THE
GOVERNMENT
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|
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
06/2008/ND-CP
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Hanoi,
January 16, 2008
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DECREE
STIPULATING
ON HANDLING OF ADMINISTRATIVE VIOLATIONS IN TRADE ACTIVITIES
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the Law on Trade dated June 14, 2005;
Pursuant to the Law on Competition dated December 03, 2004;
Pursuant to the Law on E-Transactions dated November 29, 2005;
Pursuant to the July 02, 2002 Ordinance on Handling of Administrative
Violations;
At the proposal of the Minister of Industry and Trade,
DECREES:
Chapter 1:
GENERAL
PROVISIONS
Article
1. Scope of governing
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2. The administrative
violations in the trade activities are the acts of individuals, organizations
intentionally or unintentionally violating provisions on state management in
the trade activities but not being crime and according to provisions in this
Decree they shall be sanctioned administrative violations.
3. The administrative
violations in the trade activities provided in this Decree include:
a) Violations of
provisions on the Certificates of business registration of traders;
b) Violations of
provisions on the establishment and operation of representative offices and
branches of foreign traders in Vietnam; on goods trading activities and activities
directly related to the goods purchase and sale of the enterprises with
foreign-owned capital in Vietnam; on the rights of export, import of goods of
foreign traders without presence in Vietnam;
c) Violations of
provisions on circulation, trading of goods and services in the market;
d) Violations of
provisions on trade promotion activities;
đ) Violations of
regulations on export and import of goods and services related to export and
import of goods;
e) Violations of
regulations on trade intermediate activities;
g) Violations of
regulations on other trade activities.
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Article
2. Subjects of applications
1. Vietnamese
individuals, organizations who have administrative violations in the trade
activities.
2. Foreign
individuals, organizations who have administrative violations in the trade
activities within the territory, economic exclusive zone and continental shelf
of the Socialist Republic of Vietnam, except for the case the international
agreements of which Vietnam is a member provided for otherwise.
3. Minors who commit
acts of administrative violations in trade activities sanctioned under the
provisions of Article 6 and Article 7 of the Ordinance on Handling of
Administrative Violations.
Article
3. Interpretation of terms
In this Decree, the
following terms are construed as follows:
1. Business is the
continuity to conduct one, some or all of the stages of the investment process,
from production to consumption of products or provisions of services in the
market for seeking profits.
2. Goods including
all types of fixed assets, including fixed assets formed in the future and the
things attached to land.
3. Goods circulated in
the market are goods on the way of being transported, showed to sale, stored in
warehouses, wharves, yards, at place of manufacturing, business or at another places.
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5. Business
households in accordance with provisions in Decree No.88/2006/ND-CP dated
August 29, 2006 by the Government on business registration.
6. Services
related to export and import of goods including export consignment, import
consignment, transshipment, transit, temporary import for re-export, temporary
export for re-import are defined in the Commercial Law and the Decrees
detailing the implementation of Commercial Law.
7.
Smuggled
goods, including:
a) Goods
banned from import or suspended to import as provided;
b) The imported
goods with conditions or must have permits without papers or permits granted by
the specialized state management agency attached to goods;
c) Imported
goods not being passed through prescribed border, failing to conduct customs
procedures according to provisions or fraudulent numbers and types of goods
when conducting the customs procedures;
d) Imported
goods circulated in the market without invoices and vouchers together as prescribed
or having invoices, vouchers but inadequate or having invoices, vouchers but
through investigation, verification of function authorities that they are illegal
invoices, documents such as fake invoices, invoices to be made untruthfully, invoices
used for illegal sale, purchase, invoice used;
đ) Imported
goods required to stamp import goods but not doing so as prescribed or having
stamps but being counterfeit stamps, stamps which are used.
8. Fake
goods include:
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b) Faking
goods labels, packaging: goods faking names, addresses of other traders on the
labels or packaging of the same goods; goods faking indications on origin or
place of manufacturing, packaging, assembling on the labels or packaging of
goods;
c) Faking
on intellectual property as stipulated in Article 213 of the Intellectual
Property Law including goods branding, coincident signs or difficult to
distinguish with marks, geographical indication under protection for such goods
without permission of the owner of the brand or of geographical indication
management organization; goods being copies made without the permission of
the subject of copyright or related rights;
d) The
types of decals, labels, packaging of goods, quality stamps, stamp of
anti-counterfeit, warranty card, goods shrink film seal with contents faking
names and addresses of traders, the origin of goods, place of production,
packaging and assembly of goods (hereinafter referred to as stamps, labels,
packaging of fake goods);
đ) For
goods to be subject to specialized management if the law has separate
provisions shall apply those provisions to identify counterfeit goods.
Article
4. Principle of handling
The principle of
handling
of
administrative violations in trade activities is implemented
according to provision in Article 3 of the Ordinance on handling of
administrative violations,
Article 3 and Article 4 of Decree No.134/2003/ND-the Government dated November
14, 2003 of the Government detailing the implementation of a number of Articles
of the Ordinance on handling of administrative violations.
Article
5. Extenuating, aggravating circumstances
The extenuating or
aggravating circumstances applying to sanction against administrative
violations in trade activities specified in this Decree shall comply with the
provisions in Article 8 and Article 9 of the Ordinance on Handling of Administrative
Violations and Article 6 of Decree No.134/2003/ND-CP of November 14, 2003 of
the Government detailing the implementation of a number of Articles of the
Ordinance on Handling of Administrative Violations.
Article
6. The statute of limitations for sanctioning administrative violations
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2. For administrative
violations in the activities of export and import of goods or services related
to export and import of goods; acts of smuggling, trafficking or transport of
smuggled goods; acts of manufacturing, trading counterfeit goods, the statute
of limitations to sanction shall be two years since the date of administrative
violations are made.
3. Individuals who
are sued, prosecuted or have been decided on trial upon criminal proceedings
procedures, but later have been decided to suspend the investigation or to
suspend the cases however the violations have signs of administrative violations
as provided in this Decree shall be administratively sanctioned. The statute of
limitations to sanction shall be three months since the date that the competent
to sanction person receives the suspension decisions and dossiers of the violations.
4. During the period
specified in clause 1, clause 2 and clause 3 of this Article, if individuals or
organizations that commit new acts of administrative violations specified in
this Decree, or deliberately evade or obstruct the sanction, the statute of
limitations to sanction administrative violations shall be re-calculated since
the time of implementation of new administrative violations or the time to terminate
the acts of evading or obstructing the sanction.
5. The method of
calculating the statute of limitations to sanction administrative violations in
the trade activities is implemented according to provisions in Article 9 of the
Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing
the implementation of a number of Articles of the Ordinance on Handling of
Administrative Sanction.
6. Where exceeding the
time limit as specified in clause 1, clause 2, clause 3 and clause 4 of this
Article, violation individuals or organizations shall not be sanctioned
administrative violations, but still be applied measures to overcome
consequences specified in clause 3 Article 12 of the Ordinance on Handling of
Administrative Violations, if this Decree provides the application of measures
to overcome consequences for such administrative violations.
Article
7. The time limit is considered as having not yet been sanctioned
administrative violations
1. The time limit is
considered as not yet been sanctioned administrative violations in the trade
activities is conducted in accordance with clause 1 Article 11 of the Ordinance
on Handling of Administrative Violations and Article 7 of Decree
No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the
implementation of a number of Articles of the Ordinance on Handling of
Administrative Violations.
2. The method of
calculating the time limit considered as not yet been sanctioned administrative
violations in the trade activities is conducted in accordance with provisions
in Article 9 of Decree No.134/2003/ND-CP dated November 14, 2003 of the
Government detailing the implementation of a number of Articles of the
Ordinance on Handling of Administrative Violations.
Article
8. Application of forms of sanctioning administrative violations and measures
to overcome consequences
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2. Each
administrative violation is only applied a form of principle sanction being a
warning or a fine:
a) A warning is applied
to administrative violations for the first time, having extenuating
circumstances and if this Decree provides form of warning sanction for such
administrative violations;
b) A Fine is applied
when there are no facts provided in point a of this clause and according to the
fine bracket prescribed for each administrative violation as follows:
For administrative
violations without aggravating or extenuating circumstances, the specific fine level
is the average of the fine bracket prescribed for such acts. The average level
of the fine bracket is determined by dividing the total of the minimum and
maximum level;
For administrative
violations with extenuating circumstances, the fine level may be reduced but
not be in access of the minimum level of the fine bracket;
For administrative
violations with aggravating circumstances, the fine level may be increased but
not be in access of the maximum level of the fine bracket.
3. Apart from the principle
sanctions, depending on the nature and seriousness of specific violations of
administrative violation individuals or organizations may be subject to one or
more additional sanctions as follows:
a) Stripping of the
right to use licenses, practice certificates for a limited or timeless duration
is applied in the case individuals, organizations violate seriously the regulations
on the use of permits, practice certificates and if this Decree stipulates form
of additional sanctions against such administrative violations;
b) Confiscation of
material evidences and means used for administrative violations is applied if
this Decree stipulates form of additional sanctions against such administrative
violations. Material evidence and means of administrative violations include things,
money, goods, tools and means directly related to administrative violations. Not
to confiscate material evidences and means appropriated, illegally used by
administrative violation individuals and organizations, but return to its owner
or manager, legal user under the provisions clause 2 Article 17 of the Ordinance
on Handling of Administrative Violations and clause 2 Article 12 of Decree
No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the
implementation of a number of Articles of the Ordinance on Handling of Administrative
Violations.
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5. Form of principle
sanction is applied independently or together with additional sanctions and
remedies for the consequences. The forms of additional sanctions and measures
to overcome consequences are applied only together with the principle sanctions,
except for the cases stipulated in clause 6 Article 6 and clause 6 of this
Article.
6. Where exceeding
the time limit to issue decisions to sanction administrative violations as
specified in clause 1 Article 56 of the Ordinance on Handling of Administrative
Violations and Article 21 of Decree No.134/2003/ND-CP dated November 14, 2003 of
the Government detailing the implementation of a number of Articles of the
Ordinance on Handling of Administrative Violations, the competent to sanction
administrative violation persons are not entitled to issue decisions to
sanction administrative violations, however, must issue the
decision to confiscate administrative violation material evidences to be of
being banned from circulation and application of measures to overcome
consequences if this Decree stipulates additional sanctions of confiscation and
measures to overcome the consequences for such administrative violations.
Article
9. Responsibilities of the competent persons in administrative violation
sanctions
1. Upon detection of
administrative violations, the competent to sanction administrative violation persons
in trade activities must immediately terminate the violations and timely issue decisions
to sanction within the time limit prescribed by law. Where the violation does
not fall under the jurisdiction or beyond his/her authority to sanction, it must
be made minutes in accordance with provision and the case’s file must promptly
be forwarded to the competent to sanction persons.
2. The competent to
sanction administrative violation persons in trade activities must sanction in
accordance with his/her authority. Where the competent to sanction
administrative violation persons are absent, such persons shall authorize to
their deputies to directly implement the sanctions as specified in Article 41
of the Ordinance on Handling of Administrative Violations and Article 14 of
Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing
the implementation of a number of Articles of the Ordinance on Handling of Administrative
Violations.
3. Strictly prohibiting
acts of covering or obstructing the sanction; strictly prohibiting the
retention of the cases having criminal signs to sanction administrative
violation or splitting the violation cases to keep for sanctions in accordance
with his/her level’s respective competence.
4. The cases which
were issued the decisions to sanction improper competence, violation subjects,
violations; application of improper forms, penalty level and remedies for the
consequences; sanctions of improper statute of limitation and time limit to sanction,
depending on specific circumstances, the competent persons shall modify or
cancel the unlawful decision.
5. The handling of
responsibility for the competent to sanction administrative violation persons
in trade activities in accordance with provisions in
Article 66 of this Decree.
Chapter
2:
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Item
I. VIOLATION OF PROVISIONS ON CERTIFICATE OF BUSINESS REGISTRATION OF TRADERS
Article
10. Violation of provisions on certificate of business registration of traders
being economic organizations
1. A fine of between
VND 1,000,000 and 3,000,000 shall be imposed for the business acts of improper
business lines, goods, business location as recorded in the Certificate of
business registration.
2. A fine of between VND
3,000,000 and 5,000,000 shall be imposed for
the business act under enterprise form without the Certificate of business
registration as prescribed.
3. A fine of between
VND 5,000,000 and 10,000,000 shall be imposed for the act of continuity to carry
out business activities when the competent state management agency withdrew the
Certificate of business registration.
4. A fine of double the
amount of fines specified from clause 1 to clause 3 of this Article in case of
trading goods and services to be of the list of goods and services to be
restricted business, business with conditions or goods applied urgent measures
to be forced to recall, temporarily suspend circulation, circulation with
conditions or to be required permits by the state management agencies.
5. The
provisions from clause 1 to clause 4 of this Article are also applied to
sanction for the violations on investment License, investment Certificate and
operation registration Certificate of branches, representative offices of
traders being economic organizations in the provinces, cities.
Article
11. Violation of provisions on Certificate of business registration of traders
being business households
1. A
warning or a fine of between
VND 100,000 and 300,000 shall be imposed for
the business acts of improper business lines, goods, business location as
recorded in the Certificate of business registration.
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3. A fine of between VND
500,000 and 1,000,000 shall be imposed for the act of continuity to
carry out business activities when the competent state management agency
withdrew the Certificate of business registration.
4. A fine of twofold fine
level specified from clause 1 to clause 3 of this Article in case of trading
goods and services to be of the list of goods and services to be restricted
business, business with conditions or goods applied urgent measures to be
forced to recall, temporarily suspend circulation, circulation with conditions
or to be required permits by the state management agencies.
Article
12. Handling administrative violations on business registration, investment
registration, head office and signboard of traders
For administrative
violations on procedures of business registration, investment registration;
head office, business location, signboard of traders and other violations on the
Certificate of business registration of individuals, economic organizations
shall apply the provisions on sanction of administrative violations in the field
of relative state management.
Item
II. VIOLATIONS OF REGULATIONS ON ESTABLISHMENT AND OPERATION OF REPRESENTATIVE
OFFICES AND BRANCHES OF FOREIGN TRADERS IN VIETNAM; ON ACTIVITIES OF GOODS
PURCHASE AND SALE AND ACTIVITIES DIRECTLY RELATED TO THE GOODS PURCHASE AND
SALE OF ENTERPRISES WITH FOREIGN OWNED CAPITAL IN VIETNAM; ON RIGHTS OF EXPORT,
IMPORT OF FOREIGN TRADERS WITHOUT PRESENCE IN VIETNAM
Article
13. Violations of regulations on establishment and operation of representative
offices of foreign traders in Vietnam (hereinafter called as representative
offices)
1. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for
one of the following acts:
a) Failing
to operate within the prescribed period after being granted the License of
establishment of representative offices;
b)
Failing
to perform or improperly perform the provisions on the publication in
newspapers to notify the activities of representative offices or its
publication content in newspapers is incorrect, incomplete according
provisions;
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d) Declaring
dishonestly contents in the dossier requesting for the issuance, re-issuance,
amendment, supplement or extension of license of establishment of
representative offices;
đ) Failing to perform or
improperly perform the provisions on the publication in newspapers, public list
when terminating operations of representative
offices.
2. A fine of between VND
10,000,000 and 15,000,000 shall be imposed for
one of the following acts:
a) Having
no location to base representative offices or re-leasing office of
representative office or operating incorrect address stated in the License;
b) Failing
to report periodically or dishonestly reporting on the activities of
representative offices to the competent state management agencies where the
License was granted according to provisions;
c) Failing
to report, supply documents or explain matters related to the activities of
representative offices at the request of the competent State management agency
in accordance with provisions;
d) )
Failing to conduct the procedures for amendment, supplement or re-grant of the
License of establishment of representative offices in accordance with
provisions;
đ) Terminating
its operations exceeding the prescribed time limit without notifying to the
competent State management agencies in accordance with provisions;
e) Arbitrarily
adding, erasing or modifying the contents of the License of establishment of
representative office granted.
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a) Forging papers and
documents in the dossier requesting for the issuance, re-issuance, amendment,
supplement or extension of License of establishment of representative offices;
b) Operating
improper contents stated in the License of establishment of representative
offices;
c) Performing
additional representative functions to other foreign traders;
d) Head
of representative office concurrently is head of the branch of the same foreign
trader in Vietnam;
đ) Head
of representative office concurrently is legal representative of foreign trader
to sign contracts without the legal written authorization of foreign traders;
e) Head
of representative office concurrently is legal representative of the enterprise
that was established under the law of Vietnam;
g) The
head of the representative office engages, amends and supplements the signed
contracts of foreign traders without the lawful written authorization of the
foreign traders for each engagement, amendment and supplement except for
otherwise permitted by law;
h) Hiring,
borrowing or leasing, lending License of establishment of representative
offices.
4. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for
one of the following acts:
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b) Continuing
to operate after the competent state management agencies withdrew the License
of establishment of representative office or License expired without being
renewed.
5. Apart
from the application of above mentioned sanctions, the competent to sanction
persons must petition to the competent state management agencies competent to
revoke the License of establishment of representative offices in cases of
violating the provisions in point a, point d clause 1; point b, point c, point
đ clause 2 and point b, point h clause 3 of this Article.
Article
14. Violations of regulations on establishment and trade operation of branches
of foreign traders in Vietnam (hereinafter called
as Branches for short)
1. A fine of between VND
10,000,000 and 15,000,000 shall be imposed for
one of the following acts:
a) Failing to operate within the prescribed time limit after being
granted the License of establishment of branches;
b) Failing to perform or
improperly perform the provisions on the publication in newspapers to notify
the activities of branches or its publication content in newspapers is
incorrect, incomplete according provisions;
c) Failing
to notify to the competent state management agencies within the prescribed time
limit on the start to operate at registered office;
d) Declaring
dishonestly contents in the dossier requesting for the issuance, re-issuance,
amendment, supplement or extension of License of branch establishment;
đ) Failing to perform or
improperly perform the provisions on the publication in newspapers, public list
when terminating operations of branches.
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a) Having
no branch’s office or re-leasing branch’s office or operating incorrect address
stated in the License;
b) Failing
to report periodically or dishonestly reporting on the activities of branches
to the competent state management agencies where the License was granted
according to provisions;
c) Failing
to report, supply documents or explain matters related to the activities of
branches at the request of the competent State management agency;
d) Failing
to conduct the procedures for amendment, supplement or re-grant of the License
of establishment of branches in accordance with provisions;
đ) Terminating
its operations exceeding the prescribed time limit without notifying to the
competent State management agencies;
e) Arbitrarily
adding, erasing or modifying the contents of the License of establishment of
branch granted.
3. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for
one of the following acts:
a) Forging papers and
documents in the dossier requesting for the issuance, re-issuance, amendment,
supplement or extension of License of establishment of branch;
b) Operating
improper contents stated in the License of establishment of branch;
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d) Head
of branch concurrently is legal representative of the representative office of
the same foreign trader in Vietnam;
đ) Head
of branch concurrently is legal representative of the representative office,
branch of other foreign traders in Vietnam;
e) Hiring
or leasing License of establishment of branch.
4. A fine of between VND
30,000,000 and 40,000,000 shall be imposed for
one of the following acts:
a) Continuing
to operate after the foreign traders have ceased its operations;
b) Continuing
to operate after the competent state management agencies withdrew the License
of establishment of branch or License expired without being renewed.
5. Apart
from the application of above mentioned sanctions, the competent to sanction
persons must petition to the competent state management agencies to revoke the
License of establishment of branch in cases of violating the provisions in
point a, point d clause 1; point b, point c, point đ clause 2 and point b,
point e clause 3 of this Article.
Article
15. Violations of regulations on activities of goods purchase and sale and
activities directly related to the goods purchase and sale of enterprises with
foreign owned capital in Vietnam
1. A fine of between
VND 10,000,000 and 20,000,000 shall be imposed
for one of the following acts:
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b) Failing to declare
the loss of business License or License to set up
retail establishment to the competent state management agencies
according to provisions;
c) Failing to report, supply documents or explain matters
related to the activities of enterprise to the competent State management
agencies in accordance with provisions.
2. A fine of between
VND 20,000,000 and 30,000,000 shall be imposed
for one of the following acts:
a) Failing to conduct
procedures for amending and supplementing the business License or License to set up retail establishment in accordance
with provisions when changing one of the contents stated in the business Licenses
or License to set up retail establishment;
b) Failing to conduct
procedures for re-granting business License or License
to set up retail establishment where the business License or License to set up retail establishment is lost,
torn, crushed, burned or destroyed under other forms in accordance with
provisions.
3. A fine of between
VND 30,000,000 and 40,000,000 shall be imposed
for one of the following acts:
a) Organizing the network
of purchasing goods in Vietnam for export contrary to the provisions of the Vietnam law and international agreements of which the Socialist Republic of Vietnam is a
member;
b) Organizing or
participating in the system of distributing goods in Vietnam contrary to the
provisions of the Vietnam law and international agreements of which the
Socialist Republic of Vietnam is a member;
c) Trading goods or
services inconsistent with commitments to open markets of Vietnam or not in accordance with the Vietnam law;
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đ) Setting up
illegally the retail establishments in Vietnam.
4. A fine of between
VND 40,000,000 and 50,000,000 shall be imposed
for the acts of continuing to operate after the
competent state management agencies withdrew business Licenses, License to set up retail establishment or business License,
License to set up retail establishment expired
without being renewed.
5. Apart from the application of above mentioned sanctions,
the competent to sanction persons must petition to the competent state
management agencies to revoke business Licenses,
License to set up retail establishment for the violations
provided in this Article.
Article
16. Violations of regulations on the implementation of rights of export, import
of foreign traders without presence in Vietnam
1. A fine of between
VND 10,000,000 and 20,000,000 shall be imposed
for one of the following acts:
a) Declaring dishonestly contents in the dossier requesting for
the issuance, re-issuance, amendment, supplement or extension of Certificate of
registration of rights to export, import;
b) Failing to
register contact address to the competent state
management agencies as prescribed;
c) Failing to conduct the procedures for amendment, supplement
or re-grant, extension of the Certificate of registration of rights to export,
import in accordance with provisions;
d) Failing to perform
or improperly perform the provisions on the publicity on the mass media of Vietnam after being granted, modified, supplemented and extended the
Certificate of registration of rights to export, import.
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a) Failing to make
annual report, irregular report at the request of the State management agency
on the export and import situations of traders in accordance with provisions or
reporting insufficiently, inexactly, not being on time;
b) Failing to send
written notice of termination of operations to agency issuing the Certificate of registration of rights to export, import
or sending written notice not compliance with the time before the date
estimated to terminate its operations in accordance provision;
c) Failing to perform
or improperly perform the provisions on the publicity on the mass media of Vietnam when estimating to terminate its operations.
3. A fine of between
VND 30,000,000 and 40,000,000 shall be imposed
for one of the following acts:
a) Forging papers and
documents in the dossier requesting for the issuance, re-issuance, amendment,
supplement or extension of the Certificate of
registration of rights to export, import;
b) Purchasing goods
for export or selling importing goods with Vietnamese traders without business
registration for such types of goods;
c) Exporting and
importing types of goods not in accordance with the types of goods being
entitled to export, import stated in the Certificate
of registration of rights to export, import which was granted, modified,
supplemented, extended.
4. A fine of between
VND 40,000,000 and 50,000,000 shall be imposed
for the acts of exporting, importing goods after the
competent state management agencies withdrew the Certificate of registration of
rights to export, import or Certificate of registration of rights to export,
import expired without being renewed.
5. Measures to
overcome consequences:
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6. Apart from the application of above mentioned sanctions,
the competent to sanction persons must petition to the competent state
management agencies to revoke the Certificate
of registration of rights to export, import for violations specified in point
a clause 1, point a clause 2 and clause 3 of this Article.
Item
III. VIOLATIONS OF REGULATIONS ON CIRCULATION, TRADING GOODS, SERVICES IN THE
MARKET
Article
17. Violations of regulations on services to be banned from business
1. A fine of between
VND 10,000,000 and 20,000,000 shall be imposed
for the acts of doing brokerage or harboring
the activity of services business to be of the list
of being prohibited from business.
2. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for
the acts of services business to be of the list of
being prohibited from business.
3. Additional
sanctions:
Confiscating material
evidence, means used to commit administrative violations for the violations
provided in this Article.
4. Apart
from the application of above mentioned sanctions, the competent to sanction
persons must petition to the competent state management agencies to revoke the
Certificate of business registration for the violations provided in this Article
in case of violating many times or recidivism.
Article
18. Violations of regulations on goods being prohibited from business
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2. A fine
of between
VND 1,000,000 and 2,000,000 shall be imposed
for the acts of violations provided in clause 1 of
this Article with a value of more than VND 5,000,000 to 10,000,000.
3. A fine
of between
VND 2,000,000 and 3,000,000 shall be imposed
for the acts of violations provided in clause 1 of
this Article with a value of more than VND 10,000,000 to 20,000,000.
4. A fine
of between
VND 3,000,000 and 5,000,000 shall be imposed
for the acts of violations provided in clause 1 of
this Article with a value of more than VND 20,000,000 to 30,000,000.
5. A fine
of between
VND 5,000,000 and 10,000,000 shall be imposed
for the acts of violations provided in clause 1 of
this Article with a value of more than VND 30,000,000 to 50,000,000.
6. A fine
of between
VND 10,000,000 and 15,000,000 shall be imposed
for the acts of violations provided in clause 1 of
this Article with a value of more than VND 50,000,000 to 70,000,000.
7. A fine
of between
VND 15,000,000 and 20,000,000 shall be imposed
for the acts of violations provided in clause 1 of
this Article with a value of more than VND 70,000,000 to less than 100,000,000.
8. A fine
of twofold fine level provided from clause 1 to clause 7 of this Article for
one of the following cases:
a) Violations
committed by individuals or organizations that produce, process, manufacture,
recycle, classify, assembly, extract, load, pack, import goods banned from
business;
b) Goods
banned from business are toxic chemicals, types of drugs of disease prevention and
treatment for human being, vaccines, medical bio-products, veterinary drugs,
plant protection agents, food additives, enhancing substance for processing food,
irradiation food, genetically modified foods and types of medical equipment not
permitted yet for use in Vietnam.
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a) Owners
of means of transport or persons who control means of transport having the acts
of intentionally transporting goods to be of the list of goods banned from
business;
b) Owners
of warehouses, ports, yards, houses having the acts of intentionally harboring,
concealing goods to be of the list of goods banned from business;
c) Individuals,
organizations doing business of receipt-delivery service
having the acts of intentionally delivering, receiving goods to be of the list
of goods banned from business.
10. Additional
sanctions and measures to overcome consequences:
a) Forced to destroy
goods, products causing harm to human health, livestock, plants, environment
and harmful toys for ethical education and health of children and harmful
cultural products for the violations provided in this Article. In case of
unable to apply the measures of forcing to destroy or violation individuals and
organizations do not implement the destruction, such goods, products shall be
confiscated for destruction in accordance with provisions;
b) Confiscating
goods banned from business for the violations provided in this Article, except for the case applied provisions in point a clause
10 of this Article;
c) Confiscating
material evidence, means used for producing, processing, manufacturing,
recycling, classifying, assembling, extracting, loading, packing, of this Article;
d) Confiscating
means of transporting goods banned from business for the violations in point a and point c clause 9 of this Article if belonging
one of the cases: violating goods are valued at more than VND 50,000,000;
repeated violations or recidivism; using license plate not to be of such means
of transport or license plate of means of transport not to be issued by the competent
State management agency; having the acts of evading or obstructing persons
being on official duty, unless the cases stipulated in clause 2 Article 17 of
the Ordinance on Handling of Administrative Violations and clause 2 Article 12
of Decree No.134/2003/ND-CP-14 dated November14, 2003 of the Government
detailing the implementation of a number of Articles of the Ordinance on
Handling of Administrative Violations;
11. Apart from the application of above mentioned sanctions and
the measures to overcome consequences, the competent to sanction persons must
petition to the competent state management agencies to revoke the
Certificate of business registration for the violations provided in this Article in case violating goods are valued at more
than VND 50,000,000 or repeated violations or recidivism.
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1. A
warning or a fine of between VND 100,000 and 500,000 for one of the acts of
trading type of goods has been applied the urgent measures of circulation with
conditions or with permit by the competent state management agencies but did not
guarantee conditions or without permit in accordance with provisions with values
up to VND 5,000,000.
2. A fine
of between
VND 500,000 and 1,000,000 shall be imposed for
one of the acts of violations provided in clause 1 of this Article with a value of more
than VND 5,000,000 to 10,000,000.
3. A fine
of between
VND 1,000,000 and 2,000,000 shall be imposed
for one of the acts of violations provided in clause 1 of this Article with a value of more
than VND 10,000,000 to 20,000,000.
4. A fine
of between
VND 2,000,000 to 3,000,000 shall be imposed
for one of the acts of violations provided in clause 1 of this Article with a value of more
than VND 20,000,000 to 30,000,000.
5. A fine
of between
VND 3,000,000 to 5,000,000 shall be imposed
for one of the acts of violations provided in clause 1 of this Article with a value of more
than VND 30,000,000 to 50,000,000.
6. A fine
of between
VND 5,000,000 to 10,000,000 shall be imposed
for one of the acts of violations provided in clause 1 of this Article with a value of more
than VND 50,000,000 to 70,000,000.
7. A fine
of between
VND 10,000,000 to 15,000,000 shall be imposed
for one of the acts of violations provided in clause 1 of this Article with a value of more
than VND 70,000,000 to 100,000,000.
8. A fine
of between
VND 15,000,000 to 20,000,000 shall be imposed
for one of the acts of violations provided in clause 1 of this Article with a value of more
than VND 100,000,000.
9. A fine
of twofold fine level provided from clause 1 to clause 8 of this Article for
one of the following cases:
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b) Violations
committed by individuals or organizations that produce, process, manufacture, recycle,
classify, assembly, extract, load, pack, import goods has been applied the
urgent measures of being required to revoke or suspend the circulation,
circulation with conditions or with permit by the competent state management
agencies.
10. For
acts of trading type of goods has been applied the urgent measures of banning
from circulation by the competent state management agencies shall be sanctioned
as prescribed in Article 18 of this Decree.
11. Additional
sanctions and measures to overcome consequences:
a) Forced to destroy
goods causing harm to human health, livestock, plants, environment and harmful
toys for ethical education and health of children and harmful cultural products
for the violations provided in this Article. In case of unable to apply the
measures of forcing to destroy or violation individuals and organizations do
not implement the destruction, such goods, products shall be confiscated for
destruction in accordance with provisions;
b) Confiscating
goods for
the violations provided in point a clause 9 of this
Article, except for the case of being applied
provisions in point a clause 11 of this Article.
Article
20. Violation of regulations on trading goods, services restricted business
1. A
warning and a
fine of between VND 100,000 and 500,000 shall
be imposed for one of the following acts:
a) Renting
out, lending business License of goods, services restricted business;
b) Arbitrarily
adding, erasing and modifying the contents of the business license of goods and
services restricted business.
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3. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of
the following acts:
a) Goods,
services restricted business do not ensure conditions of circulations as
provided;
b) Business
establishments do not guarantee one of the technical requirements, equipment,
business processes and other standards according to provisions or during the
course of business operation failing to perform or insufficiently, improperly
perform the conditions of trading goods and services restricted business in
accordance with provisions;
c) Trading
improper scope, subject, size, duration, location, the goods recorded in the
business License of goods or services restricted business granted;
d) Failing
to implement truthfully other relative provisions when trading goods, services
restricted business.
4. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of
the following acts:
a) Hiring
or lending business License of goods, services restricted business of other
traders for business;
b) Continuing
the business operations when being stripped the right to use or revoked
business License of goods, services restricted business by the competent state
management agencies;
c) Trading
goods, services restricted business without business License of goods, services
restricted business granted by the competent state management agencies or the
business License expired.
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6. Additional
sanctions and measures to overcome consequences:
a)
Forced to destroy goods not guaranteeing safety in prevention and combat fire
and explosion, sanitation, environment, affecting human health, livestock and
plants for violations specified in point a clause 3 of this Article. In case of
unable to apply the measures of forcible destruction or violation individuals
and organizations do not implement the destruction, such goods shall be
confiscated for destruction in accordance with provisions;
b) Stripping
of the right to use business License of goods, services restricted business up
to 01 year for violations specified in clause 1, clause 3 and point a clause 4 of
this Article in case of repeated violations or recidivism.
Article
21. Violation of regulations on goods, services trading with conditions
1. A
warning or a fine
of between VND 100,000 and 500,000 shall be
imposed for one of the following acts:
a) Renting
out or lending business condition sufficient Certificate of goods, services
with conditions;
b) Arbitrarily
adding, erasing or modifying the contents of the business condition sufficient
Certificate of goods, services with conditions.
2. A fine of between VND 500,000 and 1,000,000 shall be imposed for one of
the following acts:
a) Individuals,
organizations trading conditioned business goods, services are not traders in
accordance with provisions;
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3. A fine of between VND
1,000,000 and 3,000,000 shall be imposed for
one of the following acts:
a) Goods and services do
not guarantee the conditions of circulation in accordance with provision;
b) Business
establishments do not guarantee one of the technical requirements, equipment,
business processes and other standards as prescribed or during the course of
business operation failing to perform or insufficiently, improperly perform
business conditions of goods, services trading with conditions as provided;
c) Trading
improper contents recorded in the business condition sufficient Certificate
granted;
d) Failing
to perform properly other relative provisions when trading conditioned business
goods, service.
4. A fine of between VND
3,000,000 and 5,000,000 shall be imposed for
one of the following acts:
a) Hiring
or borrowing the business condition sufficient Certificate of other traders or
practice Certificate of another person for trading conditioned business goods,
services;
b) Trading
goods, services to be of the list of conditioned business without the business
condition sufficient Certificate granted by the competent state management
agency or practice Certificate as provided;
c) Continuing
the business operation when being stripped the right to use or revoked the
business condition sufficient Certificate; practice Certificate by the
competent state management agency or the business condition sufficient
Certificate expired.
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6. Additional
sanctions and measures to overcome consequences:
a) Forced
to destroy goods not guaranteeing safety in prevention and combat fire and
explosion, sanitation, environment, affecting human health, livestock and
plants for violations specified in point a clause 3 of this Article. In case of
unable to apply the measures of forcible destruction or violation individuals
and organizations do not implement the destruction, such goods shall be
confiscated for destruction in accordance with provisions;
b) Stripping
of the right to use the business condition sufficient Certificate; practice
Certificate up to 01 year for violations specified in clause 1, clause 3 and
point a clause 4 of this Article in case of repeated violations or recidivism.
7. In
case the administrative violations on conditions of trading goods, service
which were prescribed in Decree of the Government on handling of administrative
violations in specialized fields shall be sanctioned according to provisions of
such Decrees.
Article
22. Handling violations of trading smuggled goods
1. A
warning or a fine
of between VND 300,000 and 500,000 shall be
imposed for the acts of trading smuggled goods with a
value of up to VND 5,000,000.
2. A fine of between VND 500,000 and 1,000,000 shall be imposed for the acts
of violations provided in clause 1 of this Article with
a value of more than VND 5,000,000 to 10,000,000.
3. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for the
acts of violations provided in clause 1 of this
Article with a value of more than VND 10,000,000 to 20,000,000.
4. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for the
acts of violations provided in clause 1 of this
Article with a value of more than VND 20,000,000 to 30,000,000.
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6. A fine of between VND 5,000,000 and 7,000,000 shall be imposed for the acts
of violations provided in clause 1 of this Article
with a value of more than VND 50,000,000 to 70,000,000.
7. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for the
acts of violations provided in clause 1 of this
Article with a value of more than VND 70,000,000 to less than 100,000,000.
8. A fine
of twofold fine level provided from clause 1 to clause 7 of this Article for
one of the following cases:
a) Smuggled
goods to be of the list of goods banned from import or suspended from import;
b) The
violations are of individuals, organizations directly importing such goods.
9. The
fine level specified from clause 1 to clause 8 of this Article shall also be
applied sanction for:
a) Owner
of means of transport or drivers has acts of intentionally transporting
smuggled goods;
b) Owner
of warehouses, ports, yards, houses have acts of intentionally harboring or
concealing smuggled goods;
c) Individuals,
organizations trading receipt-delivery service have acts of intentionally
delivering, receiving smuggled goods.
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11. Additional
sanctions and measures to overcome consequences:
a) Forced to destroy
goods, products causing harm to human health, livestock, plants, environment
and harmful toys for ethical education and health of children and harmful
cultural products for the violations provided in this Article. In case of
unable to apply the measures of forcible destruction or violation individuals
and organizations do not implement the destruction, such goods, products shall
be confiscated for destruction in accordance with provisions;
b) Confiscating
smuggled goods for the violations provided in this Article, except for the case
of being applied measures provided in point a clause 11 of this Article;
c) Confiscating
means of transporting smuggled goods for the violations in point a and point c clause 9 of this Article if belonging one of the
cases: smuggled goods are valued at more than VND 70,000,000; repeated
violations or recidivism; using license plate not to be of such means of
transport or license plate of means of transport not to be issued by the
competent State management agency; having the acts of evading or obstructing
persons being on official duty, unless the cases stipulated in clause 2 Article
17 of the Ordinance on Handling of Administrative Violations and clause 2
Article 12 of Decree No.134/2003/ND-CP-14 dated November 14, 2003 of the
Government detailing the implementation of a number of Articles of the
Ordinance on Handling of Administrative Violations.
Article
23. Violation of regulations on labels
1. For
one of the acts of trading goods with labels (including auxiliary labels) which
are blinded, tattered, faded leading to unable to read the contents required to
write on labels of goods or trading goods with labels displayed not in
compliance with provisions on the way to write, the language used on the labels
to be fined as follows:
a) A
warning or a fine of between VND 50,000 and 100,000 shall be imposed if
goods with violation labels with value of up to VND 5,000,000;
b) A fine
of between VND 100,000 and 200,000 shall be imposed if goods with violation
labels with value of more than VND 5,000,000 to 10,000,000;
c) A fine
of between VND 200,000 and 500,000 shall be imposed if goods with violation
labels with value of more than VND 10,000,000 to
20,000,000;
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đ) A fine
of between VND 1,000,000 and 3,000,000 shall be imposed if goods with violation
labels with value of more than VND 30,000,000 to
50,000,000;
e) A fine
of between VND 3,000,000 and 5,000,000 shall be imposed if goods with violation labels
with value of more than VND 50,000,000 to 70,000,000;
g) A fine of between VND 5,000,000 and 10,000,000 shall
be imposed if goods with violation labels with value of more than VND 70,000,000 to 100,000,000.
2. For
one of the acts of trading goods with labels (including auxiliary labels) or
attached documents recording insufficiently forcible contents according to
regulations or trading imported goods with original labels in foreign languages
without auxiliary labels in Vietnamese accordance with provisions shall be
sanctioned as follows:
a) A
warning or a fine of between VND 100,000 and 200,000 shall be imposed if
goods with violation labels with value of up to VND 5,000,000;
b) A fine
of between VND 200,000 and 500,000 shall be imposed if goods with violation
labels with value of more than VND 5,000,000 to
10,000,000;
c) A fine
of between VND 500,000 and 1,000,000 shall be imposed if goods with violation labels
with value of more than VND 10,000,000 to 20,000,000;
d) A fine
of between VND 1,000,000 and 2,000,000 shall be imposed if goods with violation
labels with value of more than VND 20,000,000 to
30,000,000;
đ) A fine
of between VND 2,000,000 and 5,000,000 shall be imposed if goods with violation
labels with value of more than VND 30,000,000 to
50,000,000;
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g) A fine
of between VND 10,000,000 and 15,000,000 shall be imposed if goods with violation
labels with value of more than VND 70,000,000 to 100,000,000.
3. For
one of the acts of trading goods which on its labels having contents not required
to be pictures, drawings, writings, signs of quality, quality standards,
quality icon, barcode, medals, awards of all types and other optional
information not in compliance with the true; trading goods which on its labels having
the forcible to write contents not in compliance with the actuality of the
goods or not complying with quality announced contents; trading goods with
labels (including the original labels or auxiliary labels of imported goods) which
are erased, modified leading to false information on goods shall be fined as
follows:
a) A
warning or a fine of between VND 200,000 and 500,000 shall be imposed if
goods with violation labels with value of up to VND 5,000,000;
b) A fine
of between VND 500,000 and 1,000,000 shall be imposed if goods with violation
labels with value of more than VND 5,000,000 to
10,000,000;
c) A fine
of between VND 1,000,000 and 2,000,000 shall be imposed if goods with violation
labels with value of more than VND 10,000,000 to
20,000,000;
d) A fine
of between VND 2,000,000 and 5,000,000 shall be imposed if goods with violation
labels with value of more than VND 20,000,000 to
30,000,000;
đ) A fine
of between VND 5,000,000 and 10,000,000 shall be imposed if goods with violation
labels with value of more than VND 30,000,000 to 50,000,000;
e) A fine
of between VND 10,000,000 and 15,000,000 shall be imposed if goods with violation
labels with value of more than VND 50,000,000 to
70,000,000;
g) A fine
of between VND 15,000,000 and 20,000,000 shall be imposed if goods with violation
labels with value of more than VND 70,000,000 to
100,000,000.
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a) A warning or a fine of between VND 500,000 and 1,000,000 shall
be imposed if goods with violation labels with value of up to VND 5,000,000;
b) A fine
of between VND 1,000,000 and 2,000,000 shall be imposed if goods with violation
labels with value of more than VND 5,000,000 to
10,000,000;
c) A fine
of between VND 2,000,000 and 5,000,000 shall be imposed if goods with violation
labels with value of more than VND 10,000,000 to
20,000,000;
d) A fine
of between VND 5,000,000 and 10,000,000 shall be imposed if goods with violation
labels with value of more than VND 20,000,000 to 30,000,000;
đ) A fine
of between VND 10,000,000 and 15,000,000 shall be imposed if goods with violation
labels with value of more than VND 30,000,000 to
50,000,000;
e) A fine
of between VND 15,000,000 and 20,000,000 shall be imposed if goods with violation
labels with value of more than VND 50,000,000 to 70,000,000;
g) A fine
of between VND 20,000,000 and 30,000,000 shall be imposed if goods with violation
labels with value of more than VND 70,000,000 to
100,000,000.
5. A fine
of twofold fine level provided from clause 1 to clause 4 of this Article for
one of the following cases:
a) Violations
of the labels is of stuff food, drugs of prevention and treatment for human,
veterinary drugs, fertilizers, animal feed, plant protection drugs, plant
varieties;
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6. For
the acts of trading expired goods shall be fined as prescribed in Article 26 of
this Decree.
7. For the
acts of trading goods being counterfeited labels, packaging as stipulated in
point b clause 8, Article 3 of this Decree shall be sanctioned in accordance
with Article 24 of this Decree.
8. For
acts of trading goods being counterfeited labels, protected geographical
indications and goods to be copies which are made without the permission of
the subject of copyright or related rights specified in point c clause 8
Article 3 of this Decree shall apply the provisions on sanctions of
administrative violations in the fields of relative state management.
9. Additional
sanctions and measures to overcome consequences:
a) Forced
to suspend the circulation of goods with violation labels for the violations
provided from clause 1 to clause 5 of this Article;
b) Forced
traders that produce, process, assembly, import goods to recall goods with
violation labels, overcome violations on labels before continuing to circulate
goods for the violations provided from clause 1 to clause 5 of this Article;
d) Forced
to destroy goods not guaranteeing safety in use for human being, livestock and
plants, affecting ecology, environment for the violations specified from clause
1 to clause 5 of this Article. In case of unable to apply the measures of
forcible destruction or violation individuals and organizations do not
implement the destruction, such goods shall be confiscated for destruction in
accordance with provisions.
Article
24. Sanctioning acts of trading fake goods
1. A
warning or a fine of between VND 300,000 and 500,000 shall be imposed for
the acts of trading fake goods with value of up to VND 1,000,000.
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3. A fine
of between VND 1,000,000 and 2,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with
value of more than VND 3,000,000 to 5,000,000.
4. A fine
of between VND 2,000,000 and 5,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with
value of more than VND 5,000,000 to 10,000,000.
5. A fine
of between VND 5,000,000 and 10,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with
value of more than VND 10,000,000 to 20,000,000.
6. A fine
of between VND 10,000,000 and 20,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with
value of more than VND 20,000,000 to less than
30,000,000.
7. A fine of twofold fine level provided from clause 1 to
clause 6 of this Article for one of the following cases:
a) The
violations are of individuals or organizations that produce, process,
manufacture, recycle and classify, assembly, extract, load, pack, import fake
goods;
b) Counterfeit
goods are foodstuff, drugs of prevention and treatment for human being,
cosmetics, veterinary drugs, fertilizers, cement, steel, animal feed, plant
protection drugs, plant varieties and animal breeds.
8. For
acts of trading goods being counterfeited labels, protected geographical
indications and goods to be copies which are made without the permission of the
subject of copyright or related rights specified in point c clause 8 Article 3
of this Decree shall apply the provisions on sanctions of administrative
violations in the fields of relative state management.
9. Additional
sanctions and measures to overcome consequences:
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b) Forced to reject
fake factors on labels or packages for the violations
specified in this Article if not belonging to the cases of applying measures
provided in point a clause 9 of this Article. In case of unable to
reject fake factors on labels or packages or violation
individuals and organizations do not implement the rejection, such goods shall
be confiscated for settlement in accordance with provisions;
c) Confiscating
material evidence, means used for doing fake goods for the cases of violations
provided in point a clause 7 of this Article.
Article
25. Sanction imposed for the acts of trading stamps, labels, packages of fake
goods
1. For the acts of
trading stamps, labels, packages of fake goods provided in point d clause
8 Article 3 of this Decree shall be sanctioned as follows:
a) A
warning or a fine of between VND 50,000 and 100,000 shall be imposed if stamps,
packages of fake goods with number of up to 100
pieces, sheets or the equivalent units (hereinafter referred to as units);
b) A fine
of between VND 100,000 and 500,000 shall be imposed if stamps, labels, packages
of fake goods with number of more than 100 units to
500 units;
c) A fine
of between VND 500,000 and 1,000,000 shall be imposed if stamps, labels, packages
of fake goods with number of more than 500 units to
1,000 units;
d) A fine
of between VND 1,000,000 and 2,000,000 shall be imposed if stamps, labels, packages
of fake goods with number of more than 1,000 units to
2,000 units;
đ) A fine
of between VND 2,000,000 and 5,000,000 shall be imposed if stamps, labels, packages
of fake goods with number of more than 2,000 units to
3,000 units;
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g) A fine
of between VND 10,000,000 and 20,000,000 shall be imposed if stamps, labels, packages
of fake goods with number of more than 5,000 units to
10,000 units;
h) A fine
of between VND 20,000,000 and 30,000,000 shall be imposed if stamps, labels, packages
of fake goods with number of more than 10,000 units.
2. A fine
of twofold fine level provided in clause 1 of this Article for one of the
following cases:
a) Stamps, labels,
packages of fake goods are of foodstuff, drugs of prevention and treatment for human
being, cosmetics, veterinary drugs, fertilizers, cement, steel, animal feed,
plant protection drugs, plant varieties and animal breeds;
b) The
violations are of individuals, organizations making or importing stamps, labels, packages of
fake goods.
3. Additional
sanctions and measures to overcome consequences:
a) Forced
to destroy all types of stamps,
labels, packages of fake goods for violations provided in this Article. In case of unable to
apply measures of forcible destruction or violation
individuals and organizations do not implement the destruction, such goods
shall be confiscated for destruction in accordance with provisions;
b) Confiscating material
evidence, means used for doing stamps, labels,
packages of fake goods for the cases of
violations provided in point b clause 2 of this Article.
Article
26. Sanctioning the acts of trading expired goods
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a) Trading
goods expired on the labels or packaging of goods;
b) Exchanging,
changing labels, packaging of goods or erasing, modifying time limits for use
on labels, packaging of expired goods or going to expire in order to prolong
its use term.
2. A fine
of between VND 500,000 to 1,000,000 shall be imposed for one of the acts provided in clause 1 of this Article with goods
value of more than VND 1,000,000 to 3,000,000.
3. A fine
of between VND 1,000,000 to 2,000,000 shall be imposed for one of the acts provided in clause 1 of this Article with goods
value of more than VND 3,000,000 to 5,000,000.
4. A fine
of between VND 2,000,000 to 5,000,000 shall be imposed for one of the acts provided in clause 1 of this Article with goods
value of more than VND 5,000,000 to 10,000,000.
5. A fine
of between VND 5,000,000 to 10,000,000 shall be imposed for one of the acts provided in clause 1 of this Article with goods
value of more than VND 10,000,000 to 20,000,000.
6. A fine
of between VND 10,000,000 to 20,000,000 shall be imposed for one of the acts provided in clause 1 of this Article with goods
value of more than VND 20,000,000 to 30,000,000.
7. A fine
of between VND 20,000,000 to 30,000,000 shall be imposed for one of the acts provided in clause 1 of this Article with goods
value of more than VND 30,000,000.
8. A fine
of twofold fine level provided from clause 1 to clause 7 of this Article for
one of the following cases:
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b) Violation goods are foodstuff, drugs of prevention and
treatment for human being, cosmetics, veterinary drugs, fertilizers, cement,
steel, animal feed, plant protection drugs, plant varieties and animal breeds.
9. Additional
sanctions and measures to overcome consequences:
a) Forced
to terminate the circulation, recall goods with labels or packages violating on
use term of goods being circulated in the market for the violations provided in
this Article;
b) Forced
to destroy goods for the violations provided in this Article. In case of unable to
apply measures of forcible destruction or violation
individuals and organizations do not implement the destruction, such goods
shall be confiscated for destruction in accordance with provisions.
Article
27. Violation of regulations on transaction with customers, consumers
1. A
warning or a fine of between VND 100,000 and 500,000 shall be imposed for
one of the following acts:
a) Having words,
actions, attitudes to offend customers, consumers, when selling goods or
providing services;
b) Failing to pay
compensation, refund money or exchange goods and services to customers,
consumers due to mistake;
c) Exchanging
fraudulently, cheating goods and services valued at less than VND 500,000 as
delivering, providing services to customers, consumers;
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2. A fine
of between VND 500,000 and 1,000,000 shall be imposed for one of the following
acts:
a) Having
words or actions to provide lack of honesty, false information to customers,
consumers on goods and business services;
b) Failing
to provide sufficient information to customers, consumers in case goods to be
defective or be able to cause dangerous when they are used;
c) Having
words or actions, attitude to force customers when purchasing, selling goods,
services.
3. A fine of between VND 1,000,000 and 2,000,000 shall
be imposed for one of the following acts:
a) Self-willed
reduction of packaging, accessories, replacement parts, promotion goods,
technical documentation and manual together with when selling goods, providing
services;
b)
Failing to implement the warranty of products and services which in accordance
with provisions, they must be warranted or self-proclaimed to warranty within
the publicized time limit;
c) Causing
difficulties and obstacles for customers, consumers in the warranty of goods or
services.
4. A fine
of twofold fine level provided in clause 3 of this Article in case of transacted
goods valued at more than VND 5,000,000 to 20,000,000.
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6. A fine
of fourfold fine level provided in clause 3 of this Article in case of
transacted goods valued at more than VND 50,000,000.
7. Measures
to overcome consequences:
a) Forced to
apologize to customers for the violations provided in point a clause 1 and point
c clause 2 of this Article;
b) Forced to pay
compensation, refund money or exchange goods and services to customers,
consumers for the violations provided in point b, point c and point d clause 1 of
this Article;
c) Forced
to repay packaging,
accessories, replacement parts, promotion goods, technical documentation and
manual together with when selling goods, providing services for the violations provided in point a clause 3, similar
to clause 4, clause 5 and clause 6 of this Article;
d) Forced
to implement the warranty of products, services for the violations provided in point b and point c clause 3 of this Article.
Article
28. Sanction for other administrative violations in trade activities
For other
administrative violations in trade activities on measurement of goods, quality
of goods, services; safety, food hygiene; bills, vouchers of purchasing,
selling goods or providing services; price, price listing of goods and
services; unfair competition; infringement of intellectual property rights
shall apply the provisions on sanctioning of administrative violations in the fields
of relative state management.
Item
IV. VIOLATION OF REGULATIONS ON TRADE PROMOTION ACTIVITIES
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1. A warning or a fine of between VND 100,000 and 300,000 shall
be imposed for one of the following acts:
a) Requiring
customers to make any payment obligations when implementing promotion upon the
form of giving samples, providing trial-use service to customers;
b) Hiring or
receiving to implement promotion services without written contract or by other
forms with equivalent legal validity.
2. A fine of between VND 1,000,000 and 3,000,000 shall
be imposed for one of the following acts:
a) Failing to
publicize information under the provisions or failing to properly perform the
method to publicize the promotion required to publicize according to provisions
when organizing promotion;
b) Failing to confirm
accurately and timely the participation of customers into frequent customer
program.
3. A fine of between
VND 3,000,000 to 5,000,000 for persons operating commerce independently,
frequently not be required to register the business if doing one of the
following acts:
a) Organizing to sell
goods, providing services together with contest ticket to customers to select
the winners;
b) Organizing to sell
goods, providing services together with participation in risk promotion program;
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4. A fine of between VND 5,000,000 and 10,000,000 shall
be imposed for one of the following acts:
a) Organizing
promotion programs under the forms of reducing prices for a certain brand of
goods and service in which total duration of implementation in excess of 90
days in a year or a promotion program exceeds 45 days;
b) Organizing
promotion programs under the forms of selling goods, providing services
together with participation in risk promotion program for a certain brand of
goods and service in which total duration of implementation in excess of 180
days in a year or a promotion program exceeds 90 days;
c) Organizing
promotion programs which material value used to promote for a unit of goods in
excess of 50% of the unit price of a promoted goods or service unit prior to
the promotional period, except for the promotion under the forms permitted by
law;
d) Organizing
promotion programs in which total value of goods, service used to promote a
promotion program implemented by trader in excess of 50% of total value of
promoted goods, services, except for the promotion under the forms giving
samples, supplying trial-use services to customers without making payment;
đ) Organizing
promotion programs in which the maximum reduction for promoted goods, services
in excess of 50% of such goods, services right before the promotion time;
e) Using promotion
lottery tickets with form similar to lottery tickets issued monopoly by the State
or using the lottery results of the state to determine the winning results;
g) Organizing the
forms of promotion which are subject to registration but not registering with
the competent state management agencies within the prescribed time limit or
registered contents not being honest, sufficient in accordance with provisions
or not been confirmed yet in writing by the competent state management agency;
h) Organizing
promotions without notice in writing on them or failing to send report on the
winning results to the competent management agency within the prescribed time
limit;
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5. A fine of between VND 10,000,000 and 15,000,000 shall
be imposed for one of the following acts:
a) Failing to write all
required contents in accordance with provisions on the coupons, tickets of
using the service, contest tickets, promotion lottery tickets, customer cards,
receipts of the purchase of goods and services used in the promotion programs;
b) Failing to
organize publicly the award opening of risk promotion programs or failing to
comply with the announced rules or without witness of customers;
c) Organizing the contests
and opening award publicly, without the witness of representatives of
consumers, failing to inform to the competent state management agencies on the location
to hold the contest, award opening when making sales promotions programs, providing
services together with contest tickets to customers to select the winner for
the award;
d) Failing to
organize the contests and giving awards under rules or organizing the contest
and giving awards not in compliance with the publicity when making sales
promotions programs under the form of selling goods, providing services
together with contest tickets to customers to select the winner for the award;
đ) Failing to notify
to the competent state management agency on the time, location to conduct the provision
of winning-award proof into goods in case the award winning is determined on
the basis of winning-award proof attached to goods;
e) Failing to
publicly announce the winning results on at least one mass media at the
provinces and cities directly under the Central where hold the promotion
program or at the location to sell goods to be of promotion program when
promoting under the form of selling goods or providing services together with
participation in the risk programs.
6. A fine of between VND 15,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a) Opening the award
before destroying the non-issued promotion lottery tickets;
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c) Promotion under
the form of reducing prices of selling goods or providing services for the case
the prices of selling goods or providing services to be of the case the State
provided prices specifically.
7. A fine of between VND 20,000,000 and 25,000,000 shall
be imposed for one of the following acts:
a) Failing to
implement or implementing insufficiently or delaying the implementation of
commitments on promotions publicized, notified or registered with the competent
State management agencies;
b) Failing to
implement the extraction to remit the state budget or failing to send written
report to the competent state management agency within the prescribed time
limit on the handling of prize value without winners after the expiry of giving
award when implementing promotion program under the form of selling goods,
supplying services together with the participation in the risk programs;
c) Terminating the
implementation of promotion program prior to the time limit announced or has
been confirmed by the competent State management agencies except for the case
permitted by law and performed fully conditions provided.
8. A fine of between VND 25,000,000 and 30,000,000 shall
be imposed for one of the following acts:
a) Contents of
contest program or the use of contest tickets to select person for the award
according to rules and prizes has been announced with contents, forms contrary
to historic tradition, culture, ethics, fine customs of Vietnam;
b) Promotion for
goods and services banned from business, restricted business, goods not being
permitted yet to circulate and services not being permitted yet to supply and
poor quality goods;
c) Using goods,
services for promotions being goods and services banned from business,
restricted business, goods not being permitted yet to circulate and services not
being permitted yet to supply and poor quality goods;
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đ) Promotion or use
of tobacco, beer to promote for the under 18 year-old person;
e) Using medicines
for human treatment (including the drugs had been circulated) to promote;
g) Organizing the
promotion at headquarters of state management agencies, schools, hospitals,
political organizations, socio-politic organizations, people's armed units;
h) Performing
promotional forms other than the one prescribed by law without approval of the
competent state management agencies.
9. A fine of twofold fine level specified from clause 1 to
clause 8 of this Article if the violation is done in the area of two provinces
and cities directly under the central or more.
10. For the
violations on unfair competition promotion, the regulations of law on
competition shall be applied to sanction.
11. Additional sanctions and measures to overcome consequences:
a) Forced to destroy
goods banned from business, goods not being permitted yet to circulate and poor
quality goods for the violations provided in point c clause 8 of this Article. In
case of unable to apply measures of forcible destruction or violation individuals and organizations do not implement
the destruction, such goods shall be confiscated for destruction in accordance
with provisions;
b) Forced to destroy
award opening results and hold to open award again for the violations provided
in point e clause 4, point b, point c, point d clause 5 and point a clause 6 of
this Article;
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d) Forced to
publicize the award winning results as provided for the violations provided in point
e clause 5 of this Article;
đ) Confiscating
goods, material evidence used to implement the acts of promotion for the
violations provided in point d, point đ and point e clause 8 of this Article.
Article
30. Violation of regulations on trade exhibitions, fair
1. A fine of between VND 3,000,000 and 5,000,000 shall
be imposed for one of the following acts:
a) Declaring
unfaithfully, inexactly contents in the dossier of registration to hold fair,
exhibitions;
b) Failing to
list subject, the time for fairs and exhibitions at the location to hold such
trade fairs, exhibitions before the opening date of trade fairs and exhibitions;
c) Failing to report
in writing to the competent state management agencies within the prescribed
time limit on the results of holding fairs, exhibitions after ending them in
domestic or overseas;
d) Changing,
supplementing registered contents when holding trade fairs, exhibitions in Vietnam without report in writing to the competent state management agencies within the
prescribed time limit or the confirmation on the change, supplement of
registered contents by the competent state management agencies.
2. A fine of between VND 5,000,000 and 10,000,000 shall
be imposed for one of the following acts:
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b) Displaying
counterfeit goods and goods infringing the intellectual property rights to
compare with the genuine one without the approval of the competent state
management agency in accordance with provisions;
c) Displaying
counterfeit goods and goods infringing the intellectual property rights to
compare with the genuine one which have not confirmed yet by the competent
state management agency that they are counterfeit goods, goods infringing the
intellectual property rights;
d) Displaying
counterfeit goods and goods infringing the intellectual property rights without
listing clearly that such goods are the counterfeits, the one infringing the
intellectual property rights;
đ) Displaying at
trade fairs and exhibitions types of goods or services to be of the list
prohibited business, limited business, goods without permission or not yet
permitted for circulation, services not yet permitted to supply in Vietnam or
goods not in compliance with quality standards, safety, food hygiene, expiry;
e) Displaying at
trade fairs and exhibitions types of goods to be of the list banned from import;
g) Displaying at
trade fairs and exhibitions goods (including goods of temporary import to display,
introduce at the fairs and exhibitions) without labels or with labels not in
compliance with regulations of law on labels;
h) Failing to
implement the re-export for temporarily imported goods to take part in the
fairs and exhibitions in Vietnam after ending the shows within the prescribed
limit time.
3. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a) Holding fairs,
exhibitions without registration with the competent state management agencies
as prescribed or not yet confirmed in writing on the registration to hold
fairs, exhibitions by the competent state management agencies;
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c) Using name and
subject of the Exhibition with words broadcasting the quality, titles of goods,
services or reputation, the title of traders, organizations or individuals taking
part in trade fairs without evidence to prove the quality, the title of the
goods, services or reputation, the title of merchants, organizations and
individuals;
d) Granting awards,
certifying quality, the title of the goods, services or reputation, the title
of traders, organizations or individuals participating in trade fairs not in
compliance with law regulations.
4. A fine of between VND 20,000,000 and 30,000,000 shall
be imposed for one of the following acts:
a) Foreign traders
directly hold the trade fairs, exhibitions in Vietnam;
b) Selling, giving
temporarily imported goods to display at the trade fairs, exhibitions without
approval in writing by the competent state management agencies;
c) Selling, giving
temporarily exported goods to take part in the overseas trade fairs,
exhibitions to be of export required to have permits of the competent state
management agencies or to be of being banned from import without written
approval of the competent state management agencies;
d) Unauthorized
consumption in Vietnam market of temporarily imported goods for participation
in trade fairs and exhibitions.
5. A fine of twofold fine level specified for the violations
provided in point a and point b clause 3 of this Article if the violations are
of organizations trading services of trade fairs, exhibitions.
6. The violations of
regulations on circulation, trading goods and services at trade fairs,
exhibitions organized in Vietnam shall be sanctioned under the relevant
provisions of this Decree.
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a) Confiscating goods
banned from business, goods without permission or not yet permitted for
circulation in Vietnam, the goods banned from import for the violations
specified in point đ and point e clause 2 of this Article;
b) Forced to destroy
counterfeit goods or goods not guaranteeing quality standards, safety, food
hygiene, expiry for the violations specified in point b, point c, point d and
point đ, clause 2 of this Article. In case of unable to apply measures of
forcible destruction or violation individuals and
organizations do not implement the destruction, such goods shall be confiscated
for destruction in accordance with provisions;
c) Forced to
re-export goods for the violations specified in point h clause 2 of this Article
within the time which the competent to sanction person prescribes. In case of
being forced to re-export goods but not doing so within the above mentioned
time limit, such goods shall be confiscated;
d) Confiscating
material evidences or the money earned from sales due to perform the acts of
administrative violations for the violations specified in point b, point c and
point d clause 4 of this Article.
Article
31. Violation of regulations on and goods and services introduction, display
1. A fine of between VND 1,000,000 and 5,000,000 shall
be imposed for one of the following acts:
a) Displaying,
introducing goods without labels or with labels not in compliance with provisions;
b) Displaying,
introducing sample goods not in compliance with goods trading on design,
packaging, quality, utility, style, type, price, warranty period;
c) Displaying,
introducing goods, services of other traders to compare with goods of
themselves, except for the goods to be compared are fake one, goods infringing
the intellectual property rights as prescribed.
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a) Displaying,
introducing goods, services to be of the list of goods, service banned from
business, good without being permitted or not yet permitted from circulation,
services not yet supplied in Vietnam, goods not guaranteeing quality standards
announced, safety, foods hygiene, goods expired;
b) Displaying,
introducing goods to be of the list banned from import;
c) Failing to
re-export temporarily imported goods to display, introduce after ending the
display, introduction within the prescribed time limit.
3. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a) Displaying and
introducing goods, services or using the form, means to display, introduce
goods and services causing harm to national security, public order, social
security, landscape, environment and human health;
b) Displaying and
introducing goods, services or using the form, means to display, introduce
contrary to historic tradition, culture, ethnic, fine customs of Vietnam;
c) Displaying and
introducing goods, services disclosing national secrets;
d) Illegal
consumption of goods being temporarily imported to display, introduce.
4. Additional sanctions and measures to overcome consequences:
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b) Confiscating
material evidence, means of violation for the violations provided in point a, point
b and point c clause 3 of this Article;
c) Confiscating
material evidences or the money earned from sales due to perform the acts of
administrative violations for the violations specified in point d clause 3 of
this Article;
d) Forced to
re-export goods for the violations specified in point c clause 2 of this
Article within the time which the competent to sanction person prescribes. In
case of being forced to re-export goods but not doing so within the above
mentioned time limit, such goods shall be confiscated;
đ) Forced to
destroy goods not guaranteeing quality standards, safety, food hygiene, expiry
for the violations specified in point a and point b clause 2 of this Article.
In case of unable to apply measures of forcible destruction or violation individuals and organizations do not implement
the destruction, such goods shall be confiscated for destruction in accordance
with provisions.
Article
32. Sanction of administrative violations on trade advertisement
For the administrative
violations on trade advertisement, the provisions on sanction of administrative
violations in the field of relative state management shall be applied.
Article
33. Violation of regulations on goods banned from export, import or suspended
the export, import
1. A fine of between
VND 10,000,000 and 15,000,000 shall be imposed for acts of exporting or
importing the goods to be subject to temporary suspension of export and import
without the written permission of the competent state management agencies.
2. A fine of between
VND 10,000,000 and 15,000,000 shall be imposed for acts of exporting or
importing the goods to be of the list of being banned from export or import
without the written permission of the competent state management agencies.
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a) Forced to destroy
goods causing harm to human health, environmental pollution, spread of disease
for the violations specified in this Article. In case of unable to apply
measures of forcible destruction or violation
individuals and organizations do not implement the destruction, such goods
shall be confiscated for destruction in accordance with provisions;
b) Confiscating goods
for the violations provided in this Article if not belonging to the
have-to-apply-measures cases as provided in point a clause 3 of this Article.
Article
34. Violation of regulations on quotas, goods import, export licenses
1. A fine of between
VND 5,000,000 and 10,000,000 shall be imposed for acts of arbitrarily erasing,
correcting, supplementing, changing contents of quotas, goods import and export
licenses.
2. A fine of between
VND 10,000,000 and 15,000,000 shall be imposed for acts of forgery, unauthorized use of quotas,
goods import and export licenses.
3. A fine of between
VND 15,000,000 and 20,000,000 shall be imposed for acts of exporting, importing
goods without quotas, goods import and export licenses according to provisions.
4. Additional sanctions and measures to overcome consequences:
a) Forced to bring
out of the Vietnam territory at the entry border gate or export suspension for
the violations provided in clause 3 of this Article;
b) Forced to destroy
goods causing harm to human health, environmental pollution, spread of disease
for the violations specified in clause 3 of this Article. In case of unable to
apply measures of forcible destruction or violation
individuals and organizations do not implement the destruction, such goods
shall be confiscated for destruction in accordance with provisions.
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1. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a) Consigning or
receiving the consignment of goods import and export to be of the list of goods
banned from export, suspended export, banned from import, suspended import;
b) Consigning or
receiving the consignment of goods import and export to be of the list of
importing, exporting goods with conditions but the consigning party and
consigned party having no quotas, goods import and export licenses granted by
the competent state management agencies.
2. Measures to overcome consequences:
Forced to bring out
of the Vietnam territory at the entry border gate or export suspension for the
violations provided in clause 1 of this Article.
Article
36. Violation of regulations on goods temporary import for re-export, temporary
export for re-imports
1. A fine of between VND 5,000,000 and 10,000,000 shall
be imposed for one of the following acts:
a) Temporary import
for re-export, temporary export for re-import of goods which are required
permit of the competent state management agencies but having no one as
prescribed;
b) Failing to
re-export goods which have exceeded the must-re-export time limit;
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2. A fine of between
VND 10,000,000 and 20,000,000 shall be imposed for acts of trading temporary
import for re-export of goods to be of the case of trade suspension according
to the mode of temporary import for re-export.
3. Additional sanctions and measures to overcome consequences:
a) Forced to
re-export goods or suspend the temporary import for re-export for the
violations provided in point a clause 1 and clause 2 of this Article;
b) Forced to
re-export goods for the violations provided in point b clause 1 of this Article
within the time limit that the competent to sanction person prescribes. In case
of being forced to re-export goods but not doing so within the above mentioned
time limit, such goods shall be confiscated;
c) Forced to
temporarily import for re-export of goods in compliance with border gate as
provided or suspending the temporary import for re-export of goods for the
violations provided in point c clause 1 of this Article.
Article
37. Violation of regulations on transfer of goods
1. A fine of between VND 5,000,000 and 10,000,000 shall
be imposed for one of the following acts:
a) Transferring
improper category or in access of the number of goods specified in the permit
issued by the competent state management agency;
b) Transferring goods
not incompliance with border gate as provided.
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a) Transferring goods
required to have permit issued by the competent state management agency but
having no one;
b) Trading the transfer
of type of goods to be of the case being suspended business according to the
mode of transfer.
3. Measures to overcome consequences:
a) Forced to
bring out of the Vietnam territory at the entry border gate or transfer
suspension of goods for the violations provided in point a clause 2 of this
Article;
b) Forced to transfer
goods in compliance with border gate as provided or suspending the transfer of
goods for the violations provided in point b clause 1 of this Article;
c) Confiscating goods
transferred not in compliance with categories, exceeding the number of goods
allowed to transfer or goods which are suspended business by the mode of transfer
specified in point a clause 1 and point b clause 2 of this Article.
Article
38. Violation of regulations on transit of goods
1. A fine of between
VND 1,000,000 and 5,000,000 shall be imposed for acts of transiting goods not
in compliance with route, border gate allowed to transit, except for the case
prescribed in point a clause 2 of this Article.
2. A fine of between VND 5,000,000 and 10,000,000 shall
be imposed for one of the following acts:
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b) Goods in transit
stay on the Vietnam territory exceeding the permitted time limit.
3. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for the acts of transiting type of goods required to have permit
issued by the competent state management agency but having no one.
4. A fine of between VND 20,000,000 and 30,000,000 shall
be imposed for the acts of consuming illegally transited goods, means in Vietnam territory.
5. Additional sanctions and measures to overcome consequences:
a) Forced to transfer
goods in compliance with route, border gate for the violations provided in clause
1 and point a clause 2 of this Article;
b) Forced to bring
out of the Vietnam territory at the entry border gate for the violations
provided in clause 3 of this Article;
c) Forced to transit
goods for the violations provided in point b clause 2 of this Article within
the time limit that the competent to sanction person prescribes. In case of
being forced to transit goods but not doing so within the above mentioned time
limit, such goods shall be confiscated;
d) Confiscating
transited goods, transit means or the amount collected due to conduct the acts
of administrative violations for the violations specified in clause 4 of this
Article.
Article
39. Violation of regulations on duty free shop
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2. A fine of between VND 3,000,000 and 5,000,000 shall
be imposed for the acts of trading duty-free
goods not in compliance with subjects.
3. A fine of between
VND 5,000,000 and 10,000,000 shall be imposed for acts of trading duty-free
goods not in compliance with the registered list recorded in the Certificate of
sufficient conditions for trading duty-free goods granted.
4. For the acts of
trading goods at duty-free shops not stamping "Vietnam duty not paid"
in accordance with provisions or trading duty-free goods such as cigars and
cigarettes produced from abroad and types of goods which are subject to export,
import with conditions but having no export, import license as prescribed shall
be sanctioned as follows:
a) A warning or a fine of between VND 100,000 and 500,000 shall
be imposed in case of goods with value of up to VND 2,000,000;
b) A fine of between VND 500,000 and 1,000,000 shall be
imposed in case of goods with value of more than VND 2,000,000 to 5,000,000;
c) A fine of between VND 1,000,000 and 5,000,000 shall be
imposed in case of goods with value of more than VND 5,000,000 to 10,000,000;
d) A fine of between VND 5,000,000 and 10,000,000 shall
be imposed in case of goods with value of more than VND 10,000,000 to
20,000,000;
đ) A fine of between VND 10,000,000 and 15,000,000 shall
be imposed in case of goods with value of more than VND 20,000,000 to
30,000,000;
e) A fine of between VND 15,000,000 and 20,000,000 shall
be imposed in case of goods with value of more than VND 30,000,000 to
50,000,000;
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5. A fine of between VND 30,000,000 and 40,000,000 shall
be imposed for one of the following acts:
a) Trading at
duty-free shop type of goods banned from export, import or suspended export,
import;
b) Trading at
duty-free shop type of goods without origin from lawful import;
c) Selling illegally
in domestic market types of goods permitted to import for selling at duty-free
shop.
6. Additional sanctions and measures to overcome consequences:
a) Confiscating goods
for the violations provided in clause 4 and point a, point b clause 5 of this Article;
b) Confiscating goods
or the amount collected due to conduct the acts of administrative violations
for the violations specified in clause 1, clause 2 and point c clause 5 of this
Article.
7. Apart from the application of above mentioned sanctions,
the competent to sanction persons must petition to the competent state management
agencies to revoke the Certificate of sufficient conditions for trading
duty-free goods for the violations provided in this
Article in case of repeated violations or recidivism.
Article
40. Violation of regulations on origin of exports, imports
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a) Supplying untruth
documents, vouchers to the competent agencies when requesting for Certificate
of origin;
b) Arbitrarily
erasing, modifying contents of the Certificate of origin (C/O) granted.
2. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a) Making or using
fake C/O;
b) Bringing origin
faked goods into Vietnam territory;
c) Exporting origin
faked goods.
3. Additional sanctions and measures to overcome consequences:
a) Forced to suspend
the export for the violations provided in point c clause 2 f this Article;
b) Forced to destroy
goods causing harm to human health, environmental pollution, spread of disease for
the violations specified in point b clause 2 of this Article. In case of unable
to apply measures of forcible destruction or violation
individuals and organizations do not implement the destruction, such goods
shall be confiscated for destruction in accordance with provisions;
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Article
41. Sanction of other administrative violations on export and import of goods
and services related to export and import of goods
For other
administrative violations on export and import of goods, exchange of goods
across the border of border residents and the services related to export and
import of goods not specified in this Decree, the provisions on sanctioning of
administrative violations in the field of relative state management shall be
applied.
Item
V. VIOLATION OF REGULATIONS ON TRADE INTERMEDIATE ACTIVITIES
Article
42. Violation of regulations on representatives for traders
1. A warning or a
fine of between VND 300,000 and 500,000 shall be imposed for the acts of hiring
representatives or being representatives to other traders without representative
contract in accordance provisions.
2. A fine of between
VND 500,000 and 1,000,000 shall be imposed for the acts of hiring
representatives or being representatives to other traders which are not traders
as prescribed.
Article
43. Violation of regulations on trade intermediate
1. A fine of between
VND 300,000 and 500,000 shall be imposed for individuals with acts of trading,
commercial intermediate which are not traders as prescribed.
2. A fine of between
VND 1,000,000 and 5,000,000 shall be imposed for organizations with acts of
trading, commercial intermediate which are not traders as prescribed.
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1. A warning or a
fine of between VND 300,000 and 500,000 shall be imposed for the acts of
consigning or receiving the consignment of purchasing, selling goods
without consignment contract as prescribed.
2. A fine of between
VND 1,000,000 and 3,000,000 shall be imposed for the acts of receiving the
consignment not in compliance with business lines, goods recorded in the
Certificate of business registration.
Article
45. Violation of regulations on agents of purchasing, selling goods, services
1. A warning or a fine of between VND 300,000 and 500,000 shall
be imposed for one of the following acts:
a) Individuals having
the acts of assigning agents or being agents which are not traders as
prescribed;
b) Traders assigning
agents or to be agents without agent contract of purchasing, selling goods in
accordance provisions.
2. A fine of between VND 1,000,000 and 3,000,000 shall
be imposed for the acts of assigning agents or being agents of purchasing,
selling goods, services not in compliance with business lines, goods and
services recorded in the Certificate of business registration or business
License.
3. A fine of between VND 3,000,000 and 5,000,000 shall
be imposed for one of the following acts:
a) Organizations
having the acts of assigning agents or being agents which are not traders as
prescribed;
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c) Failing to record
or recording improper name, logo of agents assigning party on the signboard at the
location of purchasing, selling agent goods or agent service establishment as
prescribed.
4. A fine of between VND 5,000,000 and 10,000,000 shall
be imposed for one of the following acts:
a) Trading goods,
services which are required the form of agent as prescribed but not
implementing or implementing not in compliance with provisions;
b) The agents
purchasing, selling goods, services not in compliance with goods, services
according to agent contracts;
c) Forging name of
agents to purchase, sell goods and services for business;
d) Failing to
implement according to conditions provided when hiring foreign traders to be
agent to sell goods in overseas.
5. A fine of twofold
fine level provided from clause 1 to clause 4 of this Article for the case
agents of goods, services restricted from business or conditioned business.
6. Other violations
on trading goods, services under the form of agent shall be sanctioned
according to relative provisions in this Decree.
Item
VI. VIOLATION OF REGULATIONS ON OTHER TRADE ACTIVITIES
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1. A warning or a fine of between VND 300,000 and 500,000 shall
be imposed for the acts of making services of holding goods auction without
contract as prescribed.
2. A fine of between VND 1,000,000 and 3,000,000 shall
be imposed for one of the following acts:
a) Making services of
holding goods auction which are not traders as prescribed;
b) Failing to list
publicly, fully, exactly necessary information related to auctioned goods as
prescribed;
c) Failing to display
goods, goods sample or documents to introduce them to the participation in
auction persons for consideration.
3. A fine of between VND 3,000,000 and 5,000,000 shall
be imposed for the acts of permitting persons who are not allowed to take part
in auction as prescribed to participate in goods auction.
4. A fine of between VND 5,000,000 and 10,000,000 shall
be imposed for the acts of holding to auction not in compliance with proper
order, procedures as prescribed.
5. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for persons who buy auctioned goods with acts in collusion, of
agreement together to peg prices.
6. The acts of
organizing the auction of goods banned from business, goods which are subject
to urgent measures banning from circulation, being forced to withdraw or suspend
the circulation, counterfeit goods and goods with expired dates shall be
sanctioned according to relevant provisions in this Decree.
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Forced to cancel
results of auction for the violations provided in clause 3, clause 4 and clause
5 of this Article.
Article
47. Violation of regulations on trading services, goods auction
1. A fine of between VND 1,000,000 and 3,000,000 shall
be imposed for the acts of notice for bidding with insufficient contents as
prescribed.
2. A fine of between VND 3,000,000 and 5,000,000 shall
be imposed for the acts of failing to make minute when opening bidding or the
contents of the bidding opening minute are made not in compliance with provisions.
3. A fine of between VND 5,000,000 and 10,000,000 shall
be imposed for the acts of modifying bidding documents after the bidding was
opened.
4. For the violations
on bidding goods and services related to public procurement and use of state
funds shall apply the provisions on sanction of administrative violations in
the field of relative state management.
5. Measures to overcome consequences:
Forced to cancel
results of bidding for the violations provided in clause 3 of this Article.
Article
48. Violation of regulations on trading goods lease
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Article
49. Violation of regulations on trading services of trade assessment
1. A warning or a fine of between VND 300,000 and 500,000 shall
be imposed for the acts of authorizing to assess or re-authorizing the
assessment without contract as prescribed.
2. A fine of between VND 1,000,000 and 3,000,000 shall
be imposed for the acts of supplying assessment services out of the registered
field in the business registration Certificate or equivalent valued papers as
prescribed.
3. A fine of between VND 3,000,000 and 5,000,000 shall
be imposed for one of the following acts:
a) Trading assessment
services not ensuring the conditions as prescribed;
b) Assigning expert
to implement commercial assessment services not ensuring the standards as
prescribed.
4. A fine of between VND 5,000,000 and 10,000,000 shall
be imposed for one of the following acts:
a) Using professional
seal on the Certificate of Assessment when having not yet registered such seal
with the competent state management agencies under the provisions;
b) Changing,
supplementing professional seal without re-registering with the competent state
management agencies as prescribed;
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d) Implementing
commercial assessment services in case such assessment relating to interests of
the assessment enterprise and of the expert.
5. Measures to overcome consequences:
Forced to hand in the
professional seal to the competent state management agencies for the violations
provided in point c clause 4 of this Article.
Article
50. Violation of regulations on trading franchise
1. A warning or a fine of between VND 300,000 and 500,000 shall
be imposed for the acts of franchising without contract as prescribed.
2. A fine of between VND 3,000,000 and 5,000,000 shall
be imposed for one of the following acts:
a) Declaring unfaithfully,
inexactly contents in dossier requesting for registration of franchise activity;
b) Failing to supply,
supplying insufficiently, inexactly information in franchise activity as
prescribed;
c) Supplying
unfaithful, insufficient information of compulsory contents in the written
introduction on franchise;
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đ) Trading franchise
without satisfying conditions as prescribed;
e) Failing to
implement the report, supply of documents or reporting unfaithfully,
insufficiently matters relating to franchise activity at the request of the
competent state management agencies.
3. A fine of between VND 5,000,000 and 10,000,000 shall
be imposed for one of the following acts:
a) Failing to
register franchise activity as prescribed;
b) Failing to notify
to the competent state management agencies on changes in franchise activity as
prescribed.
4. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a) Trading franchise
for goods, services banned from business, circulating goods which are subject
to the urgent measures banning from circulation, forced to withdraw, suspend
the circulations;
b) Trading franchise
for goods which are subject to the urgent measures circulating with conditions
or required to have permit but not ensuring conditions or without permit as
prescribed;
c) Continuing to
trade franchise when the term of franchise contract expired.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Confiscating goods
for the violations provided in point a clause 4 of this Article.
Article
51. Violation of regulations on processing in trade
1. A warning or a fine of between VND 300,000 and 500,000 shall
be imposed for the acts of ordering or receiving to process goods in trade
without contract in accordance with provisions.
2. A fine of between VND 5,000,000 and 10,000,000 shall
be imposed for the acts of ordering or receiving to process domestic goods for
types of goods banned from business, circulating goods which are subject to the
urgent measures banning from circulation, forced to withdraw, suspend the
circulations.
3. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a) Ordering to
process or receiving to process goods with foreign traders types of imports,
exports which are required to have permit without approval of the competent
state management agencies as prescribed;
b) Receiving to
process goods with foreign traders types of goods to be of the list of goods banned
from export, import and suspended export, import without written approval of
the competent state management agencies as prescribed;
c) Ordering to
process overseas goods for domestic consumption for types of goods banned from
export, import and suspended export, import or goods which are subject to the
urgent measures banning from circulation, forced to withdraw, suspend the
circulations or fake goods and goods not ensuring food hygiene and safety.
4. A fine of between VND 20,000,000 and 30,000,000 shall
be imposed for one of the following acts:
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b) Forging processing
contract with foreign traders.
5. Additional
sanctions:
a) Confiscating
material evidence for violations provided in clause 2, clause 3 and clause 4 of
this Article;
b) Confiscating
collected amount due to conduct the act of administrative violations for the
violations provided in point a clause 4 of
this Article.
Article
52. Violation of regulations on electronic trade (E-Trade)
1. A fine of between VND 2,000,000 and 5,000,000 shall
be imposed for one of the following acts:
a) Copying,
disclosing, unauthorized moving part or all of the electronic documents initially
made by other organizations, individuals;
b) Violating
provisions on supplying clauses of contract when conducting E-Trade activities;
c) Violating
provisions on using automatic information system to enter into contract in
E-Trade.
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a) Preventing,
restricting the ability of organizations and individuals in the use of
electronic documents, entering into and performance of contracts by electronic
means;
b) Preventing,
restricting the ability of organizations and individuals in selection of
technology, electronic means to conduct trade activity;
c) Illegally
changing, deleting and destroying part or all of the electronic documents
initially made by other organizations, individuals;
d) Infringement,
illegal interference in the information systems used for electronic commerce
activities of other organizations and individuals;
đ) Failing to comply
with provisions of law on trade by electronic means.
3. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a) Forging,
appropriating part or all of the electronic documents initially made by other
organizations, individuals;
b) Creating, sending,
transmitting, receiving and processing electronic documents to carry out
commercial fraud, unfair competition, cheat or infringement of the interests of
consumers;
c) Forging address of
information systems of organizations and individuals to carry out commercial
activities or related to commercial activities;
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4. Other violations
on information technology application in trade activity shall be sanctioned
according to provisions on administrative violation sanction in relative state
management field.
Article
53. Violation of regulations on multi-level sales activities
1. A warning or a
fine of between VND 300,000 and 500,000 shall be imposed for participants in
multi-level sales with one of the following acts:
a) Failing to
implement according to provisions on subjects to be participated in multi-level
sales;
b) Failing to present
card of participation in multi-level sales before introduce goods or marketing
to sale goods;
c) Failing to inform fully the contents according to
provision when sponsoring another person
to participate in multi-level
sales network.
2. A warning or a
fine of between VND 1,000,000 and 2,000,000 shall be imposed for participants
in multi-level sales with one of the following acts:
a) Failing to comply
with provisions of the rule of operation and goods sale of multi-level sale
enterprises registered with the competent agencies;
b) Using an individuals participating in multi-level sales
network to introduce sales
activities without stating
clearly names, addresses, time to
take part in and profits
collected for each period or
failing to present the receipt confirmed by the tax
authorities that such person
has paid tax.
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a) Requiring persons
to be sponsored to participate in multi-level sales network to pay any fees under the nominal of a
course, training course, conference, social activities or other equivalent
activities;
b) Providing false information on the
benefits of participation in multi-level sales for others to take part in
multi-level sales;
c) Providing false
information on the nature and use of goods for others to join in multi-level
sales;
d) Providing false information on the
activities of multi-level sales enterprises to solicit others to join in
multi-level sales.
4. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for multi-level sales enterprises
with one of the following acts:
a) Failing to built
or publicize operation rule of enterprises and participants in multi-level
sales activities;
b) Failing to sign
written contract with participants or contract without in full basic contents
as prescribed;
c) Failing to supply
card to participate in multi-level sales network to participants or supplying
not in compliance with form as prescribed;
d) Failing to supply
sufficient information and documents as prescribed for people intending to
participate in multi-level sales network;
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e) Failing to withhold personal income taxes
of the participants to pay to the state budget before paying commissions,
bonuses or other economic benefits to participants;
g) Failing to notify to the participants on
the goods are of not being acquired by enterprise before such participants
carry out to purchase;
h) Failing to conduct the report regime or
reporting incompletely, unfaithfully, not on time to the competent state management
agencies under the provisions;
i) Failing to notify, provide completely or
providing incorrect list of participants in multi-level sales before these
people conduct to sell goods or developing multi-level sales network outside
the province, city directly under Central Government where the enterprises
locate its head office to the State management agencies in accordance with
provisions;
k) Failing to pay
compensation for consumers or participants in the cases as prescribed;
l) Failing to
regularly monitor the activities of the participants to ensure the participants
to comply with rules of activities and the sales program of enterprise;
m) Failing to train,
foster multi-level sales skill and profession, law on multi-level sales to the
participants;
n) Training
participants not in compliance with training program registered with the
competent state management agency.
5. A fine of between
VND 10,000,000 and 20,000,000 shall be imposed for multi-level sales
enterprises with one of the following acts:
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b) Refusing to pay
without legitimate reason for the commissions, bonuses or other economic
benefits that participants are entitled to enjoy;
c) Changing the
contents of the sales program without conducting the procedures requesting for
additional issuance of the Registration of multi-level sales organization;
d) Failing to notify
to the competent state management agency where the sales network are developed when
developing the sales network to the provinces and cities directly under the
Central Government that the enterprises do not locate their head offices in
accordance provisions;
đ) Failing to perform
the prescribed obligations when suspending or terminating its activities;
e) Trying to provide false information in the
dossier requesting for granting multi-level sales Registration.
6. A fine of between
VND 20,000,000 and 30,000,000 shall be imposed for multi-level sales
enterprises with one of the following acts:
a) Organizing to sell multi-level goods
without the multi-level sales Registration issued by competent state management
agencies;
b) Failing to perform
in compliance with provisions on goods being entitled to carry out business
according to the mode of multi-level sales.
7. For the illicit
acts of multi-level sales, the provisions of competition law shall be applied
to sanction.
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Confiscating goods
for the violations provided in point b clause 6 of this Article.
9. Apart from the application of above mentioned sanctions,
the competent to sanction persons must petition to the competent state
management agencies to revoke the Registration to organize multi-level
sales for the violations provided in clause 4,
clause 5 and point b clause 6 of this Article in case
of repeated violations or recidivism.
Article
54. Violation of regulations on management of trading supermarkets, trade
centers
1. A fine of between
VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a) Naming the business establishments being
supermarkets, trade centers or similar words in foreign languages without
satisfying the standards as prescribed;
b) Internal rules of operation of
supermarkets, trade centers show insufficiently the contents as prescribed or are
not approved by the competent state management agency;
c) Failing to list
internal rules of operation at supermarkets, trade centers;
d) Failing to report
periodically or irregularly on the operation situation of supermarkets, trade
centers at the request of the competent state management agency.
2. A fine of between
VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
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b) Recording
signboards of supermarkets or trade centers not in compliance with contents and
forms as prescribed;
c) Trading
supermarkets or trade centers that are not the enterprises registered to trade
commercial activities as prescribed;
d) Goods traded in
supermarkets, trade centers do not have the name of goods, services, and the
names of supermarkets or trade centers;
đ) Goods sold
in supermarkets, trade centers have warranty regime without specifying clearly
term and location of warranty.
3. A fine of between VND 10,000,000 to
20,000,000 shall be imposed for acts of trading the types of commodities
containing radioactive substances or ionized radiation devices beyond the
permissible level; explosive materials, liquefied substances, flammable gas,
veterinary drugs, plant protection drugs and goods containing toxic chemicals
to be of the list restricted business in accordance with provisions in
supermarkets, trade centers.
4. Other violations
on trading goods and services in supermarkets, trade centers, shall be
sanctioned under the relevant provisions of this Decree.
Article
55. Violation of regulations on goods Exchange
1. A fine of between VND 1,000,000 and 3,000,000 shall be
imposed for the acts of employees of the goods Exchange conduct brokerage of
purchasing, selling goods through the Goods Exchange.
2. A fine of between
VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
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b) Refusing to accept
membership status of goods Exchange without replying in writing or stating clearly
the reason of the refusal.
3. A fine of between
VND 3,000,000 and 5,000,000 shall be imposed for traders with one of the
following acts:
a) Joining in
activities to buy and sell goods through the Goods Exchange in overseas not in
compliance with route, scope and conditions under the provisions of law;
b) Implementing
activities of purchasing and selling goods through the Goods Exchange that are
not trading members of the Goods Exchange.
4. A fine of between
VND 5,000,000 and 10,000,000 shall be imposed for members of Goods Exchange
with one of the following acts:
a) Failing to warrant
separate cost-accounting of activities of purchasing and selling goods through
the Goods Exchange of each customer and its own;
b) Failing to notify
to customer for the reason to terminate member status and the implementation of
consignment contract obligations of customer;
c) Failing to keep
transactions consignment contract, transactions consignment orders and
requirements to adjust or cancel transactions consignment orders of customers;
d) Failing to keep
fully documents and accounts reflecting details, accuracy of transactions to
customers and its own;
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e) Failing to sign
transactions consignment contract in writing with customers according to
provisions of law or implementing the transactions to customers when not yet
received transactions consignment orders from customers;
g) Being brokerage
without contract with customers as prescribed;
h) Receiving
transactions consignment to customers not in compliance with provisions.
5. A fine of between
VND 10,000,000 and 20,000,000 shall be imposed for members of Goods Exchange with
one of the following acts:
a) Soliciting customers
to sign contracts by promising to compensate the whole or part of damages
incurred or guarantee part of profit to customers;
b) Using artificial
prices and other cheating measures as conducting brokerage to customers;
c) Performing brokerage activities of purchasing and selling
goods through Goods Exchange that are not
brokerage members of the Goods Exchange.
6. A fine of between
VND 10,000,000 and 20,000,000 shall be imposed for organizations and individuals
to supply false information for the transactions, market or price of goods purchased,
sold through the Goods Exchange.
7. A fine of between
VND 10,000,000 and 20,000,000 shall be imposed for Goods Exchange with one of
the following acts:
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b) Failing to
publicize Chapter of operation, License of establishing Goods Exchange
approved, granted, amended, supplemented by the competent state management
agencies;
c) Failing to
implement the procedures requesting for re-issuance of License of establishing
Goods Exchange in the case the License of establishing Goods Exchange lost,
torn, burnt or destroyed under other forms;
d) Failing to
implement the procedures requesting for amendment, supplement of the License of
establishing Goods Exchange in case of any change to contents of the License of
establishing Goods Exchange;
đ) Failing to
publicize or publicizing untimely the cases of transaction suspension as
prescribed;
e) Failing to
publicize or publicizing incomplete or inaccurate information and list of
members of the Goods Exchange; information on transactions and the transaction
orders of purchasing, selling goods through the Goods Exchange and other
information according to Chapter of operation of the Goods Exchange;
g) Failing to
implement or implementing incorrectly, fully provisions on periodic report or irregular
report at the request of the competent state management agencies on the information
related to activities of purchasing, selling goods through the Goods Exchange
and members of the Goods Exchange at the time of report.
8. A fine of between
VND 20,000,000 and 30,000,000 shall be imposed for members of the Goods
Exchange with one of the following acts:
a) Failing to
implement or implementing incorrectly the transaction deposit as prescribed;
b) Fail to comply
with regulations on the total transaction limit or transaction limit;
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9. A fine of between
VND 30,000,000 and 40,000,000 shall be imposed for the Goods Exchange with one
of the following acts:
a) Using false
documents in the dossier requesting for the establishment, amendment,
supplement or re-issuance of License of establishing Goods Exchange;
b) Approving
membership status to traders which are not conditions enough in accordance with
provisions;
c) Failing to
implement or implementing incorrectly the transaction deposit as prescribed;
d) Failing to
establish system of internal controls, risk management and supervision, preventing
interest conflicts in the internal and transaction necessarily in accordance
with provisions;
đ) Letting members
who terminated member status continue the implementation of operations of
selling, purchasing goods through the Goods Exchange;
e) Organizing the
activities of trading goods not to be of the list of goods publicized by the
competent state agencies;
g) Fail to comply
with regulations on the total transaction limit or transaction limit;
h) Failing to comply
with the transaction methods or principles of matching transaction order or
transaction information disclosure in accordance with provisions.
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1. A fine of between
VND 5,000,000 and 10,000,000 shall be imposed for foreigners with acts of
illegally selling in the Vietnam territory the duty free imported consumption
goods for use according to prescribed standards.
2. A fine of between
VND 10,000,000 and 20,000,000 shall be imposed for foreigners with acts of
operating illegal trade in the Vietnam territory.
3. A fine of between
VND 20,000,000 and 30,000,000 shall be imposed for foreigners with one of the
following acts:
a) Organizing illegal
commercial activities in the Vietnam territory;
b) Consuming
illegally in the territory of Vietnam the transportation, vehicles, information
machinery, office equipment, duty free imported furniture equipment for use
under prescribed standards;
c) Consuming
illegally in the territory of Vietnam the transportation, vehicles temporarily
imported into Vietnam.
4. Additional sanctions and measures to overcome consequences:
Confiscating
material evidence, means of violations or the collected amount due to conduct
the administrative violations for the violations provided in this Article.
Article
57. Sanctioning for the act of obstructing official duty activity of the
competent to sanction administrative violations person
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a) Failing to
implement the enumeration, declaration or enumerating, declaring unfaithfully,
untimely at the request of person to execute the public service of sanctioning
administrative violations or the competent sate management agencies;
b) Failing to provide
or providing incompletely vouchers, documents relating to the inspection, examination
and sanction of violations of the person to execute the public service of
sanctioning administrative violations or the competent sate management agencies.
2. A fine of between
VND 1,000,000 and 3,000,000 shall be imposed for one of the following acts:
a) Having actions to
obstruct or cause difficulties for public service activities of the competent
persons;
b) Having words,
threatening actions, revilement, hurting of the honor for those who are on duty.
3. A fine of between
VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a) Arbitrarily
removing seal of material evidence, violation means being sealed, temporarily
seizing or arbitrarily changing the place of action of administrative
violations;
b) Dispersing, being
made to change, exchanging material evidence and means being inspected, examined
or temporarily seized;
c) Storing,
harboring, consuming material evidence and means being inspected, examined or
temporarily seized which are dispersed.
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a) Delaying or
shirking the execution of administrative decisions on inspection, examination
and handling of administrative violations of the competent persons or agencies;
b) Assaulting persons
who are on duty.
5. Measures to overcome consequences:
Forced to withdraw
material evidence, means dispersed for the violations provided in point b, point
c clause 3 of this Article.
Chapter
3:
COMPETENCE
AND PROCEDURES TO SANCTION ADMINISTRATIVE VIOLATIONS
Article
58. Competence to sanction administrative violations of the People’s Committee
1. Presidents of Commune-level
People’s Committees are competent to sanction against administrative violations
in trade activities specified in this Decree according to competence as
provided in Article 28 of the Ordinance on Handling of Administrative
Violations.
2. Presidents of
District-level People’s Committees are competent to sanction against
administrative violations in trade activities specified in this Decree
according to competence as provided in Article 29 of the Ordinance on Handling
of Administrative Violations.
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Article
59. Competence to sanction administrative violations of the market management
agencies
1. The competent
persons of the market management agencies as provided in Article 37 of the
Ordinance on Handling of Administrative Violations are competent to sanction
against administrative violations in trade activities specified in this Decree
and other administrative violations in trade activities specified in Article
12, Article 28, Article 32 and Article 41 of this Decree.
2. The competent to
sanction administrative violations according to clause 1 of this Article
of market controller at all level to be on duty:
a) Warning;
b) A fine of up to VND
200,000 shall be imposed.
3. The competent to
sanction administrative violations according to clause 1 of this Article
of chief of team of market management:
a) Warning;
b) A fine of up to
VND 5,000,000 shall be imposed;
c) Confiscating
material evidence, means used for administrative violations valued at VND 30,000,000;
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đ) Forced to
implement remedies measures and other measures against administrative
violations as provided in this Decree.
4. The competent to
sanction administrative violations according to clause 1 of this Article
of manager of market management Branches:
a) Warning;
b) A fine of up to
VND 20,000,000 shall be imposed;
c) Stripping of the
right to use license, practice certificate under competence;
d) Confiscating
material evidence, means used for administrative violations;
đ) Forced to destroy
products causing harmful to human health, animals, plants, harmful cultural
products;
e) Forced to
implement remedies measures and other measures against administrative
violations as provided in this Decree.
5. The competent to
sanction administrative violations according to clause 1 of this Article
of Director of market management Department:
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b) A fine of up to
VND 70,000,000 shall be imposed;
c) Stripping of the
right to use license, practice certificate under competence;
d) Confiscating
material evidence, means used for administrative violations;
đ) Forced to destroy
products causing harmful to human health, animals, plants, harmful cultural
products;
e) Forced to
implement remedies measures and other measures against administrative
violations as provided in this Decree.
Article
60. Competence to sanction administrative violations of the Police, Customs,
Border Guard, Coast Police and the specialized state Inspection
1. District-level
Police Chief, Chief of Police Office investigating economic crime and position
of the provincial-level Police, Director of the provincial-level Police and
Director of Department of Police investigating economic crime and position are
competent to sanction against administrative violations in trade activities
specified in this Decree to be of the area and management field of branch
according to the competence defined in Article 31 of the Ordinance on Handling of
Administrative Violations.
2. The competent
persons to sanction administrative violations of Border Guard, Coast Police and
Customs are competent to sanction against administrative violations in trade
activities specified in this Decree relating to activities of goods import,
export to be of the area and its management field according to the competence
defined in Article 32, Article 33 and Article 34 of the Ordinance on Handling of
Administrative Violations.
3. The competent persons
to sanction administrative violations of the specialized state Inspection is
competent to sanction against administrative violations in trade activities
specified in this Decree to be of the area and management field of branch
according to the competence defined in Article 38 of the Ordinance on Handling of
Administrative Violations.
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1. Principle
determining competence to sanction administrative violations is implemented
according to provision in Article 42 of the Ordinance on Handling of
Administrative Violations and Article 13 of Decree No.134/2003/ND-CP dated
November 14, 2003 of the Government detailing the implementation of a number of
Articles of the Ordinance on Handling of Administrative Violations.
2. The authority to
sanction administrative violations is implemented according to provision in Article
41 of the Ordinance on Handling of Administrative Violations and Article 14 of
Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing
the implementation of a number of Articles of the Ordinance on Handling of
Administrative Violations.
Article
62. Procedures of handling of administrative violations and execution of
decisions to sanction
1. Procedures of handling
of administrative violations according to provision of the Ordinance on
Handling of Administrative Violations and Decree No.134/2003/ND-CP dated
November 14, 2003 of the Government detailing the implementation of a number of
Articles of the Ordinance on Handling of Administrative Violations.
2. Competence,
procedures applying coercive measures of the execution of decisions to sanction
administrative violations are implemented according to provision in the Decree
No.37/2005/ND-CP dated March 18, 2005 of the Government providing for
procedures of applying coercive measures of the execution of decisions to
sanction administrative violations.
3. The cases of
administrative violations which are sanctioned must be made into file and
archived in full at the agencies to sanction within the time limit prescribed
by law.
Article
63. Valuating goods, material evidences and violation means to determine fine
level and competent to sanction administrative violations
1. For administrative
violations of this Decree stipulated fine level according to value of
infringing goods or prescribed form of sanctions being confiscation of goods, material
evidences and means used for administrative violations must carry out the value
assessment for use as a basis for determining the fine level and competence to
sanction for administrative violations.
2. Depending on the
type of goods, material evidences and specific means, the determination of
price based on one of the bases according to priority orders as follows:
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b) Market price at
the time of detection of administrative violations;
c) The cost of goods
if not yet sold;
d) For counterfeit
goods, they shall be the market value of genuine goods or goods with the same
features, technology and utilities at the time of detection of administrative
violations;
đ) The remaining real
value of material evidences, means.
3. The heads of the
state management agencies with functions of examination, inspection and
administrative violation sanctions prescribed in this Decree detecting
administrative violations or handling the administrative violations shall be
responsible for assessing goods, violation material evidences and means used
for administrative violations for use as a basis for determining the fine level
and competence to sanction for administrative violations.
4. In case of
applying the grounds specified in clause 2 of this Article not in compliance
with or goods, material evidences and means which are difficult to value, the
heads of state management agencies specified in clause 3 of this Article shall
establish price appraisal council. Composition and working principles of price
appraisal council of goods, material evidences and means of administrative
violations shall comply with the law regulations.
5. Bases of valuation
and documents relating to the valuation of goods, material evidences and means
of administrative violations must be stated in the dossiers of sanctioning
administrative violations.
6. The valuation,
management and transfer of goods, material evidences and means of
administrative violations after having the decision on confiscation of the
competent to sanction administrative violations in the trade activities persons
is carried out in accordance with the provisions in the Decree No.134/2003/ND-CP
dated November 14, 2003 of the Government detailing the implementation of a
number of Articles of the Ordinance on Handling of Administrative Violations.
Article
64. Application of administrative violations prevention measures and ensuring
the handling of administrative violations
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2. Competence,
procedures of applying administrative violations prevention
measures and
ensuring the handling of administrative violations in trade activities are
implemented according to provisions of the Ordinance on Handling of
Administrative Violations and the Decrees of the Government guiding the
implementation of the Ordinance.
Chapter
4:
COMPLAINTS,
DENUNCIATIONS AND HANDLING OF VIOLATIONS
Article
65. Complaints, denunciations and handling of complaints, denunciations
1. Individuals
and organizations are entitled to denounce to competent state agencies on
administrative violations of organizations and individuals stipulated in this
Decree or to denounce violations of the law of persons who are competent to sanction
administrative violations in trade activities in accordance with the law.
2. Individuals
and organizations are sanctioned for administrative violations, be subjected to
administrative prevention measures, then or their legal representatives have
the right to complaint decisions of administrative violation sanctions or of
applying administrative violations prevention measures according to the law on
complaints, denunciations or sue to the competent court under the provisions of
law on procedures for settlement of administrative proceedings.
3. The
order, procedures and time limits and rights of complaints and denunciations,
and jurisdiction of settling complaints and denunciations on sanctioning
administrative violations in trade activities are carried out in accordance
with the law regulations on complaints, denunciations and settling complaints
and denunciations.
Article
66. Handling of violations to persons who are competent to sanction
administrative violations
Persons
who are competent to sanction administrative violations in trade activities
having acts of harassment, tolerating or cover up of violations, failing to
settle or settling but not timely; sanctioning with improper competence, improper
subjects to be sanctioned, improper violations to be sanctioned; application of
improper form, sanction level and other measures; appropriating, using illegally
money, goods, material evidences and violation means; impede legitimate flow of
goods, causing damages to trader, depending on the nature and seriousness of
their violations, shall be disciplined or prosecuted for penal liability and
compensation under the provisions of law.
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IMPLEMENTATION
PROVISIONS
Article
67. Effect
1. This Decree takes
effect 15 days after its publication in the Official Gazette.
2. Annulling Decree
No.175/2004/ND-CP dated October 10, 2004 of the Government on handling of
administrative violations in trade activities.
Article
68. Responsibility for the implementation
1. The
Minister of Industry and Trade takes responsibility for organizing the
implementation of this Decree.
2. The
Ministers, heads of Ministerial-level agencies, Heads of Governmental agencies,
chairmen of the People’s Committees of Cities, Provinces directly under the
Central are responsible for the implementation of this Decree./.
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FOR THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung