conformity announcement as prescribed;
b) Failing to notify in writing and send the
competent authority the materials related to the quality of products and goods
as prescribed;
c) Failing to publish on media the conformity
announcement of products and goods for consumers’ easy access;
d) Failing to provide the copy of certificate of
conformity and the announcement of receipt of conformity announcement as
prescribed for organizations and individuals selling products and goods.
4. A fine of between 20,000,000 dong and
30,000,000 dong for one of the following acts in the production or import of
products and goods that are subject to the conformity announcement as
prescribed in the corresponding technical regulations:
a) Failing to perform the conformity
announcement;
b) Failing to register dossier for conformity
announcement at the state competent authority where the organizations and
individuals have registered their business;
c) Failing to periodically maintain the quality
control, testing and periodic monitoring as prescribed;
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dd) Failing to perform the timely preventive
measures when found that their goods are being circulated or put into use but
their quality is not suitable with the conformity announcement or the
corresponding technical regulations;
e) Failing to re-perform the announcement when
there is a change in the content of the registered dossier for conformity
announcement or change in the features, utility and characteristics of
products, goods and services that have been announced with the conformity.
g) Using chemicals and
additives that have not been registered at the competent authority upon
production of goods and products.
5. A fine of between 50,000,000 dong and
100,000,000 for failing to perform the conformity certification in the
production or import of products and goods that are subject to the conformity
certification or use of expired certificate of conformity or conformity mark;
6. Additional form of sanction:
Depriving the use right of certificate of
conformity or conformity mark from 01 month to 03 months for violation
specified at Point e and g, Clause 4 of this Article.
7. Remedial measures:
a) Coercively recalling products and goods for
violations specified in Clause 1, 2 of this Article;
b) Coercively recalling products and goods with
unsuitable circulating in the market or Coercively changing the purpose of use
or recycling or destroying or re-exporting these products and goods for
violation specified in Clause 2, 4 and 5 of this Article.
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1. Applying the provisions in Clause 1, Article
18 of this Decree for sanctioning violation of conformance in the wholesale and
retail of goods circulating in the market.
2. Applying the provisions in Clause 1, Article
19 of this Decree for sanctioning the violation of conformity in the wholesale
and retail of goods circulating in the market.
3. Applying the Government’s regulations on
sanctioning administrative violation in the field of commercial activities to
sanction the acts of production and trading of fake goods.
Applying the provisions in Clause 5, Article 28
of this Decree to sanction the fraudulent acts of shelf life of goods on the
label.
4. A caution or fine of between 400,000 dong and
1,000,000 dong shall be imposed for selling goods without announcement of applicable
standards as prescribed.
5. A fine of 01 times to 02 times of the total
value of products and goods at the time of violation for the act of selling
products and goods whose quality is not suitable with the applicable published
standards.
6. A fine of 02 times to 03 times of the total
value of products and goods at the time of violation for acts violating
replacement, fraudulently exchanging, adding or reducing components or
additives, mixing impurities that can degrade products and goods compared with
the applicable published standards.
7. A fine of 03 times to 05 times of the total
value of products and goods at the time of violation for one of the following
acts:
a) Selling products and goods whose quality is
not suitable with the provisions of corresponding technical regulations;
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8. Additional form of sanction:
a) Depriving the use right of certificate of
eligibility for business issued by the competent authority from 01 to 06 months
for violations specified in Clause 7 of this Article;
b) Confiscating to destroy the product and goods
which are not safe to use for people, domestic animal, plants and affect the
ecology and environment for violations specified in Clause 5 to Clause 7 of
this Article when there is no remedial measures specified in Clause 9 of this
Article.
9. Remedial measures:
Coercively converting the purposes of use or
recycling for violations specified in Clause 5, 6 and 7 of this Article.
Article 21. Violating
regulations on conformity assessment
1. A fine of between 30,000,000 dong and
40,000,000 dong shall be imposed for one of the following acts:
a) Failing to register operation fields as
prescribed;
b) Performing the conformity assessment beyond
the registered fields.
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a) Performing the conformity assessment for
state management beyond the specified fields;
b) Performing the conformity assessment for
state management without appointment or upon expiration of appointment
decision;
c) Failing to ensure the maintenance of
organizational structure and capacity that have been registered as required by
the relevant standards;
d) Failing to comply with processes of
conformity assessment approved or registered as prescribed;
dd) Failing to perform the periodic monitoring
assessment for organizations and individuals that request the conformity;
e) Using the testing organization whose
operation fields have not been registered as prescribed.
3. A fine of 70,000,000 dong to 100,000,000 dong
shall be imposed for one of the following acts:
a) Providing wrong result of conformity
assessment;
b) Performing the assessment without
independence and objectivity assurance.
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a) Using false and forged documents and
materials to register the conformity assessment or register the appointment of
conformity assessment.
b) Failing to perform the conformity assessment
but still issuing its result;
c) Falsifying dossier and materials of
conformity assessment;
d) Performing the consultation activities for
organizations and individuals requesting the certification;
dd) Cheating in the activities of conformity
assessment;
e) Failing to take remedial measures of
violations as required by the competent authority.
5. Additional form of sanction:
a) Depriving the use right of certificate of
operation field registration or appointment decision from 01 to 03 months for
violations specified at Point b, Clause 1, 2 and 3 of this Article;
b) Depriving the use right of certificate of
conformity assessment operation registration from 01 to 03 months for
violations specified at Point b, c, d, dd and e, Clause 4 of this Article;
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Coercively revoking the result of conformity
assessment issued for violations specified in Clause 3, at Point b, c, d, dd,
Clause 4 of this Article.
Article 22. Violation of
regulation on training, consultation in the state management area of quality
measurement standards
1. A fine of between 10,000,000 dong and
20,000,000 dong shall be imposed for one of the following acts:
a) Failing to register the operation field as
prescribed;
b) Providing training and consultation beyond
the registered fields;
2. A fine of between 20,000,000 dong and
30,000,000 dong shall be imposed for one of the following acts:
a) Failing to ensure the maintenance of
organizational structure and capacity that have been registered as required by
the relevant standards;
b) Failing to comply with the processes of
training and consultation approved or registered as prescribed.
3. A fine of between 30,000,000 dong and
40,000,000 dong shall be imposed for one of the following acts:
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b) Using false and forged dossiers and materials
to register the training and consultation activities;
c) Falsifying dossier and materials of training
and consultation;
4. Additional form of sanction:
Depriving the use right of certificate of
operation field registration from 01 to 03 months for violations specified at
Point b, Clause 1, 2 and 3 of this Article;
Article 23. Violation of
regulation on accreditation
1. A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed for one of the following acts:
a) Failing to register the accreditation
operation as prescribed;
b) Perform the accreditation beyond the
registered fields;
2. A fine of between 30,000,000 dong and
40,000,000 dong shall be imposed for one of the following acts:
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b) Failing to announce the process, procedures
for assessment, accreditation and other requirements related to the
accreditation activities;
c) Performing the assessment and accreditation
not in accordance with the process and procedures announced and standards and
corresponding technical regulations used for assessment and accreditation or
insufficiently performing the processes, procedures, standards and technical
regulations above mentioned.
3. A fine of between 40,000,000 dong and
50,000,000 dong shall be imposed for one of the following acts:
a) Issuing certificate of accreditation beyond
the jurisdiction or failing to perform periodical monitoring for accredited
organizations;
b) Failing to perform the assessment and
accreditation with the independence and objectivity;
c) Signing contract to provide the accreditation
consultation services for organizations requesting the accreditation;
d) Failing to take remedial measures after
receiving the notice of the competent state authority of conformity assessment
which has been accredited in breach of relevant regulations of law.
4. A fine of between 60,000,000 dong and
100,000,000 dong shall be imposed for one of the following acts:
a) Falsifying dossiers and materials in
accreditation activities;
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c) Issuing and maintaining the certificate of
accreditation to the conformity assessment organization in breach of
requirements and conditions for the conformity assessment organization as
prescribed in the relevant legal normative documents.
5. Additional form of sanction:
Depriving the use right of certificate of
accreditation operation registration from 01 to 03 months for violations
specified at Point b, Clause 1, 2, 3 and 4 of this Article.
6. Remedial measures:
Coercively revoking all issued certificates of
accreditation for violations specified in Clause 3 and 4 of this Article.
Article 24. Forgery acts
related to standards and technical regulations and quality of products and
goods
1. A fine of between 10,000,000 dong and
30,000,000 dong shall be imposed for providing the false and untruthful
information about the quality of products and goods for the consumers or on
mass media.
2. A fine of between 30,000,000 dong and
50,000,000 dong shall be imposed for one of the following acts:
a) Forging the conformance mark and conformity
mark, conformance certification or conformity certification, conformance
announcement and conformity announcement in order to be recorded or attached on
the products and goods or accompanying materials;
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3. Additional form of sanction:
a) Suspending the activities of production,
import and trading of products and goods from 01 month to 03 months for violation
specified at Point a, Clause 2 of this Article;
b) Confiscating the testing result or
certificate of examination, inspection and testing of quality for violations
specified at Point b, Clause 2 of this Article.
4. Remedial measures:
Coercively removing the violating elements
recorded and attached to products and goods. If failing to remove the violating
elements, it is obligatory for the goods and products in breach of provisions
specified at Point a, Clause 2 of this Article.
SECTION 3. ADMINISTRATIVE
VIOLATION OF GOODS LABEL, CODE AND BARCODE
Article 25. Violation of
regulation on labeling of goods in the trading of products and goods
1. A caution or fine of between 100,000 dong and
300,000 dong shall be imposed for one of the following acts if the value of
violating goods are up to 5,000,000 dong:
a) Goods are labeled but obscured, torn, faded
and illegible or all the contents on the labels cannot be read;
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c) Goods having labels not as prescribed on the
size of Vietnamese and foreign language, usable language and unit of
measurement;
d) Goods whose original labels or minor labels
are erased and corrected to falsify information about the goods.
2. A fine for violation specified in Clause 1 of
this Article according to the fine level shall be imposed as follows:
a) A fine of between 300,000 dong and 500,000
dong shall be imposed if the violating goods are valued from over 5,000,000
dong to 10,000,000 dong;
b) A fine of between 500,000 dong and 1,000,000
dong shall be imposed if the violating goods are valued from over 10,000,000
dong to 20,000,000 dong;
c) A fine of between 1,000,000 dong and
2,000,000 dong shall be imposed if the violating goods are valued from over
20,000,000 dong to 30,000,000 dong;
d) A fine of between 2,000,000 dong and
3,000,000 dong shall be imposed if the violating goods are valued from over
30,000,000 dong to 50,000,000 dong;
dd) A fine of between 3,000,000 dong and 5,000,000
dong shall be imposed if the violating goods are valued from over 50,000,000
dong to 70,000,000 dong;
e) A fine of between 5,000,000 dong and
7,000,000 dong shall be imposed if the violating goods are valued from over
70,000,000 dong to 100,000,000 dong;
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3. Remedial measures:
Coercively recalling products and goods with
violating labels or Coercively re-writing the goods labels as prescribed for
violations specified in Clause 1, 2 of this Article.
Article 26. Violating the
regulations on mandatory contents on the goods labels or mandatory contents to
be shown on labels based on the nature of goods.
1. A caution or fine of between 200,000 dong and
400,000 dong shall be imposed for one of the following acts if the violating
goods are valued up to 5,000,000 dong;
a) Goods with labels (including stamp or minor
label) or accompanying materials with insufficient or improper writing of
mandatory contents on the goods labels or the mandatory contents must be shown
on the label by the nature of goods as prescribed by law on goods label;
b) The imported goods with original labels in
foreign language but without minor labels in Vietnamese language.
2. A fine for violation specified in Clause 1 of
this Article according to the fine level shall be imposed as follows:
a) A fine of between 300,000 dong and 500,000
dong shall be imposed if the violating goods are valued from over 5,000,000
dong to 10,000,000 dong;
b) A fine of between 500,000 dong and 1,000,000
dong shall be imposed if the violating goods are valued from over 10,000,000
dong to 20,000,000 dong;
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d) A fine of between 2,000,000 dong and
5,000,000 dong shall be imposed if the violating goods are valued from over
30,000,000 dong to 50,000,000 dong;
dd) A fine of between 5,000,000 dong and
7,000,000 dong shall be imposed if the violating goods are valued from over
50,000,000 dong to 70,000,000 dong;
e) A fine of between 7,000,000 dong and
10,000,000 dong shall be imposed if the violating goods are valued from over
70,000,000 dong to 100,000,000 dong;
g) A fine of between
10,000,000 dong and 15,000,000 dong shall be imposed if the violating goods are
valued up to 100,000,000 dong;
3. The fine level for trading goods with labels
containing pictures, drawings, writings, signs, symbols, medals, awards and
other information that are of improper nature and truth about those goods;
trading imported goods with original labels or minor labels which are erased or
altered to falsify information about the goods as follows:
a) A caution or fine of between 500,000 dong and
1,000,000 dong shall be imposed if the violating goods are valued to 5,000,000
dong;
b) A fine of between 1,000,000 dong and
2,000,000 dong shall be imposed if the violating goods are valued from over
5,000,000 dong to 10,000,000 dong;
c) A fine of between 2,000,000 dong and
4,000,000 dong shall be imposed if the violating goods are valued from over
10,000,000 dong to 20,000,000 dong;
d) A fine of between 4,000,000 dong and
6,000,000 dong shall be imposed if the violating goods are valued from over
20,000,000 dong to 30,000,000 dong;
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e) A fine of between 10,000,000 dong and 15,000,000
dong shall be imposed if the violating goods are valued from over 50,000,000
dong to 70,000,000 dong;
g) A fine of between 15,000,000 dong and
20,000,000 dong shall be imposed if the violating goods are valued from over
70,000,000 dong to 100,000,000 dong;
h) A fine of between 20,000,000 dong and
25,000,000 dong shall be imposed if the violating goods are valued over
100,000,000 dong;
4. The fine level for trading imported goods
which must have goods labels but without any one; without original label or
with the ones but having changes as follows:
a) A caution or fine of between 1,000,000 dong
and 2,000,000 dong shall be imposed if the violating goods are valued over
5,000,000 dong;
b) A fine of between 2,000,000 dong and 3,000,000
dong shall be imposed if the violating goods are valued from over 5,000,000
dong to 10,000,000 dong;
c) A fine of between 3,000,000 dong and
6,000,000 dong shall be imposed if the violating goods are valued from over
10,000,000 dong to 20,000,000 dong;
d) A fine of between 6,000,000 dong and
12,000,000 dong shall be imposed if the violating goods are valued from over
20,000,000 dong to 30,000,000 dong;
dd) A fine of between 12,000,000 dong and
20,000,000 dong shall be imposed if the violating goods are valued from over
30,000,000 dong to 50,000,000 dong;
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g) A fine of between 25,000,000 dong and 30,000,000
dong shall be imposed if the violating goods are valued from over 70,000,000
dong to 100,000,000 dong;
h) A fine of between 30,000,000 dong and
40,000,000 dong shall be imposed if the violating goods are valued over
100,000,000 dong;
5. A fine of more than 02 times of the fine
level specified from Clause 1 to Clause 4 of this Article for one of the
following acts:
a) Trading goods with fake labels;
b) Defrauding the shelf life of goods on the
goods labels;
c) Violation of goods labels for food and foodstuff
products, medicine, preventive medicine, functional foods, cosmetics, animal
feed, children toys.
6. Additional form of sanction:
Confiscating goods which do not ensure the use
safety for humans, domestic animals, plants, and affect the ecology and
environment for violations specified in Clause 1 and Clause 5 for failing to
take the remedial measures prescribed at Point a, Clause 7 of this Article.
7. Remedial measures:
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b) Coercively destroying the goods labels in
breach of provisions of Clause 5 of this Article or coercively destroying the
goods which do not ensure the use safety for humans, domestic animals, plants,
and affect the ecology and environment for violations specified in Clause 2, 3,
4 of this Article.
Article 27. Violation of
provision on using barcode.
1. A fine of between 2,000,000 dong and
5,000,000 dong shall be imposed for one of the following acts:
a) Failing to notify in writing the competent
authority upon the change in name, transaction address on the business license
or certificate of right to use code and barcode that are lost or damaged;
b) Failing to produce legal documents proving
the right to use code and barcode as required by the competent authority;
c) Failing to send the list of Global Trade Item Number (GTIN) and Global
Location Number (GLN) used for the competent
authority;
d) Failing to notify in writing with the
documents evidencing the use of foreign code with the competent authority upon
using foreign codes for products, goods produced in Vietnam.
2. A fine of 6,000,000 dong and 10,000,000 dong
shall be imposed for one of the following acts:
a) Using the barcode with the Vietnam National
code (893) without being issued with the certificate of right to use code and
barcode by competent authority certificate using barcodes;
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c) Using signs which may cause confusion over
the code and barcode;
d) Failing to pay annual fees for maintenance of
use of code and barcode.
3. A fine of 10,000,000 dong and 20,000,000 dong
shall be imposed for using foreign code and barcode to print on products and
goods produced in Vietnam without written permission of foreign competent
authority or organization owning those codes and barcodes:
4. Remedial measures:
Coercively recalling the goods with their codes and
barcodes in breach of violations specified in Clause 2, 3 of this Article.
Article 28. Violation of
use of certificate, issuance of certificate of right to use code and barcode
1. A fine of between 10,000,000 dong and
20,000,000 dong shall be imposed for one of the following acts:
a) Falsifying the certificate of right to use
code and barcode;
b) Issuing the certificate of right to use code
and barcode beyond the jurisdiction.
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Confiscating the fake certificate of right to
use code and barcode for violations specified at Point a, Clause 1 of this
Article.
3. Remedial measures:
Coercively revoking the certificate of right to
use code and barcode for violations specified at Point b, Clause 1 of this
Article.
Chapter 3.
JURISDICTION TO RECORD
ADMINISTRATIVE VIOLATIONS AND ADMINISTRATIVE SANCTIONS
Article 29. Sanctioning
jurisdiction of inspectors in the field of science and technology
1. Inspectors, who are assigned the tasks to
perform the specialized inspection of measurement standards and quality of
products and goods on duty have the right to:
a) Impose a caution;
b) Impose a fine of up to 500,000 dong for
individuals and 1,000,000 for organizations;
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d) Applying remedial measures to coercively
destroy the products and goods that are harmful to human health, domestic
animals, plants and the environment.
2. Chief Inspector of the Service of Science and
Technology; Head of specialized inspection teams of Service of Science and
Technology and Head of the specialized inspection team of Directorate for
Standards, Metrology and Quality have the right to:
a) Impose a caution;
b) Impose a fine of up to 50,000 dong for
individuals and 100,000 for organizations;
c) Temporarily suspending operations or
suspending operation depriving the use right of decision, license, certificate,
certificate of practice issued by the competent agencies or organizations;
d) Confiscating material evidences and means
used for administrative violations with their value not exceeding the maximum
fine prescribed at Point b of this Clause;
dd) Applying remedial measures as prescribed in
Chapter II of this Decree.
3. Head of specialized inspection teams of
Ministry of Science and Technology has the right to:
a) Impose a caution;
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c) Temporarily suspending operations or
temporarily depriving the use right of decision, license, certificate,
certificate of practice or temporarily suspending operation;
d) Confiscating material evidences and means
used for administrative violations with their value not exceeding the maximum
fine prescribed at Point b of this Clause;
dd) Applying remedial
measures as prescribed in Chapter II of this Decree.
4. Chief Inspector of the Ministry of Science
and Technology and Director General of Directorate for Standards, Metrology and
Quality have the right to:
a) Impose a caution;
b) Impose a maximum fine as prescribed by this
Decree;
c) Temporarily suspending operations or
suspending operation depriving the use right of decision, license, certificate,
certificate of practice issued by the competent agencies or organizations;
d) Confiscating material evidences and means
used for administrative violations with their value not exceeding the maximum
fine prescribed at Point b of this Clause;
dd) Applying remedial
measures as prescribed in Chapter II of this Decree.
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1. Chairmen of communal-level People’s Committee
have a right:
a) Impose a caution;
b) Impose a fine of up to 5,000,000 dong for
individuals and 10,000,000 for organizations;
c) Confiscating material evidences and means
used for administrative violations with their value not exceeding the maximum
fine prescribed at Point b of this Clause;
d) Applying remedial measures to coercively
destroy the products and goods that are harmful to human health, domestic animals,
plants and the environment.
2. Chairmen of district-level People’s Committee
have a right::
a) Impose a caution;
b) Impose a fine of up to 50,000,000 dong for
individuals and 100,000,000 for organizations;
c) Temporarily suspending operations or suspending
operation depriving the use right of decision, license, certificate,
certificate of practice issued by the competent agencies or organizations;
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dd) Applying remedial
measures as prescribed in Chapter II of this Decree except for re-export of
products and goods in breach of the law on standards, metrology and quality of
products and goods or imported measuring devices and measurement standards not
in accordance with regulations on metrology.
3. Chairmen of provincial-level People’s
Committee have a right:
a) Impose a caution;
b) Impose a maximum fine as prescribed by this
Decree;
c) Temporarily suspending operations or
suspending operation depriving the use right of decision, license, certificate,
certificate of practice issued by the competent agencies or organizations;
d) Confiscating material evidences and means
used for administrative violation;
dd) Applying remedial measures as prescribed in
Chapter II of this Decree.
Article 31. Sanctioning
jurisdiction of people’s police, customs, market management and other
specialized inspection.
1. People having sanctioning jurisdiction of
police agency have a jurisdiction to inspect and record administrative
violations, impose administrative sanction and apply remedial measures for
administrative violations specified in this Decree under their field of
management as prescribed in Article 39 and Article 52 of the Law on handling of
administrative violations.
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3. People having sanctioning jurisdiction of the
market management agency have a jurisdiction to inspect and record
administrative violations, impose administrative sanction and apply remedial
measures for administrative violations specified in this Decree under their
field of management as prescribed in Article 45 and Article 52 of the Law on
handling of administrative violations.
4. People having sanctioning jurisdiction of other
specialized inspection agencies have a jurisdiction to inspect and record
administrative violations, impose administrative sanction and apply remedial
measures for administrative violations specified in this Decree under their
field of management as prescribed in Article 46 and Article 52 of the Law on
handling of administrative violations.
Article 32. Jurisdiction to
record administrative violation.
1. The titles referred to in Article 29, 30, 31
of this Decree and public servants and officials on duty detecting
administrative violations in the field of standards, metrology and quality of
products and goods are entitled to record the administrative violations as
prescribed.
2. The head of specialized inspection team on
the standards, metrology and quality of products and goods is entitled to
record the administrative violations upon detection of violation and the record
will be transferred to the person having competence in sanction in order to
conduct the sanctions as prescribed by law.
Chapter 4.
IMPLEMENTATION PROVISION
Article 33. Effect
1. This Decree takes effect on September 15,
2013.
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Article 34. Transitional
clause
For administrative violations in the field of
standards, metrology and quality of products and goods occurring before July
01, 2013 but then detected or reviewed or settled shall be applied with
provisions beneficiary to the violating organizations and individuals.
Article 35. Responsibility
for implementation
1. The Minister of Science and Technology is
responsible for guiding and organizing the implementation of this Decree.
2. The Ministers, heads of ministerial-level
agencies, heads of government-attached agencies, Chairmen of People's
Committees of provinces and centrally-affiliated cities are liable to execute
this Decree. /.
FOR
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung