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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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No. 124/2015/ND-CP
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Hanoi, November
19, 2015
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DECREE
AMENDMENTS
AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE No.
185/2013/ND-CP DATED NOVEMBER 15, 2013 REGULATING PENALTIES FOR ADMINISTRATIVE
VIOLATIONS IN COMMERCIAL ACTIVITIES, PRODUCTION AND TRADING IN COUNTERFEIT AND
BANNED GOODS, AND PROTECTION OF CONSUMER RIGHTS
Pursuant to the Law on Government organization
dated December 25, 2001;
Pursuant to the Law on Actions against
administrative violations dated June 20, 2012;
Pursuant to the Law on Investment dated November
26, 2014;
Pursuant to the Law on Enterprise dated November
26, 2014;
Pursuant to the Law on Commerce dated June 14,
2005;
Pursuant to the Law on Electronic transaction
dated November 29, 2005;
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Pursuant to the Law on consumers’ right
protection dated November 17, 2010;
At the request of the Minister of Industry and
Trade,
The Government promulgates the Decree providing
amendments and supplements to a number of articles of the Government’s Decree
No. 185/2013/ND-CP dated November 15, 2013 regulating penalties for
administrative violations in commercial activities, production and trading in
counterfeit and banned goods, and protection of consumer rights.
Article 1. Amendments and
supplements to a number of articles of the Government’s Decree No. 185/2013/ND-CP
dated November 15, 2013 regulating penalties for administrative violations in
commercial activities, production and trading in counterfeit and banned goods,
and protection of consumer rights
1. Supplements to Clause 5, Article 1:
“5. For acts of commercial speculation, hoarding of
goods, procurement of goods and services, and franchising that show signs of
competition restriction under the law on competition, apply provisions on
investigation and handling of violations of the law on competition.”
2. Amendments to Clause 3, Article 2:
“3. Organizations as prescribed in Clause 1, this
Article include economic organizations being enterprises established and
operating under the Law on Enterprise; cooperatives, and unions of cooperatives
established under the Law on Cooperatives; other economic organizations
established and operating according to law provisions and their affiliates; representative
offices, branches of foreign dealers in Vietnam; representative offices of
foreign trade promotion organizations in Vietnam.”
3. Amendments to Point b, Clause 8, Article 3:
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4. Supplements to Clause 14, Article 3:
“14. “Goods with origin unclear” mean the goods
that are circulating in the market without clear origin.”
5. Amendments to Point d, Clause 5, Article 4:
“d) Force withdrawal, destruction or elimination of
factors of violations applied to types of products, goods as prescribed in
Articles 33, 35 and 36 of the Law on Actions against administrative violations
that are still circulating in the market and consumed, sold by individuals or
organizations who commit administrative violations;”
6. Amendments to Clause 2, Article 5:
“2. For exhibits being counterfeits as prescribed
in Points a, b, c, d, dd, and e of Clause 8, Article 3 of this Decree, price of
such exhibits is market price of actual goods or goods having the same
technical features and use at the time the violation is detected as prescribed
in Point d, Clause 2, Article 60 of the Law on Actions against administrative
violations. Apply Clause 1, this Article in case price can not be determined.
7. Amendments to Article 6:
“Article 6. Acts of violation in business activities
according to business registration certificates
1. “A fine from VND 1,000,000 - 2,000,000 with
respect to business activities conducted on locations or head offices
inconsistent with Certificate of Business registration.
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3. “A fine from VND 3,000,000 - 5,000,000 with
respect to business activities in the form of enterprises without Certificate
of Enterprise registration as prescribed.
4. “A fine from VND 5,000,000 - 10,000,000 with
respect to acts of continuing business activities which are currently being
suspended by competent state management agencies or with Certificate of
Business registration being revoked.
5. A fine twice the level for violations as
prescribed from Clauses 1 – 4, this Article shall be applied with respect to
conditional business lines and trades."
8. Amendments to Article 7:
“Article 7. Acts of violation in business
activities according to business licenses
1. “Warnings or fines from VND 500,000 – 1,000,000
for illegal supplements, erasure or rectification of information printed on
certificates for goods and services subject to business restriction.
2. A fine from VND 1,000,000 – 3,000,000 for one of
the following acts:
a) Lease out, lend, mortgage, sell or transfer
certificates for goods and services subject to business restriction;
b) Lease, borrow, receive a mortgage, buy or receive
transfer of certificates for goods and services subject to business
restriction.
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4. A fine from VND 5,000,000 – 10,000,000 for one
of the following acts:
a) Trade in goods and services subject to business
restriction without certificates for goods and services subject to business
restriction as prescribed;
b) Trade in goods and services subject to business
restriction when the certificate for goods and services subject to business
restriction expires;
c) Use the certificate for goods and services subject
to business restriction owned by others for doing business;
5. A fine from VND 10,000,000 - 15,000,000 with
respect to acts of continuing business activities which are currently being
suspended by competent state management agencies or with Certificate for goods
and services subject to business restriction being revoked.
6. A fine twice the level for violations as
prescribed in Clauses 1 – 5, this Article shall be imposed on activities of
industrial production or distribution and trading in alcoholic, tobacco
products, and tobacco ingredients committing administrative violations.
7. Additional penalties:
Strip certificates for goods and services subject
to business restriction from 1 - 3 months for violations as prescribed in Point
a, Clauses 2 and 3, this Article in case of multiple or repeated
violations."
9. Amendments to heading of Article 10:
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10. Amendments to Point a, Clause 3, Article 10:
“a) Acts of transporting banned goods;”
11. Amendments to Clause 4, Article 13:
“4. Remedial measures:
a) Force removal of factors of violations from
labels, packages of counterfeits or destroy counterfeits for violations as
prescribed in this Article;
b) Force withdrawal or removal of factors of
violations from labels, packages of counterfeits or withdraw counterfeits that
are circulating in the market for violations as prescribed in this Article;
c) Force out of Vietnam’s territory or
re-exportation of counterfeits for acts of importation of counterfeits as
prescribed in this Article;
d) Force re-payment of illegal profits made by
violations as prescribed in this Article.”
12. Amendments to Clause 4, Article 14:
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a) Force removal of factors of violations from
labels, packages of counterfeits or destroy counterfeits for violations as
prescribed in this Article;
b) Force withdrawal or removal of factors of
violations from labels, packages of counterfeits or withdraw counterfeits that
are circulating in the market for violations as prescribed in this Article;
d) Force re-payment of illegal profits made by
violations as prescribed in this Article.”
13. Amendments to Article 16:
“Article 16. Acts of producing counterfeit
stamps, labels, and packages
1. For acts of producing counterfeit stamps,
labels, and packages as prescribed in Point h, Clause 8, level of penalties as
follows:
a) Warnings or a fine from VND 300,000 – 500,000 in
case quantity of counterfeit stamps, labels, and packages is under 100 pieces;
b) A fine from VND 500,000 – 1,000,000 in case
quantity of counterfeit stamps, labels, and packages is from 100 – less than
500 pieces;
c) A fine from VND 1,000,000 – 2,000,000 in case
quantity of counterfeit stamps, labels, and packages is from 500 – less than
1,000 pieces;
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dd) A fine from VND 5,000,000 – 10,000,000 in case
quantity of counterfeit stamps, labels, and packages is from 2,000 – less than
3,000 pieces;
e) A fine from VND 10,000,000 – 15,000,000 in case
quantity of counterfeit stamps, labels, and packages is from 3,000 – less than
5,000 pieces;
g) A fine from VND 15,000,000 – 20,000,000 in case
quantity of counterfeit stamps, labels, and packages is from 5,000 – less than
10,000 pieces;
h) A fine from VND 20,000,000 – 30,000,000 in case
quantity of counterfeit stamps, labels, and packages is from 10,000 pieces and
over;
2. A fine twice the level for violations as
prescribed in Clause 1, this Article for one of the following cases:
a) Counterfeit stamps, labels, and packages
produced for food, food additives, food processing aids, food preservatives,
functional food, preventive drugs, conventional medicine, cosmetics, medical
equipment, helmets;
b) Counterfeit stamps, labels, and packages for
detergents, insecticides, animal feed, fertilizers, veterinary medicine,
pesticide, plant and animal varieties, cements, construction steel;
3. Additional penalties:
a) Confiscate counterfeit stamps, labels, and
packages for violations as prescribed in this Article;
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c) Strip practice certificate, licenses from 3 - 6
months for violations as prescribed in Point a, Clauses 2 and 3, this Article
in case of multiple or repeated violations.
d) Suspend part or whole of the production activity
from 3 - 6 months for violations as prescribed in this Article;
4. Remedial measures:
a) Force destruction of counterfeit stamps, labels,
and packages for violations as prescribed in this Article;
b) Force withdrawal or destruction of counterfeit
stamps, labels, and packages currently in circulation for violations as
prescribed in this Article;
d) Force re-payment of illegal profits made by
violations as prescribed in this Article.”
14. Amendments to Clause 2, Article 17:
“2. A fine twice the level imposed on activities of
trading in illegal imports as prescribed in Clause 1, this Article for one of
the following cases:
a) Offenders are importers of the goods;
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c) Illegal imports include food, food additives,
food processing aids, food preservatives, functional food, preventive drugs,
conventional medicine, cosmetics, detergent, insecticides, medical equipment,
animal feed, fertilizers, veterinary medicine, pesticides, plant and animal
varieties, cements, construction steel, helmets.”
15. Amendments to Clause 3, Article 17:
“3. Level of financial penalties as prescribed in
Clauses 1 and 2, this Article is also applied to impose administrative
penalties on:
a) Deliberate transport of illegal imports;
b) Owners of storage facilities (warehouses,
wharves, yards, houses...) who carry out transport of illegal imports;
c) Deliberate delivery and receipt of illegal
imports;”
16. Amendments to Clause 5, Article 17:
“5. Remedial measures:
a) Force destruction of goods or items harmful to
health of people, domestic animals, plants, environment, toys harmful to
character education and children health, damaging cultural products, goods
banned from circulation or not safe for violations as prescribed in this
Article;
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c) Force re-payment of illegal profits made by
violations as prescribed in this Article.”
17. Amendments to Article 21:
“Article 21. Violations in shelf life of goods,
goods of unclear origin and others”
18. Amendments to Point a, Clause 1, Article 21:
“a) Trade in goods exceeding shelf life as printed
on labels or packages;”
19. Supplements to Point dd, Clause 1, Article 21:
“dd) Purchase, sell, transport, hoard, consume
mineral products without legal origin.”
20. Amendments to Point b, Clause 14, Article 21:
“b) Confiscate tools, machinery or other things
used for committing administrative violations for violations as prescribed in Point
b, Clause 1, this Article.”
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“15. Remedial measures:
a) Force destruction of exhibits of violations;
force withdrawal of exhibits of violations currently circulating in the market
for violations as prescribed in Points a and b, Clause 1, this Article;
b) Force removal of factors of violations from
labels, packages; force withdrawal or elimination of factors of violations from
labels, packages for violations as prescribed in Point d, Clause 1, this
Article;
c) Force re-payment of illegal profits made by
violations as prescribed in this Article.”
22. Amendments to Article 25:
“Article 25. Violations in trading, transport,
hoarding, delivery and receipt of banned goods as illegally imported tobacco
1. Acts of trading in banned goods as illegally
imported tobacco (hereinafter referred to as ‘illegal tobacco’), level of
penalties as follows:
a) Warnings or a fine from VND 500,000 – 1,000,000
in case quantity of illegal tobacco is less than 10 packs (1 pack = 20 cigarettes
(pieces) or 1 pack = 20 gram (for tobacco of other forms))
b) A fine from VND 1,000,000 – 2,000,000 in case
quantity of illegal tobacco is from 10 – less than 20 packs;
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d) A fine from VND 5,000,000 – 10,000,000 in case
quantity of illegal tobacco is from 50 – less than 100 packs;
dd) A fine from VND 10,000,000 – 20,000,000 in case
quantity of illegal tobacco is from 100 – less than 200 packs;
e) A fine from VND 20,000,000 – 30,000,000 in case
quantity of illegal tobacco is from 200 – less than 300 packs;
g) A fine from VND 30,000,000 – 50,000,000 in case
quantity of illegal tobacco is from 300 – less than 400 packs;
h) A fine from VND 50,000,000 – 70,000,000 in case
quantity of illegal tobacco is from 400 – less than 500 packs;
2. If quantity of illegal tobacco is found from 500
packs and over, the case should be transferred to the criminal proceedings
agency for criminal prosecution as prescribed in Article 62 of the Law on
Actions against administrative violations; in case the legal proceeding agency
decides not to bring the case into court, a fine from VND 70,000,000 –
100,000,000 shall be applied.
3. Financial penalties as prescribed in Clauses 1
and 2, this Article is also applied to impose administrative penalties on:
a) Deliberate transport of illegal tobacco;
b) Owners of storage facilities (warehouses,
wharves, yards, houses...) who carry out hoarding of illegal tobacco;
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4. Additional penalties:
a) Confiscate exhibits of violations for violations
as prescribed in this Article;
b) Confiscate transport vehicles used for transport
of illegal tobacco in case quantity is found from 500 packs and over or in case
of multiple or repeated violations for violations as prescribed as prescribed
in this Article;
c) Strip tobacco business licenses from 12 - 24
months for violations as prescribed in Clause 1, this Article in case of multiple
or repeated violations.
23. Amendments to Point h, Clause 1, Article 26:
“h) A fine from VND 30,000,000 – 50,000,000 in case
quantity of illegal tobacco is from 400 – less than 500 packs;
24. Amendments to Point b, Clause 4, Article 26:
“b) Confiscate transport vehicles used for
transport of raw materials of illegal tobacco in case exhibits are found from
2,000 kg and over or in case of multiple or repeated violations for violations
as prescribed as prescribed in this Article;
25. Point b, Clause 3, Article 45 is hereby
annulled.
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“Article 63. Violations in origin of imported,
exported goods
1. A fine from VND 10,000,000 - 20,000,000 for
deliberate falsification of Certificate of Origin or documents of
self-certification of product origin, or written approval for
self-certification of product origin issued by competent agencies;
2. A fine from VND 20,000,000 - 30,000,000 for
supply of falsified documents or materials to competent agencies as requested
or for verification of Certificate of Product Origin.
3. A fine from VND 30,000,000 – 40,000,000 for one
of the following acts:
a) Falsify product origin as granted the right to
self-certify product origin by competent state agencies;
b) Forge Certificate of Product Origin or documents
of self-certification of product origin;
c) Supply falsified documents or materials to
competent agencies as requested for self-certification of product origin or for
verification of documents of self-certification of product origin;
4. A fine from VND 40,000,000 - 50,000,000 for use
of fake certificate of product origin or documents of self-certification of
product origin;
5. Additional penalties:
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6. Remedial measures:
a) Force re-payment of illegal profits made by
violations as prescribed in this Article.”
b) Force correction of misleading information about
product origin for violations as prescribed in this Article.”
27. Amendments to Article 68:
“Article 68. Violations in registration for
model contracts, general transaction conditions
1. A fine from VND 20,000,000 – 30,000,000 for
failure to comply with requirements of competent state agencies for
postponement or amendments to model contracts, general transaction conditions
violating the law on customers’ right protection or in conflict with general
principles on contracting.
2. A fine from VND 30,000,000 – 50,000,000 for one
of the following acts:
a) Failure to register model contracts, general transaction
conditions with competent state management agencies on customers’ right
protection as prescribed;
b) Failure to make notification to consumers about
change of model contracts, general transaction conditions as prescribed;
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3. A fine twice the level for violations as
prescribed in Clauses 1 and 2, this Article for violations committed on
administrative divisions from two central-affiliated cities and provinces and
over.”
28. Amendments to Article 72:
“Article 72. Violations of remotely concluded
contract
1. A fine from VND 10,000,000 – 20,000,000 for acts
of concluding contracts remotely with consumers for one of the following cases:
a) Fail to provide information as prescribed;
b) Fail to refund within 30 days since consumer
unilaterally declares termination of the contract or failure to pay interests
on the delayed payment to the consumer as prescribed;
c) Restrict or hinder the consumer from
unilaterally terminating the contract within ten days since the contract is
concluded in case business organizations and individuals fail to provide
adequate information as prescribed;
d) Force or require consumers to pay fees for
permission to terminate the contract except for expenses for goods and services
already used by the consumer;
2. Remedial measures:
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29. Supplements to Points e and g, Clause 1,
Article 74:
“e) Fail to provide adequate and accurate
explanation to consumers about terms and conditions of the contract and
information concerning goods and services to be transacted with consumers;
g) Door-to-door delivery contract is not made in
writing and sent to consumers a copy as prescribed unless otherwise as
agreed."
30. Amendments to Point a, Clause 1, Article 75:
“a) Fail to provide a warranty note to
consumers;"
31. Amendments to Article 80:
“Article 80. Other violations in client and
consumer relationship
1. Warnings or a fine from VND 500,000 to 1,000,000
for one of the following acts in case transacted goods or services are less
than VND 5,000,000 in value:
a) Fail to compensate, refund or change goods,
services mistakenly delivered to clients or consumers;
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c) Fail to compensate, refund or change swapped or
cheated goods, services for consumers;
d) Willingly cut down packages, spare parts,
promotion items, technical documents and user manual attached upon delivery of
goods and services;
dd) Conduct trade promotion activities or propose transaction
with persons incapable of civil acts;
e) Force or require consumers to make payment for
delivered goods and services without prior agreement;
g) Take advantage of difficult circumstances of
consumers or take advantage of natural disasters, epidemics to provide goods
and services without quality assurance;
2. A fine from VND 1,000,000 to 5,000,000 for
violations as prescribed in Clause 1, this Article in case transacted goods or
services are from VND 5,000,000 – less than 20,000,000 in value.
3. A fine from VND 5,000,000 to 10,000,000 for
violations as prescribed in Clause 1, this Article in case transacted goods or
services are from VND 20,000,000 – less than 50,000,000 in value.
4. A fine from VND 10,000,000 to 15,000,000 for
violations as prescribed in Clause 1, this Article in case transacted goods or
services are from VND 50,000,000 – less than 100,000,000 in value.
5. A fine from VND 15,000,000 to 20,000,000 for
violations as prescribed in Clause 1, this Article in case transacted goods or
services are from VND 100,000,000 in value.
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a) Fail to provide explanation, or provide
explanation outside prescribed time, or fail to provide information, documents
or evidence at request of state administration agencies for protection of
consumer rights;
b) Refuse to receive request for negotiation from
consumers or fail to conduct negotiation with consumers within seven working
days since receipt of request from consumers as prescribed.
7. Additional penalties:
Strip business licenses, certificates of
satisfaction of business conditions, practice certificates, or suspend
operation for one to three months for violations as prescribed in Clauses 1, 2,
3, 4 and 5, this Article in case of multiple or repeated violations.
8. Remedial measures:
a) Force recall of goods without quality assurance
for violations as prescribed in Point g, Clause 1, this Article;
b) Force re-payment of illegal profits made by
violations as prescribed in Clauses 1, 2, 3, 4 and 5, this Article.”
32. Amendments to Article 81:
“Article 81. Violations in establishment of
e-commerce websites or mobile-based e-commerce applications (mobile apps)
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a) Fail to provide additional information for the
announcement of selling e-commerce websites or mobile-based selling
applications (hereinafter referred to as ‘selling apps’) as prescribed;
b) Fail to provide addition information for the
registration for websites providing e-commerce services (hereinafter referred
to as e-commerce service websites) or mobile-based e-commerce service supply
applications (hereinafter referred to as ‘e-commerce service apps’);
b) Fail to make notice about amendments or
supplements to website-related information as prescribed;
d) Fail to comply with regulations on manners of
publishing information on e-commerce service websites or e-commerce service
apps.
2. A fine from VND 5,000,000 –10,000,000 for one of
the following acts:
a) Provide inadequate or misleading information
when making notice about the establishment of selling e-commercial websites or
selling apps to competent state management agencies;
b) Publish registration information on e-commerce
service websites or e-commerce service apps inconsistent with information
registered with competent state management agencies;
3. A fine from VND 10,000,000 –20,000,000 for one
of the following acts:
a) Establish selling e-commerce websites or selling
apps without making notice to competent state management agencies as
prescribed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine from VND 20,000,000 –30,000,000 for one
of the following acts:
a) Establish e-commerce service websites or
e-commerce service apps without registration with competent state management
agencies as prescribed;
b) Receive transfer of e-commerce service websites or
e-commerce service apps without following procedures on transfer or fail to
register again with competent state management agencies as prescribed;
c) Carry out supply of e-commerce services
inconsistently with registration documents;
d) Falsify information for registration of
e-commerce service websites or e-commerce service apps;
dd) Forge registration information on e-commerce
service websites or e-commerce service apps;
e) Continue supply of e-commerce services after
termination or postponement of registration;
5. Additional penalties:
Suspend e-commerce activities from six to 12 months
for violations as prescribed in Clauses 2, 3 and Points a, b, c and d, Clause
4, this Article in case of multiple or repeated violations.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Force withdrawal of domains “.vn” of e-commerce
websites or removal of mobile apps from app stores or from supplied addresses
for violations as prescribed in Points b, c, dd and e, Clause 4, this Article.”
33. Amendments to Article 82:
“Article 82. Violations in information and
transaction on e-commerce websites or mobile apps;
1. A fine from VND 1,000,000 –5,000,000 for one of
the following acts:
a) Fail to provide the client with adequate
information about dealers, organizations, individuals as owners of e-commerce
websites or mobile apps, information about goods, services, price,
transportation, delivery, receipt, payment terms, contract provisions and
general transaction conditions before the client has concluded the contract for
use of online order placement function on e-commerce websites or mobile apps;
b) Fail to allow the client to check, supplement,
amend or confirm transaction information before use of online order placement
function on e-commerce websites or mobile apps for sending request for
concluding the contract;
c) Establish e-commerce service websites or
e-commerce service apps or other websites without public announcement of
processes and procedures on termination of the contract as prescribed.
2. A fine from VND 5,000,000 –10,000,000 for one of
the following acts:
a) Use links to provide information in conflict
with the information announced in the area of e-commerce websites or mobile
apps attached with such links;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine from VND 10,000,000 –20,000,000 for one
of the following acts:
a) Provide misleading information about dealers,
organizations, individuals as owners of e-commerce websites or mobile apps,
goods, services, price, transportation, delivery, receipt, payment terms,
contract provisions and general transaction conditions on e-commerce websites
or mobile apps;
b) Fail to allow the client to save confirmations
on transaction after concluding the contract for use of online order placement
function on e-commerce websites or mobile apps;
c) Establish e-commerce service websites or
e-commerce service apps or other websites without provision of online tools to
the client for sending request for termination of contract when demands for use
of services expire;
d) Develop online payment functions on e-commerce
websites or mobile apps without a mechanism for the client to check and confirm
details of payment transaction before use of this function for payment;
dd) Fail to store data about payment transactions
via its system according to prescribed time;
4. A fine from VND 20,000,000 –30,000,000 for one
of the following acts:
a) Use links, icons or other technologies to cause
confusions over relationship with other dealers, organizations and individuals;
b) Use icons of e-commerce website or mobile apps
credit rating programs without prior consent;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Fail to develop measures to ensure safety and
confidentiality for the client's payment transactions;
5. A fine from VND 30,000,000 –40,000,000 for one
of the following acts:
a) Forge or make illegal copy of interfaces of
e-commerce websites or mobile apps owned by other dealers, organizations and
individuals to make profits or cause the client’s confusions and mistrust in
such dealers, organizations and individuals;
b) Steal, disclose, transfer or sell business
secrets of other dealers, organizations or individuals or consumers' personal
information in e-commerce without prior consent of relevant parties;
6. A fine from VND 40,000,000 –50,000,000 for one
of the following acts:
a) Cheat clients on e-commerce websites or mobile
apps;
b) Take advantage of business activities of
e-commerce to illegally mobilize capital from other dealers, organizations and
individuals;
7. Additional penalties:
a) Confiscate exhibits, means used for committing
violations as prescribed in Clauses 5 and 6, this Article;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. Remedial measures:
a) Force rectification of untrue or confusing
information for violations as prescribed in Point a, Clause 3, Points a, b, and
c, Clause 4 and Point a, Clause 5, this Article;
b) Force withdrawal of domains “.vn” of e-commerce
websites or removal of mobile apps from app stores or from supplied addresses
for violations as prescribed in Clauses 5 and 6, this Article;
c) Force re-payment of illegal profits made by
violations as prescribed in Clauses 1, 2, 3, 5 and 6, this Article.”
34. Amendments to Article 83:
“Article 83. Violations in supply of e-commerce
services
1. A fine from VND 1,000,000 –3,000,000 for one of
the following acts:
a) Fail to make online announcement of the process
of receiving and handling complaints from clients and the mechanism of settling
disputes concerning the contract concluded on online promotion websites or
e-commerce service apps;
b) Fail to make public disclosure of the mechanism
of settling disputes arising during the transaction on e-commerce trading floor
and online auction websites or e-commerce service apps;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine from VND 10,000,000 –20,000,000 for one
of the following acts:
a) Establish online order placement function on
e-commerce service websites or apps for dealers, organizations and individuals
to carry out concluding of contract but the concluding of contract fails to
comply with law provisions;
b) Fail to ensure safety for consumers’ personal
information and business secrets of dealers, organizations and individuals
involved in transactions on e-commerce service websites or apps;
3. A fine from VND 30,000,000 –30,000,000 for one
of the following acts:
b) Fail to publish the statute on the website or
the statute published on the website is found inconsistent with registration
documents for e-commerce service websites or e-commerce service apps confirmed
by competent state management agencies;
b) Change information of the statute of e-commercial
service websites or apps without notice to service users;
c) Fail to require dealers, organizations and
individuals as sellers on e-commerce service websites or e-commerce service
apps to provide information as prescribed;
d) Fail to store registration information provided
by dealers, organizations and individuals participating in e-commerce service
websites or e-commerce service apps;
dd) Fail to publish information about goods and
services promoted on online promotion websites or e-commerce service apps as
prescribed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) Establish online auction websites or e-commerce
service apps but technical system serving online auction activities fails to
comply with law provisions;
h) Fail to provide measures to prevent and remove
from e-commerce websites or mobile apps information about sale or supply of
goods and services belonging to the list of goods banned from trading and
subject to business restriction as prescribed;
i) Fail to perform statistical reports as
prescribed;
4. A fine from VND 30,000,000 –40,000,000 for one
of the following acts:
a) Fail to take handling measures upon detection or
receipt of reports on illegal business acts on e-commerce service websites or
e-commerce service apps;
b) Fail to provide information and assist state
administration agencies in investigating illegal business acts on e-commerce
service websites or e-commerce service apps;
5. A fine from VND 40,000,000 – 50,000,000 for
organization of a business and marketing network for e-commerce services where
each participant pays an initial amount for purchasing the service and
receiving commissions, bonus or other economic interests from persuading other
people to take part in the network.
6. Additional penalties:
a) Confiscate exhibits, means used for committing
violations for violations as prescribed in Clauses 5, this Article;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. Remedial measures:
b) Force withdrawal of domains “.vn” of e-commerce
websites or removal of mobile apps from app stores or from supplied addresses
for violations as prescribed in Clauses 5, this Article;
b) Force re-payment of illegal profits made by
violations as prescribed in Clauses 1, 2, 3, 5, this Article.”
35. Amendments to Article 84:
“Article 84. Violations in protection of
personal information in e-commerce activities
1. A fine from VND 1,000,000 –5,000,000 for one of
the following acts:
a) Establishment of policies on protection of
personal information is in conflict with law provisions;
b) Fail to display on e-commerce websites policies
on protection of personal information for consumers;
2. A fine from VND 5,000,000 –10,000,000 for one of
the following acts:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Fail to inspect, update, adjust or postpone
personal information as requested;
3. A fine from VND 10,000,000 –20,000,000 for one
of the following acts:
a) Fail to establish mechanism of receiving and
handling consumers’ complaints about personal information wrongly used;
b) Fail to establish, issue or implement policies
on safety and security for the collection and use of personal information of
consumers;
4. A fine from VND 20,000,000 –30,000,000 for one
of the following acts:
a) Collect personal information without prior
consent;
b) Establish default option which forces consumers
to agree that their personal information may be shared, disclosed or used for
purposes of advertising or other commercial purposes;
c) Abuse personal information of consumers;
5. Additional penalties:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. Remedial measures:
Force re-payment of illegal profits made by
violations as prescribed in Clauses 4, this Article.”
36. Amendments to Article 85:
“Article 85. Violations in activities of
assessment, supervision and authentication in e-commerce
1. A fine from VND 5,000,000 –10,000,000 for one of
the following acts:
a) Fail to publish processes and criteria for
assessment, supervision and authentication on e-commerce websites or mobile
apps;
b) Fail to add registration documents for
activities of assessment, supervision and authentication on e-commerce websites
or mobile apps as prescribed;
c) Fail to add, update and publicly announce the
list of e-commerce websites or mobile apps that have been assessed, supervised
and authenticated by its own as prescribed;
2. A fine from VND 10,000,000 –20,000,000 for one
of the following acts:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Fail to conduct supervision of e-commerce
websites or mobile apps that have been assessed, supervised and authenticated
by its own;
3. A fine from VND 20,000,000 –30,000,000 for one
of the following acts:
a) Supply services of assessment, supervision and
authentication inconsistently with registration documents;
b) Fail to perform statistical reports as
prescribed;
4. A fine from VND 30,000,000 –40,000,000 for one
of the following acts:
a) Supply services of assessment, supervision and
authentication without permission as prescribed;
b) Falsify information to apply for licenses for
assessment, supervision and authentication of e-commerce;
c) Fail to cooperate with state administration
agencies in conducting inspection, investigation and handling of e-commerce
websites or mobile apps attached with credit symbol but showing signs of
violations;
d) Fail to cooperate with state administration
agencies in conducting inspection, investigation and handling of dealers,
organizations with policies on protection of personal information certified but
showing signs of violations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. A fine from VND 40,000,000 –50,000,000 for one
of the following acts:
a) Take advantage of activities of assessment,
supervision and authentication in e-commerce for illegal profits;
b) Continue operation even though registration for
activities of assessment, supervision and authentication is postponed or
terminated, or the license thereto is terminated or revoked;
6. Additional penalties:
a) Strip licenses for activities of assessment and
certification of policies on protection of personal information, licenses for
electronic contract authentication in e-commerce from six to 12 months for
violations as prescribed in Point b, Clause 4, and Point a, Clause 5 hereof;
b) Suspend activities of credit rating for
e-commerce websites or mobile apps from six to 12 months for violations as
prescribed in Points a and b, Clause 4, and Point a, Clause 5 hereof;
7. Remedial measures:
Force re-payment of illegal profits made by
violations as prescribed in Clauses 5, this Article.”
37. Amendments to Article 92:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine from VND 500,000 –1,000,000 to persons
involved in multi-level marketing who commit one of the following acts:
a) Carry out activities of multi-level marketing
without member card as prescribed;
b) Fail to present member card when introducing or marketing
goods;
c) Fail to provide adequate information about
companies and goods traded in the form of multi-level marketing as prescribed
when sponsoring other persons to participate in the multi-level marketing
network;
2. A fine from VND 1,000,000 – 3,000,000 to persons
involved in multi-level marketing who commit one of the following acts:
a) Fail to comply with the company’ operation
rules, prize winning programs as included in the application for issuance of
certificate of multi-level marketing registration;
b) Falsify information about goods offered;
3. A fine from VND 3,000,000 – 5,000,000 to persons
involved in multi-level marketing who require others to pay a certain amount of
money, a deposit or buy a certain quantity of goods in any form for the right
to participate in the multi-level marketing network;
4. A fine from VND 5,000,000 – 10,000,000 to
persons involved in multi-level marketing who falsify information about
benefits of participation in multi-level marketing as well as characteristics,
uses of traded goods or activities of multi-level dealers to entice other to
participate in multi-level marketing;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Organize client conferences, seminars, product
introduction conferences or training workshops without written authorization
from multi-level dealers;
b) Entice or bribe people from other multi-level
marketing networks into joining its own network;
c) Misuse title, power, or social status for
requiring others to participate in multi-level marketing network or to buy
goods traded under multi-level marketing manner;
6. A fine from VND 10,000,000 – 20,000,000 to
multi-level dealers who commit one of the following acts:
a) Fail to satisfy conditions for registration for
activities of multi-level marketing as prescribed during the operation;
b) Fail to follow procedures on amendments or
supplements to certificates of multi-level marketing registration when making
changes to the application for issuance of certificates of multi-level
marketing registration as prescribed;
c) Fail to follow procedures on re-issuance of
certificates of multi-level marketing registration in case the old one is lost,
damaged or destroyed as prescribed;
d) Falsify information to apply for issuance of
certificates of multi-level marketing registration;
dd) Conclude contracts with individuals unqualified
for multi-level marketing as prescribed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) Reject or underestimate obligations for
issuance, renewal or revocation of multi-level marketing member cards as
prescribed;
h) Reject or underestimate public announcement of
information, documents at the head office or supply of such information,
documents to persons who plan to participate in multi-level marketing as
prescribed;
i) Fail to carry out regular supervision of
multi-level marketing participants (hereinafter referred to as ‘participants’)
to ensure they comply with the company’s operation rules, prize winning
programs;
k) Fail to deduct personal income tax of
participants for state budget before paying commissions, bonus or other
economic interests to the participants;
l) Fail to control participants through member card
system as prescribed;
m) Reject or underestimate public announcement of
goods that are supposed not to be re-purchased by the enterprise to
participants before they make a purchase;
n) Contracts concluded with participants are not
made in writing or do not include basic information as prescribed;
o) Fail to carry out recovery and return of
certificates of training skills within 15 working days since receipt of
decision on recovery of certificates as prescribed;
7. A fine from VND 20,000,000 – 30,000,000 to
multi-level dealers who commit one of the following acts:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Reject or underestimate obligations as
prescribed when temporarily suspending or resuming multi-level marketing
activities after a break;
c) Reject or underestimate obligations for making
notice to competent agencies upon termination of multi-level marketing
activities;
d) Organize multi-level marketing activities in
central-affiliated cities and provinces without official confirmations by the
Service of Industry and Trade of such provinces, cities;
dd) Reject or underestimate obligations for making
notice to the Service of Industry and Trade where client conferences, seminars,
training workshops are organized;
e) Reject or underestimate obligations for
re-purchasing the goods from participants at their request as prescribed;
g) Total value of commissions, bonus and other
interests combined in a year paid to the participants exceeds 40% of the
company’s revenue in such year.
h) Reject or underestimate obligations as
prescribed upon termination of the contract for participation in multi-level
marketing;
k) Fail to make a deposit or provide written
confirmation of a new deposit to the licensing agency when changing head office
into other central-affiliated cities and provinces;
l) Reject or underestimate provision of regular reports
on multi-level marketing activities to competent state agencies as prescribed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
n) Public notice about organization of conferences,
seminars and training workshops is inconsistent with published information;
8. A fine from VND 30,000,000 - 50,000,000 for
multi-level marketing activities without registration with competent state
agencies;
9. A fine twice the level for violations as
prescribed in Clauses 8, this Article for violations committed on
administrative divisions from two central-affiliated cities and provinces and over;
10. Remedial measures:
a) Force re-payment of illegal profits made by
violations as prescribed in this Article.”
b) Force rectification of untrue or confusing
information for violations as prescribed in Point c, Clause 1, Points b, Clause
2 and Clause 4, this Article;”
38. Amendments to Article 100:
“Article 100. Authority to make written record
of administration violation
Competent persons as prescribed in Articles from
101 – 103 hereof and scouts of the Coast guard on duty have the authority to
make a written record of administrative violations prescribed hereof within
assigned functions, tasks, powers.”
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
“Article 103. Assignment of authorities of
People’s Police, Customs authorities, the Border guard, the Coast guard and
Inspectorate
1. Competent persons of the People’s Police have
the authority to impose penalties on administrative violations and take
remedial measures for consequences caused by acts of violations as prescribed
hereof within competence prescribed in Article 103a hereof and assigned
functions, tasks, powers.
2. Competent persons of Customs authorities have
the authority to impose penalties on administrative violations and take
remedial measures for consequences caused by acts of violations as prescribed in
Section 9, Chapter II and administrative violations in connection with
importation, exportation, temporary importation for export, temporary
exportation for import, and transshipment of goods as prescribed in Articles
11, 13, 15, 17, 18, 21, 25, 26, 27, 29, 33, 41, 42, 49, 50, 53, 90 and 91
hereof in transit within competence prescribed in Article 103a hereof and
assigned functions, tasks, powers.
3. Competent persons of the Border guard have the
authority to impose penalties on administrative violations and take remedial
measures for consequences caused by acts of violations as prescribed in Section
2, Chapter II and Articles 17, 21, 25, 55 and 91 hereof within competence
prescribed in Article 103a hereof and assigned functions, tasks, powers.
4. Competent persons of the Coast guard have the
authority to impose penalties on administrative violations and take remedial
measures for consequences caused by acts of violations as prescribed in Section
2, Chapter II and Articles 17, 21, 25, 26, 55, 56, 59, 61 and 91 hereof within
competence prescribed in Article 103d hereof and assigned functions, tasks,
powers.
5. Competent persons of the Inspectorate have the
authority to impose penalties on administrative violations and take remedial measures
for consequences caused by acts of violations as prescribed hereof within
competence prescribed in Article 103dd hereof and assigned functions, tasks,
powers.
40. Supplements to Article 103a:
“Article 103a. Authority of the People’s Police
1. People's police soldiers on duty has the
authority to:
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b) Impose a fine up to VND 500,000;
2. Chief, heads of police station as prescribed in
Clause 1, this Article have the authority to:
a) Impose penalties as a warning;
b) Impose a fine up to VND 1,500,000;
3. Heads of commune-level police authorities, heads
of police stations based in checkpoints or processing and exporting zones have
the authority to:
a) Impose penalties as a warning;
b) Impose a fine up to VND 2,500,000;
c) Confiscate the exhibits and instruments for
committing administrative violations with value not in excess of penalty levels
as prescribed in Point b, this Clause;
d) Take remedial measures for consequences as
prescribed in Points a, c and dd, Clause 1, Article 28 of the Law on Actions
against administrative violations
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a) Impose penalties as a warning;
b) Impose a fine up to VND 25,000,000 for acts of
violations as prescribed in Section 2, Chapter II and Article 25 hereof; a fine
up to VND 20,000,000 for other violations as prescribed hereof;
c) Impose temporary suspension of practice licenses
and certificates or the operation;
c) Confiscate the exhibits and instruments for
committing administrative violations with value not in excess of penalty levels
as prescribed in Point b, this Clause;
dd) Take remedial measures for consequences as
prescribed in Points a, c, dd and k, Clause 1, Article 28 of the Law on Actions
against administrative violations;
5. Directors of provincial-level police authorities
have the authority to:
a) Impose penalties as a warning;
b) Impose a fine up to VND 50,000,000 for
violations as prescribed hereof:
c) Impose temporary suspension of practice licenses
and certificates or the operation;
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dd) Take remedial measures for consequences as
prescribed in Points a, c, dd, i and k, Clause 1, Article 28 of the Law on
Actions against administrative violations;
6. General directors of Agency of internal
political security, Agency of economical security, Agency of ideology-cultural
security, Agency of network security and information security, Agency of socio-economic
criminal investigation, Agency of drug-related criminal investigation, Agency
of railway, road traffic police, Agency of waterway police; Agency of
environment-related criminal prevention and fighting, Agency of hi-tech related
criminal prevention and fighting have the authority to:
a) Impose penalties as a warning;
b) Impose a maximum fine as prescribed hereof;
c) Impose temporary suspension of practice licenses
and certificates or the operation;
d) Confiscating the exhibits and instruments for committing
administrative violations;
dd) Take remedial measures for consequences as
prescribed in Points a, c, dd, i and k, Clause 1, Article 28 of the Law on
Actions against administrative violations;
41. Supplements to Article 103b:
“Article 103b. Authority of Customs authorities
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a) Impose penalties as a warning;
b) Impose a fine up to VND 500,000;
2. Captains of Sub-department of Customs,
Sub-department of Post-Clearance Inspection have the authority to:
a) Impose penalties as a warning;
b) Impose a fine up to VND 5,000,000;
3. Directors of Sub-department of Customs,
Sub-department of Post-Clearance Inspection, captains of control teams
pertaining to customs departments of central-affiliated cities, provinces,
inter-provinces, captains of smuggling control teams, captains of customs
procedure teams have the authority to:
a) Impose penalties as a warning;
b) Impose a fine up to VND 25,000,000;
c) Confiscate the exhibits and instruments for
committing administrative violations that are not in excess of penalty levels
as prescribed in Point b, this Clause;
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4. General directors of the Smuggling Investigation
and Prevention Department, Post-Clearance Inspection Department, customs
departments of central-affiliated cities, provinces, inter-provinces have the
authority to:
a) Impose penalties as a warning;
b) Impose a fine up to VND 5,000,000;
c) Impose temporary suspension of practice licenses
and certificates or the operation;
d) Confiscate the exhibits and instruments for
committing administrative violations with value not in excess of penalty levels
as prescribed in Point b, this Clause;
dd) Take remedial measures for consequences as
prescribed in Points d, dd, g, i and k, Clause 1, Article 28 of the Law on
Actions against administrative violations;
5. General Director of the General Department of Customs
has the authority to:
a) Impose penalties as a warning;
b) Impose a maximum fine as prescribed hereof;
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dd) Take remedial measures for consequences as
prescribed in Points d, dd, g, i and k, Clause 1, Article 28 of the Law on
Actions against administrative violations;
42. Supplements to Article 103c:
“Article 103c. Authority of Border guard
1. Border guard's soldiers on duty have the
authority to:
a) Impose penalties as a warning;
b) Impose a fine up to VND 500,000;
2. Station chiefs, heads as prescribed in Clause 1,
this Article has the authority to:
a) Impose penalties as a warning;
b) Impose a fine up to VND 2,500,000;
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a) Impose penalties as a warning;
b) Impose a fine up to VND 25,000,000 for acts of
violations as prescribed in Section 2, Chapter II and Article 25 hereof; a fine
up to VND 20,000,000 for other violations as prescribed hereof;
c) Confiscate the exhibits and instruments for
committing administrative violations that are not in excess of penalty levels
as prescribed in Point b, this Clause;
dd) Take remedial measures for consequences as
prescribed in Points a, c, dd and k, Clause 1, Article 28 of the Law on Actions
against administrative violations;
4. Commanders of provincial-level border guards,
commanders of naval battalions affiliated to High command of Border guard have
the authority to:
a) Impose penalties as a warning;
b) Impose a maximum fine as prescribed hereof;
c) Impose temporary suspension of practice licenses
and certificates or the operation;
d) Confiscate the exhibits and instruments for
committing administrative violations;
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43. Supplements to Article 103d:
“Article 103d. Authority of Coast guard
1. Coast guards on duty have the authority to:
a) Impose penalties as a warning;
b) Impose a fine up to VND 1,500,000;
2. Heads of operation teams have the authority to:
a) Impose penalties as a warning;
b) Impose a fine up to VND 5,000,000;
3. Heads of operation groups, chiefs of coast guard
stations have the authority to:
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b) Impose a fine up to VND 10,000,000;
c) Take remedial measures for consequences as
prescribed in Points a, c and dd, Clause 1, Article 28 of the Law on Actions
against administrative violations
4. Captains of Naval groups have the authority to:
a) Impose penalties as a warning;
b) Impose a fine up to VND 25,000,000 for acts of violations
as prescribed in Section 2, Chapter II and Article 25 hereof; a fine up to VND
20,000,000 for other violations as prescribed hereof;
c) Confiscate the exhibits and instruments for
committing administrative violations that are not in excess of penalty levels
as prescribed in Point b, this Clause;
dd) Take remedial measures for consequences as
prescribed in Points a, c, dd and k, Clause 1, Article 28 of the Law on Actions
against administrative violations;
5. Captains of Naval battalions have the authority
to:
a) Impose penalties as a warning;
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c) Confiscate the exhibits and instruments for
committing administrative violations that are not in excess of penalty levels
as prescribed in Point b, this Clause;
dd) Take remedial measures for consequences as
prescribed in Points a, c, d, dd and k, Clause 1, Article 28 of the Law on
Actions against administrative violations;
6. Commanders of border guard zone have the
authority to:
a) Impose penalties as a warning;
b) Impose a fine up to VND 100,000,000 for acts of
violations as prescribed in Section 2, Chapter II and Article 25 hereof; a fine
up to VND 50,000,000 for other violations as prescribed hereof;
c) Confiscate the exhibits and instruments for
committing administrative violations that are not in excess of penalty levels
as prescribed in Point b, this Clause;
dd) Take remedial measures for consequences as
prescribed in Points a, c, d, dd and k, Clause 1, Article 28 of the Law on
Actions against administrative violations;
7. Commanders of High command of Border guard have
the authority to:
a) Impose penalties as a warning;
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c) Impose temporary suspension of practice licenses
and certificates or the operation;
d) Confiscate the exhibits and instruments for
committing administrative violations;
dd) Take remedial measures for consequences as
prescribed in Points a, b, c, d, dd and k, Clause 1, Article 28 of the Law on
Actions against administrative violations;"
44. Supplements to Article 103đ:
“Article 103đ. Authority of Inspectorate
1. Inspectors who are assigned to conduct specialty
inspection have the authority to:
a) Impose penalties as a warning;
b) Impose a fine up to VND 500,000;
c) Confiscate the exhibits and instruments for
committing administrative violations that are not in excess of penalty levels
as prescribed in Point b, this Clause;
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2. Chief inspectors of departments, directors of
Branches of food safety and hygiene, directors of Branches of crop production
and plant protection, directors of Branches of livestock and veterinary
medicine, directors of Branches of fisheries, directors of Branches of agro-forestry-fisheries quality assurance
affiliated to the Service of Agriculture and Rural Development have the
authority to:
a) Impose penalties as a warning;
b) Impose a fine up to VND 50,000,000;
c) Impose temporary suspension of practice licenses
and certificates or the operation;
d) Confiscate the exhibits and instruments for
committing administrative violations with value not in excess of penalty levels
as prescribed in Point b, this Clause;
dd) Take remedial measures for consequences as
prescribed in Clause 1, Article 28 of the Law on Actions against administrative
violations;
3. Chief inspectors of the ministries,
ministerial-level agencies, general directors of Directorate for standards,
metrology, and quality, Directorate of forest, Directorate of fisheries,
Directorate of geology and minerals of Vietnam, Directorate of environment,
directors of Chemical agency, Industrial safety techniques and environment
agency, Agency of animal health, Agency of plant protection, Agency of crop
production, Agency of livestock, National agro-forestry-fisheries quality
assurance agency, Agency of processing for agro- forestry- fisheries products
and salt production, Agency of telecommunications, Agency of broadcasting
and electronic information, Agency of press, Agency of publication, print and
release, Drug administration of Vietnam, Agency of health examination and
treatment, Agency of administration of environmental health, Agency of
preventive medicine, Agency of foods safety have the authority to:
a) Impose penalties as a warning;
b) Impose a maximum fine as prescribed hereof;
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d) Confiscate the exhibits and instruments for
committing administrative violations;
dd) Take remedial measures for consequences as
prescribed in Clause 1, Article 28 of the Law on Actions against administrative
violations;
4. Heads of departmental inspectorate, heads of
inspectorate of state administration agencies have the authority to impose
penalties as prescribed in Clause 2, this Article.
5. Heads of ministerial inspectorate have the
authority to:
a) Impose penalties as a warning;
b) Impose a fine up to VND 140,000,000 for acts of
violations as prescribed in Section 2, Chapter II and Article 25 hereof; a fine
up to VND 70,000,000 for other violations as prescribed hereof;
c) Impose temporary suspension of practice licenses
and certificates or the operation;
d) Confiscate the exhibits and instruments for
committing administrative violations with value not in excess of penalty levels
as prescribed in Point b, this Clause;
dd) Take remedial measures for consequences as
prescribed in Clause 1, Article 28 of the Law on Actions against administrative
violations;
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This Decree takes effect since January 05, 2016.
Article 3. Implementary
provisions
1. The Minister of Industry and Trade shall be
responsible for monitoring and providing guidance on this Decree.
2. Ministers, heads of ministerial-level agencies,
heads of governmental agencies, presidents of People’s committees of
central-affiliated cities and provinces and relevant agencies, organizations,
and individuals shall be responsible for executing this Decree./.
PP THE
GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung