THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
57-CP
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Hanoi,
May 31, 1997
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DECREE
ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE
MEASUREMENT AND QUALITY OF GOODS
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on Measurements of July 6, 1990;
Pursuant to the Ordinance on the Goods Quality of December 27, 1990;
Pursuant to the Ordinance on the Handling of Administrative Violations of July
6, 1995;
At the proposal of the Minister of Science, Technology and Environment,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This
Decree provides for the administrative violations, the objects of
administrative sanctions, the forms of sanction, the competence and procedures
of sanctions against administrative violations; the complaints and
denunciations and the settlement of the complaints and denunciations concerning
the sanctions against administrative violations in the field of measurement and
quality of goods.
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1. Administrative violations in
the domain of measurement and quality of goods are acts in violation of the
management regulations of the State concerning measurement and quality of goods
committed by an organization or individual whether intentionally or unwillingly
which are not serious enough to be examined for penal liability.
2. All organizations or
individuals that commit administrative violations in the domain of measurement
and quality of goods shall be sanctioned according to this Decree.
A foreign organization or
individual that commits an act of administrative violation in the domain of
measurement and quality of goods on Vietnamese territory shall also be sanctioned
according to this Decree, unless otherwise stipulated in an international
convention which Vietnam has signed or acceded to.
Article 3.- The
application of other forms and measures of sanction outside those stipulated in
this Decree shall be effected as follows:
a/ The person competent to hand
the sanction can apply only the other forms and measures of sanction already
defined by law;
b/Warning: this sanction applies
only to minor violations, for the first time and with extenuating factors;
c/ Fines: The level of fine
shall be determined on the basis of the character and seriousness of the
violations and the personal records of the offender and within the prescribed
framework of fines.
A violation with extenuating
factors may enjoy a low fine but not lower than the lowest level in the
framework of fines already stipulated.
A violation with aggravating
factors may be handed the highest fine in the framework already stipulated.
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- Stripping for a limited or
unlimited time of the permits, certificates and other papers issued by
competent State agencies in the domain of measurement and quality of goods. If
he or she detects that the permit issued does not fall within the competence of
the issuer or the permit contains provisions contrary to law, the person with sanctioning
competence shall have to retrieve it immediately and report it to the competent
State agency.
- Confiscation of evidences and
means used in the administrative violation and within the limit prescribed by
law.
- Temporary suspension of
business activities if the violation is deemed liable to affect the safety,
hygiene and environment and the economy; temporary suspension of the
production, repair and test of the means of measurement which violate the
Ordinance on Measurement; suspension of the use or the circulation of the
illegal means of measurement or goods which have been packaged not in
conformity with the quantity prescribed by measurement norms.
- Forcible implementation of
measures to overcome the pollution of living environment, spread of disease
caused by the administrative violation.
- Forcible compensation for the
damage caused by the administrative violation.
- Forcible destruction of the
agents causing damage to human health.
e/ Principles for compensation
of damage:
The compensation of damage
caused by administrative violations in the domain of measurement and quality of
goods is effected on the principle between the offender and the victimized
party. For the material damage caused by an administrative violation of
measurement and quality of goods valued up to 1,000,000 VND, if the two parties
cannot agree on the compensation, the person with sanctioning competence shall
decide the level of compensation. If the damage exceeds 1,000,000 VND, the case
shall be settled according to the civil legal proceedings.
Article 4.- The
statute of limitation for a sanction against administrative violation in the
domain prescribed in this Decree is one year from the date the violation is
committed. This limitation shall be two years for the violations in the domain
of production and trading of faked goods, trading of exports and imports which
come under State control of the quality. Within that time limit if the
offending individual or organization commits a new violation or deliberately
evade or obstructs the sanction, the aforesaid limitation shall no longer
apply.
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Article 5.- In
case the violations of legislation on measurement and quality of goods show
signs of components of crime and are likely to cause serious consequences to
lives, hygiene and environmental safety, or the property of the State and the
people, the handling agency shall have to send the dossier to the criminal
investigative agency for handling in accordance with the provisions of the Penal
Code.
Chapter II
ACTS OF ADMINISTRATIVE
VIOLATION IN THE DOMAIN OF MEASUREMENT AND QUALITY
OF GOODS -- FORMS AND LEVELS OF SANCTION
Section 1.
ACTS OF ADMINISTRATIVE VIOLATION IN THE DOMAIN OF MEASUREMENT, FORMS AND LEVELS
OF SANCTION:
Article 6.- A
violation of the regulations on measurement in the production of the
measurement means which must be expertised by the State shall be subject to the
following sanctions:
1. Warning or a fine of 100,000
VND to 500,000 VND for one of the following acts:
a/ Producing means of
measurement without license of production at the State management agency on
measurement;
b/ Using a license for
production of a measurement means which has expired its validity;
c/ Producing a measurement means
before its model is approved.
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a/ Forcible registration for
model or production license of measurement means within a certain time limit
but failing to register after expiry of that time limit;
b/ Failing to carry out initial
test use of the measurement means before taking the goods out of the store or
before putting it into use;
c/ Lending the license of this
measurement means to another person.
3. A fine of 2,000,000 VND to
5,000,000 VND for the act of producing a measurement means not up to mark for
measurement (failing in the test measurement).
4. A fine of 5,000,000 VND to
20,000,000 VND for one of the following acts:
a/ Producing a measurement means
without writing or carving on it truthfully the regulations on lawful units of
measurement;
b/ The measurement means of the
production establishments assigned to check the means does not meet the
registered technical norms.
5. Additional sanctions and
other measures with regard to the acts of violations prescribed in this
Article:
a/ A violation of Item 1 and
Point a of Item 2 of this Article shall lead to the temporary suspension of the
production until the procedures for registration of license are completed;
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c/ A violation of Item 3 and
Point b of Item 4 of this Article shall lead to the forcible repair and
readjustment of the measurement means already produced in order to make it
comply with the registered technical norms;
d/ A violation of Point a of
Item 4 of this Article shall lead to the confiscation or destruction of the
measurement means on which the inscriptions or carvings do not comply with the
norms on legal measurement units.
Article 7.-
A violation of the regulations on measurement in the repair of the measurement
means which must be expertised by the State shall be subject to the following
sanctions:
1. Warning or a fine of 100,000
VND to 500,000 VND for one of the following acts:
a/ The repair of the means does
not comply with the contents already registered at the State managerial agency
on measurement;
b/ Failure to effect the initial
expertise.
2. A fine of 500,000 VND to
2,000,000 VND for the acts of repair of the measurement means without
registering at the State managerial agency for measurement.
3. Additional sanctions and
other measures against violations of this Article:
a/ A violation of Point b, Item
1 of this Article shall lead to the forcible carrying out of the initial
expertise;
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Article 8.- A
violation of the regulations on measurement on the trading of measurement means
which must go through State expertise shall be subject to the following
sanctions :
1. Warning or a fine of 100,000
VND to 500,000 VND for one of the following acts:
a/ Trading in measurement means
of which the models have not been approved;
b/ Trading in measurement means
which have not been registered for production;
c/ Trading in measurement means
which have not gone through initial expertise.
2. A fine of 500,000 VND to
2,000,000 VND for acts of trading in measurement means not up to the
measurement norms.
3. A fine of 2,000,000 VND to
10,000,000 VND for acts of importing measurement means without permission of
the competent State managerial agency on measurement.
4. Additional forms of sanction
and other measures against acts of violations of this Article:
a/ Forcible compensation for
damage caused by the administrative violation;
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c/ A violation of Item 2 of this
Article shall lead to the suspension of the sale of the measurement means that
does not meet the requirements on measurement;
d/ A violation of Item 3 of this
Article shall lead to the suspension of the import until the procedures of
application for permit are completed.
Article 9.- The
violation of the regulations on measurement in the use of measurement means
that must go through State expertise shall be subject to the following
sanctions:
1. Warning or a fine of 100,000
VND to 500,000 VND for one of the following acts:
a/ Using measurement means
without certificate of expertise or with an indiscernible seal of expertise or
with a torn or shattered stamp;
b/ Using an expertise
certificate which has expired its validity;
c/ Violating the measurement
permit without causing property damage or causing no serious property damage .
2. A fine of 500,000 VND to
2,000,000 VND for one of the following acts:
a/ Using a measurement means
which has not been expertised;
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3. A fine of 2,000,000 VND to
10,000,000 VND for one of the following acts:
a/ Forcible expertise of the
measurement means within a given period but after which the measure is still
not carried out;
b/ The measurement means does
not meet the requirements in measurement.
4. A fine of 10,000,000 VND to
20,000,000 VND for a fraudulent act in the conduct of a measurement.
5. Additional sanctions and
other measures against the violations of this Article:
a/ Forcible compensation for the
damage caused by the administrative violation;
b/ A violation of Point a, Item
2 of this Article shall lead to the suspension of the use of the measurement means
and its forcible expertise;
c/ A violation of Point b, Item
3 of this Article shall lead to the forcible suspension of the use of the
measurement means in order to repair, readjust and expertise it;
d/ A violation of Item 4 of this
Article shall lead to the forcible suspension and stripping for six months of
the right to use the certificate of expertise of the measurement means.
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1. Warning or a fine of 100,000
VND to 500,000 VND for failing to indicate the prescribed quantity on the
package.
2. A fine of 500,000 VND to
2,000,000 VND for producing packaged goods which fall short of the quantity
indicated on the package.
3. A fine of 2,000,000 to
10,000,000 VND for an act of fakery or fraudulence in the inscriptions on the
label or on the package which cause misunderstanding about the real quantity of
the goods inside the package.
4. Additional sanctions and
other measures against violations of this Article:
a/ Compensation for the damage
caused by the administrative violation;
b/ A violation of Items 2 and 3
of this Article shall lead to the temporary suspension of production and
forcible repackaging in conformity with the posted quantity.
Article
11.- A violation of the regulations on measurement in the trading of
packaged goods (produced and packaged by industrial methods) with a prescribed
quantity shall be subject to the following sanctions:
1. Warning or a fine of 50,000
to 200,000 VND for an act of trading of goods without posting the quantity on
the package as prescribed.
2. A fine of 200,000 VND to
1,000,000 VND for an act of trading of packaged goods which fall under the
posted quantity.
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A violation of Item 2 of this
Article shall lead to the forcible suspension of the circulation of the goods
and forcible implementation of remedial measures.
Section 2.
ACTS OF ADMINISTRATIVE VIOLATION IN THE DOMAIN OF GOODS QUALITY, FORMS AND
LEVELS OF SANCTION:
Article
12.- A violation of the regulations on the publication of the quality norms
and registration of goods quality in the production of goods in the categories
to be registered for quality registration or the quality of which is willingly
registered by the producer shall be subject to the following sanctions:
1. Warning or a fine of 100,000
VND to 500,000 VND for one of the following acts:
a/ Using a goods quality
registration which has expired its validity;
b/ There have been changes in
the goods compared with the contents already registered but the producer fails
to inform in time to the State managerial agency on goods quality.
2. A fine of 500,000 VND to
2,000,000 VND for one of the following acts:
a/ Producing goods without
quality criteria or failing to register the quality of the goods in the
categories which must be registered for quality;
b/ Failing to register the quality
of goods which need to be registered after a given period after expiry of that
period;
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3. A fine of 2,000,000 VND to
5,000,000 VND for an act of producing goods with quality lower than that
already registered.
4. A fine of 5,000,000 VND to
20,000,000 VND for an act of producing goods which belong to the categories
which must comply with Vietnamese standards but the quality of which falls
under the registered mark.
5. Additional sanctions and
other measures against the violations of this Article:
a/ Violation of Points a and b
of Item 2 of this Article shall also lead to the forcible new registration of
quality;
b/ A violation of Point c of
Item 2 and Item 3 of this Article shall also lead to the forcible temporary
suspension of the delivery of goods and the remaking of the substandard lot of
goods;
c/ A violation of Item 4 of this
Article shall lead to the forcible compensation for the damage caused by the
violation, forcible re-manufacture or destruction of the substandard goods
likely to cause damage to human health, cause pollution to the environment,
forcible overcoming of the pollution of the environment, or the spread of
disease caused by the violation.
Article
13.- A violation of the regulations on the certification of standards in
the production of goods shall lead to the following sanctions:
1. Warning or a fine of 100,000
VND to 500,000 VND for an act of using a certificate of standard which has expired
its validity to produce goods in the categories which must be certified and has
been certified as conformable to standard.
2. A fine of 500,000 VND to
2.000.000 VND for one of the following acts:
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b/ Failure to register for a
certificate of standardization of goods which must be registered for
standardization within a given time-limit;
c/ Willingly producing goods
with a certificate of standardization with an actual quality lower than that
already certified;
d/ Producing goods which have
not been certified as up to standard but which is stamped or stuck with a stamp
of standardization and is advertised as having been certified as up to
standard.
3. A fine of 5,000,000 VND to
20,000,000 VND for an act of producing goods in the categories listed under
forcible Vietnam standard but with an actual quality lower than the already
certified standard.
4. Additional sanctions and other
measures against the violations of this Article:
a/ A violation of Points a and b
of Item 2 of this Article shall lead to the forcible registration for a
certificate of standardization within a given time limit;
b/ A violation of Point c Item 2
of this Article shall lead to the temporary forcible suspension of delivery of
goods and re-manufacture of the faulty lot of goods;
c/ A violation of Item 3 of this
Article will lead to the forcible compensation of the damage caused by the
violation of up to 1.000,000 VND, forcible remanufacture or destruction of the
substandard goods which are likely to cause damage to human health, pollution
to the environment, and spread of disease, stripping of the right to use the
certificate of standardization for up to six months and temporary suspension of
the manufacture of such goods.
Article
14.- Violations of goods quality in trading shall be subject to the
following sanctions:
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a/ Failing to register goods for
trading in the categories that must be registered for quality;
b/ Failing to secure a
certificate for goods in trading in the categories which must be certified as
up to Vietnamese standards.
2. A fine of 1,000,000 VND to
3,000,000 VND for one of the following acts:
a/ Trading in goods with actual
quality lower than that already registered;
b/ Trading in goods which have
expired their usage date.
3. A fine of 5,000,000 VND to
20,000,000 VND for an act of trading in goods with actual quality norms lower
than that already registered or which have been certified as up to Vietnam
standard but which violate the regulations on safety, hygiene and environment
safety.
4. Additional sanctions and
other measures against the violations of this Article:
a/ A violation of Item 3 of this
Article shall lead to the temporary suspension of the circulation of the faulty
goods;
b/ A violation of Item 4 of this
Article shall lead to the forcible compensation for the damage caused by the
violation, forcible remanufacture or destruction of the substandard goods that
may cause damage to human health, pollution of the environment and the spread
of disease caused by the violation.
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1. A fine of 2,000,000 VND to
10,000,000 VND for one of the following acts:
a/ Producing goods bearing the
trade mark identical or similar to that of another establishment which has been
given industrial copyright and without the consent of the owner of this trade
mark;
b/ Producing goods with a trade
mark identical or similar to that of another establishment which has registered
for quality;
c/ Producing goods with
utilization quality at variance with the origin, natural properties, name and
utilization without however causing damage to human health or causing pollution
to the environment.
2. A fine of 10,000,000 VND to
20,000,000 VND for the production of goods of which the utilization value
varies with the origin, natural properties, name and use, which are noxious to
human health, causes pollution to the environment or which adversely affects
the prestige of the country.
3. A fine of 1,000,000 VND to
5,000,000 VND for one of the following activities:
a/ Trading in goods with a trade
mark identical or similar to that of another establishment which has been
granted industrial property right but which has not received the consent of the
owner of this trademark;
b/ Trading in goods with a trade
mark identical or similar to that of another establishment which has registered
for quality;
c/ Trading in goods with
utilization quality not conforming to its origin, natural properties, name and
use but without being noxious to human or causing pollution to the environment.
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5. Additional sanctions and
other measures against the violations of this Article:
a/ Forcible compensation for the
damage caused by the administrative violation;
b/ Confiscation of the means of
production and trading and all the goods related to the violation;
c/ A violation of Items 2 and 4
of this Article shall lead to the forcible destruction of the goods that damage
human health, forcible carrying out of remedial measures against the pollution
of the environment or the spread of disease caused by the violation.
Article 16.-
The violations of the regulations on State control over the quality of imported
and exported goods in the trading of imports and exports in the categories that
must go through State quality control shall be subject o the following
sanctions:
1. A fine of 500,000 VND to
2,000,000 VND for one of the following acts:
a/ Failure to register for State
quality control in dealing with imports and exports in the categories subject
to State quality control;
b/ Failure to come to the
registration center in time to register the goods for State quality control
within the prescribed time limit.
2. A fine of 2,000,000 VND to
5,000,000 VND for the trading of import and export goods with actual quality
lower than the quality prescribed by the State but not yet violating the
prescriptions for safety, hygiene and environmental protection.
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a/ The goods have a low quality,
violate the compulsory prescriptions for safety, hygiene and environmental
protection;
b/ Deliberately evading State
control over the quality of import and export goods.
4. Additional sanctions and
other measures against violations of this Article:
a/ Violation of Item 1 of this
Article shall lead to the forcible registration for State quality control
within a given time, temporary suspension of import and export until completion
of the registration procedures;
b/ Violation of Item 2 of this
Article shall lead to the temporary suspension of import and export and
forcible re-manufacture of the faulty lot of goods;
c/ Violation of Point a, Item 3
of this Article shall also lead to the forcible compensation for the damage
caused by the administrative violation; forcible temporary suspension of import
and export and circulation of the faulty lot of goods on the market, forcible
remanufacture or destruction of the goods if they cause damage to human health
or cause pollution to the environment.
Chapter
III
COMPETENCE AND
PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF
MEASUREMENT AND QUALITY OF GOODS
Article
17.- Competence for sanctioning administrative violations in the domain of
standard measurement and quality of goods:
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a/ To serve a warning;
b/ To order a fine up to 200,000
VND ;
c/ To confiscate evidences and
means used to commit the administrative violation valued up to 500,000 VND;
d/ To force restoration of the
original state which is changed by the administrative violation;
e/ To force the carrying out of
measures to overcome the pollution of the living environment and the spread of disease
caused by the administrative violation;
f/ To force the destruction of
the agents damaging to human health.
2. The specialized Chief
Inspector, the Head of the agency assigned to carry out specialized inspection
in Standard, Measurement and Quality at the provincial level stipulated at the
Ordinance on Measurement and the Ordinance on the Quality of Goods have the
right:
a/ To serve a warning;
b/ To order a fine up to
10,000,000 VND;
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d/ To strip the right to use the
permit under their competence;
e/ To force the restoration of
the initial state changed by the administrative violation;
f/ To force the carrying out of
measures to overcome the pollution of the living environment and the spread of
disease caused by the administrative violation;
g/ To force the destruction of
the agents damaging to human health;
h/ To force the compensation of
damage up to 1,000,000 VND caused by the administrative violation.
3. The specialized Chief
Inspector of the Ministry of Science, Technology and Environment. the
specialized Chief Inspector of the General Department for Measurement,
Standardization and Quality under the Ministry of Science, Technology and
Environment have the right:
a/ To serve a warning;
b/ To order a fine up to
20,000,000 VND;
c/ To confiscate the evidences
and means used in the administrative violation;
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e/To force the restoration of
the initial stage which has been changed by the administrative violation;
f/ To force the carrying out of
measures to overcome the pollution of the living environment and the spread of
disease caused by the administrative violation;
g/ To force the destruction of
the agents damaging to human health;
h/ To force the compensation for
the damage up to 1,000,000 VND caused by the administrative violation.
Article
18.- Competence in sanctioning administrative violations in the domain of
measurement and quality of goods of the Peoples Committees of various levels
shall comply with Articles 26, 27 and 28 of the Ordinance on Handling
Administrative Violations.
Article
19.- The competence in sanctioning the administrative violations in the
domain of measurement and quality of goods of the Police, Customs and market
management agencies and the other specialized inspection agencies shall comply
with Articles 29, 30, 33 and 34 of the Ordinance on Handling Administrative
Violations.
Article
20.- Assignment of power in handling administrative violations;
In the absence of the persons
competent to handle the administrative violations stipulated at Items 2 and 3
of Article 17 of this Decree and at Articles 26, 27 and 28 and Items 3, 4, 5
and 6 and 7 of Article 29 and Items 2 and 3 of Article 30, Items 2, 3 and 4 of
Article 33, Items 2 and 3 of Article 34 of the Ordinance on Handling
Administrative Violations or with their empowerment, the deputy heads have the
competence to handle the violations according to their competence.
Article
21.- Principles of assignment of power in sanctioning administrative
violations:
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2. The specialized inspection
agencies have the competence to sanction the administrative violation in the
domain of measurement and quality of goods with regard to the persons and
organizations under their management.
3. In case the administrative violation
in the domain of measurement and quality of goods comes under the sanctioning
competence of many agencies, the sanction shall be carried out by the first
agency to handle the case.
Article
22.- The procedures for sanctioning the administrative violations in the
domain of measurement and quality of goods shall comply with Articles 45, 46,
47, 48, 49, 50, 51, 52, 54, 55 and 56 of the Ordinance on Handling
Administrative Violations.
Chapter IV
COMPLAINTS,
DENUNCIATIONS AND HANDLING OF VIOLATIONS
Article
23.- Complaints, denunciations and settlement of complaints and
denunciations in the domain of measurement and quality of goods;
1. Citizens have the right to
denounce to the competent State agencies the administrative violations by any
organization and individual and denounce the violations by the persons with
competence to sanction the administrative violations in the domain of
measurement and quality of goods.
2. An organization or an
individual that is sanctioned for administrative violation or their legal
representative has the right to protest against the person who has issued the
sanctioning order within ten days from the receipt of the decision. In case the
complaining organization or individual does not agree with the decision to
settle the complaint, they may protest to the immediate higher level of the
person who has issued that decision or initiate an administrative lawsuit at
the competent court.
3. The procedure, process, time
limit and competence of complaining and settling the complaint shall comply
with Article 88 of the Ordinance on Handling Administrative Violations and the
provisions of the Ordinance on the Procedures to Settle Administrative
Lawsuits.
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- A denunciation against an
unlawful act of the person competent to handle administrative violations shall
be examined and settled by the immediate higher level of that person.
- Upon receiving a denunciation,
the person with competence to settle it shall have to examine and settle it in
time and reply in writing within 15 (fifteen) days or 30 (thirty) days if it is
a complicated case as from the date of receiving the denunciation.
Article
24.- Handling a violation by the person with authority to handle an
administrative violation:
The person authorized to handle
an administrative violation who exacts bribes, or who condones, covers up or
refrains from punishing, or does not handle it in time or below the prescribed
level or beyond the prescribed level, shall, depending on the character and
seriousness of the violation, be subject to disciplinary measures or be
examined for criminal liability. If they cause material damage, they shall have
to pay compensations as prescribed by law.
Article
25.- Handling of violation in case the offender commits an administrative
violation:
A person who is subject to a
sanction for an administrative violation and who has an act of resisting the
person on mission, who delays or evades the implementation of the sanction or
takes other acts of violation shall, depending on the character, seriousness of
the violation, be subjected to administrative sanction or be examined for penal
liability. If they cause material damage, they shall have to pay compensation
as prescribed by law.
Chapter V
IMPLEMENTATION PROVISIONS
Article
26.- This Decree takes effect one month after its signing. The provisions
on the inspection of the handling of the production and trading of faked goods
in Decree No.140-HDBT of April 25, 1991 of the Council of Ministers, the
regulations on the handling of administrative violations in the domain of
measurement and quality of goods in Decree No.327-HDBT of October 19, 1991 and
Decree No.115-HDBT of April 13, 1991 of the Council of Ministers are now
annulled.
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ON
BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai