GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 17/2022/ND-CP
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Hanoi, January
31, 2022
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DECREE
AMENDMENT
TO DECREES IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN CHEMICALS AND
INDUSTRIAL EXPLOSIVE MATERIALS; ELECTRICITY, HYDROELECTRICITY DAM SAFETY,
EFFECTIVE AND EFFICIENT USE OF ENERGY; COMMERCE, PRODUCTION AND TRADE OF
COUNTERFEITS AND PROHIBITED GOODS, AND PROTECTION OF CONSUMER’S RIGHTS;
PETROLEUM, PETROL, OIL, AND GAS TRADING
Pursuant to Law on Governmental Organization
dated June 19, 2015; Law on amendments to Law on Government Organization and
Law on Local Governmental Organization dated November 22, 2019;
Pursuant to the Law on Imposing Penalties for
Administrative Violations dated June 20, 2012; Law on amendment to the Law on
Imposing Penalties for Administrative Violations dated November 13, 2020;
Pursuant to Law on Investment dated June 17,
2020;
Pursuant to Law on Enterprises dated June 17,
2020;
Pursuant to Commercial Law dated June 14, 2005;
Pursuant to Law on Foreign Trade Management
dated June 12, 2017;
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Pursuant to Law on Products and Goods Quality
dated November 21, 2007;
Pursuant to Law on Measurement dated November
11, 2011;
Pursuant to the Law on Tobacco Harm Prevention
and Control dated June 18, 2012;
Pursuant to the Law on Alcoholic Beverage Harm Prevention
and Control dated June 14, 2019;
Pursuant to the Law on Pharmacy dated April 06,
2016;
Pursuant to the Law on Management and Use of
Weapons, Explosive Ordinances, and Combat Gears dated June 20, 2017 and the Law
on amendments to the Law on Management and Use of Weapons, Explosive
Ordinances, and Combat Gears dated November 25, 2019;
Pursuant to Law on Chemicals dated November 21,
2007;
Pursuant to Law on Prevention and Control of
Narcotic Substances dated March 30, 2020;
Pursuant to the Law on Protection of Consumer’s
Rights dated November 17, 2010;
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Pursuant to Law on Economical and Efficient Use
of Energy dated June 17, 2010;
Pursuant to Petroleum Law dated July 6, 1993;
Law on amendments to Petroleum Law dated June 9, 2000; Law on amendments to
Petroleum Law dated June 3, 2008;
Pursuant to Law on Prices dated June 20, 2012;
Pursuant to the Law on Occupational Safety and
Hygiene dated June 25, 2015;
Pursuant to Law on Fire Prevention and
Firefighting dated June 29, 2001; Law on amendments to Law on Fire Prevention
and Firefighting dated November 22, 2013;
Pursuant to Law on Environmental Protection
dated November 17, 2020;
Pursuant to the Law on amendments to 11 Laws
related to planning dated June 15, 2018;
At request of Minister of Industry and Trade;
The Government promulgates Decree on amendment
to Decrees imposing penalties for administrative violations in chemicals and
industrial explosive materials; electricity, hydroelectricity dam safety,
effective and efficient use of energy; commerce, production and trade of
counterfeits and prohibited goods, and protection of consumer’s rights;
petroleum, petrol, oil, and gas trading.
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1. Amendment to Point a Clause 2 Article 2:
“a) An economic organization established in
accordance with the Law on Enterprise, including: Private enterprise,
joint-stock company, limited liability company, or a joint venture;”.
2. Addition of Point m after Point l Clause 3
Article 3:
“m) Mandated return of Certificate of eligibility
for producing, trading chemicals under conditional production and trade in
industrial sector; License for producing, trading chemicals under conditional
production and trade in industrial sector; License for exporting, importing
industrial precursors; License for exporting, importing Schedule 1 chemicals,
Schedule 2 chemicals, Schedule 3 chemicals; license and certificates regarding
management and use of industrial explosive materials, explosive precursors that
have been modified, altered, or otherwise fabricated to the agencies that issue
the respective certificates and license.”.
3. Addition of Article 4a and Article 4b after
Article 4:
“Article 4a. Regulations on concluded
administrative violations, ongoing administrative violations, and penalties for
repetitive administrative violations
1. Concluded violations and ongoing violations
shall be identified in accordance with Decree No. 118/2021/ND-CP dated December
23, 2021 of the Government elaborating to the Law Imposing Penalties for
Administrative Violations.
2. Penalties for repetitive administrative
violations:
a) Organizations and individuals committing
repetitive administrative violations and not mentioned under Point b of this
Clause shall be met with penalties for every administrative violation without
taking into account aggravating circumstances caused by repetitive violations
when the decisions imposing penalties for administrative violations are issued;
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Article 4b. Execution of penalties, remedial
measures, and determination of profits illegally generated by the
administrative violations
1. Implementation of decisions imposing penalties
for administrative violations shall conform to Section 2 of Chapter III of the Second
Part of the Law on Imposing Penalties for Administrative Violations and Decree
No. 118/2021/ND-CP dated December 23, 2021 of the Government elaborating to the
Law on Imposing Penalties for Administrative Violations.
2. Other notices, documents, records, or
instruments recording execution of penalties and/or remedial measures must be
included in the dossiers on imposing penalties for administrative violations in
accordance with Article 57 of the Law on Imposing Penalties for Administrative
Violations.
3. Profits illegally generated by the
administrative violations according to this Decree mean instrument, money,
objects, or other assets gained from the administrative violations committed by
the offenders and are determined as follows:
a) Illegal monetary profit means the money
generated by the offenders from the administrative violations and equals the
money generated from illegal transfer or consumption of commodities, provision
of services after deducting direct costs of commodities and services based on
dossiers and documents proving legitimacy of those costs provided by the
offenders; illegal monetary profit generated from consumption of prohibited
commodities, counterfeits, illegally imported commodities, or conditionally
provided services means all money generated from transfer or consumption of
commodities or provision of services;
b) Illegal instrument profit means all valuable
instruments that the offenders gain from the administrative violations. If
valuable instruments have been transferred, the illegal profit shall equal the
money gained at the time of transfer; if valuable instruments have been
dispersed or disposed, the illegal profit shall equal book value of
institutions that issue the valuable instruments at the time of dispersal or disposal;
c) Illegal profits that are objects or other assets
gained by the offenders from the administrative violations mean other assets
according to the Civil Code.
In case objects or other assets are not prohibited
commodities, counterfeits, or illegally imported commodities and have been
transferred, sold, or disposed, the illegal profits shall equal the monetary
equivalence of market value of the same assets or book value of the assets (if
market value is not available) or monetary value of the assets written on the
export declarations, import declarations (in case of exports, imports) of the
offenders after deducting direct costs of commodities based on documents
proving legitimacy of the costs.
In case other objects or assets are prohibited
commodities, counterfeits, or illegally imported commodities and have been
transferred or sold, the illegal profits shall equal total money received by
the offenders when they make the transfer.”.
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a) Amendments to Clause 3:
“3. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed on using outdoor chemical tanks without bunds or
other technical measures for preventing chemicals from leaking into the
environment.”;
b) Addition of Clause 4a after Clause 4:
“4a. Apply regulations on violations, penalties,
additional penalties, and remedial measures under the Decree imposing penalties
for administrative violations in labor to impose penalties for violations
regarding periodic inspection of machinery, equipment, and materials that
require strict occupational safety and hygiene in chemical production and
sale.”
5. Amendment, addition, and annulment of some
clauses of Article 14:
a) Amend to Clause 2:
“2. A fine ranging from VND 20.000.000 to VND
25.000.000 shall be imposed on failing to organize storage of hazardous
chemicals intended for use.”;
b) Annul Clause 3.
6. Amendment, addition, and annulment of some
clauses of Article 15:
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“2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed on failing to store information of chemicals
intended for production of other products and commodities.
2a. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed on failing to assign individuals specialized in
chemical safety in facilities that utilize chemicals intended for production of
other products and commodities.”;
b) Annul Clause 4.
7. Amendment, addition, and annulment of some
clauses of Article 16:
a) Amend Clause 1 and Clause 2:
“1. A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed on fabricating, altering, or otherwise modifying
Certificate of eligibility for manufacturing, trading chemicals under
conditional production and sale in industrial sector.
2. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed on:
a) Leasing, lending, mortgaging, pledging, selling,
or transferring Certificate of eligibility for manufacturing, trading chemicals
under conditional production, sale in industrial sector;
b) Renting, borrowing, receiving the mortgaged,
receiving the pledged, purchasing, receiving the transferred Certificate of
eligibility for manufacturing, trading chemicals under conditional production,
sale in industrial sector.”;
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c) Amend Clause 5:
“5. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed on manufacturing or producing chemicals under
conditional, sale at the incorrect location, in the incorrect scale, or with incorrect
type of chemicals according to the Certificate of eligibility for
manufacturing, trading chemicals under conditional production, sale in
industrial sector.”;
d) Amend Clause 7:
“7. Additional penalties:
Suspension of Certificate of eligibility for
manufacturing, trading chemicals under conditional production, sale in
industrial sector for 1 to 3 months for violations under Point a Clause 2 of
this Article and for 3 to 6 months for violations under Clause 5 of this
Article.”;
dd) Amend Clause 8:
“8. Remedial measures:
a) Mandated submission of Certificate of
eligibility for manufacturing, trading chemicals under conditional production,
sale in industrial sector which was modified, altered, or otherwise fabricated
to agencies that issue the Certificate for violations under Clause 1 of this
Article;
b) Mandated submission of profits illegally
generated by the violations under Clause 2, Clause 5, and Clause 6 of this
Article.”.
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a) Amend Clause 1 and Clause 2:
“1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed on fabricating, altering, or otherwise modifying
Certificate of eligibility for manufacturing, selling chemicals under
restricted production and sale in industrial sector.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed on:
a) Leasing, lending, mortgaging, pledging, selling,
or transferring Certificate of eligibility for manufacturing, selling chemicals
under restricted production and sale in industrial sector;
b) Renting, borrowing, receiving the mortgaged,
receiving the pledged, purchasing, receiving the transferred Certificate of
eligibility for manufacturing, selling chemicals under restricted production
and sale in industrial sector.”;
b) Annul Clause 3;
c) Amend Clause 5:
“5. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed on manufacturing, trading at incorrect location,
with incorrect scale, or with incorrect types of chemicals under restricted production
and sale in industrial sector according to the Certificate of eligibility for
manufacturing, selling chemicals under restricted production and sale in
industrial sector.”;
d) Amend Clause 7:
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Suspension of Certificate of eligibility for
manufacturing, selling chemicals under restricted production and sale in
industrial sector for 3 to 6 months for violations under Point a Clause 2 of
this Article and for 6 to 12 months for violations under Clause 5 of this
Article.”;
dd) Amend Clause 8:
“8. Remedial measures:
a) Mandated submission of Certificate of
eligibility for manufacturing, selling chemicals under restricted production
and sale in industrial sector which has been modified, fabricated, or otherwise
altered to the agencies that issue the Certificate for violations under Clause
1 of this Article;
b) Mandated submission of profits illegally
generated by the violations under Clause 2, Clause 5, and Clause 6 of this
Article.”.
9. Amendments to Article 18:
“Article 18. Violation of regulation on control
of chemicals under restricted production and sale in industrial sector
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed on selling chemicals under restricted production
and sale in industrial sector to buyers which intend to use said chemicals but
fail to fulfill regulations on the use of hazardous chemicals.
2. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed on selling chemicals under restricted production
and sale in industrial sector to buyers which intend to use said chemicals for
commercial purposes but fail to fulfill requirements for selling chemicals
under restricted production and sale in industrial sector.
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Suspension of Certificate of eligibility for
manufacturing, selling chemicals under restricted production and sale in
industrial sector for 3 to 6 months for violations under Clause 2 of this
Article.
4. Remedial measures:
Mandatory return of revenues illegally generated by
the violations under Clause 2 of this Article.”.
10. Amendment, addition, and annulment of some
clauses of Article 19:
a) Amend Clause 1:
“1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed on modifying, fabricating, or otherwise altering
contents of Industrial precursor import, export permit.”;
b) Annul Clause 3;
c) Amend Clause 4:
“4. Remedial measures:
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b) Mandated re-export or removal of imported
industrial precursors from territory of the Socialist Republic of Vietnam for
violations under Clause 2 of this Article.”.
11. Amendments to Point b Clause 5 Article 23:
“b) Mandated recall of domestically produced or
imported chemicals which have been sold or circulated on the market without
safety data sheets prepared using Vietnamese language for violations under
Clause 4 of this Article.”.
12. Amendments to some clauses of Article 24:
a) Amend Clause 2:
“2. A fine ranging from VND 4.000.000 to VND
6.000.000 shall be imposed on failing to declare accurate information about
imported chemicals in the declaration of imported chemicals via the National
Single Window Portal.”;
b) Add Clause 6a after Clause 6:
“6a. A fine ranging from VND 20.000.000 to VND
25.000.000 shall be imposed on failing to declare import chemicals in
accordance with regulations and law.”;
c) Amend Clause 7:
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Suspension of chemical import for 1 to 3 months
from the date on which decisions imposing penalties come into force for
violations under Clause 3, Clause 4, and Clause 6a of this Article.”.
13. Amendment, addition, and annulment of some
clauses of Article 26:
a) Amend Clause 1:
“1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed on:
a) Storing hazardous chemicals that are materials,
intermediate chemicals, and final product chemicals and not listed in the
chemical emergency preparedness and response measures;
b) Storing hazardous chemicals that are materials,
intermediate chemicals, and final product chemicals at a greater amount than
what has been declared in the chemical emergency preparedness and response
measures.”;
b) Annul Clause 5.
14. Amendments to Article 27:
“Article 27. Violation of regulations on
development of chemical emergency preparedness and response measures and plans
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a) A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed on failing to submit chemical emergency preparedness
and response measures in industrial sector and decisions issuing the measures
to Departments of Industry and Trade of provinces and cities where chemical
activity projects are set up within 10 working days from the date on which
decisions issuing the measures are promulgated;
b) A fine ranging from VND 3.000.000 to VND
4.000.000 shall be imposed for every missing mandatory detail of the chemical
emergency preparedness and response measures;
c) A fine ranging from VND 4.000.000 to VND
5.000.000 shall be imposed on failing to submit chemical emergency preparedness
and response measures in industrial sector and decisions issuing the measures
to Departments of Industry and Trade of provinces and cities where chemical
activity projects are set up;
d) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed on failing to store issued chemical emergency
preparedness and response measures at the chemical facilities in order for
organizations and individuals to perform safety control at the facilities and
present to competent authorities when requested;
dd) A fine ranging from VND 10.000.000 to VND
12.000.000 shall be imposed on failing to issue the developed chemical
emergency preparedness and response measures and bringing the projects into
operation;
e) A fine ranging from VND 12.000.000 to VND
15.000.000 shall be imposed on failing to amend or revise the chemical
emergency preparedness and response measures in case of any change during
investment and activities relating to details set forth in the measures;
g) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed on bringing the projects into operation without
developing chemical emergency preparedness and response measures.
2. Fines imposed on violation of regulations on
development of chemical emergency preparedness and response plans are regulated
as follows:
a) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed on failing to store approved chemical emergency
preparedness and response plans at the chemical facilities in order for
organizations and individuals to perform safety control at the facilities and
present to competent authorities when requested;
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c) A fine ranging from VND 17.000.000 to VND
20.000.000 shall be imposed on failing to obtain approval of competent
authorities for chemical emergency preparedness and response plans before
bringing the projects into operation;
d) A fine ranging from VND 20.000.000 to VND
25.000.000 shall be imposed on bringing projects into operation without
developing chemical emergency preparedness and response plans in production,
sale, use, and storage of hazardous chemicals.
3. Additional penalties:
Suspension of production or sale or use of
hazardous chemicals for 1 to 3 months from the date on which decisions imposing
penalties come into force for violations under Point g Clause 1 and Point d
Clause 2 of this Article.”.
15. Amendments to Article 29:
“Article 29. Violation of regulations on reports
1. A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed on failing to submit consolidated reports on annual
chemical activities in a timely manner.
2. A fine ranging from VND 5.000.000 to VND
7.000.000 shall be imposed on engaging in chemical activities without producing
consolidated reports on annual chemical activities on the website
chemicaldata.gov.vn or failing to produce irregular reports on chemical
activities in case of any incident, suspension of chemical activities, or when
requested by competent authorities.”.
16. Amendments to Clause 4 Article 30:
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Suspension of production of Schedule 1 chemicals
for 1 to 3 months from the date on which decisions imposing penalties come into
force for violations under Clause 3 of this Article.”.
17. Amendments to some clauses of Article 31:
a) Amend Clause 1 and Clause 2:
“1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed on editing, altering, modifying, or otherwise
fabricating the license to manufacture Schedule 1 chemicals, Schedule 2
chemicals, Schedule 3 chemicals, DOC and DOC-PSF chemicals.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed on:
a) Leasing, lending, mortgaging, pledging, selling,
or transferring license to manufacture Schedule 1, Schedule 2, Schedule 3, DOC,
and DOC-PSF chemicals;
b) Renting, borrowing, receiving the mortgaged,
receiving the pledged, purchasing, receiving the transferred license to
manufacture Schedule 1, Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals.”;
b) Amend Clause 5 and Clause 6:
“5. Additional penalties:
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b) Suspension of license to manufacture Schedule 1,
Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals for 1 to 3 months from the
date on which decisions imposing penalties come into force for violations under
Point a Clause 2 and Clause 3 of this Article.
6. Remedial measures:
a) Mandated submission of license to manufacture
Schedule 1, Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals which has been
modified, fabricated, edited, or otherwise altered to the agencies that issue
the license for violations under Clause 1 of this Article;
b) Mandatory return of revenues illegally generated
by the violations under Clause 2 and Clause 4 of this Article.”.
18. Amendment, addition, and annulment of some
clauses of Article 32:
a) Amend Clause 1:
“1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed on editing, modifying, fabricating, or otherwise
altering license to import, export Schedule 1, Schedule 2, and Schedule 3
chemicals.”;
b) Annul Clause 3;
c) Amend Clause 4:
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a) Mandated submission of license to import, export
Schedule 1, Schedule 2, and Schedule 3 chemicals which has been modified,
fabricated, edited, or otherwise altered to the agencies that issue the license
for violations under Clause 1 of this Article;
b) Mandated re-export or removal of Schedule 1,
Schedule 2, and Schedule 3 chemicals from territory of the Socialist Republic
of Vietnam for violations under Clause 2 of this Article.”.
19. Amendment, addition, and annulment of some
clauses of Article 51:
a) Annul Point d Clause 5;
b) Amend Clause 6:
“6. Remedial measures:
a) Mandatory return of revenues illegally generated
by the violations under Point a Clause 2 of this Article;
b) Mandated submission of license, certificate
regarding management and use of industrial explosive materials and explosive
precursors to agencies that issue the license and certificate for violations
under Clause 3 of this Article.”.
20. Amendment, addition, and annulment of some
clauses of Article 58:
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“c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 10.000.000;”;
b) Amend Point c Clause 2 as follows:
“c) Confiscate exhibits and instrument of
administrative violations;”.
21. Amendment, addition, and annulment of some
clauses of Article 59:
a) Amend Point c Clause 1:
“c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 1.000.000;”;
b) Amend the opening segment of Clause 2:
“2. Chief Inspectors of Departments of Industry and
Trade, Chief Inspectors of Departments of Health, Chief Inspectors of
Departments of Agriculture and Rural Development, Chief Inspectors of
Departments of Science and Technology; heads of Regional Animal Health Offices,
heads of Regional Animal Inspection Offices affiliated to Department of Animal
Health; heads of Regional Plant Inspection Offices affiliated to Department of
Plant Protection; Head of Central Region Agro-Forestry-Fisheries Quality
Assurance Office, Head of Southern Agro-Forestry-Fisheries Quality Assurance
Office affiliated to Agro-Forestry-Fisheries Quality Assurance Departments;
heads of Offices regarding plant production and protection, livestock
production and health, fisheries, and agro-fisheries quality assurance
affiliated to Departments of Agriculture and Rural Development; Head of
Department of Standards Metrology and Quality affiliated to Department of
Science and Technology; heads of inspectorates of Vietnam Chemicals Agency,
Industrial Safety Techniques and Environment Agency, Health Environment
Management Agency, Directorate of Fisheries, Directorate of Water Resources,
National Agro-Forestry-Fisheries Quality Assurance Department, Department of
Animal Health, Department of Livestock Production, Plant Protection Department,
Department of Crop Production; heads of specialized inspectorates of
Departments of Industry and Trade, Departments of Health, Departments of
Agriculture and Rural Development, Departments of Science and Technology have
the right to:”;
c) Amend Point d Clause 2:
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d) Amend Point d Clause 3:
“d) Confiscate exhibits and instruments of
administrative violation whose value does not exceed VND 70.000.000 in case of
administrative violations related to chemicals and VND 140.000.000 in case of
administrative violations related to industrial explosive materials;”;
dd) Amend the opening segment of Clause 4:
“4. Chief Inspectors of Ministry of Industry and
Trade, Ministry of Agriculture and Rural Development, Ministry of Transport,
Ministry of Science and Technology, Ministry of Natural Resources and
Environment, Ministry of Information and Communications; Director of Vietnam
Chemicals Agency, Director of Industrial Safety Techniques and Environment
Agency, Director of Health Environment Management Agency; General Director of
Directorate of Fisheries, General Director of Directorate of Water Resources,
General Director of Directorate for Roads of Vietnam, General Director of
Directorate for Standards, Metrology and Quality of Viet Nam, General Director
of Vietnam Environment Administration; Director of National
Agro-Forestry-Fisheries Quality Assurance Department, Director of Department of
Animal Health, Director of Department of Livestock Production, Director of
Plant Protection Department, Director of Department of Crop Production;
Director of Vietnam Railway Authority, Vietnam Inland Waterway Authority,
Vietnam Maritime Administration, Civil Aviation Authority of Vietnam, Vietnam
Agency for Radiation and Nuclear Safety, Director of Vietnam Telecommunication
Authority, Director of Authority of Broadcasting and Electronic Information,
Director of Authority of Press, Director of Department of Publication, Printing
and Distribution of Viet Nam, Director of Drug Administration of Vietnam,
Director of Vietnam General Department of Preventive Medicine have the right
to:”.
22. Amendment, addition, and annulment of some
clauses of Article 60:
a) Amend the opening segment of Clause 2:
“2. Heads of mobile police companies, chiefs
of stations, team captains of individuals mentioned under Clause 1 of this
Article have the right to:”;
b) Amend the opening segment of Clause 3:
“3. Heads of police authorities of communes, heads
of police stations, heads of border police posts, export-processing zone police
posts, heads of border police authorities of international airports, commanding
officers of mobile police battalions, commanding officers of naval forces have
the right to:”;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
“c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 5.000.000;”;
d) Amend the opening segment of Clause 4:
“4. Heads of district police; directors of
professional affair departments of Police Department on Administrative
Management of Social Order; directors of professional affair departments of
Traffic Police Department; directors of professional affair departments of
Vietnam Fire and Rescue Police Department; directors of provincial police,
including: Director of Police Department on Administrative Management of Social
Order, Director of Investigating Police Department for Social Order-related
Crimes, Director of Investigating Police Department for Corruption, Economic,
Smuggling Crimes, Director of Investigating Police Department for Drug-related
Crimes, Director of Traffic Police Department, Director of Road and Railway
Traffic Police Department, Director of Road Traffic Police Department; Director
of Waterway Police Department, Director of Mobile Police Department, Director
of Police Department for Prevention and Control of Environment-related Crimes,
Director of Police Department for Firefighting and Rescue, Director of Economic
Security Department, Captain of Mobile Police Regiment, Captain of Squadron
have the right to:”;
dd) Amend Point d Clause 4:
“d) Confiscate exhibits and instruments of
administrative violation whose value does not exceed VND 20.000.000 in case of
administrative violations related to chemicals and VND 40.000.000 in case of
administrative violations related to industrial explosive materials;”;
e) Amend Point d Clause 5:
“d) Confiscate exhibits and instrument of
administrative violations;”;
g) Amend the opening segment of Clause 6:
“6. Director of Economic Security Department,
Director of Police Department on Administrative Management of Social Order,
Director of Investigating Police Department for Social Order-related Crimes,
Director of Investigating Police Department for Corruption, Economic, Smuggling
Crimes, Director of Investigating Police Department for Drug-related Crimes,
Director of Traffic Police Department, Director of Vietnam Fire and Rescue
Police Department, Director of Police Department for Prevention and Control of
Environment-related Crimes, and Mobile Police Command have the right to:”.
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“Article 61. Entitlement of customs authorities
to impose penalties for administrative violations
1. Customs officials, while on duty, have the right
to:
a) Impose warnings;
b) Impose a fine up to VND 500.000.
2. Captains and leaders affiliated to Customs
Sub-departments; leaders of control teams affiliated to Customs Sub-departments
of provinces and central-affiliated cities; captains affiliated to
Post-clearance Inspection Sub-departments have the right to:
a) Impose warnings;
b) Impose a fine up to VND 5.000.000.
3. Directors of Customs Sub-departments, Directors
of Post-clearance Inspection Sub-departments, Captains of Control Teams
affiliated to Customs Departments of provinces and central affiliated cities,
Captains of Criminal Investigation Teams, Captains of Smuggling Control Teams,
Captains of Control Squadrons and Captains of Anti-counterfeit Smuggling and
Intellectual Property Protection Teams affiliated to Anti-smuggling Department;
Directors of Post-clearance Inspection Sub-departments affiliated to
Post-clearance Inspection Department have the right to:
a) Impose warnings;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 50.000.000;
d) Adopt remedial measures under Points d, dd, and
i Clause 1 Article 28 of the Law on Imposing Penalties for Administrative
Violations and Clause 3 Article 3 hereof.
4. Director of Anti-smuggling Department, Director
of Post-clearance Inspection Department affiliated to General Department of
Customs, Directors of Customs Departments of provinces and central-affiliated
cities have the right to:
a) Impose warnings;
b) Impose a fine up to VND 50.000.000;
c) Temporarily suspend the operation or certificate
of eligibility for manufacturing, selling chemicals under conditional
production and trade in industrial sector; license to manufacture and sell
chemicals under restricted production and trade in industrial sector; license
to manufacture Schedule 1, Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals;
license and certificate regarding management and use of industrial explosive
materials and explosive precursors;
d) Confiscate exhibits and instrument of
administrative violations;
dd) Adopt remedial measures under Points d, dd, and
i Clause 1 Article 28 of the Law on Imposing Penalties for Administrative
Violations and Clause 3 Article 3 hereof.
5. General Director of General Department of
Customs has the right to:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Impose a fine up to VND 50.000.000 for
administrative violations in chemicals and up to VND 100.000.000 for
administrative violations in industrial explosive materials;
c) Confiscate exhibits and instrument of
administrative violations;
d) Adopt remedial measures under Points d, dd, and
i Clause 1 Article 28 of the Law on Imposing Penalties for Administrative
Violations and Clause 3 Article 3 hereof.”.
24. Addition of Article 61a following Article 61:
“Article 61a. Entitlement of fisheries
surveillance authorities
1. Fisheries surveillance personnel, while on duty,
have the right to:
a) Impose warnings;
b) Impose a fine up to VND 2.000.000;
c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 4.000.000.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Impose warnings;
b) Impose a fine up to VND 10.000.000;
c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 20.000.000;
d) Enforce adoption of remedial measures under
Points a and i Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations.
3. Directors of Fisheries Surveillance
Sub-departments have the right to:
a) Impose warnings;
b) Impose a fine up to VND 50.000.000 for
administrative violations in chemicals and up to VND 100.000.000 for
administrative violations in industrial explosive materials;
c) Confiscate exhibits and instrument of
administrative violations;
d) Adopt remedial measures under Points a, d, and i
Clause 1 Article 28 of the Law on Imposing Penalties for Administrative
Violations and Clause 3 Article 3 hereof.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Impose warnings;
b) Impose a fine up to VND 50.000.000 for
administrative violations in chemicals and up to VND 100.000.000 for
administrative violations in industrial explosive materials;
c) Temporarily suspend the operation or certificate
of eligibility for manufacturing, selling chemicals under conditional
production and trade in industrial sector; license to manufacture and sell
chemicals under restricted production and trade in industrial sector; license
to manufacture Schedule 1, Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals;
license and certificate regarding management and use of industrial explosive
materials and explosive precursors;
d) Confiscate exhibits and instrument of
administrative violations;
dd) Adopt remedial measures under Points a, d, and i
Clause 1 Article 28 of the Law on Imposing Penalties for Administrative
Violations and Clause 3 Article 3 hereof.”.
25. Amendment, addition, and annulment of some
clauses of Article 62:
a) Amend the opening segment of Clause 2:
“2.Captains of Market Surveillance Teams, directors
of professional affair departments affiliated to Department of Market
Surveillance Practices have the right to:”;
b) Amend Point c Clause 2:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Amend Point c Clause 3:
“c) Confiscate exhibits and instrument of
administrative violations;”.
26. Amendment, addition, and annulment of some
clauses of Article 63:
a) Add Clause 2a following Clause 2:
“2a. Leaders of Task Force Teams for drug and crime
prevention and control affiliated Task Force Commissions for drug and crime
prevention and control have the right to:
a) Impose warnings;
b) Impose a fine up to VND 5.000.000 for
administrative violations in chemicals and up to VND 10.000.000 for
administrative violations in industrial explosive materials;
c) Confiscate exhibits and instruments of
administrative violation whose value does not exceed VND 10.000.000 in case of
administrative violations related to chemicals and VND 20.000.000 in case of
administrative violations related to industrial explosive materials;
d) Enforce adoption of remedial measures under
Points a and i Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations.”;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
“3. Heads of Border Guard Posts, Captains of Naval
Border Guard Flotillas and Commanders of Border Guard Commands at port border
gates have the right to:
a) Impose warnings;
b) Impose a fine up to VND 10.000.000 for
administrative violations in chemicals and up to VND 20.000.000 for
administrative violations in industrial explosive materials;
c) Confiscate exhibits and instruments of administrative
violation whose value does not exceed VND 20.000.000 in case of administrative
violations related to chemicals and VND 40.000.000 in case of administrative
violations related to industrial explosive materials;
d) Adopt remedial measures under Points a, c, d,
and dd Clause 1 Article 28 of the Law on Imposing Penalties for Administrative
Violations and Clause 3 Article 3 hereof.
3a. Leaders of Task Force Teams for drug and crime
prevention and control affiliated to the Department of Drug and Crime
Prevention and Control under the control of the Command of Border Guards have
the right to:
a) Impose warnings;
b) Impose a fine up to VND 25.000.000 for
administrative violations in chemicals and up to VND 50.000.000 for
administrative violations in industrial explosive materials;
c) Confiscate exhibits and instruments of
administrative violation whose value does not exceed VND 50.000.000 in case of
administrative violations related to chemicals and VND 100.000.000 in case of
administrative violations related to industrial explosive materials;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Amend Clause 4:
“4. Chief Commanders of provincial Border Guards;
Captains of Naval Border Guard Squadrons, and Director of the Department of
Drug and Crime Prevention and Control affiliated to the Command of Border
Guards have the right to:
a) Impose warnings;
b) Impose a fine up to VND 50.000.000 for
administrative violations in chemicals and up to VND 100.000.000 for
administrative violations in industrial explosive materials;
c) Temporarily suspend the operation or certificate
of eligibility for manufacturing, selling chemicals under conditional
production and trade in industrial sector; license to manufacture and sell
chemicals under restricted production and trade in industrial sector; license
to manufacture Schedule 1, Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals;
license and certificate regarding management and use of industrial explosive
materials and explosive precursors;
d) Confiscate exhibits and instrument of
administrative violations;
dd) Adopt remedial measures under Points a, c, d,
dd, and i Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations and Clause 3 Article 3 hereof.”.
27. Amendment, addition, and annulment of some
clauses of Article 64:
a) Amend Point c Clause 4:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Amend the opening segment of Clause 5:
“5. Captains of Naval Border Guard Squadrons; Heads
of Reconnaissance Commissions; Heads of Task Force Commissions for Drug Crime
Prevention and Control affiliated to the Command of Coast Guard of Vietnam have
right to:”;
c) Amend Point c Clause 5:
“c) Confiscate exhibits and instruments of
administrative violation whose value does not exceed VND 30.000.000 in case of
administrative violations related to chemicals and VND 60.000.000 in case of
administrative violations related to industrial explosive materials;”;
d) Amend Clause 6:
“6. Regional Commands of Coast Guard and Director
of the Department of Operations and Legislation under the control of the
Command of Coast Guard of Vietnam have the right to:
a) Impose warnings;
b) Impose a fine up to VND 25.000.000 for
administrative violations in chemicals and up to VND 50.000.000 for
administrative violations in industrial explosive materials;
c) Temporarily suspend the operation or certificate
of eligibility for manufacturing, selling chemicals under conditional
production and trade in industrial sector; license to manufacture and sell
chemicals under restricted production and trade in industrial sector; license
to manufacture Schedule 1, Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals;
license and certificate regarding management and use of industrial explosive
materials and explosive precursors;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Adopt remedial measures under Points a, c, d,
and dd Clause 1 Article 28 of the Law on Imposing Penalties for Administrative
Violations and Clause 3 Article 3 hereof.”.
28. Amendment, addition, and annulment of some
clauses of Article 65:
a) Amend Point a Clause 1:
“a) Chairpersons of People’s Committees of communes
are entitled to impose penalties for violations under Clauses 1 and 2 Article
5; Clause 1 Article 7; Clauses 1 and 2 Article 8; Point a Clause 1, Point a
Clause 3, Clause 4 Article 11; Clauses 1 and 2 Article 12; Clause 1 Article 14;
Clause 1 Article 15; Clause 1 Article 20; Article 21; Clause 1 Article 22;
Clause 1 Article 23; Clause 1 Article 24; Points a and b Clause 1, Point a
Clause 2 Article 25; Points a, b, and c Clause 1 Article 27; Article 28; Clause
1 Article 29; Clause 1 Article 30; Clause 1 Article 33; Clause 1 Article 34;
Clause 1 Article 35; Article 36; Clauses 1 and 2 Article 38; Clause 1 Article
41; Clause 1 Article 43; Clause 1 Article 44; Clause 1 Article 47; Points a, b,
and dd Clause 1 Article 49; Clause 1 Article 53; Clauses 1 and 2 Article 54;
Clause 1 Article 56 and Clause 1 Article 57 hereof that occur within their
communes.”;
b) Amendments to Point b Clause 1 as follows:
“b) Chairpersons of People’s Committees of
districts are entitled to impose penalties for violations under Article 5;
Article 6; Article 7; Article 8; Article 9; Article 10; Clause 1, Points a, b,
c, and d Clause 2, Clauses 3, 4, 5, 6 and 7 Article 11; Article 12; Article 13;
Article 14; Article 15; Article 16; Article 17; Article 18; Clause 1 Article
19; Clauses 1, 2, and 3 Article 20; Article 21; Article 22; Article 23; Article
24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30;
Article 31; Clause 1 Article 32; Article 33; Clauses 1, 2, and 3 Article 34;
Article 35; Article 36; Article 37; Clauses 1 and 2, Points a, b, c, d, and đ
Clause 3, Points a, b, c, d, and đ Clause 4, Clause 5 Article 38; Article 39;
Article 40; Article 41; Article 43; Article 44; Article 45; Article 46; Article
47; Article 48; Article 49; Article 50; Clauses 1, 2, and 3 Article 51; Clauses
1, 2, and 3 Article 52; Clauses 1, 2, 3, and 4 Article 53; Clauses 1, 2, 3, 4,
and 5 Article 54; Clause 1, 2, and 3 Article 55; Clauses 1, 2, 3, and 4 Article
56 and Article 57 hereof that occur within their districts.”;
c) Amend Point e Clause 2:
“e) Chief Inspectors of Departments of
Agriculture and Rural Development; Directors of regional Sub-departments of
Animal Health, Directors of regional Sub-departments of Animal Quarantine
affiliated to Department of Animal Health; Directors of regional
Sub-departments of Plant Quarantine affiliated to Plant Protection Department;
Director of Central region Agro - Forestry - Fisheries Quality Assurance
Sub-department, Director of Southern region Agro - Forestry - Fisheries Quality
Assurance Sub-department affiliated to the National Agro - Forestry - Fisheries
Quality Assurance Department; Directors of Sub-departments regarding
cultivation and plant protection, husbandry, animal health, aquaculture,
agro-forestry-fisheries quality assurance affiliated to Departments of
Agriculture and Rural Development; heads of specialized inspectorate of
Directorate of Fisheries, National Agro - Forestry - Fisheries Quality
Assurance Department, Department of Animal Health, Department of Livestock
Production, Plant Protection Department, Department of Crop Production; heads
of specialized inspectorates of Departments of Agriculture and Rural
Development shall impose penalties for administrative violations under Article
14; Article 15; Article 22; Article 23; Article 24; Article 25; Article 26;
Article 27; Article 28; and Article 29 hereof in cultivation, animal
production, aquaculture, animal health, plant quarantine, preservation and
processing of agricultural, forestry, fishery, and food products;”;
d) Amend Point p Clause 2:
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dd) Amend Point q Clause 2:
“q) Chief Inspectors of Ministry of Transport,
Ministry of Science and Technology, Ministry of Natural Resources and
Environment, Ministry of Information and Communications; General Director of
Directorate for Roads of Vietnam, General Director of the Directorate for Standards,
Metrology, and Quality, General Director of Vietnam Environment Administration;
Director of Vietnam Railway Authority, Director Vietnam Inland Waterway
Authority, Director of Vietnam Maritime Administration, Director of Civil
Aviation Authority of Vietnam, Director of Vietnam Agency for Radiation and
Nuclear Safety, Director of Vietnam Telecommunication Authority, Director of
Authority of Broadcasting and Electronic Information, Director of Authority of
Press, Director of Department of Publication, Printing and Distribution of Viet
Nam, Director of Director of Drug Administration of Vietnam, Director of
Vietnam General Department of Preventive Medicine shall impose penalties for
administrative violations under Chapter II hereof in accordance with Clause 4
Article 59 and their functions, tasks, and powers.”
e) Amendments to Clause 3 as follows:
“3. Entitlement of the police to impose penalties
for administrative violations:
a) Police officers, while on duty, shall impose
penalties for administrative violations under Clause 1 and Clause 2 Article 21,
Article 36 hereof;
b) Heads of company-level Mobile Police Units,
heads of stations, and team leaders in charge of managing the soldiers
mentioned under Point a Clause 1 of this Article shall impose penalties for
administrative violations under Article 21; Clause 1 Article 23, Clause 1
Article 28; Article 36 hereof;
c) Commune-level Police Chiefs, Heads of Police
Posts, Heads of Police Stations at border gates, export processing zones, Heads
of International Airport Police Offices, Majors of Mobile Police Battalions,
and Captains of Squadrons shall impose penalties for administrative violations
under Clause 1 Article 5; Article 21; Clause 1 Article 23; Clause 1 Article 28;
Article 36; Clause 1 Article 38; Clause 1 Article 53; and Clause 1 Article 54
hereof in accordance with Clause 3 Article 60 and their functions, tasks, and
powers;
d) Heads of district police; directors of
professional affair departments of Police Department on Administrative
Management of Social Order; directors of professional affair departments of
Traffic Police Department; directors of professional affair departments of
Vietnam Fire and Rescue Police Department; directors of provincial police,
including: Director of Police Department on Administrative Management of Social
Order, Director of Investigating Police Department for Social Order-related
Crimes, Director of Investigating Police Department for Corruption, Economic,
Smuggling Crimes, Director of Investigating Police Department for Drug-related
Crimes, Director of Traffic Police Department, Director of Road and Railway
Traffic Police Department, Director of Road Traffic Police Department; Director
of Waterway Police Department, Director of Mobile Police Department, Director
of Police Department for Prevention and Control of Environment-related Crimes,
Director of Police Department for Firefighting and Rescue, Director of Economic
Security Department, Captain of Mobile Police Regiment, Captain of Squadron
shall impose penalties for violations under Clauses 1 and 2 Article 5; Clause 1
Article 6; Article 7; Clauses 1, 2, and 3 Article 8; Article 9; Points a and b
Clause 1, Point a Clause 2, Clauses 3, 4, 5, and 6 Article 11; Article 12;
Clause 1 Article 13; Clause 1 Article 14; Clauses 1, 2, and 3 Article 15;
Clauses 1 and 4 Article 16; Clause 1 Article 17; Clause 1 Article 18; Clause 1
Article 19; Clauses 1 and 2 Article 20; Article 21; Clause 1 Article 22; Clause
1 Article 23; Clauses 1, 2, and 3 Article 24; Points a, b, c, and d Clause 1
and Points a and b Clause 2 Article 25; Clause 1 Article 26; Points a, b, c,
and d Clause 1 Article 27; Article 28; Article 29; Clauses 1 and 2 Article 30;
Clauses 1 and 3 Article 31; Clause 1 Article 32; Clauses 1 and 2 Article 33;
Clauses 1 and 2 Article 34; Article 35; Article 36; Article 37; Clauses 1, 2,
and 5 Article 38; Article 39; Article 40; Clauses 1 and 3 Article 41; Clause 1
Article 42; Article 43; Article 44; Clause 1 Article 45; Article 46; Article
47; Points a, b, and dd Clause 1, Clauses 2 and 3 Article 49; Clause 1 Article
50; Clause 1 Article 51; Clause 1 Article 52; Clauses 1 and 2 Article 53;
Clauses 1, 2, and 3 Article 54; Clause 2 Article 55; Clauses 1 and 2 Article
56; Clauses 1 and 2 Article 57 hereof in accordance with Clause 4 Article 60
and their functions, tasks, and powers;
dd) Directors of provincial police authorities
shall impose penalties for administrative violations under Article 5; Article
6; Article 7; Article 8; Article 9; Article 10; Clause 1, Points a, b, c, and d
Clause 2, Clauses 3, 4, 5, 6, and 7 Article 11; Article 12; Article 13; Article
14; Article 15; Article 16; Article 17; Article 18; Clause 1 Article 19;
Clauses 1, 2, and 3 Article 20; Article 21; Clause 1 Article 22; Clauses 1 and
3 Article 23; Article 24; Article 25; Article 26; Article 27; Article 28;
Article 29; Article 30; Article 31; Clause 1 Article 32; Article 33; Clauses 1,
2, and 3 Article 34; Article 35; Article 36; Article 37; Clauses 1, 2, and 5
Article 38; Article 39; Article 40; Clause 1 and 3 Article 41; Clause 1 Article
42; Article 43; Article 44; Article 45; Article 46; Article 47; Article 48;
Points a, b, and dd Clause 1, Clauses 2, 3, 4, and 5 Article 49; Article 50;
Clauses 1, 2, and 3 Article 51; Clauses 1, 2, and 3 Article 52; Clauses 1, 2,
3, and 4 Article 53; Clauses 1, 2, 3, 4, and 5 Article 54; Clauses 1, 2, and 3
Article 55; Clauses 1, 2, 3, and 4 Article 56 and Article 57 hereof;
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g) Amend Clause 4:
“4. Entitlement of customs authorities to impose
penalties for administrative violations:
a) Captains and leaders affiliated to Customs
Sub-departments; leaders of control teams affiliated to Customs Sub-departments
of provinces and central-affiliated cities; captains affiliated to
Post-clearance Inspection Sub-departments shall impose penalties for
administrative violations under Clause 1 Article 24 and Clause 1 Article 42
hereof;
b) Directors of Customs Sub-departments, Directors
of Post-clearance Inspection Sub-departments, Captains of Control Teams
affiliated to Customs Departments of provinces and central affiliated cities,
Captains of Criminal Investigation Teams, Captains of Smuggling Control Teams,
Captains of Control Squadrons and Captains of Anti-counterfeit Smuggling and
Intellectual Property Protection Teams affiliated to Anti-smuggling Department;
Directors of Post-clearance Inspection Sub-departments affiliated to
Post-clearance Inspection Department shall impose penalties for violations
under Clause 1 and Points a and b Clause 2 Article 19; Clause 4 Article 20;
Clauses 1, 2, 5, and 6 Article 24; Clause 1 and Points a and b Clause 2 Article
32; Clause 1 Article 42 hereof;
c) Director of Anti-smuggling Department, Director
of Post-clearance Inspection Department affiliated to General Department of
Customs, Directors of Customs Departments of provinces and central-affiliated
cities shall impose penalties for administrative violations under Article 19;
Clause 4 Article 20; Article 24; Article 32; Article 42; Clause 3 and Point a
Clause 4 Article 55 hereof;
d) General Director of General Department of
Customs shall impose penalties for administrative violations under Article 19;
Clause 4 Article 20; Clauses 1, 2, 5, and 6 Article 24; Article 32; Clause 1
Article 42; Clause 3 and Point a Clause 4 Article 55 hereof.”;
h) Add Clause 4a following Clause 4:
“4a. Entitlement of fisheries surveillance
authorities to impose penalties for administrative violations:
a) Captains of Fisheries Surveillance Station
affiliated to regional Fisheries Surveillance Sub-departments shall impose
penalties for administrative violations under Clauses 1 and 2 Article 8 hereof
in fisheries;
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c) Directors of Fisheries Surveillance Departments
shall impose penalties for administrative violations under Clauses 1 and 2
Article 8; Clause 2 Article 19; Article 32 hereof in fisheries.”;
i) Amend Clause 5:
“5. Entitlement of market surveillance authorities
to impose penalties for administrative violations:
a) Market control employees, while on duty, shall
impose penalties for administrative violations under Clause 1 and Clause 2
Article 21 hereof;
b) Leaders of Market Surveillance Teams and Heads
of Professional Divisions affiliated to the Departments of Market Surveillance
Operations shall impose penalties for administrative violations under Clauses 1
and 2 Article 5; Clauses 1 and 2 Article 8; Clause 1, Points a, b, c, and d
Clause 2 and Clause 3 Article 11; Article 12; Clause 1, Point b Clause 3
Article 13; Clause 1, Point b Clause 2, Clauses 4 and 6 Article 16; Clause 1,
Point b Clause 2, Clauses 4 and 6 Article 17; Clause 1 Article 18; Clause 1
Article 19; Clauses 1, 2, and 3 Article 20; Article 21; Article 22; Article 23;
Clauses 5 and 6 Article 24; Article 26; Points a, b, c, d, dd, and e Clause 1,
Points a, b, and c Clause 2 Article 27; Article 28; Article 29; Clauses 1 and 2
Article 30; Clause 1, Point b Clause 2, Clause 4 Article 31; Clause 1 Article
32; Clause 1 and 2 Article 33; Clause 1 Article 34; Clause 1 Article 35; Clause
1 Article 36; Clause 3 Article 37; Clauses 1, 2, and 5 Article 38; Clauses 1
and 3 Article 41; Clause 1 Article 42; Clause 2 Article 43; Article 44; Article
45; Article 48; Clauses 1, 2, and 3 Article 49; Clause 1 Article 51; Clause 1
Article 52; Clause 1 and 2 Article 53; Clauses 1, 2, and 3 Article 54; Clauses
1 and 2 Article 55 hereof;
c) Directors of Departments of Market Surveillance
of provinces and Directors of Departments of Market Surveillance Professional
Affairs affiliated to the Vietnam Directorate of Market Surveillance shall
impose penalties for administrative violations under Article 5; Article 6;
Article 7; Article 8; Article 9; Article 10; Clauses 1, 2, and 3 Article 11;
Article 12; Article 13; Article 16; Article 17; Article 18; Article 19; Article
20; Article 21; Article 22; Article 23; Clauses 5,6, and 6a Article 24; Article
26; Article 27; Article 28; Article 29; Article 30; Article 31; Article 32;
Article 33; Article 34; Article 35; Article 37; Article 38; Article 39; Clause
2 Article 40; Article 41; Article 42; Article 43; Article 44; Article 45;
Article 48; Clauses 1, 2, and 3 Article 49; Clauses 1, 2, and 3 Article 51;
Clause 1 and Points a, c, and d Clause 3 Article 52; Clauses 1, 2, 3, and 4
Article 53; Clauses 1, 2, 3, 4, and 5 Article 54; Clauses 1, 2, 3, and 4
Article 55 hereof;
d) General Director of Directorate of Market
Surveillance shall impose penalties for administrative violations under Article
5; Article 6; Article 7; Article 8; Article 9; Article 10; Clauses 1, 2, and 3
Article 11; Article 12; Article 13; Article 16; Article 17; Article 18; Article
19; Article 20; Article 21; Article 22; Article 23; Clauses 5, 6, and 6a
Article 24; Article 26; Article 27; Article 28; Article 29; Article 30; Article
31; Article 32; Article 33; Article 34; Article 35; Article 37; Article 38;
Article 39; Clause 2 Article 40; Article 41; Article 42; Article 43; Article
44; Article 45; Article 48; Clauses 1, 2, and 3 Article 49; Article 51; Clause
1, Points a, c, and d Clause 3 Article 52; Article 53; Article 54 and Article
55 hereof.”;
k) Amend Clause 6:
“6. Entitlement of Border Guard to impose penalties
for administrative violations:
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b) Heads of border guard stations and leaders of
soldiers of border guard forces shall impose penalties for administrative
violations under Article 21; Clause 1 Article 23; Clause 1 Article 42; Clause 1
Article 54 hereof;
c) Leaders of Task Force Teams for drug and crime
prevention and control affiliated to Task Force Commissions for drug and crime
prevention and control shall impose penalties for administrative violations
under Clauses 1 and 2 Article 8; Clauses 1 and 2 Article 12; Clause 1 Article
15; Clause 1 Article 16; Clause 1 Article 17; Clause 1 Article 19; Clause 1
Article 20; Article 21; Clause 1 Article 23; Clause 1 Article 31; Clause 1
Article 32; Clause 1 and 3 Article 41; Clause 1 Article 42; Clause 1 Article
44; Clauses 1, 2, and 3 Article 54; Clause 1 Article 56 hereof;
d) Heads of Border Guard Posts, Captains of Naval
Border Guard Flotillas and Commanders of Border Guard Commands at port border
gates shall impose penalties for administrative violations under Clauses 1, 2,
and 3 Article 8; Article 12; Clause 1 Article 13; Clauses 1 and 2 Article 15;
Clauses 1 and 4 Article 16; Clause 1 Article 17; Clause 1 and Point a Clause 2
Article 19; Clauses 1 and 2 Article 20; Article 21; Clause 1 Article 23; Clause
1 Article 31; Clause 1 and Point a Clause 2 Article 32; Clauses 1 and 3 Article
41; Clause 1 Article 42; Article 44; Clause 1 Article 51; Clauses 1, 2, and 3
Article 54; Clause 2 Article 55; Clauses 1 and 2 Article 56 hereof;
dd) Leaders of Task Force Teams for drug and crime
prevention and control affiliated to the Department of Drug and Crime
Prevention and Control under the control of the Command of Border Guards shall
impose penalties for administrative violations under Article 8; Article 12;
Article 13; Clauses 1, 2, and 2a Article 15; Clause 1, Point b Clause 2, Clause
4 and Clause 6 Article 16; Clause 1, Point b Clause 2, Clause 4 and Clause 6
Article 17; Clause 1 and Points a and b Clause 2 Article 19; Article 20;
Article 21; Clauses 1, 3, and 4 Article 23; Clause 1, Point b Clause 2 and
Clause 4 Article 31; Clause 1 and Points a and b Clause 2 Article 32; Clause 1
and 3 Article 41; Clause 1 Article 42; Clause 1 Article 44; Clause 1 Article
51; Clauses 1, 2, 3, 4, and 5 Article 54; Clauses 1, 2, 3, and 4 Article 55;
Clauses 1 and 2 Article 56 hereof;
e) Commanders of Provincial-level Border Guard
Forces, Captains of Naval Border Guard Squadrons, and Director of the
Department of Drug and Crime Prevention and Control affiliated to the Command
of Border Guards shall impose penalties for administrative violations under
Article 8; Article 12; Article 13; Clauses 1, 2, and 2a Article 15; Article 16;
Article 17; Article 19; Article 20; Article 21; Clause 1, 3, 4 Article 23;
Article 31; Article 32; Clause 2 and 3 Article 34; Clause 1 and 3 Article 41;
Article 42; Article 44; Article 51; Article 54; Article 55 and Article 56 hereof.”;
l) Amend Point dd, Point e, and Point g Clause 7:
“dd) Captains of Naval Border Guard
Squadrons; Heads of Reconnaissance Commissions; Heads of Task Force Commissions
for Drug Crime Prevention and Control under the control of the Command of Coast
Guard of Vietnam shall impose penalties for administrative violations under
Article 8; Article 12; Clauses 1 and 2 Article 13; Clauses 1, 2, and 2a Article
15; Clauses 1, 4, and 5 Article 16; Clauses 1 and 4 Article 17; Clause 1 and
Point a Clause 2 Article 19; Clauses 1, 2, and 3 Article 20; Article 21;
Clauses 1 and 3 Article 23; Clause 1 Article 31; Clause 1 and Point a Clause 2
Article 32; Clauses 1 and 3 Article 41; Clause 1 Article 42; Article 43;
Article 44; Clause 1 Article 51; Clauses 1, 2, 3, and 4 Article 54; Clauses 2
and 3 Article 55; Clauses 1, 2, and 3 Article 56 hereof;
e) Regional Commands of Coast Guard, Director of
the Department of Operations and Legislation under the control of the Command
of Coast Guard of Vietnam shall impose penalties for administrative violations
under Article 8; Article 12; Article 13; Article 15; Clauses 1 and 4 Article
16; Clauses 1 and 4 Article 17; Clause 1 and Points a and b Clause 2 Article
19; Article 20; Article 21; Clauses 1, 3, and 4 Article 23; Clauses 1 and 3
Article 31; Clause 1 and Points a and b Clause 2 Article 32; Clauses 1 and 3
Article 41; Clause 1 Article 42; Article 43; Article 44; Points b, c, and d
Clause 1 Article 48; Clauses 1 and 3 Article 51; Clauses 1, 2, 3, 4, and 5
Article 54; Clauses 2, 3, and 4 Article 55; Clauses 1, 2, 3, and 4 Article 56
hereof;
g) Commander of Vietnam Coast Guard shall impose
penalties for administrative violations under Article 8; Article 12; Article
13; Article 15; Clauses 1 and 4 Article 16; Clauses 1 and 4 Article 17;
Articles 19, 20, and 21; Clauses 1, 3, and 4 Article 23; Clauses 1 and 3
Article 31; Articles 32 and 39; Clauses 2 and 3 Article 34; Clauses 1 and 3
Article 41; Article 42; Article 43; Article 44; Points b, c, and d Clause 1
Article 48; Clause 1, Points b and c Clause 2, Clause 3, Clause 4 Article 51;
Article 54; Clauses 2, 3, and 4, Clause 5 Article 55; Article 56 hereof.”.
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1. Amendment to title of the Decree:
“Decree imposing penalties for administrative
violations in electricity”.
2. Amendments to Article 1:
“Article 1. Scope
This Decree prescribes administrative violations,
penalties, fines, remedial measures; procedures and entitlement to produce
notice of administrative violations, entitlement to impose penalties for
administrative violations in electricity, including:
1. Regulations on electrical permit.
2. Regulations on design, construction,
commissioning, and operation of electrical structures.
3. Regulations on electricity generation,
transmission, and distribution.
4. Regulations on electricity sale and retailing.
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6. Regulations on electrical safety: Implementation
of safety measures when building electrical structures; operation, repair, and
maintenance of power plants, power line, electrical substations, and electrical
equipment; inspection of electrical equipment, tools, and materials; use of
electricity in business, production, and daily activities.
7. Regulations on load dispatch.
8. Regulations on electricity market.
9. Regulations on management of safety operation of
dams and hydroelectricity reservoirs.
10. Regulations on safety assurance
11. Regulation on safety assurance of buffer zones
of hydroelectricity dams.
12. Regulation on energy accounting.
13. Regulation on effective and efficient energy
consumption in industrial manufacturing, construction, transport, and
agricultural production.
14. Regulation on management and effective,
efficient energy consumption in primary energy users.
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16. Regulation on production, import, sale of
equipment and instrument using energy listed under the lists of equipment and
instruments for elimination and energy labeling.
17. Regulation on energy consumption in production
and sale.
18. Regulation on report on energy consumption and
procurement of entities utilizing state budget.”.
3. Addition of Article 1a following Article 1:
“Article 1a. Regulated entities
1. Vietnamese and foreign organizations,
individuals (hereinafter referred to as “organizations and individuals”) which
commit administrative violations mentioned under this Decree within Vietnamese
territory.
Organizations which are the subject of penalties
for administrative violations in accordance with this Decree include:
a) Organizations engaging in electricity
activities, including: Electricity generating units, Electricity transmitting
units; Electricity distributing units, Electricity wholesalers, Electricity
retailers, Electricity regulating units, Electricity market coordinating units;
Electricity consultants;
b) Organizations engaging in energy accounting;
facilities providing energy accounting training and issuing energy accounting
certificate; facilities providing energy management training and issuing energy
management certificate;
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d) Other organizations established in accordance
with regulations and law committing violations under this Decree.
2. Competent individuals entitled to produce
offence notice, impose penalties for administrative violations and other
relevant individuals and regulations.”.
4. Amendments to Article 2:
“Article 2. Regulation on prescriptive period,
concluded administrative violations, ongoing administrative violations, and
repetitive administrative violations
1. Prescriptive period of violations in
electricity, effective and efficient energy use shall be 1 year; prescriptive
period of violations in manufacturing and import of equipment and instruments
using energy effectively and efficiently shall be 2 years.
2. Concluded violations and ongoing violations
shall be identified in accordance with Decree No. 118/2021/ND-CP dated December
23, 2021 of the Government elaborating to the Law Imposing Penalties for
Administrative Violations.
3. Penalties for repetitive administrative
violations:
a) Organizations and individuals which commit
repetitive administrative violations shall be met with aggravating
circumstances which will then be used by competent individuals entitled to
impose penalties when issuing decisions imposing penalties for administrative
violations, except for cases under Point b of this Clause;
b) Organizations and individuals which commit
repetitive administrative violations which will be subject to penalties
depending on value, quantity, amount, or type of exhibits or instruments of
violations according to this Decree shall be met with penalties for each
violation and competent individuals entitled to impose penalties for
administrative violations shall not adopt multiple aggravating circumstances
when issuing decisions imposing penalties for each administrative violation.”.
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“Article 3. Forms of penalties for
administrative violations and fine amounts
1. Main forms of penalty:
a) Warnings;
b) Fine.
2. Additional penalties:
a) Confiscation of exhibits and instrument of
administrative violations;
b) Temporary suspension of the license of
operation;
c) Temporary suspension of electricity-related
activities; temporary suspension of energy labeling activities.
3. Fine amount:
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b) Fines mentioned under Chapter II hereof shall be
imposed on violations committed by individual offenders, except for
administrative violations committed by organization offenders under Article 5,
Article 7, Article 8, Clause 2 through Clause 6 Article 9, Article 10, Clause 4
and Clause 6 through Clause 9 Article 11, Article 13, Article 14, Article 20,
Clause 2 Article 21, Article.”.
6. Amendments to Article 4:
“Article 4. Remedial measures
1. Mandated restoration to original state.
2. Mandated re-export of commodities, items, and
instruments of violations.
3. Mandated disposal of commodities, items, and
instruments of violations which cause harm to human health, domestic animal
health, and the environment.
4. Mandated elimination of factors of violations
from commodities, commodity packaging; elimination of electricity generator
groups.
5. Mandated recall of unqualified products and
commodities in circulation (including energy labels applied to equipment,
instruments, and products).
6. Mandated recall or re-selling of contributed
capital or purchased shares of generating units.
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8. Mandated submission of illegal revenues
generated by the administrative violations to state budget or return to
organizations and individuals which paid the revenues (including all costs
incurred as a result of the violations (if any)).
9. Mandated testing and inspection of equipment;
quality inspection of partial or total construction which has been completed,
commissioned, transferred, or brought into use.
10. Mandated replacement and installation of
electrical equipment and parts satisfying standards and technical regulations
issued by competent authorities or mandated use of equipment that has been
inspected and satisfying standards and regulations issued by competent
authorities or mandated use of lighting equipment satisfying technical
regulations on effective and efficient use of energy in public lighting.
11. Mandated investment and maintenance of regular
operation of communication equipment, SCADA/EMS, electrical measuring
instrument, AGC, PSS systems.
12. Mandated maintenance of primary frequency
control and voltage regulation.
13. Mandated selection eligible and capable
organizations and individuals.
14. Mandated additional installation of warning
systems in downstream areas.
15. Mandated addition of warning signs and warning
systems for radius of hydroelectricity structures and warning buoys in lakes
within the protected vicinity of upstream side of dams.
16. Mandated installation of operational monitoring,
communication, and safety warning systems for dams and downstream side of dams.
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18. Mandated cancellation of energy accounting
certificate and disclosure of list of violating certificate to organizations
issuing energy accounting certificate; mandated revocation of certificate, test
results, energy management certificate, energy accounting certificate, and
certificate of energy management course completion.
19. Mandated suspension of circulation of
equipment, instrument, and machinery.”.
7. Annulment of the title of Section 1 “Section.
Electricity sector” under Chapter II.
8. Amendments to Article 5:
“Article 5. Violation of regulation on
electrical permit
1. Impose a fine ranging from VND 5.000.000 to VND
10.000.000 on organizations which fail to store the original copies of
Electrical permit at head office of the organizations or fail to store copies
of Electrical permit at agent offices of the organizations.
2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed on organizations which:
a) Fail to submit report within the time limit
applicable to annual reports on operation in the licensed sector;
b) Fail to adopt procedures for revising Electrical
permit within 30 days from the date on which name or address of head office is
changed.
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a) Engage in electricity activities during the
period in which Electrical permit is missing or lost without reporting to
issuing agencies;
b) Fail to report to issuing agencies within 60
days prior to ceasing to engage in electricity activities or transferring
electricity activities if Electrical permit is not expired.
4. A fine ranging from VND 90.000.000 to VND
120.000.000 shall be imposed on organizations which:
a) Fail to adopt procedures for revising Electrical
permit within 30 days from the date on which any content of the Electrical
permit is changed, except for violations under Point b Clause 2 of this
Article;
b) Fail to adequately adhere to Electrical permit,
except for other violations under this Decree;
c) Repair, lease, lend, rent, or borrow Electrical
permit.
5. A fine ranging from VND 120.000.000 to VND
160.000.000 shall be imposed on organizations which:
a) Fail to provide truthful and accurate
applications for issuance, revision of the permit;
b) Engage in electricity activities when the
Electrical permit has expired;
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6. A fine ranging from VND 160.000.000 to VND
200.000.000 shall be imposed on organizations which:
a) Engage in electricity activities without
Electrical permit, except for violations under Point b Clause 5 of this
Article;
b) Engage in electricity activities during the
period in which Electrical permit is suspended by competent authorities.
7. Remedial measures:
a) Mandated submission of issued Electrical permit
for violations under Point c Clause 4 and Point a Clause 5 of this Article;
b) Mandated submission of revenues illegally
generated by administrative violations which are the revenues that the
offenders gain from electricity activities during violation to state budget for
violations under Point c Clause 4, Point b Clause 5, and Clause 6 of this
Article.”.
9. Amendments to Article 6:
“Article 6. Violation of regulations on construction,
installation of electrical structures
1. A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed on hindering organizations and individuals from
repairing or constructing electrical structures.
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3. A fine ranging from VND 30.000.000 to VND
60.000.000 shall be imposed on:
a) Installing and using materials, electrical
equipment which does not adhere to design, does not satisfy standards and
technical regulations issued by competent authorities;
b) Issuing and forcing adoption of standards
related to construction and installation of electrical structures which do not
conform to standards and technical regulations issued by competent authorities.
4. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed on:
a) Selecting ineligible organizations and
individuals to provide consultancy in electricity or construct electrical
structures;
b) Constructing or installing electrical structures
without adhering to electricity development planning;
c) Commencing construction or constructing
electrical structures without obtaining construction permit if required or
without fulfilling requirements for commencing construction;
d) Failing to submit reports to competent
authorities after commencing construction;
dd) Bringing structures or work items into
operation and use without obtaining written approval of commissioning results
issued by competent authorities.
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a) Mandated restoration to original state for
violations under Clause 2 and Point b Clause 4 of this Article;
b) Mandated replacement or installation of
electrical equipment satisfying standards and technical regulations issued by
competent authorities for violations under Point a Clause 3 of this Article;
c) Mandated selection of eligible organizations and
individuals for violations under Point a Clause 4 of this Article;
d) Mandated submission of illegal revenues
generated by the violations which are the revenues that the offenders gain from
electricity generation to state budget and mandated quality inspection for
structures which have been completed or commissioned, transferred, and brought
into operation in part or in whole for violations under Point dd Clause 4 of
this Article.”.
10. Amendments to Article 7:
“Article 7. Violations of regulations on
electricity generation
1. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed on Generating units which fail to provide
information on electricity generation readiness, reserve capacity,
implementation of operational methods of electricity generation plants, and
information related to electricity generation for National power system
dispatching units, Entities conducting transactions in electricity market or
electricity regulators in accordance with Circulars regulating competitive
electricity market, regulations on electricity transmission system, and
regulations on electricity transmission system issued by Ministry of Industry
and Trade.
2. A fine ranging from VND 60.000.000 to VND
100.000.000 shall be imposed on Generating units which:
a) Fail to periodically test and inspect equipment;
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c) Fail to adhere to procedures, standards, technical
procedures issued by competent authorities regarding connection and operation
of power plants, electrical grids.
3. A fine ranging from VND 120.000.000 to VND
150.000.000 shall be imposed on Generating units which:
a) Fail to provide inaccurate information on
readiness of machine groups and power plants;
b) Fail to invest in communication, SCADA/EMS,
electrical measuring instrument, AGC, and PSS systems;
c) Fail to maintain regular operation of
communication, SCADA/EMS, electrical measuring instrument, AGC, PSS systems
which have been invested;
d) Fail to maintain primary frequency control
capacity at written request of National power system dispatching units;
dd) Fail to maintain voltage regulation capacity of
the power plants at written request of National power system dispatching units.
4. Remedial measures:
a) Mandated testing and inspection of equipment;
replacement of equipment not satisfying standards and technical regulations
issued by competent authorities and mandated submission of illegal revenues
generated by the violations to the victims (including all costs incurred as a
result of the violations (if any)) for violations under Point a and Point b
Clause 2 of this Article; if the victims cannot be identified, submit the
illegal revenues to state budget;
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c) Mandated maintenance of primary frequency
control capacity and voltage regulation capacity for violations under Point d
and Point dd Clause 3 of this Article.”.
11. Amendments to Article 8:
“Article 8. Violation of regulations on electrical
transmission
1. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed on Power transmitting units which fail to provide
information on load capacity and operation modes, provision of equipment and
information related to electrical transmission at written request of National
power system dispatching units, Electricity market transaction operating units,
or Electricity regulatory authorities.
2. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed on Power transmitting units which:
a) Allow connection of equipment which does not
meet standards and technical regulations issued by competent authorities to
electrical transmission grids;
b) Use electrical measuring instruments which have
not been inspected or fail to meet standards and technical regulations
applicable to electrical measuring instruments of electrical transmission grids
issued by competent authorities.
3. A fine ranging from VND 100.000.000 to VND
120.000.000 shall be imposed on Power transmitting units which:
a) Fail to adhere to procedures and technical
regulations on operation of electrical grids;
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c) Provide inaccurate information on operational
status of electrical grids thereby causing damage to electrical transmission;
d) Fail to invest in communication, SCADA/EMS,
electrical measuring instrument systems;
dd) Fail to maintain regular operation of invested
communication, SCADA/EMS systems.
4. A fine ranging from VND 120.000.000 to VND
160.000.000 shall be imposed on Power transmitting units which:
a) Fail to remediate and restore original
operational status of electrical transmission grids thereby causing
interruption to power supply or overload of electrical equipment on electrical
transmission grids within the time limit in accordance with Regulations on
electricity transmission system issued by Ministry of Industry and Trade
without a justifiable reason;
b) Fail to cease or request National power system
dispatching units to reduce transmission load in case of risk to human lives
and safety of equipment;
c) Approve connection to load, power sources in a
manner that overloads the line, high voltage transformer substations,
ultra-high voltage transformer substations in regular operational conditions,
except for cases where approval is granted by competent authorities.
5. A fine ranging from VND 160.000.000 to VND
200.000.000 shall be imposed on Power transmitting units which:
a) Fail to construct or delay construction of
electrical grids from connection points of Power generating units, Electricity
distributing units when these units have met all requirements and standards,
technical regulations issued by the authorities for connecting to the national
power system without a justifiable reason approved by Electricity regulatory
authorities;
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c) Contribute capital to Power generating units;
purchase shares of Power generating units.
6. Remedial measures:
a) Mandated testing and inspection of equipment and
replacement of equipment that does not meet standards and technical regulations
issued by the authorities for violations under Point b Clause 2 of this
Article;
b) Mandated recall of contributed capital or
purchased shares of Power generating units for violations under Point c Clause
5 of this Article;
c) Mandated investment and maintenance of regular
operation of communication devices, SCADA/EMS, electrical measuring instruments
for violations under Point d and Point dd Clause 3 of this Article.”.
12. Amendments to Article 9:
“Article 9. Violation of regulation on
electricity distribution
1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed on:
a) Removing or installing measuring instruments
when not being assigned to do so;
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c) Failing to obtain professional cards before
calibrating measuring instruments installed along electrical grids;
d) Failing to obtain Certificate of inspection or
inspection stamp or inspection seal when inspecting electrical measuring
instruments;
dd) Failing to commission within the time limit
after installing, replacing, repairing, or calibrating electrical measuring
instruments.
2. A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed on Electricity distributing units which fail to
produce reports on readiness, reserve capacity, and electricity distribution
equipment, electricity use demand of their areas at request of National power
system dispatching units, Electricity market transaction operating units,
Electricity regulatory authorities, or competent authorities.
3. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed on Electricity distributing units which:
a) Fail to inspect, repair, or replace electrical
measuring instruments or fail to adopt replacement measures within 3 working
days starting from the date on which written request of electricity buyers;
b) Fail to rectify incidents within 2 hours from
the date on which the incidents are discovered or notice of the buyers is
received regarding incidents of electrical grids under management of the
sellers in order to restore electrical supply without a justifiable reason;
c) Fail to satisfy customer service quality
requirements.
4. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed on Electricity distributing units which:
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b) Reach an agreement to connect electrical
stations, power plants, or lines to 100 kV electrical grids in a manner that
does not conform to electricity development planning approved by competent
authorities;
c) Utilize electrical measuring instruments that
are not inspected as per the law or do not satisfy standards and technical
regulations issued by competent authorities;
d) Utilize electrical measuring instruments that do
not conform to National standards or are not inspected and sealed by competent
authorities or designated metrology organizations;
dd) Fail to exercise the right to suspend or reduce
electricity supply; fail to notify or fail to implement the notice in
accordance with Regulations on procedures for suspending, reducing electricity
supply issued by Ministry of Industry and Trade;
e) Suspend or reduce electricity supply for
priority users in case of electricity shortage, except for cases of potential
risk to safety of humans, electrical equipment, or electrical systems.
5. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed on Electricity distributing units which:
a) Fail to provide electricity distribution
services which have satisfied standards, technical regulations issued by the
authorities, service quality and safety according to contracts for electricity
users, Electricity retailers, and Electricity wholesalers, except for cases
where electricity distribution grids are overloaded and confirmed by
electricity regulatory authorities or assigned agencies;
b) Provide inaccurate information thereby affecting
safety, causing damage to electricity distribution;
c) Fail to invest in communication, SCADA/EMS,
electrical measuring instrument systems;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. A fine ranging from VND 100.000.000 to VND
120.000.000 shall be imposed on Electricity distributing units which:
a) Shed load or power sources; reduce electricity
generation in a manner that does not adhere to plans approved by competent
authorities;
b) Use electrical structures not under one’s
management to supply electricity for other electricity users;
c) Approve connection to load, power sources in a
manner that overloads the line, high voltage transformer substations, and
ultra-high transformer substations in regular operational conditions, except
for cases where approval is granted by the authorities;
d) Suspend electricity supply due to technical
errors which occur as a result of violation of operational procedures or
untested, uninspected equipment.
7. Remedial measures:
a) Mandated testing and inspection of electrical measuring
instruments and replacement of instruments that do not meet standards and
technical regulations issued by the authorities for violations under Point c
and Point d Clause 4 of this Article;
b) Mandated investment and maintenance of regular
operation of communication devices, SCADA/EMS, electrical measuring instruments
for violations under Point c and Point d Clause 5 of this Article.”.
13. Amendments to Article 10:
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1. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed on Electricity wholesalers which sell electricity
for the price which is not prescribed by the authorities.
2. A fine ranging from VND 100.000.000 to VND
120.000.000 shall be imposed on Electricity generating units, Electricity
wholesalers, and Electricity retailers which produce electricity trading
contracts that do not conform to regulations and law on term electricity
trading contracts.
3. A fine ranging from VND 120.000.000 to VND
150.000.000 shall be imposed on Electricity generating units, Electricity
wholesalers, and Electricity retailers which trade electricity with entities
that do not have Electrical permit.
4. A fine ranging from VND 150.000.000 to VND
180.000.000 shall be imposed on Electricity wholesalers which export or import
electricity without permission of the authorities.
5. Remedial measures:
a) Mandated refund of illegal revenues generated by
selling electricity at a price higher than the prescribed price (including all
costs incurred because of the violations) to the victims for violations under
Clause 1 of this Article. If the victims cannot be identified, the illegal
revenues shall be submitted to the state budget;
b) Mandated submission of illegal revenues
generated by the administrative violations to the state budget for violations
under Clause 3 and Clause 4 of this Article.”.
14. Amendments to Article 11:
“Article 11. Violation of regulations on
electricity retail
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b) Posting incorrect electricity retail price
publicly.
3. A fine ranging from VND 2.000.000 to VND 3.000.000
shall be imposed on hindering persons in the performance of their duty who are
inspecting, examining electricity trade.
4. A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed on Electricity retailers which:
a) Fail to sign electricity trading contracts after
7 working days from the date on which electricity buyers which buy electricity
for domestic purposes have satisfied all requirements and negotiated details in
the draft contracts without a justifiable reason;
b) Utilize electrical measuring instruments that
are not inspected as per the law or do not satisfy standards and technical
regulations issued by competent authorities applicable to electrical
distribution grids;
5. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed on taking advantage of the occupation to harass
electricity users for personal gain.
6. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed on Electricity retailers which:
a) Fail to sign electricity trading contracts for
non-domestic purposes after 7 working days from the date on which electricity
buyers have satisfied all requirements and negotiated details in the draft
contracts without a justifiable reason;
b) Sell electricity without electricity trading
contracts with electricity users.
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a) Sell electricity at a price not regulated by the
authorities;
b) Fail to exercise the right to suspend or reduce electricity
supply; fail to notify or fail to implement the notice in accordance with
Regulations on procedures for suspending, reducing electricity supply issued by
Ministry of Industry and Trade;
8. A fine ranging from VND 120.000.000 to VND
150.000.000 shall be imposed on Electricity retailers which purchase
electricity from electricity entities that lack Electrical permit.
9. A fine ranging from VND 150.000.000 to VND
180.000.000 shall be imposed on Electricity wholesalers which export or import
electricity without permission of the authorities.
10. Remedial measures:
a) Mandated refund of illegal revenues generated by
selling electricity at a price higher than the prescribed price (including all
costs incurred because of the violations) to the victims for violations under
Point a Clause 7 of this Article. If the victims cannot be identified, the
illegal revenues shall be submitted to the state budget;
b) Mandated testing and inspection of electrical
measuring instruments and replacement of instruments that do not meet standards
and technical regulations issued by the authorities for violations under Point
b Clause 4 of this Article;
c) Mandated submission of illegal revenues
generated by the administrative violations to the state budget for violations
under Clause 5 and Clause 9 of this Article.”.
15. Amendments to Article 12:
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1. A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed on hindering competent individuals from inspecting
electricity use.
2. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed on:
a) Unintentionally causing error in electrical
system of the sellers;
b) Supplying electricity to other organizations and
individuals without permission.
3. A fine ranging from VND 5.000.000 to VND
8.000.000 shall be imposed on installing, closing, opening, repairing,
relocating, or replacing electrical equipment and instruments of the sellers.
4. A fine ranging from VND 8.000.000 to VND
10.000.000 shall be imposed on closing the circuit without permission when
electricity structures of the buyers have not been commissioned or when
electricity supply is being suspended as a result of violation of the law.
5. A fine ranging from VND 10.000.000 to VND 14.000.000
shall be imposed on:
a) Damaging or relocating electricity measuring
system without permission (including meter protection boxes, seals, and
electrical wiring diagrams);
b) Using equipment in order to interfere and damage
data transmission equipment, measuring instruments, or protection equipment of
electrical systems.
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7. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed on major electricity users which:
a) Fail to use electricity in accordance with
request of National power system dispatching units when the system’s capacity
is limited; fail to adopt measures for ensuring voltage standards agreed upon
in electricity trading contracts;
b) Connect electrical equipment or connecting
equipment which fails to satisfy standards and technical regulations issued by
competent authorities to the national electricity grids;
c) Fail to execute operation orders of National
power system dispatching units;
d) Fail to cut electricity or reduce electricity
use at request of the sellers due to force majeure;
dd) Fail to invest in communication, SCADA/EMS,
electrical measuring instrument systems;
e) Fail to maintain regular operation of invested
communication systems, SCADA/EMS/DMS, and electrical measuring instruments.
8. Fine imposed on electricity theft in any shape
or form shall be as follows:
a) A fine ranging from VND 4.000.000 to VND
10.000.000 shall be imposed on electricity theft where total stolen electricity
is worth less than VND 1.000.000;
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9. Upon discovering electricity theft where total
stolen electricity is worth at least VND 2.000.000, competent individuals receiving
the case must transfer the case file to competent criminal proceedings agencies
for criminal prosecution in accordance with Clause 1, Clause 2, and Clause 4
Article 62 of the Law on Imposing Penalties for Administrative Violations. In
case the criminal proceedings agencies issue decisions on not pursuing criminal
prosecution, decisions annulling the decisions pursuing criminal prosecution,
decisions on suspending investigation, decisions on dismissing the case,
decisions on removing the defendants, exempting from criminal liabilities if
the violations indicate administrative violations, transfer the case files to
competent individuals entitled to impose penalties for administrative
violations in accordance with Clause 3 Article 62 and Article 63 of the Law on
Imposing Penalties for Administrative Violations in order to impose penalties
for administrative violations in accordance with Point b Clause 8 of this
Article.
10. Additional penalties:
Confiscation of exhibits and instruments of
administrative violations for violations under Clause 5, Point b Clause 7,
Clause 8, and Clause 9 of this Article.
11. Remedial measures:
a) Mandated restoration to original state for
violations under Clause 3 and Clause 5 of this Article;
b) Mandated refund of illegal revenues generated by
the administrative violations (including all costs incurred as a result of the
violation) to the victims for violations under Point a Clause 5, Clause 6,
Clause 8, and Clause 9 of this Article. In case the victims cannot be identified,
the illegal revenues shall be submitted to the state budget for violations
under Clause 6 of this Article;
c) Mandated the use of equipment that satisfies all
standards and technical regulations issued by the authorities for violations
under Point b Clause 7 of this Article;
d) Mandated investment and maintenance of regular
operation of communication devices, SCADA/EMS, electrical measuring instruments
for violations under Point dd and Point e Clause 7 of this Article.”.
16. Amend Article 13 as follows:
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1. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed on National power system dispatching units which
dispatch electricity system without complying with applicable regulations and
law without a justifiable reason but have not caused any incident to the
electrical system.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed on Electricity generating units, Electricity
transmitting units which fail to report incidents, irregular working conditions
of equipment that can potentially cause the power plants or electrical
transmission grids to cease to operate to National power system dispatching
units.
3. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed on National power system dispatching units which:
a) Dispatch electrical system without adhering to
approved operating plans thereby causing incidents along electrical system
without a justifiable reason;
b) Violate the Operating procedures of national
power system issued by Ministry of Industry and Trade thereby causing incidents
along the electrical grid;
c) Fail to comply with the Incident response
procedures of national power system issued by the Ministry of Industry and
Trade thereby causing the incident to affect a larger scale;
d) Contribute capital to Power generating units;
purchase shares of Power generating units.
4. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed on Electricity distributing units which:
a) Fail to comply with dispatch orders of the
National power system dispatching units according to the Dispatching procedures
of national electrical issued by Ministry of Industry and Trade, except for
cases where execution of dispatch orders will pose risk to humans and
equipment;
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c) Fail to comply with the Incident response
procedures of national power system issued by the Ministry of Industry and
Trade thereby causing the incident to affect a larger scale.
5. A fine ranging from VND 180.000.000 to VND
200.000.000 shall be imposed on Electricity generating units and Electricity
transmitting units which:
a) Fail to comply with dispatch orders of the
National power system dispatching units according to the Dispatching procedures
of national electrical issued by Ministry of Industry and Trade, except for
cases where execution of dispatch orders will pose risk to humans and
equipment;
b) Fail to adhere to the Operating procedures of
national power system, Black start procedures, Incident response procedures of
national power system, Electricity restoration procedures of national power
system, Operating procedures of equipment and other relevant procedures,
regulations issued by Ministry of Industry and Trade thereby causing incidents
within power plants or electricity transmission grids.
6. Remedial measures:
Mandated selling of contributed or purchased
capital of Electricity generating units for violations under Point d Clause 3
of this Article.”.
17. Amendments to Article 14:
“Article 14. Violation of regulations on
electricity market
1. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed on Electricity transmission units which fail to
provide information on repair plans of electrical transmission grids to
National power system dispatching units, Electricity market transaction
operating units within the time limit according to Regulations on competitive
electricity market and Regulations on electricity transmission system issued by
Ministry of Industry and Trade.
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a) Fail to produce and send application for
participation in electricity market in accordance with the Regulations on
competitive electricity market issued by Ministry of Industry and Trade;
b) Fail to invest in connection system of
electricity market in accordance with Regulations on competitive electricity
market issued by Ministry of Industry and Trade.
3. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed on Electricity market transaction operating units
which:
a) Violate regulations on information disclosure
under Regulations on competitive electricity market issued by Ministry of
Industry and Trade;
b) Use input parameters and data in producing
annual power system operating plans without obtaining permission of the
authorities in accordance with Regulations on competitive electricity market
issued by Ministry of Industry and Trade.
4. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed on Electricity wholesalers which:
a) Fail to provide accurate information in order to
produce annual power system operating plans and monthly, weekly power system
capacity mobilization schedules or settle disputes and impose penalties for
violations in electricity market in accordance with Regulations on competitive
electricity market issued by the Ministry of Industry and Trade;
b) Fail to adhere to procedures for appraising and
approving electricity trading agreements.
5. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed on Electricity market transaction operating units,
Power system operating units which:
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b) Provide information serving supervision of
electricity market, settlement of disputes, and sanction against violation in
electricity market in a inadequate or untimely manner in accordance with
Regulations on competitive electricity market, Regulations on electricity
market supervision, and Regulations on dispute settlement and violation
sanction issued by Ministry of Industry and Trade;
c) Violate procedures and methods of calculating
annual electrical production for Electricity generating units in accordance
with Regulations on competitive electricity market and Regulations on sample
electricity trading equipment issued by Ministry of Industry and Trade;
d) Lose data required for production of electricity
payment documents during storage period in accordance with Regulations on
competitive electricity market issued by Ministry of Industry and Trade.
6. A fine ranging from VND 100.000.000 to VND
120.000.000 shall be imposed on Electricity transmitting units which fail to
provide accurate information in order to produce annual power system operating
plans and monthly, weekly power system mobilization schedules in accordance
with Regulations on competitive electricity market and Regulations on
transmission electricity system issued by Ministry of Industry and Trade.
7. A fine ranging from VND 100.000.000 to VND
120.000.000 shall be imposed on Generating units which:
a) Fail to provide accurate information in order to
produce annual power system operating plans and monthly, weekly power system
capacity mobilization schedules or settle disputes and impose penalties for
violations in electricity market in accordance with Regulations on competitive
electricity market issued by the Ministry of Industry and Trade;
b) Reach an agreement with other Electricity
generating units on offers in order to have mobilization schedules prepared;
c) Directly or indirectly agree with other entities
in restricting or controlling offered capacity on the market in order to
increase the price on the spot market and thereby affecting power supply
security;
d) Reach an agreement with Electricity market
transaction operating units on offers in order to have mobilization schedules
prepared in a manner that does not conform to regulations and law.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Intervene in electricity market operation
without adhering to Regulations on competitive electricity market and Regulations
on transmission electricity system issued by Ministry of Industry and Trade;
b) Fail to adhere to regulations on execution of
mobilization schedules of electricity generator groups under Regulations on
electricity transmission system issued by Ministry of Industry and Trade;
c) Fail to adhere to regulations on preparation of
mobilization schedules of electricity generator groups under Regulations on
competitive electricity market and Regulations on electricity transmission
system issued by Ministry of Industry and Trade;
d) Reach an agreement with Electricity generating
units on offers in order to have mobilization schedules of electricity
generator groups of Electricity generating units prepared in a manner that does
not conform to Regulations on competitive electricity market issued by the
Ministry of Industry and Trade.
9. Remedial measures:
Mandated submission of illegal revenues generated
by the administrative violations which are the money gained from the offers
(including all costs incurred as a result of the violations) to state budget
for violations under Point b, Point c, and Point d Clause 7, and Point d Clause
8 of this Article.”.
18. Amendments to Article 15:
“Article 15. Violation of regulations on
electrical safety
1. A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed on hindering individuals in the performance of their
duty.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Entering electrical substations or scaling utility
poles when not assigned to any task;
b) Planting trees or placing trees in a manner that
violates safety clearance of overhead power lines and electrical substations;
c) Installing television antennas, clothes line,
scaffolds, advertising panels or posters in a way that they will collide with
electrical grid if they fall;
d) Flying a kite or any object thereby causing
incidents along electrical grid;
dd) Failing to adequately adopt safety measures
prior to working with energized components on power system;
e) Trimming or cutting trees in order to ensure
safety for high-voltage electrical grid without informing organizations
managing or individuals owning the trees;
g) Hindering entities managing operation of
high-voltage electrical grid from inspecting or repairing damage of electrical
substations and power lines.
3. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed on:
a) Using any components of electrical grid for
other purposes without agreeing with entities managing operation of electrical
grid;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Using any parts of houses, structures which are
allowed to be located within safety perimeter of overhead power lines for other
purposes in a manner that violates minimum approach distance by voltage;
d) Building or renovating houses, structures
situated within safety perimeter of overhead power lines without reaching an
agreement or complying with existing agreements with entities managing
operation of the power lines in order to ensure safety in construction and
renovation of houses, structures;
dd) Loading commodities, materials, components,
planting trees, or anchoring watercrafts within the safety perimeter of
underground power cables;
e) Building houses or structures in a manner that
interferes with entrances or vents of electrical substations, power plants;
g) Failing to adequately adopt construction
measures when working with work items and equipment along power system, except
for violations under Point dd Clause 2 of this Article;
h) Failing to produce list of electrical equipment
and instruments that require inspection for monitor and management in
accordance with regulations on safety technical inspection of electrical
equipment and instruments;
i) Stealing electricity of a customer for another
household;
k) Stealing electricity of a customer for purposes
other than those under signed contracts without permission;
l) Repairing, replacing, maintaining, or otherwise
altering circuits approved under electricity trading agreements before
completing training courses regarding electrical engineering, civil
electricity, and electrical safety;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed on:
a) Building structures into the ground or dredging
rivers, lakes, or ponds within safety perimeter of underground power cables
without informing entities managing operation of the cables;
b) Failing to install safety signs or signboards,
warning signs in adequate format for power lines, electrical substations, and
power plants in accordance with regulations on electricity safety;
c) Felling trees and not taking measures to prevent
said trees from falling into electrical grid;
d) Building houses or structures on safety corridor
of underground power cable;
dd) Failing to obtain work slip or work order when
conducting work which requires compliance with work slip or work order;
e) Failing to retain work slip and work order;
g) Failing to adequately comply with work slip and
work order;
h) Failing to adequately adopt safety measures
prior to conducting work close to energized components on electrical system;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
k) Failing to obtain technical design, construction
drawing design, as-built dossiers, and other technical dossiers in accordance
with construction laws and transfer to managing and operating entities;
l) Failing to inspect and adjust equipment within
power generation, transmission, and distribution technology line in part or in
whole in order to ensure compliance with standards and technical regulations
issued by competent authorities and parameters under approved design.
5. A fine ranging from VND 60.000.000 to VND
70.000.000 shall be imposed on:
a) Digging or driving piles into safety corridor of
underground cables;
b) Operating equipment, instrument, or vehicles or
conducting other activities in a manner that violates minimum approach distance
by voltage;
c) Dismantling any component of electrical grid or
power plant when not assigned to do so;
d) Throwing any object and causing damage to
electrical grid or power plant or causing incident to electrical grid or power
plant;
dd) Employing electricity to trap, capture animals
or to use as direct protective measures in a manner that contradicts
regulations and law;
e) Failing to adequately promulgate procedures and
regulations on electrical safety;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) Utilizing or hiring individuals who have not
received electrical training or electrical safety training, or have not been
issued with electrical safety card, inspector card to manage operation, repair
electrical grid, power plant, or conduct technical safety inspection of
electrical equipment and instruments;
i) Setting up power lines across residential areas,
crowded areas or letting the power lines to carry more load than the prescribed
standards;
k) Failing to have standards and technical
regulations on electrical safety issued by competent authorities;
l) Failing to develop and adopt procedures,
regulations, and methods of organizing implementation of regulations on
electrical safety at workplace and enterprises on the basis of standards and
technical regulations on electrical safety issued by competent authorities;
m) Failing to produce documents, information
sheets, and technical dossiers relating to electrical equipment and managing
organizations;
n) Failing to produce statistical reports, monitor
electricity-related incidents and violations of safety corridor of high-voltage
electrical grid under their management, and submit reports on electricity
operations and local electricity use to the authorities.
6. A fine ranging from VND 70.000.000 to VND
80.000.000 shall be imposed on:
a) Designing, installing, and using electrical grid
or power plant which does not satisfy regulations on electrical engineering and
electrical safety;
b) Failing to inspect and examine lightning
arrester, grounding system of power plant, electrical substations, and power
lines;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to conduct technical safety inspection
for electrical equipment and instruments;
dd) Conducting technical safety inspection for
electrical equipment and instruments without effective Certificate of registration
of electrical equipment and instrument inspection;
e) Conducting technical safety inspection of
electrical equipment and instrument and exceeding the scope stipulated under
the Certificate of registration of electrical equipment and instrument inspection;
g) Failing to dismantling, recalling structures of
electrical grid and returning the premise within 6 months from the date on
which the electrical grid is separated from the power system.
7. A fine ranging from VND 90.000.000 to VND
100.000.000 shall be imposed on:
a) Digging and causing poles of power lines or
equipment of electrical stations, power plants to depress or collapse;
b) Blasting and damaging any component of
electrical grid or power plant;
c) Using construction machinery in a manner that
damages or causes incidents to electrical grid or power plant.
8. Additional penalties:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
9. Remedial measures:
a) Mandated restoration to original state for
violations under Point b and Point c Clause 2; Clause 3; Point c and Point d
Clause 4; Point a, Point c, Point d, and Point i Clause 5; Point c Clause 6 and
Clause 7 of this Article;
b) Mandated submission of illegal revenues
generated by inspection activities to state budget for violations under Point
dd and Point e Clause 6 of this Article.”.
19. Annulment of the title of section 2 “Section 2.
Safety of hydroelectricity dams” under Chapter II.
20. Amendments to Article 16:
“Article 16. Violation of regulations on
management and operation of hydroelectricity dams and reservoirs
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed on failing to register safety of hydroelectricity
dams and reservoirs in accordance with regulations and law on dam safety
management; failing to organize development and storage of construction
completion dossiers prior to commissioning and using the structures.
2. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed on failing to develop, organize implementation, or
comply with operational procedures of equipment and maintenance procedures of
each hydroelectricity work item and dam.
3. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed on failing to report current conditions of
hydroelectricity dam and reservoir safety to the authorities.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to maintain hydroelectricity dams and
equipment installed at hydroelectricity dams;
b) Failing to prepare human resources, materials,
instruments, equipment, and necessities required for natural disaster response
in order to ensure hydroelectricity safety and downstream areas and emergency
response in accordance with approved measures;
c) Conducting work other than those under the
operation permit regarding hydroelectricity dam and reservoir protection,
except for cases where reservoir water surface is used for aquaculture,
tourism, or recreational purposes without written approval of the authorities
and met with penalties for administrative violations in water resources,
natural resources or irrigation structure operation and protection;
d) Failing to inspect and assess safety of dams and
reservoirs;
dd) Failing to develop database on hydroelectricity
dams and reservoirs;
e) Failing to prepare functional backup power
sources to operate valves of spillway.
5. A fine ranging from VND 90.000.000 to VND
100.000.000 shall be imposed on:
a) Failing to conduct safety inspection of
hydroelectricity dams;
b) Conducting work within protection perimeter of
dams and reservoirs without permit where permit is required;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to adhere to procedures and methods of
closing, opening valves of water discharge structures in accordance with
regulations applicable to reservoirs and non-overflow dams.
6. Additional penalties:
Suspension from electrical operation for 6 to 12
months for violations under Point a and Point c Clause 5 of this Article.”.
21. Amendments to Article 17:
“Article 17. Violation of regulations on safety
assurance of hydroelectricity dams and downstream areas
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed on:
a) Failing to produce natural disaster response
plans for dams and downstream areas for approval of the authorities during
construction process; failing to adequately implement natural disaster response
plan for dams and downstream areas approved by competent authorities;
b) Failing to produce, approve, and implement
natural disaster response plans during operation of hydroelectricity dams and
reservoirs.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed on:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failing to install or failing to review and
install additional warning systems in downstream areas on an annual basis;
c) Failing to install warning signs for perimeter
of hydroelectricity structures, warning buoys reservoirs in upstream areas of
dams;
d) Failing to organize inspection, submit accurate
reports to the authorities on activities within perimeter of hydroelectricity
dams and reservoirs under the offenders' management and ownership.
3. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed on:
a) Failing to maintain communication and reports
with National Steering Committee for Natural Disaster Prevention and Control
and the authorities;
b) Failing to issue warning or inform the
inhabitants and local governments in advance about flood discharge of hydroelectricity
dams;
c) Failing to produce and adequately comply with
emergency response plans of hydroelectricity dams and reservoirs approved by
the authorities;
d) Failing to produce and adequately comply with
protective measures of hydroelectricity dams approved by the authorities;
dd) Failing to produce and adequately comply with
emergency response plans or failing to review, revise, and adjust emergency
response plans for approval of the authorities on an annual basis;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) Failing to produce protective measures for
hydroelectricity dams and reservoirs and present to the authorities for
approval.
4. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed on:
a) Failing to develop emergency response plans or
revise emergency response plans on an annual basis and present to competent
authorities for approval;
b) Failing to install operation monitoring system,
information equipment, and safety warning for dams and downstream areas.
5. Remedial measures:
a) Mandated additional installation of warning
systems of downstream areas for violations under Point b Clause 2 of this
Article;
b) Mandated addition of warning signs for perimeter
of hydroelectricity structures, warning buoys in reservoirs within protection
perimeter of upstream of dams for violations under Point c Clause 2 of this
Article;
c) Mandated installation of operation monitoring
system, information equipment, and safety warning for dams and downstream areas
for violations under Point b Clause 4 of Article.”.
22. Amendments to Article 18:
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1. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed on mooring watercrafts to hydroelectricity dams or
shoulders of hydroelectricity dams, except for watercrafts serving inspection,
maintenance, or repair of hydroelectricity dams.
2. Additional penalties:
Confiscation of instruments of administrative
violations for violations under Clause 1 of this Article.”.
23. Annulment of the title of section 3 “Section 3.
Sectors of effective and efficient power use” under Chapter II.
24. Amendments to Article 19:
“Article 19. Violation of primary energy
consumers regarding energy accounting
1. A warning shall be imposed on failing to produce
accounting reports which contain adequate contents in accordance with the
regulated form.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed on:
a) Failing to adopt remedial measures at request of
competent authorities;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed on failing to perform energy accounting.”.
25. Amendment, addition, and annulment of some
clauses of Article 20:
a) Annul Clause 4;
b) Amend Clause 5:
“5. Remedial measures:
a) Mandated annulment of certificate of energy
accountant and disclosure of violating certificate for violations under Point
b, Point c, and Point d Clause 1, Clause 2 of this Article;
b) Mandated refund of illegal revenues generated by
the administrative violations to learners (including all costs incurred as a
result of the violation) for violations under Point b, Point c, and Point d
Clause 1, Clause 2 of this Article; in case learners cannot be identified, the
illegal revenues shall be submitted to state budget;
c) Mandated revocation of certificate of energy
accountants for violations under Clause 3 of this Article.”.
26. Amendments to Article 21:
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“2. A fine ranging from VND 15.000.000 to VND
30.000.000 shall be imposed on primary energy consumers which conduct energy
accounting by themselves or hiring ineligible energy accounting organizations
to conduct energy accounting (lacking energy accountants issued with
certificate of energy accountants or lacking technical equipment, instruments
required for energy accounting operation).”;
b) Amend Clause 4:
“4. Additional penalties:
Suspension of certificates of energy accountants
for 6 to 12 months for violations under Point b Clause 1 of this Article.”.
27. Amendments to Article 22:
“Article 22. Violation of regulations on
effective and efficient use of energy in industrial manufacturing
A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed on failing to implement technical standards, energy
consumption, energy management measures, and technology using energy
effectively and efficiently required in design, construction, installation, and
operation of equipment in order to save electricity.”.
28. Amendment, addition, and annulment of some
clauses of Article 23:
a) Annul Clause 3;
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“4. Remedial measures:
Mandated removal of electricity generator groups in
accordance with roadmap regulated by the authorities for violations under
Clause 1 and Clause 2 of this Article.”.
29. Amend Clause 4 Article 24 as follows:
“4. Remedial measures:
Mandated the use of lighting equipment which
satisfies technical regulations on effective and efficient use of energy in public
lighting for violations under Clause 2 and Clause 3 of this Article.”.
30. Amend Clause 2 Article 25 as follows:
“2. Remedial measures:
Mandated compliance with regulations on energy
consumption rate and technical regulations in design, construction, and use of
construction materials in order to save energy for violations under this
Article.”.
31. Amendments to Article 26:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed on utilizing transports mentioned under the List of
equipment and vehicles to be removed.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed on failing to produce reports on fuel and energy
consumption.
3. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed on manufacturing equipment or transports that do
not conform to technical regulations and energy consumption rate regarding
effective and efficient use of energy.
4. A fine ranging from VND 90.000.000 to VND
100.000.000 shall be imposed on importing equipment or transports that do not
conform to technical regulations and energy consumption rate regarding
effective and efficient use of energy.
5. Remedial measures:
a) Mandated termination of circulation of equipment
and transport for violations under Clause 1 of this Article;
b) Mandated re-export of imported equipment and
transport for violations under Clause 4 of this Article;
c) Mandated disposal of imported equipment and
transport for violations under Clause 4 of this Article if re-export measure
under Point b of this Clause cannot be implemented.”.
32. Amendments to Clause 3 Article 27:
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Mandated termination of circulation of equipment,
machinery, and vehicles for violations under this Article.”.
33. Amendment, addition, and annulment of some
clauses of Article 28:
a) Annul Clause 3;
b) Amend Clause 4:
“4. Remedial measures:
a) Mandated revocation of certificate of completion
of energy management training course for violation under Point b, Point c, and
Point d Clause 1 of this Article;
b) Mandated refund of illegal revenues generated by
the administrative violations to learners (including all costs incurred as a
result of the violation) for violations under Point b, Point c, and Point d
Clause 1, Clause 2 of this Article; in case learners cannot be identified, the
illegal revenues shall be submitted to state budget;
c) Mandated revocation of certificate of energy
management for violations under Clause 2 of this Article.”.
34. Amendments to Article 29:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Warnings shall be imposed on:
a) Heads of primary energy consumers which fail to
adequately implement energy management model in the primary energy consumers;
b) Heads of organizations utilizing state budget
which fail to adequately comply with regulations on management and effective, efficient
use of energy, including: failing to develop and submit annual effective and
efficient energy consumption plans to local energy authorities; violating
regulations on reports on energy consumption, failing to develop regulations on
energy efficiency in facilities, agencies, and entities; failing to comply with
the list of energy efficient equipment and instruments issued by the
authorities in procurement and installation of equipment and instruments that
use energy.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed on failing to designate eligible individuals as
energy managers.
3. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed on failing to develop annual and 5-year effective
and efficient use of energy; failing to produce reports as per the law and
failing to produce reports on annual and 5-year plan execution results.
4. Additional penalties:
Suspension of certificate of energy managers for 6
to 12 months for violations under Clause 3 of this Article.”.
35. Amendments to Article 30:
“Article 30. Violation of regulations on energy
labeling and use of energy labels
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a) Warnings in case of first-time violation;
b) A fine ranging from VND 10.000.000 to VND
20.000.000 in case of failing to apply energy labels onto equipment and
appliances which must be applied with energy labels in case of repeated
violations.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed on failing to truthfully submit reports on quantity
and type of equipment and appliances to be applied with energy labels
manufactured, imported, sold, and distributed to the authorities.
3. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed on:
a) Applying energy labels on equipment, appliances,
or packaging with inappropriate dimension;
b) Increasing or decreasing dimension of energy
labels in inappropriate proportions;
c) Concealing or causing confusion regarding
information on energy labels.
4. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed on:
a) Failing to disclose energy consumption rate of
equipment and appliances;
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5. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed on:
a) Failing to provide accurate information on
energy consumption rate on energy labels according to documents disclosing
energy consumption rates of equipment and appliances (including when selling or
distributing products on digital platforms);
b) Providing false information on energy
consumption rate of energy-consuming equipment and appliances when publicizing
or advertising (including when selling or distributing products on digital
platforms).
6. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed on applying energy labels onto equipment and
appliances in a manner that does not conform to documents disclosing energy
consumption rate, or applying energy labels onto equipment and appliances
without disclosing energy labeling.
7. Additional penalties:
Suspension of energy labeling operation for 4 to 6
months for violations under Clause 4 of this Article.
8. Remedial measures:
a) Mandated removal of elements of violations on
appliances, equipment, or packaging for violations under Clause 2 and Clause 3
of this Article;
b) Mandated recall of products bearing energy
labels for violations under Clause 6 of this Article.”.
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“2. Remedial measures:
a) Mandated revocation of issued certificates and test
results for violations under Clause 1 of this Article;
b) Mandated refund of illegal revenues generated by
the administrative violations (including all costs incurred as a result of the
violation) to the victims for violations under Clause 1 of this Article. In
case the victims cannot be identified, the illegal revenues shall be submitted
to the state budget.”.
37. Amendments to Article 32:
“Article 32. Violation of regulations on Lists
of equipment and appliances to which mandatory energy labeling and minimum
energy efficiency standards are applied and roadmap to their implementation
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed on violation of minimum energy efficiency in
manufacturing, import, sale, or distribution of energy-consuming equipment and
appliances under the List of equipment and appliances to which mandatory energy
labeling is applied.
2. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed on manufacturing or importing energy-consuming equipment
or appliances under the List of equipment and appliances to be disposed.
3. Additional penalties:
Confiscation of exhibits, appliances, and equipment
of violation for violations under Clause 1 and Clause 2 of this Article.
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a) Mandated re-export of imported appliances and
equipment for violations under Clause 2 of this Article;
b) Mandated disposal of imported equipment and
appliances for violations under Clause 2 of this Article if mandated re-export
measure under Point b of this Clause cannot be implemented.”.
38. Amendments to Chapter III:
“Chapter III
ENTITLEMENT TO
ISSUE OFFENCE NOTICE AND IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS
Article 33. Entitlement to produce offence
notice
1. Individuals entitled to impose penalties
specified under Articles 34 through 37 hereof.
2. Individuals affiliated to the people’s armed
forces, the people’s public security, public officials, and public employees in
specialized agencies exercising state management in electricity, effective and
efficient use of energy in the performance of their duty.
Article 34. Entitlement of Chairpersons of
People’s Committees of all levels to impose penalties
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1. Chairpersons of People’s Committees of communes
hold the right to impose penalties for violations under Clause 1 Article 6;
Clause 1 through Clause 3 Article 11; Clause 1, Clause 2 Article 12; Clause 1
Article 15 hereof;
a) Impose warnings;
b) Impose a fine of up to VND 5.000.000 on
individual offenders and up to VND 10.000.000 on organization offenders;
2. Chairpersons of People’s Committees of districts
hold the right to impose penalties for violations under Clause 1 Article 6;
Clause 1, 2 Article 9; from Clause 1 through Clause 7 Article 11; Clause 1
through Clause 6 and Clause 8 Article 12; Clause 1 through Clause 4 Article 15;
Clause 1, Clause 2 Article 16; Article 18; Clause 1, Clause 2 Article 19;
Clause 1, Clause 2 Article 20; Article 21; Article 22; Article 24; Article 25;
Clause 1 through Clause 3 Article 26; Article 27; Article 28; Article 29;
Clauses 1, 4, and 5 Article 30 and Article 31 hereof:
a) Impose warnings;
b) Impose a fine of up to VND 50.000.000 on
individual offenders and up to VND 100.000.000 on organization offenders;
c) Confiscate exhibits and instrument of
administrative violations;
d) Temporarily suspend certificates;
dd) Temporarily suspend energy labeling activity;
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3. Chairpersons of People’s Committees of provinces
hold the right to impose penalties for violations under Article 5; Article 6;
Clause 1, 2, 3 Article 9; Clause 1 Article 10; Article 11; Article 12 and
Articles 15 through 32 hereof:
a) Impose warnings;
b) Impose a fine of up to VND 100.000.000 on individual
offenders and up to VND 200.000.000 on organization offenders;
c) Confiscate exhibits and instrument of
administrative violations;
d) Temporarily suspend certificates;
dd) Temporarily suspend electricity-related
activities; temporarily suspend energy labeling activity;
e) Adopt remedial measures for violations within
their entitlement to impose penalties.
Article 35. Entitlement of Inspectors to impose
penalties for administration violations
1. Inspectors and individuals assigned to conduct
field-specific inspection in electricity, effective and efficient use of energy
in the performance of their duty hold the right to impose warnings for
violations under Clause 1 Article 19, Clause 1 Article 29, and Point a Clause 1
Article 30 hereof.
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a) Impose warnings;
b) Impose a fine of up to VND 50.000.000 on
individual offenders and up to VND 100.000.000 on organization offenders;
c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 100.000.000;
d) Temporarily suspend certificates;
dd) Temporarily suspend energy labeling activity;
e) Adopt remedial measures for violations within
their entitlement to impose penalties.
3. Chief Inspectors of Departments of Construction
hold the right to impose penalties for violations under Point d and Point e
Clause 2, Point d Clause 3 Article 15, Article 24, Article 25 hereof within
their management:
a) Impose a fine of up to VND 50.000.000 on
individual offenders and up to VND 100.000.000 on organization offenders;
b) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 100.000.000;
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4. Chief Inspectors of Departments of Transport
hold the right to impose penalties for violations under Article 26 hereof
within their management:
a) Impose a fine of up to VND 50.000.000 on
individual offenders and up to VND 100.000.000 on organization offenders;
b) Adopt remedial measures for violations within
their entitlement to impose penalties.
5. Chief of field-specific ministerial-level
Inspectorates of state management authorities regarding electricity, effective
and efficient use of energy hold the right to impose penalties for violations
under Clause 1 through Clause 4 Article 5; Clause 1 through Clause 4 Article 6;
Clause 1, Clause 2 Article 7; Clause 1 through Clause 3 Article 8; Article 9;
Clause 1, Clause 2 Article 10; Clause 1 through Clause 7 Article 11; Clause 1
through Clause 8 Article 12; Clause 1 through Clause 4 Article 13; Clause 1
through Clause 7 Article 14; Clause 1 through Clause 5 Article 15; Clause 1
through Clause 3 Article 16; Article 17 through Article 22; Clause 1 Article
23; Article 24; Article 25; Clause 1 through Clause 3 Article 26; Article 27
through Article 32 hereof:
a) Impose warnings;
b) Impose a fine of up to VND 70.000.000 on
individual offenders and up to VND 140.000.000 on organization offenders;
c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 140.000.000;
d) Temporarily suspend certificates;
dd) Temporarily suspend energy labeling activity;
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6. Chief Inspector of Ministry of Industry and
Trade is entitled to impose penalties for administrative violations on a
nationwide scale:
a) Impose warnings;
b) Impose a fine of up to VND 100.000.000 on
individual offenders and up to VND 200.000.000 on organization offenders;
c) Confiscate exhibits and instrument of
administrative violations;
d) Temporarily suspend certificates; temporarily
suspend electricity-related activities; temporarily suspend energy labeling
activity;
dd) Adopt remedial measures for violations within
their entitlement to impose penalties.
7. Chief Inspector of Ministry of Construction is
entitled to impose penalties for violations under Point d and Point e Clause 3,
Point d Clause 4 Article 15; Article 24; Article 25 hereof within their
management:
a) Impose a fine of up to VND 100.000.000 on
individual offenders and up to VND 200.000.000 on organization offenders;
b) Confiscation of exhibits and instrument of
administrative violations;
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8. Chief Inspector of Ministry of Transport is
entitled to impose penalties for violations under Article 26 hereof within
their management:
a) Impose a fine of up to VND 100.000.000 on
individual offenders and up to VND 200.000.000 on organization offenders;
b) Adopt remedial measures for violations within
their entitlement to impose penalties.
9. Director of Electricity Regulatory Authority is
entitled to impose penalties for violations under Article 5 and Article 7
through Article 14 hereof on a nationwide scale:
a) Impose a fine of up to VND 100.000.000 on
individual offenders and up to VND 200.000.000 on organization offenders;
b) Confiscation of exhibits and instrument of
administrative violations;
c) Adopt remedial measures for violations within
their entitlement to impose penalties.
10. Director of Industrial Safety Techniques and
Environment Agency is entitled to impose penalties for violations under Article
15 through Article 18 hereof on a nationwide scale:
a) Impose a fine of up to VND 100.000.000 on
individual offenders and up to VND 200.000.000 on organization offenders;
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c) Temporarily suspend electricity-related
activities;
d) Adopt remedial measures for violations within
their entitlement to impose penalties.
Article 36. Entitlement of the People’s Public
Security to impose penalties
The following individuals, upon discovering
violations under this Decree within their management, shall impose penalties as
follows:
1. Chiefs of district police authorities are
entitled to impose penalties for violations under Clause 1 Article 6; Clause 3
Article 11; Clause 1 Article 12; Clause 1, Point a and Point d Clause 2; Point
a, Point b, Point dd and Point m Clause 3 Article 15 hereof:
a) Impose a fine of up to VND 20.000.000 on
individual offenders and up to VND 40.000.000 on organization offenders;
b) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 40.000.000;
c) Adopt remedial measures for violations within their
entitlement to impose penalties.
2. Directors of provincial police authorities are
entitled to impose penalties for violations under Clause 1 Article 6, Clause 3
Article 11; Clause 1 Article 12; Clause 1, Point a and Point d Clause 2, Point
a, Point b, Point dd and Point m Clause 3, Point a and Point c Clause 4 Article
15; Article 18 hereof:
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b) Confiscation of exhibits and instrument of
administrative violations;
c) Adopt remedial measures for violations within
their entitlement to impose penalties.
3. Director of Economic Security Department,
Director of Police Department on Administrative Management of Social Order are
entitled to impose penalties for violations under Article 18 hereof on a
nationwide scale:
a) Impose a fine of up to VND 100.000.000 on
individual offenders and up to VND 200.000.000 on organization offenders;
b) Confiscation of exhibits and instrument of
administrative violations.
Article 37. Entitlement of Market surveillance
authority to impose penalties
1. Market control employees, during the performance
of their duty, are entitled to impose warnings for violations under Point a
Clause 1 Article 30 hereof.
2. Leaders of Market Surveillance Teams and Heads
of Professional Divisions affiliated to the Departments of Market Surveillance
Operations are entitled to impose penalties for violations under Clause 1
through Clause 3 Article 30 and Clause 1 Article 32 hereof:
a) Impose warnings;
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c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 50.000.000;
d) Adopt remedial measures for violations within
their entitlement to impose penalties.
3. Directors of provincial Departments of Market
Surveillance, Director of Departments of Market Surveillance Operations are
entitled to impose penalties for violations under Clause 1 through Clause 5
Article 30 and Clause 1 Article 32 hereof:
a) Impose warnings;
b) Impose a fine of up to VND 50.000.000 on
individual offenders and up to VND 100.000.000 on organization offenders;
c) Confiscate exhibits and instrument of
administrative violations;
d) Temporarily suspend energy labeling activity;
dd) Adopt remedial measures for violations within
their entitlement to impose penalties.
4. General Director of Directorate of Market
Surveillance is entitled to impose penalties for violations under Article 30
and Article 32 hereof:
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b) Impose a fine of up to VND 100.000.000 on
individual offenders and up to VND 200.000.000 on organization offenders;
c) Confiscate exhibits and instrument of
administrative violations;
d) Temporarily suspend energy labeling activity;
dd) Adopt remedial measures for violations within
their entitlement to impose penalties.
Article 38. Informing relevant agencies and
organizations about results of actions against administrative violations
1. Competent individuals entitled to impose
penalties are responsible for informing agencies that issue Electrical permit
in writing to consider revocation of Electrical permit in accordance with
Article 37 and Article 38 of Law on Electricity when imposing penalties for
administrative violations under Point c Clause 4 and Point a Clause 5 Article 5
hereof.
2. Competent individuals entitled to impose
penalties are responsible for informing the electricity seller in order to cease
or reduce electricity supply in accordance with regulation and law on
electricity immediately after producing offence notice for violations under
Clause 8 and Clause 9 Article 12 hereof.
3. Competent individuals entitled to impose
penalties are responsible for informing agencies that accredit laboratories in
writing to remove name of violating laboratories from the List of laboratories
qualified for conducting energy efficiency tests when imposing penalties for
violations under Clause 1 Article 31 hereof.
4. Competent individuals entitled to impose
penalties are responsible for informing agencies, organizations which have
transferred offence notice and offence dossiers in writing about results of
actions against violations.”.
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40. Change from Article 47 to Article 40:
“Article 40. Responsibilities for implementation
1. Ministry of Industry and Trade is responsible
for:
a) organizing implementation of this Decree;
b) regulating methods of determining stolen yield
of electricity and illegal revenues generated by electricity theft in order to
return to the victims and methods of organizing, implementing penalties and
remedial measures for electricity theft.
2. Ministers, heads of ministerial agencies, heads
of Governmental agencies, Chairpersons of People’s Committees of provinces and
central-affiliated cities are responsible for implementation of this Decree.”.
Article 3. Amendments to
Article No. 98/2020/ND-CP dated August 26, 2020 of the Government
1. Amendment, addition, and annulment of some
clauses of Article 4:
a) Insert Point l following Point k Clause 3:
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b) Amend Clause 4:
“a) Maximum fine in commercial sector shall be VND
100.000.000 for individual offenders and VND 200.000.000 for organization
offenders; maximum fine for manufacturing and trading of counterfeits or prohibited
goods and consumer’s right protection shall be VND 200.000.000 for individual
offenders and VND 400.000.000 for organization offenders;
b) Fines mentioned under Chapter II hereof apply to
administrative violations committed by individual offenders, except for
administrative violations under Article 33, Article 35, Article 68, Article 70,
Clauses 6, 7, 8, and 9 Article 73, Clauses 6, 7, and 8 Article 77 hereof.
Organization offenders shall be met with twice the fines applicable to
individual offenders.”.
c) Insert Clause 5 following Clause 4:
“5. Maximum fine imposed by entities under Chapter
III hereof apply to one administrative violation committed by an individual
offender; maximum fine imposed on an organization offender shall equal twice
that applicable to an individual offender.”.
2. Addition of Article 4a and Article 4b after
Article 4:
“Article 4a. Regulations on concluded
administrative violations, ongoing administrative violations, and penalties for
repetitive administrative violations
1. Concluded violations and ongoing violations
shall be identified in accordance with Decree No. 118/2021/ND-CP dated December
23, 2021 of the Government elaborating to the Law Imposing Penalties for
Administrative Violations.
2. Penalties for repetitive administrative
violations:
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b) Organizations and individuals which commit
repetitive administrative violations which will be subject to penalties
depending on value, quantity, amount, or type of exhibits or instruments of
violations according to this Decree shall be met with penalties for each
violation and competent individuals entitled to impose penalties for
administrative violations shall not adopt multiple aggravating circumstances when
issuing decisions imposing penalties for each administrative violation.
Article 4b. Execution of penalties, remedial
measures, and determination of profits illegally generated by the
administrative violations
1. Implementation of decisions imposing penalties
for administrative violations shall conform to Section 2 of Chapter III of the
Second Part of the Law on Imposing Penalties for Administrative Violations and
Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government elaborating
to the Law on Imposing Penalties for Administrative Violations.
2. Other notices, documents, records, or
instruments recording execution of penalties and/or remedial measures must be
included in the dossiers on imposing penalties for administrative violations in
accordance with Article 57 of the Law on Imposing Penalties for Administrative
Violations.
3. Profits illegally generated by the
administrative violations according to this Decree mean instrument, money,
objects, or other assets gained from the administrative violations committed by
the offenders and are determined as follows:
a) Illegal monetary profit means the money
generated by the offenders from the administrative violations and equals the money
generated from illegal transfer or consumption of commodities, provision of
services after deducting direct costs of commodities and services based on
dossiers and documents proving legitimacy of those costs provided by the
offenders; illegal monetary profit generated from consumption of prohibited
commodities, counterfeits, illegally imported commodities, or conditionally
provided services means all money generated from transfer or consumption of
commodities or provision of services;
b) Illegal instrument profit means all valuable
instruments that the offenders gain from the administrative violations. If
valuable instruments have been transferred, the illegal profit shall equal the
money gained at the time of transfer; if valuable instruments have been
dispersed or disposed, the illegal profit shall equal book value of
institutions that issue the valuable instruments at the time of dispersal or
disposal;
c) Illegal profits that are objects or other assets
gained by the offenders from the administrative violations mean other assets
according to the Civil Code.
In case objects or other assets are not prohibited
commodities, counterfeits, or illegally imported commodities and have been
transferred, sold, or disposed, the illegal profits shall equal the monetary
equivalence of market value of the same assets or book value of the assets (if
market value is not available) or monetary value of the assets written on the
export declarations, import declarations (in case of exports, imports) of the
offenders after deducting direct costs of commodities based on documents
proving legitimacy of the costs.
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3. Amendment, addition, and annulment of some
clauses of Article 6:
a) Annul Clause 6.
b) Amend Clause 7:
“7. Remedial measures:
a) Mandated submission of fabricated or otherwise
altered license to operate to competent agencies and individuals that issue the
license for violations under Point a Clause 1 of this Article;
b) Mandated submission of illegal revenues
generated by the violations under Point b Clause 1, Clause 2, Clause 3, and
Clause 4 of this Article.
4. Amendments to Clause 11 Article 8:
a) Amend Point c:
“c) Confiscation of transport used for carrying
prohibited goods for violations under this Article in case quantity, weight,
value, or illegal revenues of prohibited goods are among those specified under
Clause 6, Clause 7, or Clause 8 of this Article;”;
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5. Amendments to Point b Clause 3 Article 9:
“b) Suspension of professional license or
permit for 3 to 6 months for violations under Point e Clause 1 of this
Article.”.
6. Amendments to Clause 3 Article 10:
a) Amend Point c:
“c) Suspension of professional license or permit or
production activities for 12 to 24 months for violations under Point e Clause 1
of this Article.”;
b) Annul Point d.
7. Amendments to Point b Clause 3 Article 11:
“b) Suspension of professional license or permit
for 1 to 3 months for violations under Point e Clause 1 of this Article.”.
8. Amendments to Clause 3 Article 12:
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“c) Suspension of professional license or permit or
production activities for 03 to 06 months for violations under Point e Clause 1
of this Article.”;
b) Annul Point d.
9. Amendments to Point b Clause 3 Article 13:
“b) Suspension of professional license or permit
for 1 to 3 months for violations under Point h Clause 1 of this Article.”.
10. Amendments to Clause 3 Article 14:
a) Amend Point c:
“c) Suspension of professional license or permit or
production activities for 3 to 6 months for violations under Point h Clause 1
of this Article.”;
b) Annul Point d.
11. Amendments to Point b Clause 4 Article 15:
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12. Annulment of Point b Clause 3 Article 18.
13. Amendments to Point b Clause 3 Article 19:
“b) Suspension of license to sell tobacco for 1 to
3 months for violations under Point d and Point dd Clause 2 of this Article.”.
14. Amendments to Point b Clause 2 Article 20:
“b) Suspension of license to sell tobacco for 3 to
6 months for violations under Point dd through Point k Clause 1 of this
Article.”.
15. Amendments to Clause 3 Article 21:
“3. Additional penalties:
Suspension of license to sell tobacco for 1 to 3
months for violations under Point h and Point o Clause 2 of this Article.”.
16. Amendments to Point b Clause 2 Article 22:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
17. Annulment of Clause 1, Point a Clause 2 and
Clause 2 Article 23.
18. Amendments to Clause 3 Article 26:
“3. Additional penalties:
Suspension of license to sell liquor for 1 to 3 months
for violations under Point b Clause 1 of this Article.”.
19. Amendments to Clause 3 Article 27:
“3. Additional penalties:
Suspension of license to sell liquor for 1 to 3
months for violations under Point l Clause 1 of this Article.”.
20. Amendments to Clause 3 Article 28:
“3. Additional penalties:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
21. Amendments to Article 30:
“Article 30. Other violations regarding sale of
alcoholic beverages
1. A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed on failing to adequately report production and sale
of liquor with alcohol by volume of 5,5% to the authorities that issue the
license.
2. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed on:
a) Selling alcoholic beverages by vending machines;
b) Employing individuals below 18 years of age to produce
or sell alcoholic beverages.
3. Other violations in accordance with regulations
on alcoholic beverage harm control and prevention regarding discount, sale, or
supply of alcoholic beverages shall be met with penalties in accordance with
Decree of the Government imposing penalties for administrative violations in
medical sector.
4. Additional penalties:
Confiscation of exhibits and instruments of
violations for violations under Point a Clause 2 of this Article.
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Mandatory return of revenues illegally generated by
the violations under Point a Clause 2 of this Article.”.
22. Amendments to Clause 6 Article 31:
“6. Additional penalties:
a) Confiscation of exhibits for violations under
this Article;
b) Suspension of certificate of eligibility for
selling, license to sell, certificate of operation or suspension of sale of
violating goods for 6 to 12 months for violations under this Article.”.
23. Amendments to Point b Clause 4 Article 32:
“b) Suspension of professional license or permit
for 3 to 6 months for violations under Clause 3 of this Article.”.
24. Amendment, addition, and annulment of some
clauses of Article 33:
a) Insert Clause 1a and Clause 1b before Clause 1:
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1b. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed on submitting reports on results of sale promotion
program to competent authorities after 30 days or later from the report
deadline. ;
b) Amend Point d Clause 1 as follows:
“d) Failing to inform competent authorities about
time and location where proof of prize-winning is attached to goods before
issuing proof of prize-winning or failing to produce records of attachment of
proof of prize winning to goods when implementing provisional games of chance
where proof of prize-winning is attached to goods;”;
c) Insert Point I Clause 1:
“i) Organize competitions or prizes that are not
open to the public or not witnessed by customers’ representatives or without
informing Departments of Industry and Trade where competitions and prizes are
organized before said competitions and prizes take place when implementing sale
promotional programs in form of selling goods or providing services together
with entry form for customers in order to choose the winner according to
predetermined methods and disclosed prizes where total prize pool ranges up to
VND 100.000.000.”;
d) Amend Point c and Point d Clause 2:
“c) Failing to notify, notify changes (hereinafter
referred to as “notify”) or register, register changes (hereinafter referred to
as “register”) to competent authorities when implementing sale promotion or failing
to truthfully notify or register;
d) Failing to notify or report sale promotion
results or failing to notify or report (except for cases under Clause 1a of
this Article) or failing to accurately notify or report;”;
dd) Annul Point c Clause 3, Clause 4, and Point b
Clause 6.
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a) Amend Clause 1:
“1. A fine ranging from VND 1.000.000 to VND
5.000.000 shall be imposed on:
a) Failing to truthfully declare contents of the application
when applying for organization of fairs or commercial exhibits;
b) Submitting reports on results of fairs or
commercial exhibits to competent authorities within less than 30 days after the
deadline.”;
b) Amend Point c and insert Points d, dd, and e
under Clause 2:
“c) Failing to disclose and guarantee rights of
traders participating in fairs or commercial exhibits when said fairs or
commercial exhibits must be closed;
d) Failing to adequately provide traders engaging
in fairs and commercial exhibits with information relating participation in
fairs, commercial exhibits, and exhibits therein;
dd) Failing to adequately provide organizers of
fairs and commercial exhibits with information on goods on display;
e) Submitting reports on results of fairs or
commercial exhibits to competent authorities 30 days or later after the
deadline.”;
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d) Insert Point k Clause 4:
“k) Failing to satisfy requirements and regulations
on booths and services when organizing fairs or commercial exhibits in
Vietnam.”;
dd) Amend Point g Clause 5:
“g) Using name or theme of fairs or commercial
exhibits in Vietnam in a manner that contradicts tradition, ethics, or customs
of Vietnam.”.
26. Amendments to Clause 4 Article 38:
“4. Remedial measures:
Mandated submission of fabricated or otherwise
altered import permit, export permit to competent agencies and individuals that
issue the permit for violations under Clause 1 of this Article.”.
27. Addition of Point c following Point b Clause 7
Article 40 as follows:
“c) Mandated submission of fabricated or otherwise
altered temporary import and re-export permit, temporary export and re-import
permit to competent agencies and individuals that issue the permit for
violations under Clause 1 of this Article.”.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Annul Point b Clause 6 Article 41;
b) Amend Clause 7:
“7. Remedial measures:
a) Mandated submission of fabricated or otherwise
altered goods transit permit to competent agencies or individuals that have
issued the permit for violations under Clause 1 of this Article;
b) Mandated re-export or removal goods from
territory of the Socialist Republic of Vietnam for violations under Clause 4
and Clause 5 of this Article.
29. Amendments to Point b Clause 6 Article 43:
“b) Suspension of certificate of eligibility for
operating duty free shops for 1 to 3 months for violations under Clause 4 and
Clause 4 of this Article.”.
30. Amendments to Clause 6 Article 44:
“6. Remedial measures:
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b) Mandated submission of fabricated or otherwise
altered Certificate of origin or make-out certificate of origin to competent
agencies and individuals which have issued Certificate of origin or make-out
certificate of origin for violations under Clause 1 of this Article.”.
31. Amendments to Clause 4 Article 47:
“4. Additional penalties:
Suspension of professional license or permit for 1
to 3 months for violations under Clause 3 of this Article.”.
32. Annulment of Clause 7 Article 61.
33. Amendment, addition, and annulment of some
clauses of Article 62:
a) Amend Point a Clause 1:
“a) Failing to add notification documents relating
to e-commerce shopping websites that facilitate online ordering (hereinafter
referred to as “e-commerce shopping websites”) or shopping applications on
mobile platform that facilitate online ordering (hereinafter referred to as
“shopping applications”);”;
b) Amend Point dd Clause 1:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Insert Point g to Clause 1:
“g) Failing to provide information on business
situations and produce statistical reports on operation of the shopping
websites or shopping applications within the time limit or at request of
competent authorities.”.
d) Amend Point a Clause 3:
“a) Failing to notify shopping websites or shopping
applications to competent authorities prior to selling goods or providing
services for customers;”;
dd) Amend Clause 5:
“5. Additional penalties:
Suspension of e-commerce operations for 6 to 12
months for violations under Points c and d Clause 3; Points d, dd, e, and g
Clause 4 of this Article.”.
34. Amendment, addition, and annulment of some clauses
of Article 63:
a) Amend Point a Clause 1:
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b) Insert Point c to Clause 2:
“c) Providing information on selling goods,
providing services without being eligible for doing so or failing to satisfy
regulations and law on selling the goods, providing services on the internet.”;
c) Amend Point dd Clause 3:
“dd) Failing to store information on transactions
or data on each payment made via the shopping website according to accounting
laws;”.
35. Amendment, addition, and annulment of some
clauses of Article 64:
a) Amend Point c Clause 1:
“a) Failing to publicize procedures for receiving
and responsibilities for handling customers’ complaints and methods of settling
disputes relating to contracts concluded via shopping websites or shopping
applications on the shopping websites or applications;”;
b) Insert Point dd to Clause 1:
“dd) Failing to display name of foreign sellers in
Vietnamese or Latin transcription on shopping websites or applications.”;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
“dd) Failing to provide accurate information in the
application for establishment of shopping websites or shopping applications
submitted to competent authorities.”;
d) Insert Point g and Point h to Clause 3:
“g) Providing e-commerce shopping services that are
not consistent with the application for establishment of shopping websites or
shopping applications approved by competent authorities;
h) Failing to adhere to procedures under the
application for establishment of shopping websites or shopping applications
approved by competent authorities.”.
dd) Amend Point d Clause 5 as follows:
“b) Failing to assist competent authorities in
investigating, taking actions against violations of the law, and settling
disputes and complaints on the shopping websites or shopping applications;”;
36. Amendments to Article 65:
a) Amend Point a and Point b Clause 1:
“a) Develop consumer privacy policies in a manner
not conforming to regulations and law;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Amend Point a Clause 2:
“a) Failing to clearly display consumer privacy
policies or the link to consumer privacy policies at the time in which
consumers' information is collected;”;
c) Amend Point c Clause 3:
“c) Failing to disclose policies regarding security
for payment information of customers on the shopping websites or shopping
applications that facilitate online payment.”;
d) Amend Clause 5:
“5. Additional penalties:
Suspension of e-commerce activities for 3 to 6
months for violations under Clause 4 of this Article.”.
37. Amendment, addition, and annulment of some
clauses of Article 66:
a) Amend Point c Clause 3:
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b) Insert Point c to Clause 3:
“c) Failing to disclose regulations which are
compliant with the application for provision of e-commerce authentication
service verified by the authorities.”;
c) Amend Point a Clause 4:
“a) Providing e-commerce assessment, supervision,
or authentication service without obtaining verification for the application as
per the law;”;
d) Amend Point d Clause 4:
“d) Failing to provide e-commerce authentication service
in a manner adhering to operation schemes under the application for provision
of electronic contract authentication service verified by the authorities;”
dd) Amend Point a Clause 6 as follows:
“a) Suspension of e-commerce authentication service
for 6 to 12 months for violations under Point b Clause 4 and Point a Clause 5
of this Article;”
38. Amendment, addition, and annulment of some
clauses of Article 67:
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b) Amend Clause 6:
“6. Remedial measures:
a) Mandated submission of license to establish
representative offices which has been fabricated or otherwise altered to
competent agencies and individuals which previously issued the license for
violations under Point dd Clause 2 of this Article;
b) Mandatory return of illegal revenues generated
by the violations under Point e Clause 3 of this Article.”.
39. Amendments to Article 68:
“Article 68. Violations regarding establishment
and operation of representative offices of foreign trade promotion organizations
in Vietnam (hereinafter referred to as “representative offices”)
1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed on submitting reports on representative office
operation to competent authorities less than 30 days past the deadline.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed on submitting reports on representative office
operation to competent authorities 30 days or more past the deadline.
3. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed on:
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b) Failing to publicly disclose operation of
representative offices in Vietnam once the license to establish representative
offices has been issued, re-issued, revised, or extended as per the law;
c) Failing to adopt procedures for revising license
to establish representative offices within the time limit when changing heads
of the representative offices; changing location of representative offices;
changing name or operation of licensed representative offices; changing head
office location of foreign trade promotion organizations; changing name or
registration country or operation of foreign trade promotion organizations;
d) Fabricating or otherwise altering the license to
establish representative office;
dd) Failing to ensure consistency between actual
address of the representative office and the address written in the license to
establish representative office;
e) Subletting representative offices or
representing other foreign trade promotion organizations.
4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed on:
a) Failing to produce reports within the time limit
or provide documents or provide explanation for issues relating to operation of
representative office at request of competent authorities;
b) Failing to adhere to license to establish
representative office in operation;
c) Allowing head of a representative office to act
as head of another representative office of other foreign trader or
organization in Vietnam;
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dd) Proceeding with operation when the foreign
trade promotion organization has ceased to operation.
5. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed on:
a) Establishing representative office affiliated to
another representative office of a foreign trade promotion organization in
Vietnam;
b) Conducting activities relating to trade
promotion in Vietnam without establishing representative office in Vietnam;
c) Establishing representative office without
adhering to Vietnamese regulations and law;
d) Directly conducting activities in order to
generate revenues in Vietnam.
6. Remedial measures:
a) Mandated submission of license to establish
representative offices which has been fabricated or otherwise altered to
competent agencies and individuals which previously issued the license for
violations under Point d Clause 3 of this Article;
b) Mandatory submission of illegal revenues generated
by the violations under Point e Clause 3 and Point d Clause 5 of this
Article.”.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Annul Point a Clause 5;
b) Amend Clause 6:
“6. Remedial measures:
a) Mandated submission of license to establish
representative office which has been fabricated or otherwise altered to
competent agencies and individuals which previously issued the license for
violations under Point dd Clause 2 of this Article;
b) Mandatory submission of illegal revenues
generated by the violations under Point dd Clause 3 and Clause 4 of this
Article.”.
41. Amendment, addition, and annulment of some
clauses of Article 73:
a) Amend Point b Clause 3:
“b) Providing false information regarding benefits
of multi-level marketing, operation of the enterprise, functions, benefits of
goods, or providing information on foodstuffs by using images, equipment,
outfits, name, newsletter of medical entities, medical facilities, doctors,
pharmacists, medical personnel, thank-you notes, articles of doctors,
pharmacists, medical personnel, or providing information on foodstuffs that
include uploaded, excerpted, cited, quoted patients’ feedback describing
treatment properties of the foodstuffs;”;
b) Replace the phrase “trader” with “enterprise”
under Point i Clause 6; Point c, Point d, Point dd, Point n, and Point p Clause
7; Point d and Point e Clause 8;
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“t) Failing to ensure that at least 20% of the MLM
revenues generated in a financial year come from customers rather than MLM
personnel of an enterprise;”;
d) Replace the phrase “trader” with “enterprise”
under Point i Clause 6; Point c, Point d, Point dd, Point n, and Point p Clause
7; Point d and Point e Clause 8;
dd) Amend Point e Clause 9 as follows:
“e) Providing false information, or causing
confusion regarding functions, benefits of goods or operation of enterprises,
or providing information on foodstuffs by using images, equipment, outfits,
name, newsletter of medical entities, medical facilities, doctors, pharmacists,
medical personnel, thank-you notes, articles of doctors, pharmacists, medical
personnel, or providing information on foodstuffs that include uploaded,
excerpted, cited, quoted patients’ feedback describing treatment properties of
the foodstuffs;”;
42. Amendments to Point b Clause 5 Article 74:
“b) Suspension of operation for 1 to 3 months for
violations under Clause 4 of this Article.”.
43. Amendments to Clause 2 Article 80:
“2. Individuals affiliated to the People’s Army,
the People’s Public Security, public officials, and employees affiliated to
agencies under Articles 81, 82, 83, 84, 85, 86, 87, and 87a hereof in the
performance of their duty.”.
44. Amendments to Article 81:
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1. Chairpersons of People’s Committees of communes
have the power to:
a) Impose warnings;
b) Impose a fine up to VND 5.000.000;
c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 10.000.000;
d) Adopt remedial measures under Point b Clause 3
Article 4 hereof.
2. Chairpersons of People’s Committees of districts
have the power to:
a) Impose warnings;
b) Impose a fine of up to VND 100.000.000 for violations
under Section 2 and Section 9 Chapter II hereof; impose a fine of up to VND
50.000.000 for other violations under this Decree;
c) Suspend the license of operation temporarily or
suspend the operation temporarily;
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dd) Adopt remedial measures under Points b, c, dd,
e, g, h, i, k, and l Clause 3 Article 4 hereof.
3. Chairpersons of People’s Committees of provinces
have the power to:
a) Impose warnings;
b) Impose a fine up to the maximum amount
prescribed by this Decree;
c) Suspend the license of operation temporarily or
suspend the operation temporarily;
d) Confiscate exhibits and instrument of
administrative violations;
dd) Adopt remedial measures under this Decree.”.
45. Amendments to Article 82:
“Article 82. Entitlement of market surveillance
entities to impose penalties
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a) Impose warnings;
b) Impose a fine up to VND 500.000.
2. 1. Heads of Professional Divisions affiliated to
the Departments of Market Surveillance Operations have the power to:
a) Impose warnings;
b) Impose a fine up to VND 25.000.000;
c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 50.000.000;
d) Adopt remedial measures under this Decree,
except for those under Point a Clause 3 Article 4 hereof.
3. Directors of Departments of Market Surveillance
of provinces and Directors of Departments of Market Surveillance Professional
Affairs affiliated to the Vietnam Directorate of Market Surveillance have the
power to:
a) Impose warnings;
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c) Confiscate exhibits and instrument of
administrative violations;
d) Revoke the license of operation temporarily or
suspend the operation temporarily;
dd) Adopt remedial measures under this Decree.
4. Director of Vietnam Directorate of Market
Surveillance has the power to:
a) Impose warnings;
b) Impose a fine up to the maximum amount
prescribed by this Decree;
c) Confiscate exhibits and instrument of
administrative violations;
d) Revoke the license of operation temporarily or
suspend the operation temporarily;
dd) Adopt remedial measures under this Decree.”.
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“Article 83. Entitlement of the People’s Public
Security to impose penalties
1. People’s Public Security officers while on duty
have the power to:
a) Impose warnings;
b) Impose a fine up to VND 500.000.
2. Heads of Mobile Police companies, heads of
stations, and commanders of individuals under Clause 1 of this Article have the
power to:
a) Impose warnings;
b) Impose a fine up to VND 1.500.000.
3. Heads of police authorities of communes, heads
of police stations, heads of border police posts, export-processing zone police
posts, heads of border police authorities of international airports, commanding
officers of mobile police battalions, commanding officers of naval forces:
a) Impose warnings;
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c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 5.000.000;
d) Adopt remedial measures under Point b Clause 3
Article 4 hereof.
4. Chiefs of police authorities of districts; Head
of Professional Department Affair affiliated to the Internal Political Security
Department; Head of Professional Affair Department affiliated to the Police
Department for Administrative Management of Social Order; Head of Professional
Affair Department affiliated to the Traffic Police Department; Head of
Professional Affair Department affiliated to The Police Department of Fire
Prevention and Fighting and Rescue; Head of Professional Affair Department
affiliated to the Department of Cyber Security and Hi-tech Crime Prevention;
Head of Professional Affair Department affiliated to the Vietnam Immigration
Department; Directors of the following entities affiliated to provincial police
authority: Director of Internal Political Security Department, Director of
Police Department for Administrative Management of Social Order, Director of
Investigation Police Department on Social Order Crimes, Director of
Investigation Police Department on Corruption, Economic, and Smuggling Crimes,
Director of Investigation Police Department on Drug-related Crimes, Director of
Traffic Police Department, Director of the Road-Railway Traffic Police
Division, Director of the Road Traffic Police Division, Director of the
Waterway Traffic Police Division, Director of the Mobile Police Department,
Director of Security Guard Department, Director of Criminal Judgment Execution
and Judicial Assistance Division, Chief of Police Division for Prevention and
Control of Environmental Crimes, Chief of Firefighting, Prevention and Rescue
Police Division, Director of Cybersecurity, Hi-Tech Crime Prevention and Control
Division, Director of Immigration Division, Director of Economic Security
Division, Director of External Security Division, Commanding Officer of Mobile
Police Regiment, Captain of Squadron have the power to:
a) Impose warnings;
b) Impose a fine of up to VND 25.000.000 for
violations under Section 2 and Section 9 Chapter II hereof; impose a fine of up
to VND 20.000.000 for other violations under this Decree;
c) Suspend the license of operation temporarily or
suspend the operation temporarily;
d) Confiscate exhibits and instruments of
administrative violations whose value does not exceed VND 50.000.000 for
violations under Section 2 and Section 9 Chapter II hereof; does not exceed VND
40.000.000 for other violations under this Decree;
dd) Adopt remedial measures under Points b, h, i,
k, and l Clause 3 Article 4 hereof.
5. Directors of provincial police authorities have
the power to:
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b) Impose a fine of up to VND 100.000.000 for
violations under Section 2 and Section 9 Chapter II hereof; impose a fine of up
to VND 50.000.000 for other violations under this Decree;
c) Suspend the license of operation temporarily or
suspend the operation temporarily;
d) Confiscate exhibits and instrument of
administrative violations;
dd) Adopt remedial measures under Points b, e, h,
i, k, and l Clause 3 Article 4 hereof.
6. Directors of Internal Political Security
Department, Economic Security Department, Police Department for Administrative
Management of Social Order, Police Department for Investigation into
Corruption, Economy and Smuggling-related Crimes, Police Department for
Investigation into Drug-related Crimes, Traffic Police Department, Environment
Crime Prevention and Fighting Police Department, Department of Cybersecurity
and Hi-tech Crime Prevention and Control, Director of Department of Homeland
Security, Mobile Police Command and Immigration Department have the power to:
a) Impose warnings;
b) Impose a fine up to the maximum amount
prescribed by this Decree;
c) Suspend the license of operation temporarily or
suspend the operation temporarily;
d) Confiscate exhibits and instrument of
administrative violations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
47. Amendments to Article 84:
“Article 84. Entitlement of customs to
impose penalties
1. Customs officials, while on duty, have the right
to:
a) Impose warnings;
b) Impose a fine up to VND 500.000.
2. Captains and leaders affiliated to Customs
Sub-departments; leaders of control teams affiliated to Customs Sub-departments
of provinces and central-affiliated cities; captains affiliated to
Post-clearance Inspection Sub-department have the right to:
a) Impose warnings;
b) Impose a fine up to VND 5.000.000.
3. Directors of Customs Sub-departments, Directors
of Post-clearance Inspection Sub-departments, Captains of Control Teams
affiliated to Customs Departments of provinces and central affiliated cities,
Captains of Criminal Investigation Teams, Captains of Smuggling Control Teams,
Captains of Control Squadrons and Captains of Anti-counterfeit Smuggling and
Intellectual Property Protection Teams affiliated to Anti-smuggling Department;
Directors of Post-clearance Inspection Sub-departments affiliated to Post-clearance
Inspection Department have the right to:
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b) Impose a fine up to VND 25.000.000;
c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 50.000.000;
d) Adopt remedial measures under Points a, b, d, e,
and l Clause 3 Article 4 hereof.
4. Director of Anti-smuggling Department, Director
of Post-clearance Inspection Department affiliated to General Department of
Customs, Directors of Customs Departments of provinces and central-affiliated
cities have the right to:
a) Impose warnings;
b) Impose a fine up to VND 50.000.000;
c) Suspend the license of operation temporarily or
suspend the operation temporarily;
d) Confiscate exhibits and instrument of
administrative violations;
dd) Adopt remedial measures under Points a, b, d,
e, and l Clause 3 Article 4 hereof.
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a) Impose warnings;
b) Impose a fine up to the maximum amount
prescribed by this Decree;
c) Confiscate exhibits and instrument of
administrative violations;
d) Adopt remedial measures under Points a, b, d, e,
and l Clause 3 Article 4 hereof.”.
48. Amendments to Article 85:
“Article 85. Entitlement of Border Guard to
impose penalties
1. Border Guard soldiers while on duty have the
power to:
a) Impose warnings;
b) Impose a fine up to VND 500.000.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Impose warnings;
b) Impose a fine up to VND 2.500.000.
3. Leaders of Task Force Teams for drug and crime
prevention and control affiliated Task Force Commissions for drug and crime
prevention and control have the right to:
a) Impose warnings;
b) Impose a fine up to VND 10.000.000;
c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 20.000.000;
d) Adopt remedial measures under Point b Clause 3
Article 4 hereof.
4. Commanding Officers of Border Guard Posts,
Captains of Naval Border Guard Flotillas, Commanders of the Border Guard
Commands at port border gates have power to:
a) Impose warnings;
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c) Confiscate exhibits and instruments of
administrative violations whose value does not exceed VND 50.000.000 for
violations under Section 2 Chapter II hereof; does not exceed VND 40.000.000
for other violations under this Decree;
d) Adopt remedial measures under Points a, b, and l
Clause 3 Article 4 hereof.
5. Leaders of Task Force Teams for drug and crime
prevention and control affiliated to the Department of Drug and Crime
Prevention and Control under the control of the Command of Border Guards have
the right to:
a) Impose warnings;
b) Impose a fine of up to VND 100.000.000 for
violations under Section 2 and Section 9 Chapter II hereof; impose a fine of up
to VND 50.000.000 for other violations under this Decree;
c) Confiscate exhibits and instruments of
administrative violations whose value does not exceed VND 200.000.000 for
violations under Section 2 Chapter II hereof; does not exceed VND 100.000.000
for other violations under this Decree;
d) Adopt remedial measures under Points a, b, e,
and l Clause 3 Article 4 hereof.
6. Chief Commanders of provincial Border Guards;
Captains of Naval Border Guard Squadrons, and Director of the Department of
Drug and Crime Prevention and Control affiliated to the Command of Border
Guards shall have the power to:
a) Impose warnings;
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c) Suspend the license of operation temporarily or
suspend the operation temporarily;
d) Confiscate exhibits and instrument of
administrative violations;
dd) Adopt remedial measures under Points a, b, e,
and l Clause 3 Article 4 hereof.”.
49. Amendments to Article 86:
“Article 86. Entitlement of Vietnam Coast
Guard to impose penalties
1. Members of the Vietnam Coast Guard while on duty
have the power to:
a) Impose warnings;
b) Impose a fine up to VND 1.500.000.
2. Director of Professional Affair Department of
Vietnam Coast Guard has the power to:
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b) Impose a fine up to VND 5.000.000.
3. Leaders of Professional Affair Teams of the
Vietnam Coast Guard and Chiefs of Vietnam Coast Guard posts have the power to:
a) Impose warnings;
b) Impose a fine up to VND 10.000.000;
c) Adopt remedial measures under Point b Clause 3
Article 4 hereof.
4. Captain of Coast Guard Flotilla has the power
to:
a) Impose warnings;
b) Impose a fine of up to VND 25.000.000 for
violations under Section 2 and Section 9 Chapter II hereof; impose a fine of up
to VND 20.000.000 for other violations under this Decree;
c) Confiscate exhibits and instruments of
administrative violations whose value does not exceed VND 50.000.000 for
violations under Section 2 Chapter II hereof; does not exceed VND 40.000.000
for other violations under this Decree;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Captains of Naval Border Guard Squadrons; Heads
of Reconnaissance Commissions; Heads of Task Force Commissions for Drug Crime
Prevention and Control affiliated to the Command of Coast Guard of Vietnam have
the power to:
a) Impose warnings;
b) Impose a fine of up to VND 50.000.000 for
violations under Section 2 and Section 9 Chapter II hereof; impose a fine of up
to VND 30.000.000 for other violations under this Decree;
c) Confiscate exhibits and instruments of
administrative violations whose value does not exceed VND 100.000.000 for
violations under Section 2 Chapter II hereof; does not exceed VND 60.000.000
for other violations under this Decree;
d) Adopt remedial measures under Points a and b
Clause 3 Article 4 hereof.
6. Regional Commands of Coast Guard and Director of
the Department of Operations and Legislation under the control of the Command
of Coast Guard of Vietnam have the power to:
a) Impose warnings;
b) Impose a fine of up to VND 100.000.000 for
violations under Section 2 and Section 9 Chapter II hereof; impose a fine of up
to VND 50.000.000 for other violations under this Decree;
c) Temporarily suspend license of operation;
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dd) Adopt remedial measures under Points a and b
Clause 3 Article 4 hereof.
7. The Commander of Coast Guard of Vietnam have the
power to:
a) Impose warnings;
b) Impose a fine up to the maximum amount prescribed
by this Decree;
c) Suspend the license of operation temporarily or
suspend the operation temporarily;
d) Confiscate exhibits and instrument of
administrative violations;
dd) Adopt remedial measures under Points a and b
Clause 3 Article 4 hereof.”.
50. Amendments to Article 87:
“Article 87. Entitlement of inspectors to
impose penalties
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a) Impose warnings;
b) Impose a fine up to VND 500.000;
c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 1.000.000;
d) Adopt remedial measures under Point b Clause 3
Article 4 hereof.
2. Chief Inspectors of Departments; heads of
Regional Animal Health Offices, heads of Regional Animal Inspection Offices
affiliated to Department of Animal Health; heads of Regional Plant Inspection
Offices affiliated to Department of Plant Protection; Director of Central
region Agro - Forestry - Fisheries Quality Assurance Sub-department, Director
of Southern region Agro - Forestry - Fisheries Quality Assurance Sub-department
affiliated to the National Agro - Forestry - Fisheries Quality Assurance
Department; Directors of Food Safety Sub-departments affiliated to Departments
of Health; heads of Offices regarding plant production and protection,
livestock production and health, fisheries, and agro-fisheries quality
assurance, irrigation, embankment, natural disaster prevention, forestry, and
rural development affiliated to Departments of Agriculture and Rural
Development; Head of Department of Standards Metrology and Quality affiliated
to Department of Science and Technology; Directors of Sub-department for
Management of Goods and Product Quality in the Central Region, Directors of
Sub-department for Management of Goods and Product Quality in the Southern
Region affiliated to Department for Management of Goods and Product Quality;
and equivalent titles of agencies assigned to conduct field-specific
inspections and entitled to impose penalties by the Government have the power
to:
a) Impose warnings;
b) Impose a fine up to VND 50.000.000;
c) Suspend the license of operation temporarily or
suspend the operation temporarily;
d) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 100.000.000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Director of Department for Management of Goods
and Product Quality affiliated to the Directorate for Standards, Metrology, and
Quality and equivalent titles of agencies assigned to conduct field-specific
inspections and entitled to impose penalties by the Government have the power
to:
a) Impose warnings;
b) Impose a fine of up to VND 140.000.000 for
violations under Section 2 and Section 9 Chapter II hereof; impose a fine of up
to VND 70.000.000 for other violations under this Decree;
c) Suspend the license of operation temporarily or
suspend the operation temporarily;
d) Confiscate exhibits and instruments of
administrative violations whose value does not exceed VND280.000.000 for
violations under Section 2 Chapter II hereof; does not exceed VND 140.000.000
for other violations under this Decree;
dd) Adopt remedial measures under this Decree.
4. Chief Inspectorates of Ministries, ministerial
agencies, General Director of the Directorate for Standards, Metrology, and
Quality, General Director of Vietnam Administration of Forestry, General
Director of Vietnam Directorate of Fisheries, General Director of General
Department of Geology and Minerals of Vietnam, General Director of Vietnam
Environment Administration, Director of Vietnam Chemicals Agency, Director of
Industrial Safety Techniques and Environment Agency, Director of Electricity
Regulatory Authority, Director of Vietnam Trade Promotion Agency, Director of
Vietnam E-commerce and Digital Economy Agency, Director of Vietnam Railway
Authority, Director of Vietnam Inland Waterway Administration, Director of
Vietnam Maritime Administration, Director of Civil Aviation Authority of Vietnam,
Director of Department of Animal Health, Director of Plant Protection
Department, Director of Department of Plant Production, Director of Department
of Livestock Production, Director of Agro - Forestry - Fisheries Quality
Assurance Department, Director of Department of Cooperatives and Rural
Development, Director of Authority of Radio Frequency Management, Director of
Vietnam Telecommunications Authority, Director of Authority of Broadcasting and
Electronic Information, Director of Press Authority, Director of Department of
Publishing, Printing and Issuing, Director of Drug Administration of Vietnam,
Department of Medical Service Administration, Director of Health Environment
Management Agency, Director of General Department of Preventive Medicine, Director
of Vietnam Food Administration; equivalent titles of agencies assigned to
conduct field-specific inspection and entitled to impose penalties by the
Government have the power to:
a) Impose warnings;
b) Impose a fine up to the maximum amount according
to this Decree;
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d) Confiscate exhibits and instrument of
administrative violations;
dd) Adopt rectification measures specified in
Clause 3 Article 5 of this Decree.
5. Heads of field-specific ministerial
inspectorates have the power to impose penalties in accordance with Clause 3 of
this Article.
Heads of field-specific inspectorates of
departments and heads of field-specific inspectorates of agencies assigned to
conduct field-specific inspections have the power to impose penalties in
accordance with Clause 2 of this Article.”.
51. Addition of Article 87a following Article 87:
“Article 87a. Entitlement of National
Competition Committee
Chairperson of the National Competition Committee
has the power to:
1. Impose warnings.
2. Impose a fine up to the maximum amount according
to this Decree.
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4. Confiscation of exhibits and instrument of
administrative violations.
5. Adopt rectification measures specified in Clause
3 Article 5 of this Decree.”.
52. Insert Clause 6a after Clause 6 Article 88 as
follows:
“6a. Chairperson of National Competition
Committee has the power to impose administrative penalties and adopt remedial
measures for violations under Section 9 Chapter II and Article 73 hereof within
the entitlement under Article 87a hereof and their tasks, functions, and
powers.”.
Article 4. Amendments to Decree
No. 99/2020/ND-CP dated August 26, 2020 of the Government imposing penalties
for administrative violations in petroleum and oil, gas trade
1. Addition of Point g to Clause 3 Article 4:
“g) Mandated submission of Petrol and oil trading
license or Trading license which has been fabricated or otherwise altered to
competent agencies and individuals which previously issued the license.”.
2. Addition of Article 4a and Article 4b following
Article 4:
“Article 4a. Concluded administrative
violations, ongoing administrative violations, and penalties for repetitive
administrative violations
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2. Penalties for repetitive administrative
violations:
a) Organizations and individuals which commit
repetitive administrative violations shall be met with aggravating
circumstances which will then be used by competent individuals entitled to
impose penalties when issuing decisions imposing penalties for administrative
violations, except for cases under Point b of this Clause;
b) Organizations and individuals which commit
repetitive administrative violations which will be subject to penalties
depending on value, quantity, amount, or type of exhibits or instruments of
violations according to this Decree shall be met with penalties for each
violation and competent individuals entitled to impose penalties for
administrative violations shall not adopt multiple aggravating circumstances
when issuing decisions imposing penalties for each administrative violation.
Article 4b. Execution of penalties, remedial
measures, and determination of profits illegally generated by the administrative
violations
1. Implementation of decisions imposing penalties
for administrative violations shall conform to Section 2 of Chapter III of the
Second Part of the Law on Imposing Penalties for Administrative Violations and
Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government elaborating
to the Law on Imposing Penalties for Administrative Violations.
2. Other notices, documents, records, or
instruments recording execution of penalties and/or remedial measures must be
included in the dossiers on imposing penalties for administrative violations in
accordance with Article 57 of the Law on Imposing Penalties for Administrative
Violations.
3. Profits illegally generated by the
administrative violations according to this Decree mean instrument, money,
objects, or other assets gained from the administrative violations committed by
the offenders and are determined as follows:
a) Illegal monetary profit means the money
generated by the offenders from the administrative violations and equals the money
generated from illegal transfer or consumption of commodities, provision of
services after deducting direct costs of commodities and services based on
dossiers and documents proving legitimacy of those costs provided by the
offenders; illegal monetary profit generated from consumption of prohibited
commodities, counterfeits, illegally imported commodities, or conditionally
provided services means all money generated from transfer or consumption of
commodities or provision of services;
b) Illegal instrument profit means all valuable
instruments that the offenders gain from the administrative violations. If
valuable instruments have been transferred, the illegal profit shall equal the
money gained at the time of transfer; if valuable instruments have been
dispersed or disposed, the illegal profit shall equal book value of
institutions that issue the valuable instruments at the time of dispersal or
disposal;
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In case objects or other assets are not prohibited
commodities, counterfeits, or illegally imported commodities and have been transferred,
sold, or disposed, the illegal profits shall equal the monetary equivalence of
market value of the same assets or book value of the assets (if market value is
not available) or monetary value of the assets written on the export
declarations, import declarations (in case of exports, imports) of the
offenders after deducting direct costs of commodities based on documents
proving legitimacy of the costs.
In case other objects or assets are prohibited
commodities, counterfeits, or illegally imported commodities and have been
transferred or sold, the illegal profits shall equal total money received by
the offenders when they make the transfer.”.
3. Amendment, addition, and annulment of some
clauses of Article 20:
a) Annul Point a Clause 6;
b) Amend Clause 7:
“7. Remedial measures:
a) Mandated submission of Petrol and oil trading
license which has been fabricated or otherwise altered to competent agencies
and individuals which previously issued the license for violations under Clause
1 of this Article;
b) Mandated submission of illegal revenues
generated by the violations under Point a Clause 2, Clause 3, and Clause 4 of
this Article.”.
4. Annulment of Clause 5 Article 21.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
“c) Signing petrol and oil retail franchise
contracts with an ineligible franchisee as per the law.”.
6. Amendment, addition, and annulment of some
clauses of Article 36:
a) Annul Point a Clause 5;
b) Add Point d to Clause 6:
“d) Mandated submission of Trading license which
has been fabricated or otherwise altered to competent agencies and individuals
which previously issued the license for violations under Point b Clause 4 of
this Article.”.
7. Amendment, addition, and annulment of some
clauses of Article 38:
a) Annul Point a Clause 5;
b) Add Point c to Clause 6:
“c) Mandated submission of Trading license which
has been fabricated or otherwise altered to competent agencies and individuals
which previously issued the license for violations under Point b Clause 2 of
this Article.”.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Annul Point a Clause 3;
b) Amend Clause 4:
“4. Remedial measures:
a) Mandatory submission of illegal revenues
generated by the violations under Clause 2 of this Article;
b) Mandated submission of Trading license which has
been fabricated or otherwise altered to competent agencies and individuals
which previously issued the license for violations under Point b Clause 2 of
this Article.”.
9. Amendment, addition, and annulment of some
clauses of Article 40:
a) Annul Point a Clause 5;
b) Amend Clause 6:
“6. Remedial measures:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Mandated submission of Trading license which has
been fabricated or otherwise altered to competent agencies and individuals
which previously issued the license for violations under Point a Clause 2 of
this Article.”.
10. Amendment, addition, and annulment of some
clauses of Article 42:
a) Annul Point a Clause 4;
b) Amend Clause 5:
“5. Remedial measures:
a) Mandated submission of illegal revenues
generated by the violations under Point b and Point c Clause 2, Clause 3 of
this Article;
b) Mandated submission of Trading license which has
been fabricated or otherwise altered to competent agencies and individuals
which previously issued the license for violations under Point b Clause 2 of
this Article.”.
11. Amendment, addition, and annulment of some clauses
of Article 43:
a) Amend Point a Clause 3:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Amend Clause 4:
“4. Remedial measures:
a) Mandated submission of illegal revenues generated
by the violations under Point dd Clause 1 and Clause 2 of this Article;
b) Mandated submission of Trading license which has
been fabricated or otherwise altered to competent agencies and individuals
which previously issued the license for violations under Point d Clause 1 of
this Article.”.
12. Annulment of Point b Clause 5 Article 44, Point
b Clause 4 Article 45, Point b Clause 4 Article 46, Point a Clause 5 Article
52, and Point b Clause 4 Article 53.
13. Amendments to Article 56:
“Article 56. Entitlements of Chairpersons of
People’s Committees of all levels to impose penalties
1. Chairpersons of People’s Committees of communes
have the power to:
a) Impose a fine ranging up to VND 5.000.000 on
individual offenders and up to VND 10.000.000 on organization offenders;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Adopt remedial measures under Point a Clause 3
Article 4 hereof.
2. Chairpersons of People’s Committees of districts
have the power to:
a) Impose a fine ranging up to VND 100.000.000 on
individual offenders and up to VND 200.000.000 on organization offenders for
violations under Chapter II hereof; a fine ranging up to VND 50.000.000 on
individual offenders and up to VND 100.000.000 on organization offenders for
other violations under this Decree;
b) Suspend Petrol and oil trading license
temporarily or suspend operation temporarily;
c) Confiscate exhibits and instrument of
administrative violations;
d) Adopt remedial measures under Points a, c, d,
dd, e, and g Clause 3 Article 4 hereof.
3. Chairpersons of People’s Committees of provinces
have the power to:
a) Impose a fine up to the maximum amount according
to this Decree;
b) Suspend Petrol and oil trading license or Gas
trading license temporarily or suspend operation temporarily;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Adopt remedial measures under this Decree.”.
14. Amendments to Article 57:
“Article 56. Entitlement of People’s Public
Security to impose penalties
1. People’s Public Security officers, while on
duty, have the power to impose a fine ranging up to VND 500.000 on individual
offenders and up to VND 1.000.000 on organization offenders.
2. Heads of Mobile Police companies, heads of
stations, and commanders of individuals under Clause 1 of this Article have the
power to impose a fine ranging up to VND 1.500.000 on individual offenders and
up to VND 3.000.000 on organization offenders.
3. Heads of police authorities of communes, heads
of police stations, heads of border police posts, export-processing zone police
posts, heads of border police authorities of international airports, commanding
officers of mobile police battalions, commanding officers of naval forces:
a) Impose a fine ranging up to VND 2.500.000 on
individual offenders and up to VND 5.000.000 on organization offenders;
b) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 5.000.000;
c) Adopt remedial measures under Point a Clause 3
Article 4 hereof.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Impose a fine ranging up to VND 25.000.000 on
individual offenders and up to VND 50.000.000 on organization offenders for
violations under Chapter II hereof; a fine ranging up to VND 20.000.000 on
individual offenders and up to VND 40.000.000 on organization offenders for
other violations under this Decree;
b) Suspend Petrol and oil trading license or Gas
trading license temporarily or suspend operation temporarily;
c) Confiscate exhibits and instruments of
administrative violations whose values do not exceed VND 50.000.000 for
violations under Chapter II hereof and not exceed VND 40.000.000 for other
violations under this Decree;
d) Adopt remedial measures under Points a, dd, e,
and g Clause 3 Article 4 hereof.
5. Directors of provincial police authorities have
the power to:
a) Impose a fine ranging up to VND 100.000.000 on
individual offenders and up to VND 200.000.000 on organization offenders for
violations under Chapter II hereof; a fine ranging up to VND 50.000.000 on
individual offenders and up to VND 100.000.000 on organization offenders for
other violations under this Decree;
b) Suspend Petrol and oil trading license or Gas
trading license temporarily or suspend operation temporarily;
c) Confiscate exhibits and instrument of
administrative violations;
d) Decide to adopt expulsion penalty;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. Director of the Internal Political Security
Department; Director of the Economic Security Department; Director of the
Police Department for Social Order Administration; Director of the
Investigation Police Department for Social Order Crimes; Director of the
Investigation Police Department for Corruption, Economic and Smuggling Crimes;
Director of the Investigation Police Department for Drug Crimes; Director of
the Traffic Police Department; Director of the Firefighting, Prevention and
Rescue Police Department; Director of the Police Department for Prevention and
Control of Environmental Crimes; Director of the Cybersecurity, Hi-tech Crimes
Prevention and Control Department; Director of the Internal Security Department;
Director of Department of Homeland Security, and Mobile Police Command have the
power to:
a) Impose a fine up to the maximum amount according
to this Decree;
b) Suspend Petrol and oil trading license, Gas
trading license temporarily or suspend operation temporarily;
c) Confiscate exhibits and instrument of
administrative violations;
d) Adopt remedial measures under Points a, d, dd,
e, and g Clause 3 Article 4 hereof.
7. Director of Immigration Department has the power
to impose penalties in accordance with Clause 6 of this Article and impose
expulsion penalty.”.
15. Amendments to Article 58:
“Article 58. Entitlement of Border Guard to
impose penalties
1. Border Guard officers, in the performance of their
duty, have the power to impose a fine ranging up to VND 500.000 for individual
offenders and up to VND 1.000.000 for organization offenders.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Leaders of Task Force Teams for drug and crime
prevention and control affiliated Task Force Commissions for drug and crime
prevention and control have the power to:
a) Impose a fine ranging up to VND 10.000.000 on
individual offenders and up to VND 20.000.000 on organization offenders;
b) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 20.000.000;
c) Adopt remedial measures under Points a Clause 3
Article 4 hereof.
4. Commanding Officers of Border Guard Posts,
Captains of Naval Border Guard Flotillas, Commanders of the Border Guard
Commands at port border gates have power to:
a) Impose a fine ranging up to VND 25.000.000 on
individual offenders and up to VND 50.000.000 on organization offenders for
violations under Chapter II hereof; a fine ranging up to VND 20.000.000 on
individual offenders and up to VND 40.000.000 on organization offenders for
other violations under this Decree;
b) Confiscate exhibits and instruments of
administrative violations whose values do not exceed VND 50.000.000 for
violations under Chapter II hereof and not exceed VND 40.000.000 for other
violations under this Decree;
c) Adopt remedial measures under Points a, b, e,
and g Clause 3 Article 4 hereof.
5. Leaders of Task Force Teams for drug and crime
prevention and control affiliated to the Department of Drug and Crime
Prevention and Control under the control of the Command of Border Guards have
the power to:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Confiscate exhibits and instruments of
administrative violations whose values do not exceed VND 200.000.000 for
violations under Chapter II hereof and not exceed VND 100.000.000 for other
violations under this Decree;
c) Adopt remedial measures under Points a, b, d, e,
and g Clause 3 Article 4 hereof.
6. Chief Commanders of provincial Border Guards;
Captains of Naval Border Guard Squadrons, and Director of the Department of
Drug and Crime Prevention and Control affiliated to the Command of Border
Guards shall have the power to:
a) Impose a fine up to the maximum amount according
to this Decree;
b) Suspend Petrol and oil trading license, Gas
trading license temporarily or suspend operation temporarily;
c) Confiscate exhibits and instrument of
administrative violations;
d) Adopt remedial measures under Points a, b, d, e,
and g Clause 3 Article 4 hereof.”.
16. Amendments to Article 59:
“Article 59. Entitlement of Vietnam Coast Guard
to impose penalties
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Director of Professional Affair Department of
Vietnam Coast Guard has the power to impose a fine ranging up to VND 5.000.000
on individual offenders and up to VND 10.000.000 on organization offenders.
3. Leaders of Professional Affair Teams of the
Vietnam Coast Guard and Chiefs of Vietnam Coast Guard have the power to impose
penalties ranging up to VND 10.000.000 on individual offenders and up to VND
20.000.000 on organization offenders.
4. Captain of Coast Guard Flotilla has the power
to:
a) Impose a fine ranging up to VND 25.000.000 on
individual offenders and up to VND 50.000.000 on organization offenders for
violations under Chapter II hereof; a fine ranging up to VND 20.000.000 on
individual offenders and up to VND 40.000.000 on organization offenders for
other violations under this Decree;
b) Confiscate exhibits and instruments of
administrative violations whose values do not exceed VND 50.000.000 for
violations under Chapter II hereof and not exceed VND 40.000.000 for other
violations under this Decree;
c) Adopt remedial measures under Points a, b, e,
and g Clause 3 Article 4 hereof.
5. Captains of Naval Border Guard Squadrons; Heads
of Reconnaissance Commissions; Heads of Task Force Commissions for Drug Crime Prevention
and Control affiliated to the Command of Coast Guard of Vietnam have the power
to:
a) Impose a fine ranging up to VND 50.000.000 on
individual offenders and up to VND 100.000.000 on organization offenders for
violations under Chapter II hereof; a fine ranging up to VND 30.000.000 on
individual offenders and up to VND 60.000.000 on organization offenders for
other violations under this Decree;
b) Confiscate exhibits and instruments of
administrative violations whose values do not exceed VND 100.000.000 for
violations under Chapter II hereof and not exceed VND 60.000.000 for other
violations under this Decree;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. Regional Commands of Coast Guard and Director of
the Department of Operations and Legislation under the control of the Command
of Coast Guard of Vietnam have the power to:
a) Impose a fine ranging up to VND 100.000.000 on
individual offenders and up to VND 200.000.000 on organization offenders for
violations under Chapter II hereof; a fine ranging up to VND 50.000.000 on
individual offenders and up to VND 100.000.000 on organization offenders for
other violations under this Decree;
b) Suspend Petrol and oil trading license, Gas
trading license temporarily;
c) Confiscate exhibits and instrument of
administrative violations;
d) Adopt remedial measures under Points a, b, e,
and g Clause 3 Article 4 hereof.
7. The Commander of Coast Guard of Vietnam has the
power to:
a) Impose a fine up to the maximum amount according
to this Decree;
b) Suspend Petrol and oil trading license, Gas
trading license temporarily or suspend operation temporarily;
c) Confiscate exhibits and instrument of
administrative violations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
17. Amendments to Article 60:
“Article 60. Entitlement of customs to impose
penalties
1. Customs officials, in the performance of their
duty, have the power to impose a fine ranging up to VND 500.000 on individual
offenders and VND 1.000.000 on organization offenders.
2. Captains and leaders affiliated to Customs
Sub-departments; leaders of control teams affiliated to Customs Sub-departments
of provinces and central-affiliated cities; captains affiliated to Post-clearance
Inspection Sub-departments have the power to impose a fine ranging up to VND
5.000.000 on individual offenders and up to VND 10.000.000 on organization
offenders.
3. Directors of Customs Sub-departments, Directors
of Post-clearance Inspection Sub-departments, Captains of Control Teams
affiliated to Customs Departments of provinces and central affiliated cities,
Captains of Criminal Investigation Teams, Captains of Smuggling Control Teams,
Captains of Control Squadrons and Captains of Anti-counterfeit Smuggling and
Intellectual Property Protection Teams affiliated to Anti-smuggling Department;
Directors of Post-clearance Inspection Sub-departments affiliated to
Post-clearance Inspection Department have the right to:
a) Impose a fine ranging up to VND 25.000.000 on
individual offenders and up to VND 50.000.000 on organization offenders;
b) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 50.000.000;
c) Adopt remedial measures under Points a, b, d,
dd, e, and g Clause 3 Article 4 hereof.
4. Director of Anti-smuggling Department, Director
of Post-clearance Inspection Department affiliated to General Department of
Customs, Directors of Customs Departments of provinces and central-affiliated
cities have the right to:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Suspend Petrol and oil trading license, Gas
trading license temporarily or suspend operation temporarily;
c) Confiscate exhibits and instrument of
administrative violations;
d) Adopt remedial measures under Points a, b, d,
dd, e, and g Clause 3 Article 4 hereof.
5. General Director of General Department of
Customs has the right to:
a) Impose a fine up to the maximum amount according
to this Decree;
b) Confiscation of exhibits and instrument of
administrative violations;
c) Adopt remedial measures under Points b, d, dd,
e, and g Clause 3 Article 4 hereof.”.
18. Amendments to Article 61:
“Article 61. Entitlement of market surveillance
entities to impose penalties
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Chiefs of Market surveillance teams, Heads of
Professional Affair Departments affiliated to Department of Market Surveillance
have the power to:
a) Impose a fine ranging up to VND 25.000.000 on
individual offenders and up to VND 50.000.000 on organization offenders;
b) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 50.000.000;
c) Adopt remedial measures under Points a, c, d,
dd, e, and g Clause 3 Article 4 hereof.
3. Directors of Departments of Market Surveillance
of provinces and Directors of Departments of Market Surveillance Professional
Affairs affiliated to the Vietnam Directorate of Market Surveillance have the
power to:
a) Impose a fine ranging up to VND 50.000.000 on
individual offenders and up to VND 100.000.000 on organization offenders;
b) Suspend Petrol and oil trading license, Gas
trading license temporarily or suspend operation temporarily;
c) Confiscate exhibits and instrument of
administrative violations;
d) Adopt remedial measures under this Decree.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Impose a fine up to the maximum amount according
to this Decree;
b) Suspend Petrol and oil trading license, Gas
trading license temporarily or suspend operation temporarily;
c) Confiscate exhibits and instrument of
administrative violations;
d) Adopt remedial measures under this Decree.”.
19. Amendments to Article 62:
“Article 62. Entitlement of inspectors to impose
penalties
1. Inspectors, persons assigned to perform
specialized inspection regarding land, while on a duty, have the power to:
a) Impose a fine ranging up to VND 500.000 on
individual offenders and up to VND 1.000.000 on organization offenders;
b) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 1.000.000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Chief Inspectors of Departments of Industry and
Trade, Chief Inspectors of Departments of Science and Technology, Chief
Inspectors of Departments of Natural Resources and Environment; Heads of
Sub-departments of Standards Metrology and Quality affiliated to Departments of
Science and Technology; Directors of Sub-department for Management of Goods and
Product Quality in the Central Region, Directors of Sub-department for
Management of Goods and Product Quality in the Southern Region affiliated to
Department for Management of Goods and Product Quality and equivalent titles of
agencies assigned to conduct field-specific inspections and entitled to impose
penalties have the power to:
a) Impose a fine ranging up to VND 50.000.000 on
individual offenders and up to VND 100.000.000 on organization offenders;
b) Suspend Petrol and oil trading license, Gas
trading license temporarily or suspend operation temporarily;
c) Confiscate exhibits and instrument of
administrative violation whose values do not exceed VND 100.000.000;
d) Adopt remedial measures under this Decree.
3. Director of Department for Management of Goods
and Product Quality affiliated to the Directorate for Standards, Metrology, and
Quality and equivalent titles of agencies assigned to conduct specialized
inspections and entitled to impose penalties by the Government have the power
to:
a) Impose a fine ranging up to VND 250.000.000 on
individual offenders and up to VND 500.000.000 on organization offenders for
violations under Chapter II hereof; a fine ranging up to VND 70.000.000 on
individual offenders and up to VND 140.000.000 on organization offenders for
other violations under this Decree;
b) Suspend Petrol and oil trading license, Gas
trading license temporarily or suspend operation temporarily;
c) Confiscate exhibits and instruments of
administrative violations whose values do not exceed VND 500.000.000 for
violations under Chapter II hereof and not exceed VND 140.000.000 for other
violations under this Decree;
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4. Chief Inspector of Ministry of Industry and
Trade, Chief Inspector of Ministry of Science and Technology, Inspector of
Ministry of Natural Resources and Environment; General Director of Directorate
for Standards, Metrology and Quality of Viet Nam, General Director of General
Department of Geology and Minerals of Vietnam, General Director of Vietnam
Environment Administration, Director of Vietnam Chemicals Agency, Director of
Industrial Safety Techniques and Environment Agency, and equivalent titles of
agencies assigned to conduct field-specific inspections and entitled to impose
penalties by the Government have the power to:
a) Impose a fine up to the maximum amount according
to this Decree;
b) Suspend Petrol and oil trading license, Gas
trading license temporarily or suspend operation temporarily;
c) Confiscate exhibits and instrument of
administrative violations;
d) Adopt remedial measures under this Decree.
5. Heads of field-specific ministerial
inspectorates have the power to impose penalties in accordance with Clause 3 of
this Article.
Heads of field-specific inspectorates of
departments and heads of field-specific inspectorates of agencies assigned to
conduct field-specific inspections have the power to impose penalties in
accordance with Clause 2 of this Article.”.
20. Amendments to Article 63:
“Article 63. Distinctions between
entitlements to impose penalties of Chairpersons of People’s Committees,
People’s Public Security, Border Guard, Vietnam Coast Guard, Market
Surveillance, and Inspectors
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a) Chairpersons of People’s Committees of communes
have the power to impose penalties for administrative violations and adopt
remedial measures for administrative violations under Clause 1 Article 21;
Point a Clause 1 Article 31; Clause 1 Article 33; Clauses 1 and 3 Article 35;
Clause 1 Article 46, Clauses 1, 2, 3, and 4 Article 54 hereof within the
entitlement under Clause 1 Article 56 hereof and assigned powers, functions,
and tasks;
b) Chairpersons of People’s Committees of districts
have the power to impose penalties and adopt remedial measures for
administrative violations under Clause 1 Article 7; Clauses 1 and 2 Article 9;
Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article
17; Article 18; Article 19; Clauses 1, 2, 3, and 4 Article 20; Clause 5 Article
20 (except cases where the offenders commit violations under Clauses 3 and 4
Article 20); Clauses 1, 2, and 3 Article 21; Article 22; Article 23; Article
24; Article 25; Clause 1 Article 26; Clause 1 Article 27; Article 28; Article
29; Article 31; Article 33; Article 34; Article 35; Clauses 1 and 2 Article 36;
Article 37; Clauses 1, 2, and 3 Article 38; Article 39; Clauses 1, 2, and 3
Article 40; Article 41; Article 42; Article 43; Clauses 1, 2, and 3 Article 44;
Article 45; Article 46; Article 47; Article 48; Article 49; Article 50; Article
51; Clauses 1 and 2 Article 52; Article 53 and Article 54 hereof within the
entitlement under Clause 2 Article 56 hereof and assigned powers, functions,
and tasks;
c) Chairpersons of People’s Committees of provinces
have the power to impose penalties and adopt remedial measures for
administrative violations under this Decree (except for cases where foreigners
commit violations under Clauses 4, 5, and 6 Article 6 and Clauses 5 and 6
Article 7) within the entitlement under Clause 3 Article 56 hereof and assigned
powers, functions, and tasks.
2. Distinctions between entitlements to impose
penalties of People’s Public Security forces:
a) People’s Public Security officers, in the
performance of their duty, have the power to impose penalties and adopt
remedial measures for administrative violations under Point b Clause 1 Article
54 hereof within the entitlement under Clause 1 Article 57 hereof and assigned
powers, tasks, and functions;
b) Heads of mobile police companies, chiefs of
stations, team captains of individuals mentioned under Point a of this Clause
are entitled to impose penalties and adopt remedial measures for administrative
violations under Clause 1 Article 35 and Point b Clause 1, Clause 2 Article 54
hereof within the entitlement under Clause 2 Article 57 hereof and assigned
powers, functions, and tasks;
c) Heads of police authorities of communes, heads
of police stations, heads of border police posts, export-processing zone police
posts, heads of border police authorities of international airports, commanding
officers of mobile police battalions, commanding officers of naval forces have
the power to impose penalties and adopt remedial measures for administrative
violations under Clause 1 Article 35 and Clauses 1, 2, and 3 Article 54 hereof
within the entitlement under Clause 3 Article 57 hereof and assigned powers,
functions, and tasks;
Chiefs of police authorities of districts; Head of
Professional Department Affair affiliated to the Internal Political Security
Department; Head of Professional Affair Department affiliated to the Police
Department for Administrative Management of Social Order; Head of Professional
Affair Department affiliated to the Traffic Police Department; Head of
Professional Affair Department affiliated to The Police Department of Fire
Prevention and Fighting and Rescue; Head of Professional Affair Department
affiliated to the Department of Cyber Security and Hi-tech Crime Prevention;
Head of Professional Affair Department affiliated to the Vietnam Immigration
Department; Directors of the following entities affiliated to provincial police
authority: Director of Internal Political Security Department, Director of
Police Department for Administrative Management of Social Order, Director of
Investigation Police Department on Social Order Crimes, Director of
Investigation Police Department on Corruption, Economic, and Smuggling Crimes,
Director of Investigation Police Department on Drug-related Crimes, Director of
Traffic Police Department, Director of the Road-Railway Traffic Police
Division, Director of the Road Traffic Police Division, Director of the
Waterway Traffic Police Division, Director of the Mobile Police Department,
Director of Security Guard Department, Director of Criminal Judgment Execution
and Judicial Assistance Division, Chief of Police Division for Prevention and
Control of Environmental Crimes, Chief of Firefighting, Prevention and Rescue
Police Division, Director of Cybersecurity, Hi-Tech Crime Prevention and
Control Division, Director of Immigration Division, Director of Economic
Security Division, Director of External Security Division, Commanding Officer
of Mobile Police Regiment, Captain of Squadron are entitled to impose penalties
and adopt remedial measures for administrative violations under Clause 1
Article 7; Clause 1 Article 11; Article 12; Clause 1 Article 14; Clause 1
Article 15; Clause 1 Article 16; Clause 1 Article 17; Clause 1 Article 19;
Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20 (except cases where
the offenders commit violations under Clauses 2, 3, and 4 Article 20); Clause 1
Article 21; Clause 1 Article 22; Article 25; Clause 1 Article 26; Clauses 1 and
2 Article 29; Points a, b, and c Clause 1 Article 31; Clauses 1, 2, and 3,
Point a Clause 7, Clause 8 Article 33; Clauses 1 and 2 Article 34; Clauses 1,
3, and 4 Article 35; Clause 1 Article 39; Clause 1 Article 42; Points a, b, c,
and d Clause 1 Article 43; Clause 1 Article 44; Clause 1 Article 45; Clause 1,
Points a, b, d, and dd Clause 2, Point c Clause 3 Article 46; Clause 1, Points
a and c Clause 2 Article 47; Clauses 1 and 2 Article 48; Clause 1 Article 49;
Clauses 1 and 2 Article 50; Clause 1 Article 51; Clause 1 Article 52; Clause 1
Article 53 and Clauses 1, 2, 3, and 4, Points a and b Clause 5 Article 54
hereof within the entitlement under Clause 4 Article 57 hereof and assigned
powers, functions, and tasks;
dd) Directors of Police authorities of districts
are entitled to impose penalties and adopt remedial measures for administrative
violations under Clause 1 Article 7; Clauses 1 and 2 Article 9; Article 11;
Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article
18; Article 19; Clauses 1, 2, 3, and 4 Article 20; Clause 5 Article 20 (except
cases where the offenders commit violations under Clauses 3 and 4 Article 20);
Clauses 1, 2, and 3 Article 21; Article 22; Article 23; Article 24; Article 25;
Clause 1 Article 26; Clause 1 Article 27; Article 28; Article 29; Article 31;
Article 33; Article 34; Article 35; Point b Clause 1, Clause 2 Article 36;
Article 37; Points a and c Clause 1, Clauses 2 and 3 Article 38; Article 39;
Clauses 1, 2, and 3 Article 40; Article 42; Article 43; Clauses 1, 2, and 3
Article 44; Article 45; Clause 1, Points a, b, d, and dd Clause 2, Points b and
c Clause 3 Article 46; Article 47; Article 48; Article 49; Article 50; Article
51; Clauses 1 and 2 Article 52; Clause 1, Point c Clause 2, Clause 3 Article 53
and Article 54 hereof within the entitlement under Clause 5 Article 57 hereof
and assigned powers, functions, and tasks;
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g) Director of Immigration Department is entitled
to impose penalties and adopt remedial measures for administrative violations
under this Decree (except for violations under Clause 2 Article 27; Point a
Clause 1, Point a Clause 4 Article 36; Point b Clause 1 Article 38; Article 41;
Point c Clause 2, Point a Clause 3 Article 46; Points a and b Clause 2 Article
53) within the entitlement under Clause 7 Article 57 hereof and assigned
powers, tasks, and functions.
3. Distinctions between entitlements of Border
Guard to impose penalties:
a) Border Guard officers, in the performance of
their duty, are entitled to impose penalties for administrative violations
under Point b Clause 1 Article 54 hereof within the entitlement under Clause 1
Article 58 hereof and assigned tasks, functions, and powers;
b) Heads of posts and Commanding Officers of
individuals under Point a of this Clause are entitled to impose penalties for
administrative violations under Clause 1 Article 35; Point b Clauses 1, 2, and
3 Article 54 hereof within the entitlement under Clause 2 Article 58 hereof and
assigned functions, tasks, and powers;
c) Leaders of Task Force Teams for drug and crime
prevention and control affiliated Task Force Commissions for drug and crime
prevention and control are entitled to impose penalties and adopt remedial
measures for administrative violations under Point c Clause 1 Article 14;
Points a and b Clause 1 Article 31, Clauses 1 and 2 Article 33; Clauses 1, 3,
and 4 Article 35; Clauses 1, 2, 3, and 4, Points a and b Clause 5 Article 54
hereof;
d) Heads of Border Guard Posts, Captains of Naval
Border Guard Flotillas and Commanders of Border Guard Commands at port border
gates are entitled to impose penalties and adopt remedial measures for
administrative violations under Clause 1 Article 11; Point c Clause 1 Article
14; Clause 1 Article 15; Clause 1 Article 16; Clause 1 Article 17; Clause 1
Article 19; Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20 (except
cases where the offenders commit violations under Clauses 2, 3, and 4 Article
20); Article 25; Clause 1 Article 26; Points a, b, and c Clause 1 Article 31;
Clauses 1, 2, and 3, Point a Clauses 7 and 8 Article 33; Clauses 1, 3, and 4
Article 35; Clause 1 Article 52 and Clauses 1, 2, 3, and 4, Points a and b
Clause 5 Article 54 within the entitlement under Clause 3 Article 58 hereof and
assigned tasks, functions, and powers;
dd) Leaders of Task Force Teams for drug and crime
prevention and control affiliated to the Department of Drug and Crime
Prevention and Control under the control of the Command of Border Guards are
entitled to impose penalties and adopt remedial measures for administrative
violations under Clause 1, Points a, c, and d Clause 2 Article 9; Clause 1,
Points c and d Clause 2 Article 11; Article 13; Point c Clause 1, Clause 2 Article
14; Clause 1 Article 15; Clause 1 Article 16; Clause 1 Article 17; Point a
Clause 1 Article 18; Clause 1 Article 19; Clause 1, Point b Clause 2, Clause 3,
Clause 4, Clause 5 Article 20; Clause 3, Clause 4 Article 22; Point a Clause 2
and Point b Clause 3 Article 24; Article 25; Clause 1 Article 26; Clause 1
Article 27; Clause 1, Clause 3 Article 28; Article 31; Article 33; Article 35;
Clauses 1 and 2 Article 52; Article 54 hereof;
e) Chief Commanders of provincial Border Guards;
Captains of Naval Border Guard Squadrons, and Director of the Department of
Drug and Crime Prevention and Control affiliated to the Command of Border
Guards are entitled to impose penalties and adopt remedial measures for
administrative violations under Clauses 2, 3, 4, 5, and 6 Article 6 (except for
cases where foreigners commit violations under Clauses 4, 5, and 6 Article 6);
Clauses 4, 5, and 6 Article 7 (except for cases where foreigners commit
violations under Clauses 5 and 6 Article 7); Clause 2 Article 8; Clause 1, Points
a, c, and d Clause 2, Clause 3 Article 9; Clause 1, Point c and d Clause 2
Article 11; Article 13; Article 14; Article 15; Article 16; Article 17; Article
18; Article 19; Article 20; Clauses 3 and 4 Article 22; Point a Clause 2 and
Point b Clause 3 Article 24; Article 25; Article 26; Clause 1, 2 Article 27;
Clauses 1 and 3 Article 28; Article 31; Article 33; Article 35; Article 52 and
Article 54 hereof within the entitlement under Clause 4 Article 58 hereof and
assigned tasks, functions, and powers.
4. Distinctions between entitlements of Vietnam
Coast Guard to impose penalties:
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b) Leaders of Professional Affair Teams of the
Vietnam Coast Guard and Chiefs of Vietnam Coast Guard posts are entitled to
impose penalties and adopt remedial measures for administrative violations
under Point c Clause 1 Article 14; Clause 1 Article 21; Point a Clause 7
Article 33; Clause 1 Article 34; Clauses 1 and 4 Article 35 and Point b Clause
1 Article 47 hereof within the entitlement under Clause 2 Article 59 hereof and
assigned tasks, powers, and functions;
c) Captain of Coast Guard Flotilla is entitled to
impose penalties and adopt remedial measures for administrative violations
under Point d Clause 1 Article 11; Point c Clause 1 Article 14; Clause 1
Article 15; Clause 1 Article 16; Clause 1 Article 17; Clause 1 Article 19;
Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20 (except for cases
where the offenders commit violations under Clauses 2, 3, and 4 Article 20);
Clause 1 Article 21; Article 25; Points a, b, and c Clause 1 Article 31;
Clauses 1, 2, and 3, Point a Clause 7, Clause 8 Article 33; Clause 1 Article
34; Clauses 1 and 4 Article 35; Point b Clause 1 Article 47 and Clause 1
Article 52 hereof within the entitlement under Clause 3 Article 59 hereof and
assigned tasks, functions, and powers;
d) Captains of Naval Border Guard Squadrons; Heads
of Reconnaissance Commissions; Heads of Task Force Commissions for Drug Crime
Prevention and Control affiliated to the Command of Coast Guard of Vietnam are
entitled to impose penalties and adopt remedial measures for violations under
Point b Clause 1 Article 9; Point d Clause 1 Article 11; Article 13; Point c
Clause 1 Article 14; Article 15; Article 16; Article 17; Clause 1 Article 19;
Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20 (except for cases
where the offenders commit violations under Clauses 2, 3, and 4 Article 20);
Clause 1 Article 21; Article 25; Clause 1 Article 26; Clause 1 Article 28;
Points a, b, c, and d Clause 1 Article 31; Clauses 1, 2, 3, and 4, Point a
Clause 7, Clause 8 Article 33; Clause 1 Article 34; Clauses 1 and 4 Article 35;
Point b Clause 1 Article 47 and Clause 1 Article 52 hereof within the
entitlement under Clause 4 Article 59 hereof and assigned functions, tasks, and
powers;
dd) Regional Commands of Coast Guard and Director
of the Department of Operations and Legislation under the control of the
Command of Coast Guard of Vietnam are entitled to impose penalties and adopt
remedial measures for administrative violations under Point b Clause 1, Points
a, c, and d Clause 2 Article 9; Point d Clause 1 Article 11; Article 13; Clause
1 Article 14; Clause 1 Article 15; Clause 1 Article 16; Clause 1 Article 17;
Article 18; Clause 1 Article 19; Clause 1, Point b Clause 2 Article 20; Clause
5 Article 20 (except for cases where the offenders commit violations under
Point a Clause 2, Clauses 3 and 4 Article 20); Clauses 1 and 3 Article 21;
Article 25; Clause 1 Article 26; Clauses 1 and 3 Article 28; Article 31;
Clauses 1, 2, 3, 4, 5, and 6, Point a Clause 7, Clause 8 Article 33; Clause 1
Article 34; Clauses 1 and 4 Article 35; Points a and b Clause 1 Article 47 and
Clause 1 Article 52 hereof within the entitlement under Clause 5 Article 59
hereof and assigned tasks, functions, and powers;
e) The Command of Coast Guard of Vietnam is
entitled to impose penalties and adopt remedial measures for administrative
violations under Clause 1 Article 6; Clauses 2 and 3, Point a Clause 4, Clause
6 Article 7 (except for cases where foreigners commit violations under Clause 6
Article 7); Clause 2 Article 8; Point b Clause 1, Clause 2, Clause 3 Article 9;
Point d Clause 1 Article 11; Article 13; Clause 1 Article 14; Article 15;
Article 16; Article 17; Article 18; Article 19; Clause 1, Point b Clause 2,
Clause 5 Article 20 (except for cases where the offenders commit violations
under Point a Clause 2, Clause 3, Clause 4 Article 20); Clauses 1, 3, and 4
Article 21; Article 25; Clause 1, Point b Clause 2 Article 26; Clause 3 Article
27; Article 28; Article 31; Clauses 1, 2, 3, 4, 5, and 6, Point a Clause 7,
Clause 8 Article 33; Clause 1 Article 34; Clause 1, 4 Article 35; Point b
Clause 1, Clauses 2 and 3 Article 36; Points a and c Clause 1, Clauses 3 and 4
Article 38; Point b Clause 2, Point c Clause 3 Article 46; Point b Clause 1,
Point a Clause 2 Article 47; Clause 1 and 4 Article 52 hereof within the
entitlement under Clause 6 Article 59 hereof and assigned tasks, functions, and
powers.
5. Distinctions in entitlements of Customs to
impose penalties:
a) Directors of Customs Sub-departments, Directors
of Post-clearance Inspection Sub-departments, Captains of Control Teams
affiliated to Customs Departments of provinces and central affiliated cities,
Captains of Criminal Investigation Teams, Captains of Smuggling Control Teams,
Captains of Control Squadrons and Captains of Anti-counterfeit Smuggling and
Intellectual Property Protection Teams affiliated to Anti-smuggling Department;
Directors of Post-clearance Inspection Sub-departments affiliated to
Post-clearance Inspection Department are entitled to impose penalties and adopt
remedial measures for administrative violations related to import, export,
temporary import and re-export, temporary export and re-import, transshipment
of goods under Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20
(except for cases where the offenders commit violations under Clauses 2, 3, and
4 Article 20); Article 25; Clause 1 Article 26; Points a, b, and c Clause 1
Article 31 and Clauses 1, 2, 3, 7, and 8 Article 33 hereof within the
entitlement under Clause 1 Article 60 hereof and assigned functions, tasks, and
powers;
b) Director of Anti-smuggling Department, Director
of Post-clearance Inspection Department affiliated to General Department of Customs,
Directors of Customs Departments of provinces and central-affiliated cities are
entitled to impose penalties and adopt remedial measures for administrative
violations related to import, export, temporary import and re-export, temporary
export and re-import, transshipment of goods under Article 18; Clauses 1, 2, 3,
and 4 Article 20; Clause 5 Article 20 (except for cases where the offenders
commit violations under Clauses 3 and 4 Article 20); Article 25; Clause 1
Article 26; Clause 1 Article 27; Article 31 and Article 33 hereof within the
entitlement under Clause 2 Article 60 hereof and assigned functions, tasks, and
powers;
c) General Director of General Department of
Customs is entitled to impose penalties and adopt remedial measures for
administrative violations related to import, export, temporary import and
re-export, temporary export and re-import, transshipment of goods under Clause
1, Point b Clause 2, Clauses 3, 4, and 5 Article 20; Article 25; Article 26;
Article 27; Article 31; Article 33, Points a and b Clause 4 Article 36 hereof
within the entitlement under Clause 3 Article 60 hereof and assigned tasks,
functions, and powers.
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a) Market surveillance personnel, in the
performance of their duty, are entitled to impose penalties and adopt remedial
measures for administrative violations under Point b Clause 1 Article 54 hereof
within the entitlement under Clause 1 Article 61 hereof and assigned powers, tasks,
and functions;
b) Captains of Market Surveillance Teams, directors
of professional affair departments affiliated to Department of Market
Surveillance Practices are entitled to impose penalties and adopt remedial
measures for administrative violations under Point c Clause 1, Clause 2 Article
14; Clause 1 Article 15; Clause 1 Article 16; Clause 1 Article 17; Clause 1
Article 19; Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20 (except
for cases where the offenders commit violations under Clauses 2, 3, and 4
Article 20); Clauses 1 and 2 Article 21; Clause 1 Article 22; Clause 1 Article
23; Clause 1 Article 24; Article 25; Clause 1 Article 26; Clauses 1 and 2
Article 29; Points a, b and c Clause 1 Article 31; Clauses 1, 2, 3, 7, and 8
Article 33; Clauses 1 and 2 Article 34; Article 35; Points a and b Clause 2
Article 39; Article 41; Clause 1 Article 42; Points a and d Clause 1 Article
43; Clause 1 Article 44; Clause 1 Article 45; Clause 1 Article 46; Clause 2
Article 46; Clause 1, Points b and c Clause 2 Article 47; Clauses 1 and 2
Article 48; Clause 1 Article 49; Clauses 1 and 2 Article 50; Clause 1 Article
51; Clause 1 Article 52; Clause 1 Article 53 and Article 54 hereof within the
entitlement under Clause 2 Article 61 and assigned functions, tasks, and
powers;
c) Directors of Departments of Market Surveillance
of provinces and Directors of Departments of Market Surveillance Professional
Affairs affiliated to the Vietnam Directorate of Market Surveillance are
entitled to impose penalties and adopt remedial measures for administrative
violations under Article 14; Article 15; Article 16; Article 17; Article 18;
Article 19; Clauses 1, 2, 3, and 4 Article 20; Clause 5 Article 20 (except for
cases where the offenders commit violations under Clauses 3 and 4 Article 20);
Clauses 1, 2, and 3 Article 21; Article 22; Article 23; Article 24; Article 25;
Clause 1 Article 26; Clause 1 Article 27; Article 28; Article 29; Article 31;
Article 33; Article 34; Article 35; Clauses 1 and 2 Article 36; Article 37; Clauses
1, 2, and 3 Article 38; Article 39; Clauses 1, 2, and 3 Article 40; Article 41;
Article 42; Article 43; Clauses 1, 2, and 3 Article 44; Article 45; Article 46;
Article 47; Article 48; Article 49; Article 50; Article 51; Clauses 1 and 2
Article 52; Article 53 and Article 54 hereof within the entitlement under
Clause 3 Article 61 hereof and assigned functions, tasks, and powers;
d) General Director of Directorate of Market
Surveillance is entitled to impose penalties and adopt remedial measures for
administrative violations under Chapter III and Chapter IV hereof within the
entitlement under Clause 4 Article 61 hereof and assigned functions, tasks, and
powers.
7. Competent individuals of Inspectorates
specializing in industry and trade, price, natural resources and environment,
science and technology are entitled to impose penalties and adopt remedial
measures for administrative violations under this Decree within the entitlement
under Article 62 hereof and assigned tasks, functions, and powers.”.
Article 5. Transition clauses
In case of administrative violations in chemicals
and industrial explosive materials; electricity, effective and efficient use of
energy; commercial activities, production, trading of counterfeits, prohibited
goods, and consumer’s right protection; gas activities, trading of petrol and
oil and gas which occur prior to the effective date hereof and are discovered
after the effective date hereof, adopt this Decree in order to impose penalties
for administrative violations if this Decree does not prescribe legal liability
or prescribes less severe legal liability for offenders.
Article 6. Entry into force and
responsibilities for implementation
1. This Decree comes into force from the day of
signing.
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ON BEHALF OF
GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Van Thanh