THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
No.
112/2010/ND-CP
|
Hanoi,
December 01, 2010
|
DECREE
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 06/2008/ ND-CP
OF JANUARY 16, 2008, ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN COMMERCIAL
ACTIVITIES
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Commercial Law;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations
and the April 2, 2008 Ordinance Amending and Supplementing a Number of Articles
of the Ordinance on Handling of Administrative Violations (below referred to as
the Ordinance);
At the proposal of the Minister of Industry and Trade,
DECREES:
Article 1.
To amend and supplement a number of articles of the Government's Decree No.
06/2008/ND-CP of January 16, 2008, on sanctioning of administrative violations
in commercial activities, as follows:
1. To
amend and supplement Article 4 as follows:
"Article
4. Sanctioning principles
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. To
amend and supplement Article 5 as follows:
"Article
5. Extenuating and aggravating circumstances
Extenuating
or aggravating circumstances applicable in sanctioning administrative
violations in commercial activities specified in this Decree comply with
Articles 8 and 9 of the Ordinance and Article 6 of Decree No. 128."
3. To
amend and supplement Clause 5, Article 6 as follows:
"5. The
method of counting the statute of limitations for sanctioning administrative
violations in commercial activities complies with Article 9 of Decree No.
128."
4. To
amend and supplement Clause 6, Article 6 as follows:
"6. Past
the statute of limitations specified in Clause 1, 2, 3 or 4 of this Article, a
violator shall not be sanctioned for his/her administrative violation but is
still subject to the remedies specified in Clause 3, Article 12 of the
Ordinance if this Decree provides for the application of remedies with respect to
such violation."
5. To
amend and supplement Article 7 as follows:
"Article
7. Time limit after which violators are regarded as having not yet been
administratively handled
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The method
of counting the time limit after which violators are regarded as having not yet
been handled for administrative violations in commercial activities complies
with Article 9 of Decree No. 128."
6. To
amend and supplement Point b, Clause 3, Article 8 as follows:
"b/
Confiscation of material evidence or means used in administrative violations
will apply when this Decree provides for the application of additional
sanctions with respect to such violations. Material evidence or means used in
administrative violations include things, cash, goods, tools and means directly
related to administrative violations. Material evidence and means which are
appropriated or illegally used by violators shall not be confiscated but shall
be returned to their lawful owners or managers or users under Clause 2. Article
17 of the Ordinance and Clause 2, Article 12 of Decree No. 128."
7. To
amend and supplement Clause 6, Article 8 as follows:
"6. Past
the time limit for issuing a sanctioning decision under Clause 1, Article 56 of
the Ordinance and Article 23 of Decree No. 128, the person with sanctioning
competence may not issue such decision but shall still issue a decision to
confiscate material evidence used in an administrative violation which is
banned from sale or circulation and apply remedies if this Decree provides for
confiscation as an additional sanction and remedy for such violation."
8. To
amend and supplement Clause 2, Article 9 as follows:
"2.
Persons with sanctioning competence shall sanction administrative violations in
commercial activities according to their competence. Authorization of
administrative sanctioning complies with Article 41 of the Ordinance and
Article 16 of Decree No. 128.'*
9. To
amend and supplement Article 10 as follows:
"Article
10. Violations of regulations on enterprise registration certificates
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of
between VND 3 million and 5 million shall be imposed for doing business as
enterprises without enterprise registration certificates as required.
3. A fine of
between VND 5 million and 10 million shall be imposed for continuing doing
business when having enterprise registration certificates revoked by competent
state management agencies.
4. A fine
doubling the fine specified in Clauses 1 thru 3 of this Article shall be
imposed for trading in goods or services restricted from business or subject to
conditional business or goods subject lo application of the urgent measure of
forced recall, sale suspension or conditional sale by competent state
management agencies or for which a license is required.
5. The
provisions of Clauses 1 thru 4 of this Article are also applicable to
sanctioning violations of regulations on investment licenses, investment
certificates and operation registration certificates of enterprises' branches
and representative offices in provinces and cities."
10. To
amend and supplement Article 11 as follows:
"Article
11. Violations of regulations on business household registration
certificates
1. Caution or
a fine of between VND 100,000 and 300,000 shall be imposed for trading in
business lines or commodities or at places other than those indicated in
business household registration certificates.
2. A fine of
between VND 300,000 and 500,000 shall be imposed for doing business as business
households without business household registration certificates as required.
3. A fine of
between VND 500,000 and 1,000,000 shall be imposed for continuing doing
business when having business household registration certificates revoked by
competent state management agencies.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
11. To
amend and supplement Article 12 as follows:
"Article
12. Sanctioning of administrative violations in business registration
Administrative
violations of regulations on business registration procedures, business offices
and places or traders' signboards and other violations of regulations on
enterprise registration certificates or business household registration
certificates shall be sanctioned under regulations on sanctioning of
administrative violations in relevant state management domains."
12. To
amend and supplement Article 18 as follows:
"Article
18. Violations of regulations on goods banned from business
1. Caution or
a fine of between VND 500,000 and 1,000,000 shall be imposed for trading in
goods banned from business which are valued at up to VND 5 million.
2. A fine of
between VND 1 million and 2 million shall be imposed for the violations
specified in Clause 1 of this Article involving goods valued at between over
VND 5 million and 10 million.
3. A fine of
between VND 2 million and 3 million shall be imposed for the violations
specified in Clause 1 of this Article involving goods valued at between over
VND 10 million and 20 million.
4. A fine of
between VND3 million and 5 million shall be imposed for the violations
specified in Clause 1 of this Article involving goods valued at between over
VND 20 million and 30 million.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. A fine of
between VND 10 million and 20 million shall be imposed for the violations
specified in Clause 1 of this Article involving goods valued at between over
VND 50 million and 70 million.
7. A fine of
between VND 20 million and 30 million shall be imposed for the violations
specified in Clause 1 of this Article involving goods valued at between over
VND 70 million and under 100 million.
8. A fine of
between VND 30 million and 35 million shall be imposed for the violations
specified in Clause 1 of this Article involving goods valued at VND 100 million
or more if violators are not subject to penal liability examination.
9. A fine
doubling the fine specified in Clauses 1 thru 8 of this Article shall be
imposed in either of the following cases:
a/ Violations
are committed by producers, subcontract producers, processors, manufacturers,
recyclers, classifiers, assemblers, bottlers, chargers, packers or importers of
goods banned from business;
b/ Goods
banned from business are toxic chemicals, preventive and curative medicines for
human use, veterinary drugs, plant protection drugs, food additives, food
processing aids, irradiated food, genetically modified food and medical
equipment not yet permitted for use in Vietnam.
10. The fines
specified in Clauses 1 thru 9 of this Article shall also be imposed on:
a/ Owners or operators
of vehicles who transport goods banned from business;
b/ Owners of
warehouses, wharves, storing yards or houses who store or hide goods banned
from business;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
11. Additional
sanctions and remedies:
a/ Forced
destruction of goods or articles harmful to human or animal health, plants or
the environment, toys harmful to child personality education and health, and
harmful cultural products, for the violations specified in this Article. When
forced destruction is inapplicable or violators fail to destroy the goods, such
goods shall be confiscated for destruction under regulations;
b/
Confiscation of goods banned from business, for the violations specified in
this Article, except cases specified at Point a, Clause 11 of this Article;
c/
Confiscation of material evidence or means used for production, subcontract
production, processing, manufacture, re-processing, classification, assembly,
bottling, charging or packing of goods banned from business, for the violations
specified at Point a, Clause 9 of this Article;
d/
Confiscation of vehicles carrying goods banned from business, for the
violations specified at Points a and c, Clause 10 of this Article, if such
violations are intentional in any of the following cases: involved goods are
valued at over VND 70 million; repeated violations or recidivism; using number
plates of other vehicles or number plates not granted by competent state
management agencies; using vehicles converted for transporting banned goods;
shirking or obstructing persons on duty, except the cases specified in Clause
2. Article 17 of the Ordinance and Clause 2, Article 12 of Decree No.
128."
13. To
amend and supplement Article 22 as follows:
"Article
22. Sanctioning of acts of trading in illegal imports
1. Caution or
a fine of between VND 300,000 and 500,000 shall be imposed for trading in
illegal imports valued at up to VND 5 million.
2. A fine of
between VND 500,000 and 1,000,000 shall be imposed for the violations specified
in Clause 1 of this Article involving imports valued at between over VND 5
million and 10 million.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine of
between VND 2 million and 3 million shall be imposed for the violations
specified in Clause 1 of this Article involving imports valued at between over
VND 20 million and 30 million.
5. A fine of between
VND 3 million and 5 million shall be imposed for the violations specified in
Clause 1 of this Article involving imports valued at between over VND 30
million and 50 million.
6. A fine of
between VND 5 million and 7 million shall be imposed for the violations
specified in Clause 1 of this Article involving imports valued at between over
VND 50 million and 70 million.
7. A fine of
between VND 7 million and 10 million shall be imposed for the violations
specified in Clause 1 of this Article involving imports valued at between over
VND 70 million and under 100 million.
8. A fine of
between VND 10 million and 20 million shall be imposed for the violations
specified in Clause 1 of this Article involving imports valued at VND 100
million or more.
9. A fine doubling
the fine specified in Clauses 1 thru 8 of this Article shall be imposed in
either of the following cases:
a/ Illegal
imports are banned or suspended from import;
b/ Violators
directly import such goods.
10. Violators
who illegally import goods valued at VND 100 million or more but are not
subject to penal liability examination shall be fined at the levels specified
in Clauses 8 and 9 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Owners or
operators of vehicles who intentionally transport illegal imports;
b/ Owners of
warehouses, wharves, storing yards or houses who intentionally store or hide
illegal imports;
c/ Goods
delivery service providers who intentionally deliver illegal imports.
12. For
illegal imports banned from business, violators shall be administratively
sanctioned under Article 18 of this Decree; illegally imported liquor and
tobacco shall be handled under relevant regulations on administrative
sanctioning.
13.
Additional sanctions and remedies:
a/ Forced
destruction of goods or articles harmful to human or animal health, plants or
the environment, toys harmful to child personality education and health, and harmful
cultural products, for the violations specified in this Article. When forced
destruction is inapplicable or violators fail to destroy the goods, such goods
shall be confiscated for destruction under regulations;
b/
Confiscation of illegal imports, for the violations specified in this Article,
except the cases specified at Point a, Clause 13 of this Article;
c/
Confiscation of vehicles carrying illegal imports, for the violations specified
at Points a and c, Clause 11 of this Article in any of the following cases:
illegal imports are valued at VND 100 million or more; repeated violations or
recidivism; using number plates of other vehicles or number plates not granted
by competent slate management agencies; using vehicles converted for
transporting illegal imports; or shirking or obstructing persons on duty,
except the cases specified in Clause 2, Article 17 of the Ordinance and Clause
2, Article 12 of Decree No. 128."
14. To
amend and supplement Article 23 as follows:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Trading in
goods with hidden, torn or faded labels (including supplementary labels) which
are wholly or partially unreadable; goods with labels which are printed with
improper font sizes of Vietnamese and foreign languages, language and units of
measurement, shall be sanctioned as follows;
a/ Caution or
a fine of between VND 50,000 and 100,000, if involved goods are valued at up to
VND 5 million;
b/ A fine of
between VND 100,000 and 200,000, if involved goods are valued at between over
VND 5 million and 10 million;
c/ A fine of
between VND 200,000 and 500,000, if involved goods are valued at between over
VND 10 million and 20 million;
d/ A fine of
between VND 500,000 and 1,000,000, if involved goods arc valued at between over
VND 20 million and 30 million;
e/ A fine of
between VND 1 million and 3 million, if involved goods are valued at between
over VND 30 million and 50 million;
f/ A fine of
between VND 3 million and 5 million, if involved goods are valued at between
over VND 50 million and 70 million;
g/ A fine of
between VND 5 million and 7 million, if involved goods are valued at between
over VND 70 million and 100 million;
h/ A fine of
between VND 7 million and 10 million, if involved goods are valued at over VND
100 million.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Caution or
a fine of between VND 100,000 and 200,000. if involved goods are valued at up
to VND 5 million;
b/ A fine of
between VND 200,000 and 500,000, if involved goods are valued at between over
VND 5 million and 10 million;
c/ A fine of
between VND 500,000 and 1,000,000, if involved goods are valued at between over
VND 10 million and 20 million;
d/ A fine of
between VND 1 million and 2 million, if involved goods are valued at between
over VND 20 million and 30 million;
e/ A fine of
between VND 2 million and 5 million, if involved goods are valued at between
over VND 30 million and 50 million;
f/ A fine of
between VND 5 million and 7 million, if involved goods are valued at between
over VND 50 million and 70 million;
g/ A fine of
between VND 7 million and 10 million, if involved goods are valued at between
over VND 70 million and 100 million;
h/ A fine of
between VND 10 million and 15 million, if involved goods are valued at over VND
100 million.
3. Trading in
goods with labels containing images, pictures, letters, signs, symbols, medals,
prizes and other information which are untruthful about such goods; goods with
labels (including original or supplementary labels of imports) which are erased
or modified to distort information on such goods, shall be sanctioned as
follows:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ A fine of
between VND 500,000 and 1,000,000, if involved goods are valued at between over
VND 5 million and 10 million;
c/ A fine of
between VND 1 million and 2 million, if involved goods arc valued at between
over VND 10 million and 20 million;
d/ A fine of
between VND 2 million and 5 million, if involved goods are valued at between
over VND 20 million and 30 million;
e/ A fine of
between VND 5 million and 8 million, if involved goods are valued at between
over VND 30 million and 50 million;
f/ A fine of between
VND 8 million and 12 million, if involved goods are valued at between over VND
50 million and 70 million;
g/ A fine of
between VND 12 million and 16 million, if involved goods are valued at between
over VND 70 million and 100 million;
h/ A fine of between
VND 16 million and 20 million, if involved goods are valued at over VND 100
million.
4. Trading in
unlabeled goods for which labels are required under regulations or imports
without original labels or with original labels which have been fraudulently
exchanged shall be sanctioned as follows:
a/ Caution or
a fine of between VND 500,000 and 1,000,000, if involved goods are valued at up
to VND 5 million;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/ A fine of
between VND 2 million and 5 million, if involved goods are valued at between
over VND 10 million and 20 million;
d/ A fine of
between VND 5 million and 10 million, if involved goods are valued at between
over VND 20 million and 30 million;
e/ A fine of
between VND 10 million and 15 million, if involved goods are valued at between
over VND 30 million and 50 million;.
f/ A fine of
between VND 15 million and 20 million, if involved goods are valued at between
over VND 50 million and 70 million:
g/ A fine of
between VND 20 million and 25 million, if involved goods are valued at between
over VND 70 million and 100 million;
h/ A fine of
between VND 25 million and 30 million, if involved goods are valued at over VND
100 million.
5. A fine
doubling the fine specified in Clauses 1 thru 4 of this Article in either of
the following cases:
a/ Violations
involve food, curative and preventive medicines, functional food, cosmetics,
animal feeds, fertilizers, veterinary drugs, plant protection drugs, plant
varieties, animal breeds, cement, construction steel and helmets for motorcycle
riders;
b/ Violations
are committed by goods producers, subcontract producers, processors, mixers,
manufacturers, re-processors, bottlers, chargers, packers, assemblers or
importers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. Trading in
goods with fake labels or packings under Point b. Clause 8, Article 3 of this
Decree shall be sanctioned under Article 24 of this Decree.
8. Remedies:
a/ Forced
recall of marketed goods with violating labels, for the violations specified in
this Article;
b/ Forcing
traders responsible for goods labeling to remedy label-related violations, for
the violations specified in this Article;
c/ Forced
destruction of goods which are unsafe for humans, livestock or plants or affect
the environment, for the violations specified in Clauses 1 thru 5 of this
Article. When forced destruction is inapplicable or violators fail to destroy
the goods, such goods shall be confiscated for destruction under
regulations."
15. To
amend and supplement Article 24 as follows:
"Article
24. Sanctioning of trading in fake goods
1. Caution or
a fine of between VND 300.000 and 500,000 shall be imposed for trading in fake
goods valued at up to VND 1 million.
2. A fine of
between VND 500,000 and 1.000,000 shall be imposed for the violations specified
in Clause 1 of this Article involving goods valued at between over VND 1
million and 3 million.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine of
between VND 2 million and 5 million shall be imposed for the violations
specified in Clause 1 of this Article involving goods valued at between over
VND 5 million and 10 million.
5. A fine of
between VND 5 million and 10 million shall be imposed for the violations specified
in Clause 1 of this Article involving goods valued at between over VND 10
million and 20 million.
6. A fine of
between VND 10 million and 20 million shall be imposed for the violations
specified in Clause 1 of this Article involving goods valued at between over
VND 20 million and 30 million.
7. A fine of
between VND 20 million and 30 million shall be imposed for the violations
specified in Clause 1 of this Article involving goods valued at VND 30 million
or more if violators are not subject to penal liability examination.
8. A fine
doubling the fines specified in Clauses 1 thru 7 of this Article shall be
imposed in either of the following cases:
a/ Violations
are committed by producers, processors, mixers, subcontract producers,
assemblers, re-processors, manufacturers, classifiers, bottlers, chargers,
packers or importers of fake goods;
b/ Fake goods
are food, curative or preventive medicines, animal feeds, fertilizers,
veterinary drugs, plant protection drugs, plant varieties or animal breeds, if violators
are not subject to penal liability examination.
9. Trading in
fake goods specified at Point c, Clause 8, Article 3 of this Decree shall be
sanctioned under regulations on sanctioning of administrative violations in
relevant state management domains.
10.
Additional sanctions and remedies:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ Forced
removal of untruthful elements on goods labels or packings, for the violations
specified in this Article but not specified at Point a, Clause 10 of this
Article. When it is impossible to remove the untruthful elements or violators
fail to remove them, such goods shall be confiscated and handled under
regulations;
c/
Confiscation of material evidence and means used for making fake goods, for the
violations specified at Point a. Clause 8 of this Article."
16. To
amend and supplement Point d, Clause 1, Article 30 as follows:
"d/
Failing to organize registered trade fairs or exhibitions in Vietnam or
modifying registered contents without notifying in writing such to competent
state agencies within the specified time limit or without obtaining competent
state agencies' certification of such modification."
17. To
amend and supplement Point g, Clause 2, Article 30 as follows:
"g/ Displaying
at fairs or exhibitions goods without labels or with labels incompliant with
the law on goods labeling, except goods temporarily imported for display at
fairs or exhibitions then re-exported;"
18. To
amend and supplement Article 61 as follows:
"Article
61. Principles of determining the sanctioning competence and authorization
of sanctioning powers
1. The
principles of determining the sanctioning competence comply with Article 42 of
the Ordinance and Article 15 of Decree No.128.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
19. To
amend and supplement Clause 1, Article 62 as follows:
"1.
Administrative sanctioning procedures comply with the Ordinance and Decree No.
128."
20. To
amend and supplement Article 63 as follows:
"Article
63. Determination of the value of material evidence and means used in
violations as a basis for determining fine levels and sanctioning competence
The value of
material evidence and means used in violations as a basis for determining fine
levels and sanctioning competence shall be determined under Article 34 of
Decree No. 128."
21. To
amend and supplement Article 64 as follows:
"Article
64. Application of measures to stop administrative violations and assure
their handling
1. In order
to promptly stop, and assure the handling of, administrative violations in
commercial activities, competent persons may take measures to stop
administrative violations and assure their sanctioning under Article 43 of the
Ordinance.
2. The
Competence and procedures to apply measures to stop, and assure the handling
of, administrative violations in commercial activities comply with Articles 44
thru 49 of the Ordinance and Article 17 of Decree No. 128."
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
"Article
65. Complaints and denunciations and settlement thereof
Lodging and
settlement of complaints and denunciations about sanctioning of administrative
violations in commercial activities comply with the law on complaints and
denunciations."
23. To
amend and supplement Article 68 as follows:
"Article
68. Implementation responsibility
1. The
Minister of Industry and Trade shall detail and organize the implementation of
this Decree.
2. The
Minister of Industry and Trade shall issue forms of sanctioning records and
decisions for uniform use in the inspection and sanctioning of administrative
violations by market management agencies at all levels within their sanctioning
competence.
3. Ministers,
heads of ministerial-level agencies, heads of government-attached agencies,
chairpersons of provincial-level People's Committees and concerned
organizations and individuals shall implement this Decree."
Article 2.
Effect
1. This
Decree takes effect on February 01, 2011.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 3.
Transitional provisions
1.
Administrative violations which are committed and for winch records are made
before the effective date of this Decree shall be sanctioned under relevant
provisions of the Government's Decrees No. 06/2008/ND-CP of January 16, 2008,
on sanctioning of administrative violations in commercial activities; No. 107/2008/ND-CP
of September 22, 2008, on administrative sanctioning of acts of goods
speculation and hoarding, price hiking, rumor spreading, smuggling and trade
frauds; and No. 54/2009/ND-CP of June 5, 2009, on sanctioning of administrative
violations in the domain of standards, metrology and product and goods quality.
2.
Administrative violations for which records are made before the effective date
of this Decree but which are sanctioned after the effective date of this Decree
shall be sanctioned under this Decree if they arc subject to no administrative
sanctioning or to lighter sanctioning forms and levels under this Decree.
Article 4.
Implementation responsibilities
Ministers,
heads of ministerial-level agencies, heads of government-attached agencies, chairpersons
of provincial-level People's Committees and concerned organizations and
individuals shall implement this Decree.-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung