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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 24/2025/ND-CP
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Hanoi, February
21, 2025
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DECREE
AMENDMENTS TO
GOVERNMENT’S DECREE NO. 98/2020/ND-CP DATED AUGUST 26, 2020 PRESCRIBING
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON COMMERCE,
PRODUCTION AND TRADE IN COUNTERFEIT AND PROHIBITED GOODS, AND PROTECTION OF
CONSUMER RIGHTS, AS AMENDED IN GOVERNMENT’S DECREE NO. 17/2022/ND-CP DATED
JANUARY 31, 2022 PROVIDING AMENDMENTS TO DECREES PRESCRIBING PENALTIES FOR
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON CHEMICALS AND INDUSTRIAL
EXPLOSIVE MATERIALS; ELECTRICITY, HYDROELECTRICITY DAM SAFETY, EFFECTIVE AND
EFFICIENT USE OF ENERGY; COMMERCE, PRODUCTION AND TRADE OF COUNTERFEIT AND
PROHIBITED GOODS, AND PROTECTION OF CONSUMER RIGHTS; PETROLEUM, PETROL, OIL,
AND GAS TRADING
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on amendments to the Law on Government
Organization and the Law on Organization of Local Governments dated November
22, 2019;
Pursuant to the Law on penalties for
administrative violations dated June 20, 2012, and the Law on amendments to the
Law on penalties for administrative violations dated November 13, 2020;
Pursuant to the Law on Commerce dated June 14,
2005;
Pursuant to the Law on Quality of Goods and
Products dated November 21, 2007;
Pursuant to the Law on Protection of Consumer
Rights dated June 20, 2023;
At the request of the Minister of Industry and
Trade of Vietnam;
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Article 1. Amendments to Government’s Decree No.
98/2020/ND-CP dated August 26, 2020 prescribing penalties for administrative
violations against regulations on commerce, production and trade in counterfeit
and prohibited goods, and protection of consumer rights, as amended in
Government’s Decree No. 17/2022/ND-CP dated January 31, 2022 providing
amendments to decrees prescribing penalties for administrative violations
against regulations on chemicals and industrial explosive materials;
electricity, hydroelectricity dam safety, effective and efficient use of
energy; commerce, production and trade of counterfeit and prohibited goods, and
protection of consumer rights; petroleum, petrol, oil, and gas trading
1. Clause 3 Article 4 is
amended as follows:
“3. In addition to the remedial measures stated in
Points d, dd, e, g, h and i Clause 1 Article 28 of the Law on penalties for
administrative violations, this Decree also provides for other remedial
measures as follows:
a) Enforced recall of defective products and goods;
b) Enforced cancellation of results announced in
the prize-awarding day and re-organization of the prize-awarding day for
promotional games of chance;
c) Enforced modification of signed contracts or
enforced modification of standard form contracts/contracts containing general
terms and conditions as prescribed;
d) Enforced revocation of “.vn” domain name of
e-commerce websites or enforced removal of mobile apps from apps store or
addresses on which such apps are provided;
dd) Enforced return of business licenses whose
contents have been erased or altered to licensing authorities or persons;
e) Enforced recovery of exhibits and
instrumentalities of the violation which have been liquidated or hidden.”.
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“b) Each of the fines prescribed in Chapter II
hereof is imposed for an administrative violation committed by an individual,
except for the administrative violations prescribed in Article 33; Article 34;
Article 35; clause 4 Article 46; clauses 2, 3 Article 53a; clauses 5, 7, 8, 9
Article 56; Article 67; Article 68; Article 70 and clauses 6, 7, 8 Article 77
hereof. The fine imposed upon an organization is twice as much as that imposed
upon an individual for committing the same administrative violation.”.
3. Heading of Article 17, and clause 1, point b
clause 12, clause 13 and clause 14 Article 17 are amended as follows:
a) Heading of Article 17 is amended as follows:
“Article 17. Violations involving trading of
goods of unknown origin and minerals without lawful origin”;
b) Clause 1 is amended as follows:
“1. A warning or a fine ranging from VND 300.000 to
VND 500.000 shall be imposed for committing one of the following violations if
the violation involves goods worth less than VND 1.000.000:
a) Trading in goods of unknown origin;
b) Trading in, transporting, storing or consuming
minerals without lawful origin.”;
c) Point b clause 12 is amended as follows:
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d) Clause 13 and clause 14 are amended as follows:
"13. Additional penalty:
The exhibits of the violations prescribed in this
Article shall be confiscated, unless the remedial measure prescribed in point a
clause 14 of this Article is imposed.
14. Remedial measures:
a) The exhibits which cause harm to human health,
domestic animals, plants and environment shall be subject to compulsory
destruction in case of commission of the violation in Point a clause 1 of this
Article;
b) The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.”.
4. Clause 1 Article 40 is
amended as follows:
“1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for committing one of the following violations:
a) Failing to comply with or improperly
implementing regulations on periodical reporting on temporary import for
re-export of goods;
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5. Section 9 Chapter II is
amended as follows:
“Section 9
VIOLATIONS
AGAINST REGULATIONS ON PROTECTION OF CONSUMER RIGHTS
Article 46. Violations against regulations on
protection of consumers’ information
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for committing one of the
following violations:
a) Failing to make documents to authorize or hire a
third party to collect, store, use, modify, update or destroy consumer
information as prescribed, except the case prescribed in point r clause 1
Article 53a hereof;
b) Making a document to authorize or hire a third
party to collect, store, use, modify, update or destroy consumer information
which does not indicate the scope and responsibility of each party for protecting
consumer information in accordance with regulations of the Law on Protection of
Consumer Rights and other relevant laws, except the case prescribed in point 2
clause 1 Article 53a hereof;
c) Authorizing or hiring a third party to collect,
store, use, modify, update or destroy consumer information without obtaining
consent from the consumer, except the case prescribed in point t clause 1
Article 53a hereof;
d) Failing to formulate information protection
rules generally applied to consumers, or formulating such rules which do not
include adequate contents as prescribed in clause 1 Article 16 of the Law on
Protection of Consumer Rights;
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e) Failing to allow consumers to access the
information protection rules generally applied to consumers prior to or at the
time of information collection as prescribed;
g) Failing to notify consumers of the purpose and
scope of information collection, scope of information use and information
storage period before collecting and using consumer information, or making such
notification against regulations of Article 17 of the Law on Protection of
Consumer Rights;
h) Collecting and using consumer information before
obtaining consent from consumers as prescribed, except the case prescribed in
point d clause 2 of this Article;
i) Failing to establish a mechanism for consumers
to be able to choose information fields which consumers agree to provide and
express their consent as prescribed;
k) Failing to notify consumers again before
changing the purpose and scope of information use notified to consumers, or
changing the purpose and scope of information use notified to consumers before
obtaining consent for such change from consumers;
l) Using consumer information inaccurately or in a
manner which is not conformable with the notified purposes and scope;
m) Failing to allow consumers to choose between
permitting or not permitting one of the acts specified in points a and b clause
4 Article 18 of the Law on Protection of Consumer Rights;
n) Failing to comply with consumers' request for checking,
correction, updating, destruction, transfer or suspension of transfer of their
information or failing to provide consumers with tools and/or information to do
so themselves as prescribed by law;
o) Failing to destroy consumer information when the
storage period expires under the information protection rules generally applied
to consumers or regulations of law.
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a) Failing to receive or handle consumers’
feedback, requests and complaints related to illegal collection of their
information or use of their information for improper purposes or beyond the
notified scope;
b) Failing to notify a competent authority within
24 hours after detecting an attack to the information system which causes a
risk of threatening safety and security of consumer information as prescribed;
c) Failing to adopt measures to assure safety and
security of consumer information during collection, storage and use thereof or
failing to adopt measures to prevent acts of violation against regulations on
safety and security of consumer information as prescribed, except the case
prescribed in point a clause 3 Article 64 hereof;
d) Transferring consumer information to a third
party without obtaining consent from consumers as prescribed, except the cases
prescribed in point b clause 5 Article 63 hereof.
3. A fine which is twice
as much as that imposed for the violation specified in clause 1 and clause 2 of
this Article shall be imposed if the violation involves the information which
is sensitive personal data of consumers, except the cases prescribed in clause
4 of this Article.
4. A fine which is four
times that imposed for the violation specified in clause 1 and clause 2 of this
Article shall be imposed if the violation is committed by an organization
establishing and operating big digital platform.
Article 46a. Violations against regulations on
protection of rights of vulnerable consumers
1. A fine ranging from
VND 30.000.000 to VND 50.000.000 shall be imposed for committing one of the
following violations involving vulnerable consumers:
a) Failing to give priority to the receipt and
processing of vulnerable consumers’ requests for protection which are
accompanied with evidence or documents proving that they are vulnerable
consumers and their rights are infringed upon, or transferring such requests to
a third party that does not have any related obligations for processing;
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c) Failing to ensure exercise of rights of
vulnerable consumers during trading of products and goods, and service
provision as prescribed by law;
d) Failing to apply the complaint/dispute
settlement mechanism appropriate to each group of vulnerable consumers as
prescribed by law;
dd) Refusing to process vulnerable consumers’
requests for protection for reasons of differences in language, writing,
customs or practices;
e) Failing to formulate or promulgate procedures,
methods or measures appropriate to each group of vulnerable consumers to
guarantee rights to file complaints and make requests for dispute settlement
and other rights of vulnerable consumers;
g) Failing to formulate or update the contents,
mechanisms and policies applicable to vulnerable consumers or failing to make
them publicly available to vulnerable consumers as prescribed or failing to
provide employees with training in such contents, mechanisms and policies as
prescribed.
2. A fine ranging from
VND 50.000.000 to VND 70.000.000 shall be imposed for stigmatizing or
discriminating against vulnerable consumers or misusing vulnerabilities for
infringement on the legitimate rights and interests of vulnerable consumers
during the process of conducting transactions.
Article 46b. Violations against regulations on
protection of rights of consumers conducting transactions with individuals who
independently and regularly conduct commercial activities but are not required
to register their business
A fine ranging from VND 1.000.000 to VND 3.000.000
shall be imposed upon an individual who independently and regularly conducts
commercial activities but is not required to carry out business registration
for committing one of the following violations:
1. Failing to provide or
inaccurately or inadequately providing information about his/her products,
goods or services sold or supplied to consumers.
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3. Failing to abide by
decisions on recall of products/goods if his/her products or goods sold or
supplied are subject to recall or failing to pay the costs of destruction of
his/her products or goods which have to be destroyed under a competent
authority's decision.
Article 47. Violations against regulations on
provision of information on products, goods, services, standard form contracts,
contracts containing general terms and conditions to consumers and information
on incurred penalties
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed upon a trader for committing one
of the following violations:
a) Inaccurately or inadequately providing consumers
with any piece of the information prescribed in clause 1 Article 21 of the Law
on Protection of Consumer Rights;
b) Failing to provide information on their ability
to supply replacement parts and accessories of products/goods;
c) Failing to provide instructions for use of
products, goods and services;
d) Failing to provide or publicly announce
information about ingredients, functions and distinct benefits of gendered
products, goods and services.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed upon a trader for committing one
of the following violations:
a) Providing false, inadequate or inaccurate
information about one of the contents prescribed in point a clause 1 Article 10
of the Law on Protection of Consumer Rights with an aim of deceiving or
misleading consumers, except the case prescribed in point e clause 1 Article
53a hereof;
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c) Failing to provide warranty policy or failing to
publicly announce the warranty policy which contains primary contents as
prescribed in case products, goods and services come with warranty;
d) Failing to give warnings about products, goods
and services that are likely to threaten safety, adversely affect lives, health
and property of consumers or failing to notify precautions as prescribed by
law;
dd) Failing to notify in advance or make publicly
available to consumers the provision of sponsorship for influencers in any
shape or form to use image, advice or recommendations of these persons with a
view to promoting trade or encouraging consumers to purchase or use products,
goods or services, except the cases prescribed in point n clause 1 Article 53a
hereof;
e) Failing to provide competent authorities,
through the information and reporting system as prescribed by law, with
information on incurred penalties for violations committed during online
trading in accordance with regulations of the Law on Protection of Consumer
Rights or other relevant laws.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed upon a third party for committing
one of the following violations during provision of information on products,
goods and services to consumers:
a) Providing inaccurate or inadequate information
on products, goods or services supplied by traders and related review and
rating programs (if any);
b) Failing to notify consumers in advance of the
event that he/she is sponsored to provide information about products, goods or
services in case the third party is an influencer.
4. A fine which is twice
as much as that imposed for the violation in clause 3 of this Article shall be
imposed if the third party providing information about products, goods or
services to consumers is the media owner or media service provider.
5. A fine ranging from VND
60.000.000 to VND 80.000.000 shall be imposed upon a media owner or media;
service provider that is a third party providing information about products,
goods or services to consumers for committing one of the following violations:
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b) Allowing traders or service providers to use the
media and services under their management to harass consumers;
c) Failing to comply with a competent authority’s
request for prevention of traders from using the media and services under their
management to harass consumers.
6. Remedial measure:
The entity that commits any of the violations in
point a clause 1, point a clause 2, point a clause 3 of this Article is
compelled to correct false or misleading information.
Article 48. Violations against regulations on
formats of contracts signed with consumers, standard form contracts and
contracts containing general terms and conditions
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for committing one of the
following violations when signing contracts with consumers or using or applying
standard form contract/contract containing general terms and conditions:
a) Using a language other than Vietnamese.
b) Failing to strictly comply with regulations on
minimum font sizes or the contrast between background and text colors or
layout, design of the document in case of written contract.
2. A fine which is twice
as much as that imposed for the violation prescribed in Clause 1 of this
Article shall be imposed if the violation involves 02 provinces or
central-affiliated cities or more.
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The entity that commits any of the violations in
clause 1 and clause 2 of this Article is compelled to modify the standard form
contract/contract containing general terms and conditions in accordance with
regulations.
Article 49. Violations against regulations on
contents of contracts signed with consumers, standard form contracts and
contracts containing general terms and conditions
1. A fine ranging from VND
80.000.000 to VND 100.000.000 shall be imposed for committing one of the
following violations:
a) Using a standard form contract which does not
have adequate contents as prescribed;
b) Including clauses which are prohibited as
prescribed by law in contracts signed with consumers, standard form contract or
contract containing general terms and conditions, except the cases prescribed
in point a clause 1 Article 53a hereof.
2. A fine which is twice
as much as that imposed for the violation prescribed in Clause 1 of this
Article shall be imposed if the violation involves 02 provinces or
central-affiliated cities or more.
3. Remedial measure:
The entity that commits one of the violations
prescribed in this Article is compelled to modify the standard form contract or
contract containing general terms and conditions in accordance with
regulations.
Article 50. Violations against regulations on
conclusion and performance of standard form contracts and contracts containing
general terms and conditions
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a) Failing to keep the signed standard form
contract until it expires as prescribed;
b) Failing to provide a copy of the contract to the
consumer in case the contract kept by the consumer is lost or otherwise damaged
or failing to do so within the prescribed time limit.
2. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for committing one of the
following violations:
a) Failing to publicly announce or announcing the
standard form contract or contract containing general terms and conditions
against regulations, except the cases prescribed in clause 2 Article 51 and
point b clause 1 Article 52 hereof;
b) Failing to specify the specific time of
application in the contract containing general terms and conditions.
3. A fine which is twice
as much as that imposed for the violations prescribed in Clause 1 and clause 2
of this Article shall be imposed if the violation involves the standard form
contract or contract containing general terms and conditions applied in 02
provinces or central-affiliated cities or more.
Article 51. Violations against regulations on
registration, re-registration, disclosure and notification of standard form
contracts and contracts containing general terms and conditions subject to
registration
1. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for failing to submit reports on
registration and application of standard form contract/contract containing
general terms and conditions to the competent authority that received the
registration application as prescribed or submitting such reports against
regulations.
2. A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed for committing one of the
following violations:
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b) Failing to carry out or improperly carrying out
public disclosure of the standard form contract/contract containing general
terms and conditions for which registration or re-registration procedures have
been completed as prescribed.
3. A fine ranging from VND
60.000.000 to VND 80.000.000 shall be imposed for failing to carry out
registration or re-registration of standard form contract/contract containing
general terms and conditions with a consumer right protection authority as
prescribed.
4. A fine which is twice
as much as that imposed for the violations prescribed in clause 1, clause 2 and
clause 3 of this Article shall be imposed if the violation involves the
standard form contract or contract containing general terms and conditions
applied in 02 provinces or central-affiliated cities or more.
Article 52. Violations against regulations on
cancellation or modification of standard form contract/contract containing
general terms and conditions at the request of consumer right protection
authorities
1. A fine ranging from VND
80.000.000 to VND 100.000.000 shall be imposed for committing one of the
following violations:
a) Failing to comply with a consumer right
protection authority’s request for cancellation or modification of the contents
of the standard form contract or contract containing general terms and
conditions which are found to have violated regulations of law on protection of
consumer rights;
b) Failing to carry out public disclosure of the
standard form contract or contract containing general terms and conditions
whose violating contents have been modified or removed, or failing to carry out
such public disclosure in the prescribed form and within the prescribed time
limit;
c) Failing to notify consumers that have signed
contracts of application of new contract containing general terms and
conditions;
d) Failing to re-concluding standard form contracts
at the request of consumers after modifying or cancelling violating contents of
the standard form contract or contract containing general terms and conditions.
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Article 53. Violations against regulations on
remote transactions
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failing to notify right at
the outset the trader’s name, address and the purpose of the conversation in
case a transaction is made by phone or other form of communication or
conversation.
2. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for committing one of the
following violations:
a) Failing to create tools or adopt the safety
measures prescribed in clause 1 Article 38 of the Law on Protection of Consumer
Rights when conducting remote transactions with consumers;
b) Using a contract which does not have adequate
contents as prescribed for making remote transactions;
c) Providing inaccurate or inadequate information
for consumers when making remote transactions as prescribed;
d) Failing to return the amount paid corresponding
to the unused part of the product, good or service to the consumer within 30
days from the day on which the consumer declares his/her unilateral termination
of the contract or failing to pay interests on late payment of such amount to
the consumer as prescribed.
3. A fine which is twice
as much as that imposed for the violations prescribed in clause 1 and clause 2
of this Article shall be imposed if the violation involves online transactions
or continuous supply of services through remote transactions.
4. Remedial measure:
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Article 53a. Violations against regulations on
online transactions
1. A fine ranging from
VND 50.000.000 to VND 70.000.000 shall be imposed upon an entity establishing,
operating and supplying digital platform services for committing one of the
following violations:
a) Forcing or preventing consumers from registering
or using other intermediary digital platforms as a prerequisite for using
services;
b) Limiting consumer choice by arranging products,
goods or services among traders on digital platforms in certain order of
priority without disclosing the arrangement criteria;
c) Implementing any measure to prevent the display
or to untruthfully display consumers' feedback or reviews on products, goods,
services or traders on digital platforms, unless such feedback or reviews
contradict regulations of law or social ethics;
d) Adopting any measure to prevent the
registration, operation or review by or the display of feedback of social
organizations participating in protection of consumer rights;
dd) Preventing consumers from removing built-in
software programs or apps which do not affect basic technical features in
support of normal operation of digital platforms or forcing consumers to
install accompanying software programs or apps on digital platforms;
e) Providing false, inadequate or inaccurate
information about one of the contents prescribed in point a clause 1 Article 10
of the Law on Protection of Consumer Rights with an aim of deceiving or
misleading consumer;
g) Harassing consumers through acts of direct or
indirect contact against the will of consumers to introduce products, goods,
services and/or traders, or to propose the conclusion of contracts;
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i) Requesting or forcing consumers to pay for
products, goods or services supplied without reaching an agreement in advance
with consumers;
k) Failing to compensate or refund consumers or
replace products, goods or services when there is fault on traders’ part;
l) Failing to provide compensation or refund or
replace products, goods or services for consumers as the products, goods or
services are inconsistent with those registered, notified, announced, posted,
advertised, introduced, agreed or declared by traders;
m) Swapping products, goods or services or cheating
at delivery of products/goods or supply of services to consumers;
n) Failing to notify in advance or make publicly
available to consumers the provision of sponsorship for influencers in any
shape or form to use image, advice or recommendations of these persons with a
view to promoting trade or encouraging consumers to purchase or use products,
goods or services;
o) Preventing consumers from inspecting products,
goods and services, unless otherwise prescribed by law;
p) Requesting consumers to buy a product, good or
service as a prerequisite for conclusion of a contract against the
consumer’s will;
q) Including clauses which are prohibited as
prescribed by law in contracts signed with consumers, standard form contract or
contract containing general terms and conditions;
r) Failing to make documents to authorize or hire a
third party to collect, store, use, modify, update or destroy consumer
information as prescribed;
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t) Authorizing or hiring a third party to collect,
store, use, modify, update or destroy consumer information without obtaining
consent from the consumer.
2. A fine ranging from
VND 100.000.000 to VND 200.000.000 shall be imposed upon an organization
establishing and operating an intermediary digital platform for committing one
of the following violations:
a) Committing the violation prescribed in clause 1
of this Article;
b) Failing to designate or publicly announce the
contact point, authorized representative to cooperate with competent
authorities in addressing issues related to the protection of consumer rights;
c) Failing to formulate operating regulations of
the intermediary digital platform, or formulating such operating regulations in
which the responsibilities of the parties involved in transactions are not
clearly defined, or failing to make such operating regulations publicly
available to consumers;
d) Failing provide information about traders
conducting their activities on the intermediary digital platform at the request
of the consumers who transact with such traders;
dd) Failing to allow consumers to give their
feedback and reviews on traders and their products, goods and services or
failing to fully and accurately display feedback and reviews as prescribed;
e) Failing fully and publicly display information
about products, goods and services sold and supplied by traders, including
mandatory information shown on goods labels in accordance with regulations of
law on goods labels, except for product-specific information as prescribed;
g) Failing to designate or publicly announce the
contact point to receive and handle consumers' feedback, requests and
complaints related to products, goods, services, and information on the
intermediary digital platform;
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i) Failing to adopt any measure to prioritize the
display of reviews, feedback and recommendations of social organizations
participating in protection of consumer rights or credit rating agencies in
accordance with law;
k) Failing to directly store information or provide
solutions to store information about products, goods, services and related
transactions according to provisions of point h clause 3 Article 39 of the Law
on Protection of Consumer Rights;
l) Failing to ensure transparency of online
advertising activities, where performed, in accordance with law;
m) Failing to submit reports or submitting reports
which do not have adequate and accurate information on content censorship
activities carried out at the request of a competent authority;
n) Failing to maintain online reporting accounts or
inaccurately or inadequately providing updated information and data until
requested to deliver the report to facilitate inspection and supervision by
competent authorities as prescribed;
o) Failing to authenticate the identity of traders
and suppliers of products, goods and services on their intermediary digital
platform;
p) Failing to assume responsibility to consumers
according to regulations of law on e-commerce in case domestic and foreign
traders sell or supply their products, goods or services to consumers within
Vietnam’s territory.
3. A fine ranging from
VND 300.000.000 to VND 400.000.000 shall be imposed upon an organization
establishing and operating big digital platform for committing one of the
following violations:
a) Committing the violation prescribed in clause 2
of this Article;
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c) Failing to carry out periodical assessment of
the content censorship and the use of algorithmic and advertising systems
targeting specific consumers and groups of consumers;
d) Failing to carry out periodical assessment of
the implementation of regulations on handling of fake accounts, use of
artificial intelligence and fully or partially automated solutions;
dd) Failing to publicly announce the criteria for
prioritizing display of products, goods and services if a search function is
provided on the digital platform;
e) Failing to publicly announce the fact that the
displayed content is a pay or sponsored one at the section displaying result of
search for products, goods or services.
Article 54. Violations against regulations on
continuous supply of services
1. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for committing one of the
following violations:
a) Failing to designate an authorized
representative in Vietnam in case there is no legal representative in Vietnam;
b) Failing to publicly announce the legal
representative in Vietnam or authorized representative in Vietnam in case there
is no legal representative in Vietnam as prescribed;
c) Requesting consumers to make payments before the
service is supplied, unless otherwise agreed upon between the parties;
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dd) Failing to notify the consumer in advance of
the time of service suspension and time of service resumption at least 03
working days prior to the date of suspension in case the service has to be
suspended due to repair or maintenance or for another reason, except force
majeure circumstances;
e) Failing to regularly inspect quality of the
services supplied or failing to ensure the quality of services as committed to
consumers as prescribed;
g) Failing to sign a contract for continuous supply
of services in writing or failing to provide a copy of the contract to the
consumer as prescribed;
h) Refusing or obstructing the termination of
contracts for supply of services by consumers;
i) Forcing a consumer to make payment for the
unused part of service.
2. A fine which is twice
as much as that imposed for the violations prescribed in clause 1 of this
Article shall be imposed if the violation involves online transactions.
3. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from the violation in point c or i clause 1 of this
Article, even such violation is committed in the circumstance specified in
clause 2 of this Article.
Article 55. Violations against regulations on
door-to-door sales
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1. An individual
performing door-to-door sales fails to introduce his/her name, phone number,
address, head office of the trader responsible for the selling or supply of the
product, good or service or fails to present the documents proving his/her
relationship with the trader.
2. An individual
performing door-to-door sales still insists on the selling or supply of the
product, good or service after being refused by the consumer.
3. Failing to provide
explanation or providing inadequate or inaccurate explanation for consumers
about contents of the contract and other information related to the product,
good or service which the consumer is interested in.
4. Failing to sign a door
to door sales contract in writing or failing to provide a copy of the signed
contract to the consumer as prescribed, unless otherwise agreed upon between
the parties.
5. Failing to give a
minimum cooling-off period of at least 03 working days from the date of
conclusion of a written door-to-door sales contract to the consumer to consider
his/her decision to perform the contract.
6. Obstructing consumers
in exercise of their rights to unilaterally terminate the signed contracts as
prescribed.
7. An individual
performing door-to-door sales refuses to accept responsibility for damage
caused to consumers.
Article 56. Violations against regulations on
multi-level marketing (MLM)
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed upon an MLM participant for
committing one of the following violations:
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b) Failing to present the membership card before
introducing or selling products;
c) Failing to keep MLM contract as prescribed in
business rules;
d) Failing to attend the basic training program as prescribed
in business rules within 30 days from the date of conclusion of the MLM
contract.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed upon an MLM participant for
committing one of the following violations:
a) Failing to comply with terms and conditions of
the signed MLM contract or the MLM company’s business rules;
b) Participating in MLM without fulfilling
eligibility requirements;
c) Performing MLM activities in a province in which
the MLM company is not yet granted certificate of registration of MLM
activities.
3. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed upon an MLM participant for
committing one of the following violations:
a) Requesting a person to deposit or pay a certain
amount of money in any way to obtain eligibility to enter into an MLM contract;
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c) Providing false or misleading information about
benefits from participation in MLM, operations of an MLM company, or features
or uses of products, or providing information about foods using images,
equipment, costumes, names, correspondences of health facilities, health units,
physicians, pharmacists, health workers, testimonials of patients, articles
written by physicians, pharmacists, health workers, or providing information
about foods that represents or quotes patients' opinions that the foods have
medicinal use;
d) Organizing MLM conferences, meetings or training
courses without obtaining a written authorization from the MLM company;
dd) Luring, enticing or bribing participants of
another MLM company to participate in the network of the MLM company of which
he/she is a participant;
e) Taking advantage of his/her position, powers or
social position to encourage, request, lure or entice other persons to
participate in the MLM network or buy products sold through the MLM model.
4. A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed for committing one of the
following violations:
a) Participating in the MLM network of an entity
that is not yet issued with a MLM registration certificate;
b) Organizing conferences, meetings, training
courses in or introduction of the MLM network of an MLM company before obtaining
the MLM registration certificate.
5. A fine ranging from VND
60.000.000 to VND 80.000.000 shall be imposed upon a MLM company for committing
one of the following violations:
a) Failing to carry out or improperly carrying out
procedures for modification of the MLM registration certificate as prescribed
by law;
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c) Failing to carry out procedures for re-issuance
of MLM registration certificate in the cases prescribed by law;
d) Signing MLM contracts with individuals who fail
to fulfill eligibility requirements for MLM participants as prescribed by law;
dd) Signing a MLM contract which does not contain
adequate primary contents as prescribed by law;
e) Failing to terminate the MLM contract signed
with the participant who incurs penalties for committing prohibited acts in the
MLM sector;
g) Failing to compile the list of trainers, keep
relevant documents, publish the list of trainers on its website and send it to
the Ministry of Industry and Trade, or performing such tasks against
regulations;
h) Failing to update the list of trainers on its
website and send the updated list of trainers to the Ministry of Industry and
Trade upon occurrence of any changes in that list or performing such tasks
against regulations;
i) Failing to implement or improperly implementing
regulations on publishing of documents concerning its operation and goods sold
through its MLM network at its head office, branches, representative offices
and business locations;
k) Failing to set up and announce the prices of
goods sold through the MLM model or failing to sell goods at the announced
prices;
l) Failing to supervise participants in its MLM
network so as to ensure that they strictly comply with the signed MLM
contracts, the company's business rules and compensation plan;
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n) Failing to give a written notification to the
Provincial Department of Industry and Trade of its failure to organize the
conference, meeting or training course which has been notified to this
Department as prescribed;
o) Failing to carry out procedures for modification
of the written deposit confirmation with the bank upon occurrence of changes
therein;
p) Failing to comply with the prescribed time limit
for completing procedures for renewal of MLM registration certificate;
q) Failing to promptly report the failure of its
information technology system used for managing MLM participants to the
authority that issued the MLM registration certificate;
r) Failing to implement or improperly implementing
regulations on retention and submission of documents concerning MLM activities
carried out in a province at the request of competent authorities;
s) Failing to implement or improperly implementing
regulations on reporting on MLM activities.
6. A fine ranging from VND
80.000.000 to VND 100.000.000 shall be imposed for operating an MLM network
without obtaining an MLM registration certificate as prescribed if the illegal
profit earned from this violation is less than VND 200.000.000 or this
violation causes damage estimated at less than VND 500.000000 to other persons.
7. A fine ranging from VND
80.000.000 to VND 120.000.000 shall be imposed upon an MLM company for
committing one of the following violations:
a) Carrying out MLM activities in a province or
central-affiliated city without obtaining a written certification of
registration of MLM activities from the Department of Industry and Trade of
that province or central-affiliated city;
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c) Failing to discharge or improperly discharging
the responsibility to notify the relevant Provincial Department of Industry and
Trade when holding an MLM conference, seminar or training program which has to
be notified as prescribed;
d) Failing to cooperate with relevant competent
authorities in monitoring, inspecting and supervising its MLM conferences,
meetings and/or training programs;
dd) Paying a sum of commissions, bonuses and other
economic benefits, including those benefits earned from promotion programs, to
participants during a year in excess of 40% of its sales from goods sold
through MLM network in the same year;
e) Failing to make payment of commissions, bonuses,
promotional amounts and other economic benefits in cash to participants by bank
transfer;
g) Failing to sign written MLM contract with every
participant or signing a MLM contract which does not meet format requirements
as prescribed by law or failing to deliver the signed contract to the MLM
participant as prescribed by law;
h) Failing to fulfill or improperly fulfilling the
obligation to pay commissions, bonuses and other economic benefits which a
participant is entitled to receive during his/her participation in the
company's MLM network after terminating the MLM contract signed with that
participant;
i) Failing to provide or improperly providing basic
training programs to participants in its MLM network or collecting fees when
providing such training programs;
k) Failing to issue or issuing membership cards to
participants in its MLM network against regulations or collecting fees when
issuing membership cards;
l) Appointing unqualified trainers to provide basic
training programs for participants in its MLM network;
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n) Failing to operate the information technology
system for managing participants in its MLM network as prescribed;
o) Failing to operate or regularly update its
website in Vietnamese version in order to publish information concerning its
profiles and MLM status as prescribed;
p) Failing to operate a communications system to
receive and take actions against complaints and queries of MLM participants,
including telephone, email and contact address;
q) Failing to provide the right to access its
information technology system for managing participants at the written request
of an MLM authority;
r) Failing to discharge or improperly discharging
the responsibility to deliver goods as prescribed by law;
s) Failing to ensure the minimum amount of its
revenue from MLM activities in a fiscal year which is earned from clients other
than its participants as prescribed.
8. A fine ranging from VND
120.000.000 to VND 160.000.000 shall be imposed upon an MLM company for
committing one of the following violations:
a) Maintaining more than an MLM contract, position,
identity number or another form of equivalent validity for a participant;
b) Implementing sales promotion program using a
multi-level network in which a participant has more than a position, identity
number or another form of equivalent validity;
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d) Receiving or accepting a participant's
application or another document which states that the participant relinquishes
a part or all of his/her rights as prescribed by laws or says that the MLM
company must not fulfill obligations towards to the participant as prescribed
by laws;
dd) Failing to use the management system registered
with the authority that issued the MLM registration certificate to manage its
MLM participants;
e) Trading or transferring the network of MLM
participants to another enterprise, except for acquisition, consolidation or
merger of enterprises.
9. A fine ranging from VND
160.000.000 to VND 200.000.000 shall be imposed upon an MLM company for
committing one of the following violations:
a) Requesting a person to deposit or pay a certain
amount of money in any way to obtain eligibility to enter into a MLM contract;
b) Requesting a person to buy a certain quantity of
products in any way to obtain eligibility to enter into an MLM contract;
c) Paying money or other economic benefits to a
participant in compensation for his/her recruitment of new participants without
consideration of his/her sale of goods to such new participants;
d) Refusing to pay, without legitimate reasons,
commissions, bonuses or other economic benefits to eligible participants;
dd) Providing false information concerning the
compensation plan or benefits obtained from the participation in its MLM
network;
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g) Failing to repurchase goods or repurchasing
goods against regulations;
h) Operating the MLM network against the issued MLM
registration certificate if the illegal profit earned from this violation is
less than VND 200.000.000 or this violation causes damage estimated at less
than VND 500.000.000 to others;
i) Using the MLM strategy to trade or sell goods
which cannot be sold through the MLM business model.
10. A fine which is twice
as much as the corresponding fine prescribed in clause 6, 8 and 9 of this
Article shall be imposed if the violation involves 02 provinces or
central-affiliated cities or more.
11. Remedial measures:
a) The violating entity is compelled to return any
benefits illegally obtained from the violation in point a, b clause 3, clause
6, point h, i or k clause 7, point e clause 8, point a, b, d, h or i clause 9
of this Article, even such a violation prescribed in clause 6, point e clause
8, or point a, b, d, h or i clause 9 of this Article is committed in the
circumstance specified in clause 10 of this Article;
b) The entity that commits any of the violations in
point c clause 3, point dd and point e clause 9 of this Article is compelled to
correct false or misleading information, even such a violation prescribed in
point dd or e clause 9 of this Article is committed in the circumstance
specified in clause 10 of this Article.
Article 57. Violations against regulations on
sale of goods at locations other than regular transaction locations
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for committing one of the
following violations when selling products, goods or supplying services at
locations other than regular transaction locations if the violation involves
products, goods or services worth more than VND 10.000.000 (unless otherwise
prescribed by law):
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b) Failing to publicly disclose information about
the trader and the product, good or service at the location of sale;
c) Providing consumers with inadequate, untruthful
or inaccurate information about the product, good or service and activities of
the trader;
d) Failing to deliver the contract for supply of
product, good or service to the consumer in case such contract is made in
writing;
dd) Failing to deliver invoices and records
evidencing the sale and delivery of product, good or service to the consumer.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for committing one of the
following violations when selling products, goods or supplying services at
locations other than regular transaction locations if the violation involves
products, goods or services worth more than VND 10.000.000 (unless otherwise
prescribed by law):
a) Failing to maintain contact and handle consumers’
feedback, requests and complaints during and after selling or supplying the
product, good or service;
b) Failing to take the product, good or service
back within 30 days from the date of sale or supply provided that its
packaging, label and stamp (if any) remains intact and it remains unexpired;
c) Requesting the consumer to make deposit or
payment or perform the contract within 03 working days from the day on which
the consumer receives the written contract for supply of the product, good or
service, unless otherwise prescribed by law.
3. Remedial measure:
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Article 58. Violations against regulations on
warranty on products, goods, parts and accessories
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for committing one of the
following violations if the trading value of products, goods, parts or
accessories covered by warranty is less than VND 20.000.000:
a) Failing to accurately and fully discharge
liability to provide warranty or implement policy for warranty on products,
goods, parts and accessories supplied;
b) Failing to provide the consumer with a warranty
claim receipt or another document of equivalent validity, or providing such a
receipt or document which does not clearly specify the time for settling the
warranty claim;
c) Failing to strictly comply with regulations on
warranty period when replacing parts, accessories or replacing the product or
good with a new one;
d) Failing to provide consumers with similar
products, goods, parts or accessories for temporary use or failing to adopt
other appropriate solutions as agreed upon with the consumer during the
settlement of their warranty claim;
dd) Failing to provide the consumer with new and
similar products, goods, parts or accessories or failing to take back products,
goods, parts or accessories and make refund to the consumer if, at the end of
the time limit for settling the warranty claim, the attempt at a repair or
rectification of defects is unsuccessful, or, after the product, good, part or
accessory has been warranted 03 times or more, the defect still remains;
e) Failing to pay the costs of repairing or
transporting products, goods, parts or accessories from the consumer’s place of
residence or the place where the products, goods, parts or accessories are used
to the place of warranty and vice versa;
g) Failing to take responsibility for warranty on
products, goods, parts or accessories even in case of authorizing or hiring
another organization or individual to provide warranty services.
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3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for the violation in clause 1 of
this Article if the trading value of products, goods, parts or accessories
covered by warranty is from VND 50.000.000 to under VND 100.000.000.
4. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for the violation in clause 1 of
this Article if the trading value of products, goods, parts or accessories
covered by warranty is from VND 100.000.000 to under VND 500.000.000.
5. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for the violation in clause 1 of
this Article if the trading value of products, goods, parts or accessories
covered by warranty is from VND 500.000.000 to under VND 1.000.000.000.
6. A fine ranging from VND
50.000.000 to VND 70.000.000 shall be imposed for the violation in clause 1 of
this Article if the trading value of products, goods, parts or accessories
covered by warranty is from VND 1.000.000.000 to under VND 2.000.000.000.
7. A fine ranging from VND
70.000.000 to VND 100.000.000 shall be imposed for the violation in clause 1 of
this Article if the trading value of products, goods, parts or accessories
covered by warranty is VND 2.000.000.000 or higher.
Article 59. Violations against regulations on
liability for defective products and goods
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for committing one of the following
violations:
a) Failing to make announcement or notice of the
defective product or good and the recall thereof, or making such announcement
or notice which does not have adequate information as prescribed;
b) Failing to submit reports to the consumer right
protection authority and relevant regulatory authorities before and after the
recall of defective products or goods as prescribed.
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a) Failing to promptly implement necessary measures
to stop the supply of defective products or goods on the market and recall them
as prescribed;
b) Failing to implement necessary measures to
protect consumer rights during the recall and handling of defective products or
goods;
c) Failing to carry out the recall of defective
products or goods according to the submitted reports or published notice or
failing to pay the costs incurred during the recall.
3. A fine ranging from VND
40.000.000 to VND 60.000.000 shall be imposed for the violation prescribed in
clause 1 of this Article if it involves defective products or goods of Group A.
4. A fine ranging from VND
60.000.000 to VND 100.000.000 shall be imposed for the violation prescribed in
clause 2 of this Article if it involves defective products or goods of Group A.
5. A fine which is twice
as much as that imposed for the corresponding violation prescribed in clause 1
through 4 of this Article shall be imposed if the violation involves the recall
of defective products or goods in 02 provinces or central-affiliated cities or
more.
6. Remedial measure:
The violating entity is compelled to recall
defective products or goods in case of commission of the violation in point a
or c clause 2 of this Article, even such violation is committed in the
circumstance specified in clause 4 or 5 of this Article.
Article 60. Harassing or forcing consumers
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a) Harassing consumers through acts of direct or
indirect contact against the will of consumers to introduce products, goods,
services or traders, or to propose the conclusion of contracts, except the case
prescribed in point g clause 1 Article 53a hereof;
b) Performing acts of hindering or causing adverse
influence on normal works and daily activities of consumers.
2. A fine ranging from VND
50.000.000 to VND 70.000.000 shall be imposed for committing one of the
following acts of forcing consumers:
a) Forcing consumers to buy products, goods and/or
services against their will by the use of force, threat of force or other acts
of similar nature, except the case prescribed in point h clause 1 Article 53a
hereof;
b) Requesting or forcing consumers to pay for
products, goods or services supplied without reaching an agreement in advance
with consumers, except the case prescribed in point i clause 1 Article 53a
hereof;
c) Requesting consumers to buy a product, good or
service as a prerequisite for conclusion of a contract against the
consumer’s will, except the case prescribed in point p clause 1 Article 53a
hereof.
3. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from the violation in clause 2 of this Article.
Article 61. Violations against regulations on
responsibility for receiving and handling consumers’ feedback, requests and
complaints
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1. Failing to organize the
receipt of or failing to handle consumers’ feedback, requests and complaints as
prescribed.
2. Failing to notify
consumers of the receipt of their feedback, request or complaint within 03
working days from the date of receipt.
3. Failing to formulate or
publicly announce the procedures for receiving and handling consumers’
feedback, requests and complaints by posting them at noticeable places at the
head office and business locations, and publishing them on website and apps (if
any) as prescribed.
4. Failing to provide
information and documents at the request of competent authorities or social
organizations participating in protection of consumer rights during settlement
of consumers’ complaints or disputes between consumers and traders in
accordance with regulations of law, or failing to provide such information and
documents in an adequate, accurate and timely manner as prescribed.
5. Failing to receive
consumers’ negotiation requests or failing to enter into negotiation with the
consumer within 07 working days from receipt of the consumer’s negotiation
request.
6. Failing to enter into
negotiation with the consumer within 07 working days from the receipt of the
consumer's negotiation request transferred from a consumer right protection
authority or social organization participating in protection of consumer rights
as prescribed.
7. Failing to give a
written response within 07 working days from the receipt of a negotiation
request directly from a consumer or transferred from a consumer right
protection authority or social organization participating in protection of
consumer rights when rejecting such request as prescribed, or giving such a
written response which does not clearly state the reasons for rejection.
8. Failing to give a
written notice of negotiation results to consumer right protection authority or
social organization participating in protection of consumer rights within 05
working days from the end of the negotiation conducted with the consumer as
prescribed.
Article 61a. Other violations committed during
conduct of transactions with consumers
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a) Failing to provide customers or consumers with
transaction-related records or documents when selling products or goods or
supplying services as prescribed;
b) Failing to enable customers or consumers to
access, download, store and print invoices, records and other relevant
documents in case transactions are conducted online;
c) Failing to compensate or refund consumers or
replace products, goods or services when there is fault on traders’ part,
except the case prescribed in point k clause 1 Article 53a hereof;
d) Failing to provide compensation or refund or
replace products, goods or services for consumers as the products, goods or
services are inconsistent with those registered, notified, announced, posted,
advertised, introduced, agreed or declared by traders, except the case
prescribed in point l clause 1 Article 53a hereof;
dd) Failing to reach an agreement with the
consumer, or failing to bear all costs incurred from the implementation of
measures for remedying the supplied service which is found to be inconsistent
with the service-related information registered, notified, announced, posted,
advertised, introduced, agreed or declared at the time of service supply as
prescribed;
e) Failing to replace goods for consumers or failing
to make refund and receive goods back from consumers in case the goods sold or
supplied fail to satisfy requirements regarding safety, measurements, quantity,
volume, quality or uses as declared;
g) Swapping products, goods or services or cheating
at delivery of products/goods or supply of services to consumers, except the
case prescribed in point m clause 1 Article 53a hereof;
h) Preventing consumers from inspecting products,
goods and services, unless otherwise prescribed by law, except the case
prescribed in point o clause 1 Article 53a hereof.
2. A fine ranging from
VND 3.000.000 to VND 5.000.000 shall be imposed for the violation in clause 1
of this Article if the trading value of products, goods or services is from VND
5.000.000 to under VND 20.000.000.
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4. A fine ranging from
VND 10.000.000 to VND 20.000.000 shall be imposed for the violation in clause 1
of this Article if the trading value of products, goods or services is from VND
50.000.000 to under VND 80.000.000.
5. A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed for the violation in clause 1
of this Article if the trading value of products, goods or services is from VND
80.000.000 to under VND 100.000.000.
6. A fine ranging from
VND 30.000.000 to VND 40.000.000 shall be imposed for the violation in clause 1
of this Article if the trading value of products, goods or services is VND
100.000.000 or higher.
7. Remedial measures:
a) The violating entity is compelled to recall
products or goods which fail to meet quality requirements in case of commission
of the violation in point e or g clause 1 of this Article in any of the
circumstances prescribed in clauses 1 through 6 of this Article;
b) The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Article 61b. Violations committed by consumers
against regulations on information provision
A fine ranging from VND 1.000.000 to VND 3.000.000
shall be imposed upon a consumer for deliberately providing inaccurate or
inadequate information relating to transactions between the consumer and
traders as prescribed by law.”.
6. Point dd clause 1, point c clause 2 and point e
clause 4 Article 62 are amended as follows:
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“dd) Failing to publish or inadequately or
inaccurately publishing on the e-commerce website or mobile app the information
on the owner of such website or mobile app; information on products and
services; information on number of certificate of eligibility to trade
goods/services (in case traders are required to have this certificate when
trading in such goods/services as prescribed by law); information on prices;
information on transport and delivery; information on contract containing
general terms and conditions; information on payment methods as prescribed;”;
b) Point c Clause 2 is amended as follows:
“c) Displaying the symbol confirming completion of
notification procedures on the e-commerce website or mobile app before
obtaining approval or certification of notification from a competent authority
as prescribed;”;
c) Point e Clause 4 is amended as follows:
“e) Displaying the symbol confirming completion of
registration procedures on the e-commerce website or mobile app before
obtaining certification of registration from a competent authority as
prescribed;”.
7. Points i, k and l are
added following point h clause 3 Article 64 as follows:
“i) Failing to provide information within 24 hours
from the receipt of the request from a competent authority about the entities
denoting commission of violations against regulations of law during their
provision of services of e-commerce platform with an online ordering function;
k) Failing to discharge the responsibility of a
representative of foreign sellers on e-commerce platform with an online
ordering function to settle consumers’ complaints about products/goods supplied
by such foreign traders;
l) Failing to discharge the responsibility to
notify tax obligations to be fulfilled by foreign traders on the e-commerce
platform with an online ordering function.”.
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a) Point b clause 1 is amended as follows:
“b) Failing to promulgate internal regulations on
operation of supermarket, shopping mall or market internal regulations, or
promulgating such internal regulations which do not have adequate contents as
prescribed or are not approved by competent authorities;”;
b) Points e, g, h, i, k, l and m are added
following point dd clause 1 as follows:
“e) Failing to mediate disputes between consumers
and sellers within the premises of market or shopping mall when requested;
g) Failing to place or maintain operation of
checkweighing scales or measuring devices in markets or shopping malls for
consumers to inspect the quantity and weight of goods themselves as prescribed;
h) Failing to regularly supervise the quality and
quantity of goods, checkweighing scales, and other measuring devices in markets
or shopping malls;
i) Failing to set up or publicly announce the
hotlines for receiving and responding to consumers’ requests in conformity with
the classification of the market or shopping mall as prescribed;
k) Failing to notify on a periodical basis of every
06 months or cooperate with commerce, market surveillance, food safety,
standards, measurement and quality authorities in controlling the quality,
quantity, origin, and food safety regarding goods and services supplied within
the premises of markets or shopping malls under their management;
l) Failing to submit reports to competent
authorities when detecting violations against regulations of the Law on
Protection of Consumer Rights and other relevant laws;
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9. Point d clause 1 and point dd clause 2 Article
81 are amended as follows:
a) Point d Clause 1 is amended as follows:
“d) Impose the remedial measures specified in point
dd clause 1 Article 28 of the Law on penalties for administrative violations.”;
b) Point dd clause 2 is amended as follows:
“dd) Impose the remedial measures specified in
points dd, e, h and i clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.”.
10. Point d Clause 2
Article 82 is amended as follows:
“dd) Impose the remedial measures specified in
points dd, e, g, h and i clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.”.
11. Point d clause 3, point dd clause 4, point dd
clause 5 and point dd clause 6 Article 83 are amended as follows:
a) Point d Clause 3 is amended as follows:
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b) Point dd clause 4 is amended as follows:
“dd) Impose the remedial measures specified in
point dd clause 1 Article 28 of the Law on penalties for administrative
violations and in Clause 3 Article 4 of this Decree.";
c) Point dd Clause 5 is amended as follows:
“dd) Impose the remedial measures specified in
points dd, i clause 1 Article 28 of the Law on penalties for administrative
violations and in Clause 3 Article 4 of this Decree.";
d) Point dd Clause 6 is amended as follows:
“dd) Impose the remedial measures specified in
points dd, i clause 1 Article 28 of the Law on penalties for administrative
violations and in Clause 3 Article 4 of this Decree.".
12. Point d clause 3, point dd clause 4 and point d
clause 5 Article 84 are amended as follows:
a) Point d Clause 3 is amended as follows:
“d) Impose the remedial measures specified in
points d, dd, g, i clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.”;
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“dd) Impose the remedial measures specified in
points d, dd, g, i clause 1 Article 28 of the Law on penalties for administrative
violations and in Clause 3 Article 4 of this Decree.”;
c) Point c clause 5 is amended as follows:
“d) Impose the remedial measures specified in
points d, dd, g, i clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.”.
13. Point d clause 3, point d clause 4, point d
clause 5 and point d clause 6 Article 85 are amended as follows:
a) Point d Clause 3 is amended as follows:
“d) Impose the remedial measures specified in point
dd clause 1 Article 28 of the Law on penalties for administrative violations.”;
b) Point d clause 4 is amended as follows:
“d) Impose the remedial measures specified in
points d, dd clause 1 Article 28 of the Law on penalties for administrative
violations and in Clause 3 Article 4 of this Decree.”;
c) Point d clause 5 is amended as follows:
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d) Point dd Clause 6 is amended as follows:
“d) Impose the remedial measures specified in
points d, dd, i clause 1 Article 28 of the Law on penalties for administrative
violations and in Clause 3 Article 4 of this Decree.”.
14. Point c clause 3, point d clause 4, point d
clause 5, point dd clause 6 and point dd clause 7 Article 86 are amended as
follows:
a) Point c clause 3 is amended as follows:
“d) Impose the remedial measures specified in point
dd clause 1 Article 28 of the Law on penalties for administrative violations.”;
b) Point d clause 4 is amended as follows:
“d) Impose the remedial measures specified in
points d, dd clause 1 Article 28 of the Law on penalties for administrative
violations and in Clause 3 Article 4 of this Decree.”;
c) Point d clause 5 is amended as follows:
“d) Impose the remedial measures specified in
points d, dd clause 1 Article 28 of the Law on penalties for administrative
violations and in Clause 3 Article 4 of this Decree.”;
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“dd) Impose the remedial measures specified in
points d, dd clause 1 Article 28 of the Law on penalties for administrative
violations and in Clause 3 Article 4 of this Decree.";
dd) Point dd Clause 7 is amended as follows:
“dd) Impose the remedial measures specified in
points d, dd clause 1 Article 28 of the Law on penalties for administrative
violations and in clause 3 Article 4 of this Decree.".
15. Point d Clause 1
Article 87 is amended as follows:
“d) Impose the remedial measures specified in point
dd clause 1 Article 28 of the Law on penalties for administrative violations.”.
16. Clause 5 and Clause 6a Article 88 are amended
as follows:
a) Clause 5 is amended as follows:
“5. Competent persons of border guard forces shall
have the power to impose administrative penalties and remedial measures for the
administrative violations prescribed in Section 2 Chapter II and Articles 15,
17, 30, 34, 36, 37, 40, 41, 42, 46, 46a, points b, c, d clause 1, points b, c,
d, dd, e clause 2, point b clause 3, clause 4, clause 5 Article 47, Articles
59, 60, 61, 72 and 79 of this Decree within their jurisdiction prescribed in
Article 85 of this Article and the ambit of their assigned functions, tasks and
powers.”;
b) Clause 6a is amended as follows:
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Article 2. Addition, replacement and abrogation
of some words, phrases, points, clauses and Articles of Government’s Decree No.
98/2020/ND-CP dated August 26, 2020 prescribing penalties for administrative
violations against regulations on commerce, production and trade in counterfeit
and prohibited goods, and protection of consumer rights, as amended in
Government’s Decree No. 17/2022/ND-CP dated January 31, 2022 providing amendments
to decrees prescribing penalties for administrative violations against
regulations on chemicals and industrial explosive materials; electricity,
hydroelectricity dam safety, effective and efficient use of energy; commerce,
production and trade of counterfeit and prohibited goods, and protection of
consumer rights; petroleum, petrol, oil, and gas trading
1. Some words, phrases in some Articles, clauses
and points of Decree No. 98/2020/ND-CP , as amended in Decree No. 17/2022/ND-CP ,
are added, replaced and abrogated as follows:
a) The phrase “hoạt động kinh doanh theo giấy phép
kinh doanh” (“business operations requiring business licenses”) is replaced
with the phrase “điều kiện đầu tư kinh doanh trong hoạt động kinh doanh ngành,
nghề đầu tư kinh doanh có điều kiện” (“business conditions when engaging in
conditional business lines”) in point a clause 2 Article 1, heading of Section
1 Chapter II and heading of Article 6;
b) The phrase “sản phẩm,” (“products,”) is added
before the phrase “hàng hoá, dịch vụ”
(“goods, services”) in clause 12 Article 3;
c) The phrase “và hàng hoá khác thuộc danh mục
ngành, nghề đầu tư kinh doanh có điều kiện” (“and other goods included in the
list of conditional business lines”) is added following the phrase “giống vật
nuôi” (“animal breeds”) in point c clause 2 Article 15;
d) The phrase “mà không bị truy cứu trách nhiệm
hình sự” (if not liable to a criminal prosecution”) in the introductory
paragraph of clause 1 Article 31 is abrogated; the phrase “mà không bị truy cứu
trách nhiệm hình sự” (if not liable to a criminal prosecution”) is added
following the phrase “từ 500.000.000 đồng đến dưới 1.000.000.000 đồng” (“from
VND 500.000.000 to under VND 1.000.000.000”) in clause 4 Article 31 and
following the phrase “từ 1.000.000.000 đồng trở lên” (“from VND 1.000.000.000
or higher”) in clause 5 Article 31;
dd) The phrase “(sau đây gọi là website thương mại
điện tử bán hàng)” (“hereinafter referred to as “e-commerce shopping website”)
and the phrase “(sau đây gọi là ứng dụng bán hàng)” (hereinafter referred to as
“shopping app”) in point a clause 1 Article 62 are abrogated;
e) The phrase “Chánh Thanh tra tỉnh;” (“provincial
Chief Inspectors;”) is added before the phrase “Cục trưởng Cục Quản lý chất
lượng sản phẩm, hàng hóa” (“Director of Department for Management of Goods and
Product Quality”) in the introductory paragraph of clause 3 Article 87.
2. Clause 11 Article 3, Article 73, point a clause
4 Article 77 of Decree No. 98/2020/ND-CP , as amended in Decree No.
17/2022/ND-CP , are abrogated.
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1. The administrative violations against
regulations on commerce, production and trade in counterfeit and prohibited
goods, and protection of consumer rights which occur before the effective date
of this Decree but are detected afterwards or are put under consideration shall
be handled in accordance with the Government’s Decree prescribing penalties for
administrative violations in effect at the time of commission of the violation.
If this Decree does not provide for legal liability or impose less serious
legal liability on such violations, regulations of this Decree shall prevail.
2. Any complaints against the administrative
penalty imposition decisions issued before the effective date of this Decree
shall be settled in accordance with the Law on penalties for administrative
violations, the Government's Decree No. 98/2020/ND-CP dated August 26, 2020,
and the Government's Decree No. 17/2022/ND-CP dated January 31, 2022.
Article 4. Implementation
1. This Decree comes into force from the date on
which it is signed.
2. Ministers, heads of ministerial agencies, heads
of Governmental agencies, and Chairpersons of People’s Committees of provinces
or central-affiliated cities are responsible for the implementation of this
Decree.
ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY MINISTER
Bui Thanh Son