THE GOVERNMENT
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|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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|
No.:
98/2020/ND-CP
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Hanoi, August 26,
2020
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DECREE
PRESCRIBING
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON COMMERCE, PRODUCTION
AND TRADE IN COUNTERFEIT AND PROHIBITED GOODS, AND PROTECTION OF CONSUMER
RIGHTS
Pursuant to the Law on Organization of the
Government dated June 19, 2015;
Pursuant to the Law on penalties for
administrative violations dated June 20, 2012;
Pursuant to the Law on Investment dated November
26, 2014 and the Law on amendments to Article 6 and Appendix 4 – List of
conditional business lines of the Law on Investment dated November 22, 2016;
Pursuant to the Law on Enterprises dated
November 26, 2014;
Pursuant to the Commercial Law dated June 14,
2005;
Pursuant to the Law on Foreign Trade Management
dated June 12, 2017;
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Pursuant to the Law on Quality of Goods and
Products dated November 21, 2007;
Pursuant to the Law on Tobacco Harm Prevention
and Control dated June 18, 2012;
Pursuant to the Law on Prevention and Control of
Harmful Effects of Alcoholic Beverages dated June 14, 2019;
Pursuant to the Pharmaceutical Law dated April
06, 2016;
Pursuant to the Law on Protection of Consumer
Rights dated November 17, 2010;
At the request of the Minister of Industry and
Trade;
The Government promulgates a Decree prescribing
penalties for administrative violations against regulations on commerce,
production and trade in counterfeit and prohibited goods, and protection of
consumer rights.
Chapter I
GENERAL PROVISIONS
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1. This Decree deals with the administrative
violations against regulations on commerce, production and trade in counterfeit
and prohibited goods and protection of consumer rights, penalties, fines,
remedial measures, the power to make records of and the power to impose
penalties for such administrative violations.
2. The administrative violations against
regulations on commerce, production and trade in counterfeit and prohibited
goods and protection of consumer rights prescribed herein include:
a) Violations against regulations on business
operations requiring business licenses, except those prescribed in decrees
prescribing penalties for administrative violations in other state management
sectors;
b) Provision of services classified as banned
business lines; production and trade in counterfeit and prohibited goods;
c) Trade in contraband goods, domestically sold
goods against which emergency measures are implemented, expired goods or goods
of unknown origin and involving in other violations;
d) Violations against regulations on tobacco trade;
dd) Violations against regulations on trade in
alcoholic beverages;
e) Hoarding and excessive accumulation;
g) Violations against regulations on trade
promotion;
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i) Violations against regulations on protection of
consumer rights;
k) Violations against regulations on e-commerce;
l) Violations against regulations on establishment
and commercial activities of foreign traders and foreigners in Vietnam;
m) Other violations in commercial sector.
3. Other administrative violations in commercial
sector regarding trade in petrol and liquefied petroleum gas; prices and
posting of prices of goods and services; documents and invoices used in sale
and purchase of goods/services; measurement, standards and quality of goods
sold on the market; labels of goods; intellectual property; business
registration procedures; signboards; commercial advertisement; auction of
goods; bidding for goods/services; trading and exchange of goods by border
residents and other violations shall be penalized in accordance with
regulations on penalties for administrative violations in relevant state
management sectors.
4. Acts of hoarding, excessive accumulation,
bidding for goods/services and franchising showing signs of anti-competitive
behavior as prescribed in the Law on competition shall be investigated and
penalized in accordance with regulations of the Law on competition.
5. The administrative violations against
regulations on goods imported, exported and in transit, and incoming, outcoming
and transit means of transport detected by customs authorities within their
responsible customs areas shall be penalized in accordance with regulations of
the Government’s Decree prescribing penalties for administrative violations in
customs sector. In case the Government’s Decree prescribing penalties for
administrative violations in customs sector does not provide for such a
violation, it will be penalized in accordance with regulations herein.
Article 2. Entities facing
administrative penalties
1. Vietnamese or foreign organizations and
individuals that commit administrative violations specified in this Decree
within the territory of Vietnam.
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3. The organizations mentioned in Clause 1 of this
Article include:
a) Enterprises duly established and operating in
accordance with the Law on enterprises; cooperatives and cooperative unions
duly established in accordance with the Law on cooperatives; other business
entities duly established and operating in accordance with law regulations and
their affiliates;
b) Representative offices and branches of foreign
traders in Vietnam; representative offices of foreign trade promotion
organizations in Vietnam;
c) Other organizations duly established in
accordance with law regulations.
Article 3. Definitions
For the purposes of this Decree, the terms below
are construed as follows:
1. “production” means one, some or all actions of
making, prepressing, printing, ordering, preliminarily processing, processing,
extracting, recycling, assembling, mixing, portioning, dividing, filling,
packing and other actions aiming to produce goods.
2. “trade” means one, some or all actions of
offering, displaying, storing, maintaining, transporting, wholesaling,
retailing, exporting, importing and other actions aiming to sell goods on the
market.
3. “goods sold on the market” include those
displayed, sold on promotion, maintained, transported and stored during the
trade of goods.
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5. “prohibited good” means the good which is
prohibited from being traded, sold and used in Vietnam.
6. “contraband goods” include:
a) Imported goods included in the list of goods
banned from import or the list of goods temporarily suspended from import as
prescribed by law, unless they are imported with the Prime Minister’s
permission;
b) Goods imported without the required import
license or without meeting given import conditions as prescribed by law;
c) Goods imported without going through a
prescribed border checkpoint or without following customs procedures as prescribed
by law, or the information on quantities or types of which is falsified when
following customs procedures;
d) Imported goods sold on the market without
accompanied invoices and documents as prescribed by law, or with unlawful
invoices and documents;
dd) Goods, which are subject to import labeling,
imported without bearing stamps as prescribed or with bearing false or used
stamps.
7. “counterfeit goods” include:
a) Goods whose uses are not consistent with their
nature or names; the goods which are useless or whose uses are other than the
announced or registered ones;
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c) Counterfeit drugs defined in Clause 33 Article 2
of the 2016 Law on Pharmacy and counterfeit herbal ingredients defined in Clause
34 Article 2 of the 2016 Law on Pharmacy;
d) Veterinary drug or pesticide that does not
contain any active ingredients; does not contain all of registered active
ingredients; contains active ingredients other than those specified on its
label or package; contains at least an active ingredient whose content only
reaches 70%, or less, compared to the minimum level prescribed in relevant
technical regulations or quality standards registered or announced;
dd) The good whose label or package containing
information forging name or address of manufacturer, importer or distributor,
forging registration number, declaration number or barcode of the good, forging
package of good of another entity, or forging the origin of good or place of
manufacturing, packaging or assembling;
e) Counterfeit stamps, labels and packages of
goods.
8. “counterfeit stamps, labels and packages”
include decals, labels, packages, quality stamps, quality marks, origin-tracing
stamps, warranty cards, stretch films or other articles of a business entity
that contain information forging names or addresses of other entities, forging
trade names, commercial names, barcodes, registration numbers or declaration
numbers of goods or packages of other entities.
9. “exhibits” include objects, money, documents,
finished or unfinished goods directly related to an administrative violation.
10. “instrumentalities” include means of transport,
tools and machinery used for performing an act of administrative violation.
11. “consumer privacy” means information about a
consumer which has been protected by the consumer himself/herself or another
relevant entity by adopting privacy protection methods, and the disclosure or
use of which without the permission of the said entities will cause adverse
effects to health, life, property or other material or spiritual damage to the
consumer.
12. “third party” means an entity that is requested
by the entity trading good or providing service to provide information on that
good or service, including:
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b) The business entity engaging in the compilation
of information on the good or service;
c) Media owner or telecommunications service
provider;
d) Another entity that is requested to provide
information.
13. “good of unknown origin” means the good sold on
the market but there are no grounds for determining its manufacturer or origin.
Grounds for determining the manufacturer or origin of the good include
information shown on its label or package, its accompanied documents; proofs of
origin, sale and purchase contracts, invoices, customs declarations, and other
documents proving the legal ownership of the good and civil transactions
between the manufacturer and relevant parties as prescribed by law.
Article 4. Penalties and
remedial measures
1. Primary penalties:
a) Warning;
b) Fines.
2. Additional penalties:
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b) Confiscation of exhibits and instrumentalities
used for committing administrative violations (hereinafter referred to as
“exhibits and instrumentalities”).
3. Remedial measures:
a) Enforced transport to out of the territory of
the Socialist Republic of Vietnam or re-export of goods, articles and means;
b) Enforced destruction of goods and articles that
cause harm to human health, domestic animals, plants and environment, and
indecent materials;
c) Enforced correction of false or misleading
information;
d) Enforced removal of violating elements on labels
and packages of goods, means of trading or articles;
dd) Enforced recall of products and goods of poor
quality;
e) Enforced transfer of benefits illegally obtained
from administrative violations or enforced transfer of the amounts of money
equivalent to the value of the exhibits and/or instrumentalities of
administrative violations which have been sold, liquidated, hidden or destroyed
inconsistently with the law;
g) Enforced recall of defective goods;
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i) Enforced modification of signed contracts or
enforced modification of standard form contracts/ contracts containing general
terms and conditions as prescribed;
k) Enforced revocation of “.vn” domain name of
e-commerce websites or enforced removal of mobile applications from
applications store or addresses on which such applications are provided.
4. Fines:
a) The maximum fine for a violation in the field of
commerce or protection of consumer rights is VND 100.000.000 if it is imposed
on an individual or VND 200.000.000 if it is imposed on an organization. The
maximum fine for a violation in the field of production and trade in
counterfeit and prohibited goods VND 200.000.000 if it is imposed on an
individual or VND 400.000.000 if it is imposed on an organization;
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 Point p Clause 2 Article
33, Clause 2 Article 34, Point b Clause 4 Article 35, Article 68, Article 70,
Clause 6, 7, 8, 9 Article 73 and Clause 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.
Article 5. Valuation of
exhibits and instrumentalities as the basis for determination of fine brackets
and the power to impose penalties
1. The valuation of exhibits and instrumentalities
used for committing the administrative violations prescribed herein shall be
based on one of the grounds in order of priority prescribed in Point a, b and c
Clause 2 Article 60 of the Law on penalties for administrative violations.
2. With regard to exhibits which are counterfeit
goods prescribed in Point a, b, c, d, dd and e Clause 7 Article 3 hereof, the
exhibit’s value is the market value of the genuine good or the good with the same
features, specifications or uses at the time when the administrative violation
is committed as prescribed in Point d Clause 2 Article 60 of the Law on
penalties for administrative violations. If the exhibit’s value cannot be
determined according to this regulation, the exhibit’s value shall be
determined according to the provisions in Clause 1 of this Article.
3. If the exhibit's value cannot be determined
according to the provisions in Clause 1 and 2 of this Article, the competent
officer who is handling the case may issue a decision to seize the exhibit and
establish the valuation council according to the provisions in Clause 3 Article
60 of the Law on penalties for administrative violations.
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ADMINISTRATIVE
VIOLATIONS, PENALTIES, FINES AND REMEDIAL MEASURES
Section 1. VIOLATIONS AGAINST
REGULATIONS ON BUSINESS OPERATIONS REQUIRING BUSINESS LICENSES
Article 6. Violations against
regulations on business operations requiring business licenses
1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for committing one of the following violations:
a) Making interlineations, erasure or alteration of
the business license;
b) Leasing, lending, pledging, mortgaging, selling
or transferring the business license;
c) Hiring, borrowing, buying or receiving pledge,
mortgage or transfer of the business license.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for failing to comply with the scope, subjects,
scale, duration, location, place or products specified in the business license.
3. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for committing one of the following violations:
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b) Using an expired business license when trading
in goods or services classified as conditional business lines;
c) Failing to meet business conditions during the
trading in goods or services classified as conditional business lines;
d) Using the business license of another trader.
4. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for failing to stop doing business during the
period of suspension of business operations, suspension or revocation of the business
license decided by a competent authority.
5. A fine that is twice as much as the fine
specified in Clause 1 through 4 of this Article shall be imposed upon the
entity that engages in production of industrial alcohol, processing or trading
in tobacco raw materials, manufacturing of tobacco products, distribution or
wholesaling of alcohol or tobacco products, and commits an administrative
violation.
6. Additional penalties:
a) The exhibits of the violation prescribed in
Point a Clause 1 of this Article shall be confiscated;
b) The business license shall be suspended for a
fixed period of 01 - 03 months if one of the violations in Point b Clause 1,
Clause 2 and Point c Clause 3 of this Article is repeated or re-committed.
7. Remedial measure:
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Section 2. PROVISION OF BANNED
SERVICES, PRODUCTION AND TRADE IN COUNTERFEIT AND PROHIBITED GOODS
Article 7. Provision of
services included in the list of banned business lines
1. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed for providing services included in the list of
banned business lines.
2. Additional penalty:
The exhibits and instrumentalities used for
committing the violation in Clause 1 of this Article shall be confiscated.
3. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from the commission of the violation in Clause 1 of
this Article.
Article 8. Production, trade,
transport, storage and delivery of prohibited goods
1. A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for committing one of the following violations:
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b) Trading in less than 50 contraband cigarette
packs (1 pack contains 20 cigarettes; with regard to contraband cigars and
other finished tobacco products, 1 pack = 20 g);
c) Trading in less than 0,5 kg of firecrackers;
d) Trading in other goods which are prohibited from
being traded, sold or used by the State if they are worth less than VND
3.000.000 or the illegal profit obtained is less than VND 1.500.000.
2. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for committing one of the following violations:
a) Trading in from 5 kg to under 10 kg or from 5 l
to under 10 l of pesticides prohibited from being traded, sold or used by the
State;
b) Trading in from 50 to under 100 contraband
cigarette packs;
c) Trading in from 0,5 kg to under 1 kg of
firecrackers;
d) Trading in other goods which are prohibited from
being traded, sold or used by the State if they are worth from VND 3.000.000 to
under VND 5.000.000 or the illegal profit obtained is from VND 1.500.000 to
under VND 2.500.000.
3. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for committing one of the following violations:
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b) Trading in from 100 to under 300 contraband
cigarette packs;
c) Trading in from 1 kg to under 2 kg of
firecrackers;
d) Trading in other goods which are prohibited from
being traded, sold or used by the State if they are worth from VND 5.000.000 to
under VND 10.000.000 or the illegal profit obtained is from VND 2.500.000 to
under VND 5.000.000.
4. A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Trading in from 15 kg to under 20 kg or from 15
l to under 20 l of pesticides prohibited from being traded, sold or used by the
State;
b) Trading in from 300 to under 500 contraband
cigarette packs;
c) Trading in from 2 kg to under 3 kg of
firecrackers;
d) Trading in other goods which are prohibited from
being traded, sold or used by the State if they are worth from VND 10.000.000
to under VND 30.000.000 or the illegal profit obtained is from VND 5.000.000 to
under VND 15.000.000.
5. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
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b) Trading in from 500 to under 1.000 contraband
cigarette packs;
c) Trading in from 3 kg to under 4 kg of
firecrackers;
d) Trading in other goods which are prohibited from
being traded, sold or used by the State if they are worth from VND 30.000.000
to under VND 50.000.000 or the illegal profit obtained is from VND 15.000.000
to under VND 25.000.000.
6. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for committing one of the following violations:
a) Trading in from 30 kg to under 40 kg or from 30
l to under 40 l of pesticides prohibited from being traded, sold or used by the
State;
b) Trading in from 1.000 to under 1.200 contraband
cigarette packs;
c) Trading in from 4 kg to under 5 kg of
firecrackers;
d) Trading in other goods which are prohibited from
being traded, sold or used by the State if they are worth from VND 50.000.000
to under VND 70.000.000 or the illegal profit obtained is from VND 25.000.000
to under VND 35.000.000.
7. A fine ranging from VND 70.000.000 to VND
90.000.000 shall be imposed for committing one of the following violations:
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b) Trading in from 1.200 to under 1.500 contraband
cigarette packs;
c) Trading in from 5 kg to under 6 kg of
firecrackers;
d) Trading in other goods which are prohibited from
being traded, sold or used by the State if they are worth from VND 70.000.000
to under VND 100.000.000 or the illegal profit obtained is from VND 35.000.000
to under VND 50.000.000.
8. A fine ranging from VND 90.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations, if
not liable to criminal prosecution:
a) Trading in 50 kg, or more, or 50 l, or more, of
pesticides prohibited from being traded, sold or used by the State;
b) Trading in 1.500 or more contraband cigarette
packs;
c) Trading in 6 kg or more of firecrackers;
d) Trading in other goods which are prohibited from
being traded, sold or used by the State if they are worth VND 100.000.000 or
more or the illegal profit obtained is VND 50.000.000 or more.
9. A fine that is twice as much as the fine
prescribed in Clause 1 through 8 of this Article shall be imposed for producing
the corresponding type of prohibited goods prescribed in Clause 1 through 8 of
this Article.
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a) transporting prohibited goods;
b) storing prohibited goods;
c) delivering prohibited goods.
11. Additional penalties:
a) The exhibits of the violations prescribed in
this Article shall be confiscated, except the case of application of remedial
measure prescribed in Point a Clause 12 of this Article;
b) The instrumentalities which are tools and
machinery used for producing prohibited goods in the violation prescribed in
Clause 9 of this Article shall be confiscated;
c) The vehicles used for transporting prohibited
goods in the violations prescribed in this Article shall be confiscated if the
violation involves the quantity, weight or value of prohibited goods or
illegally obtained benefits prescribed in Clause 6, 7 and 8 of this Article or
if the violation is repeated or re-committed;
d) The license or practicing certificate shall be
suspended for a fixed period of 01 - 03 months if the violation is repeated or
re-committed, except the case in Point dd of this Clause;
dd) The license or practicing certificate shall be
suspended for a fixed period of 03 - 06 months if the violation prescribed in
Clause 9 of this Article is committed.
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a) The exhibits which are goods and articles that
cause harm to human health, domestic animals, plants and environment, and
indecent materials shall be destroyed if one of the violations in this Article
is committed;
b) The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
13. The acts of production or trade in goods which
are not yet licensed for free sale or use in Vietnam shall be penalized in
accordance with provisions of Government’s Decrees on penalties for
administrative violations in relevant sectors.
Article 9. Trade in goods whose
uses are forged
1. The following fines shall be imposed for trading
in goods whose uses are forced prescribed in Point a, b, c and d Clause 7
Article 3 hereof:
a) A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth less than VND 3.000.000 or the
illegal profit obtained is less than VND 5.000.000;
b) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth from VND 3.000.000 to under VND
5.000.000 or the illegal profit obtained is from VND 5.000.000 to under VND
10.000.000;
c) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth from VND 5.000.000 to under VND
10.000.000 or the illegal profit obtained is from VND 10.000.000 to under VND
20.000.000;
d) A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth from VND 10.000.000 to under VND
20.000.000 or the illegal profit obtained is from VND 20.000.000 to under VND
30.000.000;
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e) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth VND 30.000.000 or more or the
illegal profit obtained is VND 50.000.000 or more, if not liable to criminal
prosecution.
2. The fine that is twice as much as the
corresponding fine prescribed in Clause 1 of this Article shall be imposed for
importing counterfeit goods or the violation involving counterfeit goods which
are:
a) foods, food additives, food processing aids,
food preservatives, drugs or medicinal ingredients, if not liable to criminal
prosecution;
b) animal feeds, aquaculture feeds, aqua
environmental remediation products, livestock waste treatment products,
fertilizers, veterinary drugs, pesticides, plant varieties or animal breeds; or
c) cosmetics, medical devices, detergents,
chemicals, insecticidal and microbicidal preparations for household and medical
use, cement, iron and steel used in construction, or protective helmets.
3. Additional penalties:
a) The exhibits of the violations prescribed in
this Article shall be confiscated, except the case of application of remedial
measure prescribed in Point a or Point b Clause 4 of this Article;
b) The license or practicing certificate shall be
suspended for a fixed period of 06 - 12 months if any of the violations
prescribed in this Article is repeated or re-committed.
4. Remedial measures:
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b) The violating entity is compelled to transport
to out of the territory of the Socialist Republic of Vietnam or re-export
counterfeit goods imported prescribed in this Article;
c) The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Article 10. Production of
goods whose uses are forged
1. The following fines shall be imposed for
producing goods whose uses are forced prescribed in Point a, b, c and d Clause
7 Article 3 hereof:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth less than VND 3.000.000 or the
illegal profit obtained is less than VND 5.000.000;
b) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth from VND 3.000.000 to under VND
5.000.000 or the illegal profit obtained is from VND 5.000.000 to under VND
10.000.000;
c) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth from VND 5.000.000 to under VND
10.000.000 or the illegal profit obtained is from VND 10.000.000 to under VND
20.000.000;
d) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth from VND 10.000.000 to under VND
20.000.000 or the illegal profit obtained is from VND 20.000.000 to under VND
30.000.000;
dd) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth from VND 20.000.000 to under VND
30.000.000 or the illegal profit obtained is from VND 30.000.000 to under VND
50.000.000;
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2. A fine that is twice as much as the
corresponding fine prescribed in Clause 1 of this Article shall be imposed for
the violation involving the counterfeit goods which are:
a) foods, food additives, food processing aids,
food preservatives, drugs or medicinal ingredients, if not liable to criminal
prosecution;
b) animal feeds, aquaculture feeds, aqua
environmental remediation products, livestock waste treatment products,
fertilizers, veterinary drugs, pesticides, plant varieties or animal breeds; or
c) cosmetics, medical devices, detergents,
chemicals, insecticidal and microbicidal preparations for household and medical
use, cement, iron and steel used in construction, or protective helmets.
3. Additional penalties:
a) The exhibits of the violations prescribed in
this Article shall be confiscated, except the case of application of the
remedial measure prescribed in Point a Clause 4 of this Article;
b) The instrumentalities which are tools and
machinery used for producing counterfeit goods prescribed in this Article shall
be confiscated;
c) The license or practicing certificate shall be
suspended for a fixed period of 12 - 24 months if any of the violations
prescribed in this Article is repeated or re-committed;
d) Production operations shall be partially or
entirely suspended for a fixed period of 12 – 24 months if any of the
violations prescribed in this Article is repeated or re-committed.
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a) The exhibits of the violations prescribed in
this Article shall be destroyed;
b) The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Article 11. Trade in goods
whose labels or packages are forged
1. The following fines shall be imposed for trading
in goods whose labels or packages are forged as prescribed in Point dd Clause 7
Article 3 hereof:
a) A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth less than VND 3.000.000 or the
illegal profit obtained is less than VND 5.000.000;
b) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth from VND 3.000.000 to under VND
5.000.000 or the illegal profit obtained is from VND 5.000.000 to under VND
10.000.000;
c) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth from VND 5.000.000 to under VND
10.000.000 or the illegal profit obtained is from VND 10.000.000 to under VND
20.000.000;
d) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth from VND 10.000.000 to under VND
20.000.000 or the illegal profit obtained is from VND 20.000.000 to under VND
30.000.000;
dd) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth from VND 20.000.000 to under VND
30.000.000 or the illegal profit obtained is from VND 30.000.000 to under VND
50.000.000;
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2. The fine that is twice as much as the
corresponding fine prescribed in Clause 1 of this Article shall be imposed for
importing counterfeit goods or the violation involving counterfeit goods which
are:
a) foods, food additives, food preservatives, food
processing aids, drugs or medicinal ingredients, if not liable to criminal prosecution;
b) animal feeds, aquaculture feeds, aqua
environmental remediation products, livestock waste treatment products,
fertilizers, veterinary drugs, pesticides, plant varieties or animal breeds; or
c) cosmetics, medical devices, detergents,
chemicals, insecticidal and microbicidal preparations for household and medical
use, cement, iron and steel used in construction, or protective helmets.
3. Additional penalties:
a) The exhibits of the violations prescribed in
this Article shall be confiscated, except the case of application of the
remedial measure prescribed in Point a or Point b Clause 4 of this Article;
b) The license or practicing certificate shall be
suspended for a fixed period of 01 - 03 months if any of the violations prescribed
in this Article is repeated or re-committed.
4. Remedial measures:
a) The violating entity is compelled to remove
violating elements on labels or packages of counterfeit goods or destroy the
counterfeit goods in case of commission of any of the violations prescribed in
this Article, except the case of application of the remedial measure prescribed
in Point b of this Clause;
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c) The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Article 12. Production of
goods whose labels or packages are forged
1. The following fines shall be imposed for
production of goods whose labels or packages are forged as prescribed in Point
dd Clause 7 Article 3 hereof:
a) A fine ranging from VND 2.000.000 to VND
5.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth less than VND 3.000.000 or the
illegal profit obtained is less than VND 5.000.000;
b) A fine ranging from VND 5.000.000 to VND
8.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth from VND 3.000.000 to under VND
5.000.000 or the illegal profit obtained is from VND 5.000.000 to under VND
10.000.000;
c) A fine ranging from VND 8.000.000 to VND
15.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth from VND 5.000.000 to under VND
10.000.000 or the illegal profit obtained is from VND 10.000.000 to under VND
20.000.000;
d) A fine ranging from VND 15.000.000 to VND
25.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth from VND 10.000.000 to under VND
20.000.000 or the illegal profit obtained is from VND 20.000.000 to under VND
30.000.000;
dd) A fine ranging from VND 25.000.000 to VND
40.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth from VND 20.000.000 to under VND
30.000.000 or the illegal profit obtained is from VND 30.000.000 to under VND 50.000.000;
e) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed in case the quantity of counterfeit goods is
equivalent to an amount of genuine goods worth VND 30.000.000 or more or the
illegal profit obtained is VND 50.000.000 or more, if not liable to criminal
prosecution.
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a) foods, food additives, food preservatives, food
processing aids, drugs or medicinal ingredients, if not liable to criminal
prosecution;
b) animal feeds, aquaculture feeds, aqua
environmental remediation products, livestock waste treatment products,
fertilizers, veterinary drugs, pesticides, plant varieties or animal breeds; or
c) cosmetics, medical devices, detergents,
chemicals, insecticidal and microbicidal preparations for household and medical
use, cement, iron and steel used in construction, or protective helmets.
3. Additional penalties:
a) The exhibits of the violations prescribed in
this Article shall be confiscated, except the case of application of the
remedial measure prescribed in Point a Clause 4 of this Article;
b) The instrumentalities which are tools and
machinery used for producing counterfeit goods prescribed in this Article shall
be confiscated;
c) The license or practicing certificate shall be
suspended for a fixed period of 03 - 06 months if any of the violations
prescribed in this Article is repeated or re-committed;
d) Production operations shall be partially or
entirely suspended for a fixed period of 03 – 06 months if any of the
violations prescribed in this Article is committed.
4. Remedial measures:
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b) The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Article 13. Trade in
counterfeit stamps, labels and packages
1. The following fines shall be imposed for trading
in counterfeit stamps, labels and packages as prescribed in Point e Clause 7
Article 3 hereof:
a) A fine ranging from VND 300.000 to VND 500.000
shall be imposed in case the quantity of counterfeit stamps, labels and
packages is less than 100 pieces, sheets or equivalent units (hereinafter
referred to as “unit”);
b) A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed in case the quantity of counterfeit stamps, labels and
packages is from 100 to under 500 units;
c) A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed in case the quantity of counterfeit stamps, labels
and packages is from 500 to under 1.000 units;
d) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed in case the quantity of counterfeit stamps, labels
and packages is from 1.000 to under 2.000 units;
dd) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed in case the quantity of counterfeit stamps, labels
and packages is from 2.000 to under 3.000 units;
e) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed in case the quantity of counterfeit stamps, labels
and packages is from 3.000 to under 5.000 units;
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h) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed in case the quantity of counterfeit stamps, labels
and packages is 10.000 units or more, if not liable to criminal prosecution.
2. The fine that is twice as much as the
corresponding fine prescribed in Clause 1 of this Article shall be imposed for:
a) importing counterfeit stamps, labels and
packages;
b) the violation involving counterfeit stamps,
labels and packages of foods, food additives, food processing aids, food
preservatives, preventive drugs, drugs, medicinal ingredients, cosmetics,
medical devices or protective helmets; or
c) the violation involving counterfeit stamps,
labels and packages of detergents, chemicals, insecticidal and microbicidal
preparations for household and medical use, animal feeds, aquaculture feeds,
aqua environmental remediation products, livestock waste treatment products,
fertilizers, veterinary drugs, pesticides, plant varieties, animal breeds,
cement, iron or steel used in construction.
3. Additional penalties:
a) The exhibits of the violations prescribed in
this Article shall be confiscated, except the case of application of remedial
measure prescribed in Point a Clause 4 of this Article;
b) The license or practicing certificate shall be
suspended for a fixed period of 01 - 03 months if any of the violations
prescribed in this Article is repeated or re-committed.
4. Remedial measures:
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b) The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Article 14. Production of
counterfeit stamps, labels and packages
1. The following fines shall be imposed for
producing counterfeit stamps, labels and packages as prescribed in Point e
Clause 7 Article 3 hereof:
a) A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed in case the quantity of counterfeit stamps, labels and
packages is less than 100 pieces, sheets or equivalent units (hereinafter
referred to as “unit”);
b) A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed in case the quantity of counterfeit stamps, labels
and packages is from 100 to under 500 units;
c) A fine ranging from VND 2.000.000 to VND
5.000.000 shall be imposed in case the quantity of counterfeit stamps, labels
and packages is from 500 to under 1.000 units;
d) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed in case the quantity of counterfeit stamps, labels
and packages is from 1.000 to under 2.000 units;
dd) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed in case the quantity of counterfeit stamps, labels
and packages is from 2.000 to under 3.000 units;
e) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed in case the quantity of counterfeit stamps, labels
and packages is from 3.000 to under 5.000 units;
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h) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed in case the quantity of counterfeit stamps, labels
and packages is 10.000 units or more, if not liable to criminal prosecution.
2. The fine that is twice as much as the corresponding
fine prescribed in Clause 1 of this Article shall be imposed for:
a) the violation involving counterfeit stamps,
labels and packages of foods, food additives, food processing aids, food
preservatives, preventive drugs, drugs, medicinal ingredients, cosmetics,
medical devices or protective helmets; or
b) the violation involving counterfeit stamps,
labels and packages of detergents, chemicals, insecticidal and microbicidal
preparations for household and medical use, animal feeds, aquaculture feeds,
aqua environmental remediation products, livestock waste treatment products,
fertilizers, veterinary drugs, pesticides, plant varieties, animal breeds,
cement, iron or steel used in construction.
3. Additional penalties:
a) The counterfeit stamps, labels and packages in
the violations prescribed in this Article shall be confiscated, except the case
of application of remedial measure prescribed in Point a Clause 4 of this
Article;
b) The instrumentalities which are tools and
machinery used for producing counterfeit stamps, labels and packages in the
violations prescribed in this Article shall be confiscated;
c) The license or practicing certificate shall be
suspended for a fixed period of 03 - 06 months if any of the violations
prescribed in this Article is repeated or re-committed;
d) Production operations shall be partially or
entirely suspended for a fixed period of 03 – 06 months if any of the
violations prescribed in this Article is committed.
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a) The counterfeit stamps, labels and packages
shall be destroyed if any of the violations prescribed in this Article is
committed;
b) The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Section 3. TRADE IN CONTRABAND
GOODS; DOMESTICALLY SOLD GOODS AGAINST WHICH EMERGENCY MEASURES ARE
IMPLEMENTED; EXPIRED GOODS OR GOODS OF UNKNOWN ORIGIN AND INVOLVING IN OTHER
VIOLATIONS
Article 15. Trade in
contraband goods
1. The following fines shall be imposed for trading
in contraband goods:
a) A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed if the value of contraband goods is less than VND 3.000.000;
b) A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed if the value of contraband goods is worth from VND
3.000.000 to under VND 5.000.000;
c) A fine ranging from VND 2.000.000 to VND
4.000.000 shall be imposed if the value of contraband goods is worth from VND
5.000.000 to under VND 10.000.000;
d) A fine ranging from VND 4.000.000 to VND
6.000.000 shall be imposed if the value of contraband goods is worth from VND
10.000.000 to under VND 20.000.000;
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e) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if the value of contraband goods is worth from VND
30.000.000 to under VND 50.000.000;
g) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed if the value of contraband goods is worth from VND
50.000.000 to under VND 70.000.000;
h) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed if the value of contraband goods is worth from VND
70.000.000 to under VND 100.000.000;
i) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed if the value of contraband goods is VND 100.000.000
or more.
2. The fine that is twice as much as the
corresponding fine for trading in contraband goods prescribed in Clause 1 of
this Article shall be imposed in the following cases:
a) The violating entity directly involves the
illegal import of goods worth less than VND 100.000.000 or VND 100.000.000 or
more, if not liable to criminal prosecution;
b) The contraband goods are included in the list of
goods banned from import or the list of goods temporarily suspended from
import;
c) The contraband goods are foods, food additives,
food processing aids, food preservatives, preventive drugs, drugs, medicinal
ingredients, cosmetics, medical devices, chemicals, insecticidal and
microbicidal preparations for household and medical use, aqua environmental
remediation products, livestock waste treatment products, veterinary drugs,
fertilizers, cement, animal feeds, pesticides, growth stimulants, plant
varieties or animal breeds.
3. The fines prescribed in Clause 1 and Clause 2 of
this Article shall be also imposed for:
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b) deliberately storing contraband goods; or
c) deliberately delivering contraband goods.
4. Additional penalties:
a) The exhibits of the violations prescribed in
this Article shall be confiscated, except the case of application of remedial
measure prescribed in Point a Clause 5 of this Article;
b) The means of transport used for committing the
violations prescribed in this Article shall be confiscated if the value of
exhibits is VND 200.000.000 or more or the violation is repeated or
re-committed.
5. Remedial measures:
a) The goods and articles that cause harm to human
health, domestic animals, plants and environment, indecent materials, and
unsafe goods shall be destroyed if one of the violations in this Article is
committed;
b) The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Article 16. Trade in goods
against which emergency measures are implemented
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a) Failing to meet conditions or failing to obtain
a license when trading in goods which must be sold under certain conditions or
license as regulated by competent authorities;
b) Trading in goods against which the emergency
measure that is recall or suspension of selling of goods is implemented by
competent authorities.
2. A fine ranging from VND 400.000 to VND 600.000
shall be imposed for one of the violations in Clause 1 of this Article if the
value of goods is from VND 1.000.000 to under VND 2.000.000.
3. A fine ranging from VND 600.000 to VND 1.000.000
shall be imposed for one of the violations in Clause 1 of this Article if the
value of goods is from VND 2.000.000 to under VND 5.000.000.
4. A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for one of the violations in Clause 1 of this
Article if the value of goods is from VND 5.000.000 to under VND 10.000.000.
5. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for one of the violations in Clause 1 of this
Article if the value of goods is from VND 10.000.000 to under VND 20.000.000.
6. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for one of the violations in Clause 1 of this
Article if the value of goods is from VND 20.000.000 to under VND 30.000.000.
7. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for one of the violations in Clause 1 of this
Article if the value of goods is from VND 30.000.000 to under VND 50.000.000.
8. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for one of the violations in Clause 1 of this
Article if the value of goods is from VND 50.000.000 to under VND 70.000.000.
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10. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for one of the violations in Clause 1 of this Article
if the value of goods is VND 100.000.000 or more.
11. A fine that is twice as much as the
corresponding fine prescribed in Clause 1 through 10 shall be imposed upon
producer or importer committing the administrative violation.
12. The fines prescribed in Article 8 hereof shall
be imposed for trading in goods against which the emergency measure that is
prohibition of sale of goods is implemented by competent authorities.
13. Remedial measure:
The exhibits which are goods and articles that
cause harm to human health, domestic animals, plants and environment, indecent
materials, and unsafe goods shall be destroyed if one of the violations in this
Article is committed.
Article 17. Violations
involving expired goods or goods of unknown origin and involving in other
violations
1. A warning or a fine ranging from VND 300.000 to
VND 500.000 shall be imposed for one of the following violations if the value
of goods is less than VND 1.000.000:
a) Trading in goods (except pesticides and animal
feeds) past the expiration date indicated in their labels or packages;
b) Swapping or changing labels or packages of
goods, erasing or altering the expiration dates indicated on labels or packages
of goods, or committing other frauds to extend the expiration dates of goods;
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d) Trading in, transporting, storing or consuming
minerals of illicit origin.
2. A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed if one of the violations in Clause 1 of this Article involves
the goods worth from VND 1.000.000 to under VND 3.000.000.
3. A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed if one of the violations in Clause 1 of this Article
involves the goods worth from VND 3.000.000 to under VND 5.000.000.
4. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed if one of the violations in Clause 1 of this Article
involves the goods worth from VND 5.000.000 to under VND 10.000.000.
5. A fine ranging from VND 5.000.000 to VND
7.000.000 shall be imposed if one of the violations in Clause 1 of this Article
involves the goods worth from VND 10.000.000 to under VND 20.000.000.
6. A fine ranging from VND 7.000.000 to VND
10.000.000 shall be imposed if one of the violations in Clause 1 of this
Article involves the goods worth from VND 20.000.000 to under VND 30.000.000.
7. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed if one of the violations in Clause 1 of this
Article involves the goods worth from VND 30.000.000 to under VND 40.000.000.
8. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed if one of the violations in Clause 1 of this
Article involves the goods worth from VND 40.000.000 to under VND 50.000.000.
9. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed if one of the violations in Clause 1 of this
Article involves the goods worth from VND 50.000.000 to under VND 70.000.000.
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11. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed if one of the violations in Clause 1 of this
Article involves the goods worth VND 100.000.000 or more.
12. A fine that is twice as much as the
corresponding fine prescribed in Clause 1 through 11 shall be imposed upon
producer or importer committing the administrative violation or for the
violation involving the goods which are:
a) foods, food additives, food processing aids,
food preservatives, preventive drugs, drugs, medicinal ingredients, cosmetics
or medical devices;
b) detergents, chemicals, insecticidal and
microbicidal preparations for household and medical use, aqua environmental
remediation products, livestock waste treatment products, veterinary drugs,
fertilizers, cement, growth stimulants, plant varieties, animal breeds, aquatic
breeds or aquaculture feeds; or
c) other goods included in the list of conditional
business lines.
13. Additional penalties:
a) The exhibits of the violations prescribed in
this Article shall be confiscated, except the case of application of the
remedial measure prescribed in Point a Clause 14 of this Article;
b) The instrumentalities which are tools and
machinery used for committing the violation prescribed in Point b Clause 1 of
this Article shall be confiscated.
14. Remedial measures:
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b) The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Section 4. VIOLATIONS AGAINST
REGULATIONS ON TOBACCO TRADE
Article 18. Violations against
regulations on import of tobacco, cigarette rolling papers and tobacco raw
materials
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) Importing tobacco which fails to meet food
safety and hygiene requirements;
b) Importing tobacco which fails to meet quality
requirements according to registered quality standards.
2. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Importing cigarette rolling papers/tobacco raw
materials without obtaining the import license as prescribed;
b) Importing cigarette rolling papers with a
quantity exceeding the annually announced import quota;
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3. Additional penalties:
a) The exhibits of the violations prescribed in
Clause 2 of this Article shall be confiscated, except the case of application
of the remedial measure prescribed in Point b Clause 4 of this Article;
b) The license for trade in tobacco products shall
be suspended for a fixed period of 03 - 06 months if one of the violations
prescribed in this Article is repeated or re-committed.
4. Remedial measures:
a) The goods involving in one of the violations
prescribed in Clause 1 of this Article shall be confiscated;
b) The violating entity is compelled to transport
to out of the territory of the Socialist Republic of Vietnam or re-export the
goods involving in one of the violations in Clause 2 of this Article.
Article 19. Violations against
regulations on trade or transfer of cigarette stamps and cigarette rolling
papers
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for illegally trading or transferring cigarette
stamps.
2. The following fines shall be imposed for
illegally trading or transferring cigarette rolling papers:
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b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving goods worth from VND
10.000.000 to under VND 20.000.000;
c) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for the violation involving goods worth from VND
20.000.000 to under VND 50.000.000;
d) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for the violation involving goods worth from VND
50.000.000 to under VND 100.000.000;
dd) A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for the violation involving goods worth VND
100.000.000 or more.
3. Additional penalties:
a) The exhibits of administrative violations prescribed
in Clause 1 and Clause 2 of this Article shall be confiscated;
b) The license for trade in tobacco products shall
be suspended for a fixed period of 01 - 03 months if the violation in Point d
or Point dd Clause 2 of this Article is repeated or re-committed.
Article 20. Violations against
regulations on stamping of imported tobacco products
1. The following fines shall be imposed for failing
to stick import stamps on imported tobacco products for commercial purposes:
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b) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving goods worth from VND
10.000.000 to under VND 20.000.000;
d) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for the violation involving goods worth from VND
20.000.000 to under VND 30.000.000;
d) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for the violation involving goods worth from VND
30.000.000 to under VND 40.000.000;
dd) A fine ranging from VND 20.000.000 to VND
25.000.000 shall be imposed for the violation involving goods worth from VND
40.000.000 to under VND 50.000.000;
e) A fine ranging from VND 25.000.000 to VND
30.000.000 shall be imposed for the violation involving goods worth from VND
50.000.000 to under VND 60.000.000;
g) A fine ranging from VND 30.000.000 to VND
35.000.000 shall be imposed for the violation involving goods worth from VND
60.000.000 to under VND 70.000.000;
h) A fine ranging from VND 35.000.000 to VND
40.000.000 shall be imposed for the violation involving goods worth from VND
70.000.000 to under VND 80.000.000;
i) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for the violation involving goods worth from VND
80.000.000 to under VND 100.000.000;
k) A fine ranging
from VND 50.000.000 to VND 70.000.000 shall be imposed for the violation
involving goods worth VND 100.000.000 or more.
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a) The exhibits of the administrative violations
prescribed in this Article shall be confiscated;
b) The license for trade in tobacco products shall
be suspended for a fixed period of 03 - 06 months if one of the violations in
Point dd through k Clause 1 of this Article is repeated or re-committed.
Article 21. Violations against
regulations on stamping of domestically sold tobacco products
1. The following fines shall be imposed for trading
in domestically manufactured tobacco products which do not bear “domestically
sold tobacco” stamps or which are improperly stamped with “domestically sold
tobacco” stamps:
a) A warning or a fine ranging from VND 200.000 to
VND 500.000 shall be imposed for the violation involving goods worth less than
VND 1.000.000;
b) A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed for the violation involving goods worth from VND 1.000.000 to
under VND 2.000.000;
c) A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for the violation involving goods worth from VND
2.000.000 to under VND 5.000.000;
d) A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed for the violation involving goods worth from VND
5.000.000 to under VND 10.000.000;
dd) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for the violation involving goods worth from VND
10.000.000 to under VND 20.000.000;
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g) A fine ranging from VND 7.000.000 to VND
10.000.000 shall be imposed for the violation involving goods worth from VND
30.000.000 to under VND 40.000.000;
h) A fine ranging from VND 10.000.000 to VND
13.000.000 shall be imposed for the violation involving goods worth from VND
40.000.000 to under VND 50.000.000;
i) A fine ranging from VND 13.000.000 to VND
15.000.000 shall be imposed for the violation involving goods worth from VND
50.000.000 to under VND 60.000.000;
k) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for the violation involving goods worth from VND
60.000.000 to under VND 70.000.000;
l) A fine ranging from VND 20.000.000 to VND
25.000.000 shall be imposed for the violation involving goods worth from VND
70.000.000 to under VND 80.000.000;
m) A fine ranging from VND 25.000.000 to VND
30.000.000 shall be imposed for the violation involving goods worth from VND
80.000.000 to under VND 90.000.000;
n) A fine ranging from VND 30.000.000 to VND
35.000.000 shall be imposed for the violation involving goods worth from VND
90.000.000 to under VND 100.000.000;
o) A fine ranging from VND 35.000.000 to VND
40.000.000 shall be imposed for the violation involving goods worth VND
100.000.000 or more.
2. A fine that is twice as much as the
corresponding fine prescribed in Clause 1 of this Article shall be imposed upon
tobacco manufacturers for failing to stamp their tobacco products with
"domestically sold tobacco” stamps as prescribed.
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a) The license for trade in tobacco products shall
be suspended for a fixed period of 01 - 03 months if one of the violations in
Point h through o Clause 1 of this Article is repeated or re-committed;
b) The license for trade in tobacco products shall
be suspended for a fixed period of 03 - 06 months if the violation prescribed
in Clause 2 of this Article is repeated or re-committed.
Article 22. Violations against
regulations on tobacco output management
1. The following fines shall be imposed for manufacturing
domestically sold tobacco products exceeding the permitted annual production
output:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed if the exceeding level is less than 05%;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed if the exceeding level is from 05% to under 10%;
c) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed if the exceeding level is from 10% to under 15%;
d) A fine ranging from VND 50.000.000 to VND 70.000.000
shall be imposed if the exceeding level is from 15% to under 20%;
dd) A fine ranging from VND 70.000.000 to VND
100.000.000 shall be imposed if the exceeding level is 20% or more.
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a) The exhibits of the administrative violations
prescribed in this Article shall be confiscated;
b) The license for trade in tobacco products shall
be suspended for a fixed period of 01 - 03 months if one of the violations
prescribed in this Article is repeated or re-committed.
3. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Article 23. Violations against
regulations on sale of tobacco products
1. A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed for failing to failing to display the notice stating “It is
illegal to sell tobacco products to anyone under the age of 18” at the point of
sale as prescribed.
2. A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for committing one of the following violations:
a) Selling tobacco products to persons under 18;
b) Employing persons under 18 to sell tobacco
products.
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4. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for committing one of the following violations:
a) Failing to report or submitting false reports on
business status/income and distribution system of a tobacco retailer;
b) Selling tobacco by using an automatic vending
machine or at the premises where the sale of tobacco is prohibited;
c) Selling tobacco within a radius of 100 m from
the outer boundary of a kindergarten, nursery school, primary school, lower or
upper secondary school, medical research institute, hospital, maternity ward,
preventive medical center or medical station of a commune or ward.
5. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for failing to report or submitting false reports
on business status/income and distribution system of a tobacco distributor or
tobacco wholesaler.
6. Additional penalties:
a) The exhibits and instrumentalities of the
violation in Point b or c Clause 4 of this Article shall be confiscated;
b) The license for trade in tobacco products shall
be suspended for a fixed period of 01 - 03 months if the violation prescribed
in Point b or c Clause 4 of this Article is committed.
Article 24. Violations against
regulations on management of tobacco industry machinery and equipment
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2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Liquidating or destroying tobacco industry
machinery and equipment against regulations;
b) Failing to re-export tobacco industry machinery
and equipment upon expiry of the permitted temporary import period.
3. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for using tobacco industry machinery and equipment
without the license for manufacturing of tobacco products or license for
processing of tobacco raw materials.
4. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Buying, selling, hiring, leasing or performing
other acts aiming to transfer the ownership or right to use tobacco industry
machinery and equipment against regulations;
b) Importing tobacco industry machinery and
equipment against regulations or using imported tobacco industry machinery and
equipment of illicit origin.
5. Additional penalty:
The exhibits of administrative violations
prescribed in Clause 4 of this Article shall be confiscated.
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a) The entity committing the violation in Point b
Clause 2 of this Article is compelled to re-export tobacco industry machinery
and equipment;
b) The violating entity is compelled to return any
benefits illegally obtained from the commission of the violation in Point a
Clause 2 or Point a Clause 4 of this Article.
Section 5. VIOLATIONS AGAINST
REGULATIONS ON TRADE IN ALCOHOLIC BEVERAGES
Article 25. Violations against
regulations on registration of sale of spirits having at least 5.5% ABV for
on-premises consumption, trade in spirits having less than 5.5% ABV and home
production of spirits having at least 5.5% ABV for selling to licensed spirit
producer for re-preparation
1. A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed for engaging in home production of spirits having at least
5.5% ABV for selling to licensed spirit producer for re-preparation but failing
to carry out registration with the People’s Committee of commune where the
production establishment is located.
2. A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for failing to carry out registration with the
district-level Office of Economics or Office of Economics and Infrastructure
when selling spirits having at least 5.5% ABV for on-premises consumption or
trading in spirits having less than 5.5% ABV.
Article 26. Violations against
regulations on import of spirits
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) Directly importing or entrusting the import of
semi-finished spirits for production of finished spirits having at least 5.5%
ABV without obtaining a license for trade in alcoholic beverages;
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2. Acts of importing spirits not through
international border checkpoints shall be penalized according to the provisions
in Article 15 hereof.
3. Additional penalty:
The license for trade in alcoholic beverages shall
be suspended for a fixed period of 01 – 03 months if the violation in Point b
Clause 1 of this Article is repeated or re-committed.
4. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from the commission of the violation in Point b
Clause 1 of this Article.
Article 27. Violations against
regulations on stamping of imported spirits having at least 5.5% ABV
1. The following fines shall be imposed for
stamping of imported spirits having at least 5.5% ABV against regulations:
a) A fine ranging from VND 1.000.000 to VND 2.000.000
shall be imposed for the violation involving goods worth less than VND
5.000.000;
b) A fine ranging from VND 2.000.000 to VND
5.000.000 shall be imposed for the violation involving goods worth from VND
5.000.000 to under VND 10.000.000;
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d) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for the violation involving goods worth from VND
20.000.000 to under VND 30.000.000;
dd) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for the violation involving goods worth from VND
30.000.000 to under VND 40.000.000;
e) A fine ranging from VND 20.000.000 to VND
25.000.000 shall be imposed for the violation involving goods worth from VND
40.000.000 to under VND 50.000.000;
g) A fine ranging from VND 25.000.000 to VND
30.000.000 shall be imposed for the violation involving goods worth from VND
50.000.000 to under VND 60.000.000;
h) A fine ranging from VND 30.000.000 to VND
35.000.000 shall be imposed for the violation involving goods worth from VND
60.000.000 to under VND 70.000.000;
i) A fine ranging from VND 35.000.000 to VND
40.000.000 shall be imposed for the violation involving goods worth from VND
70.000.000 to under VND 80.000.000;
k) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for the violation involving goods worth from VND
80.000.000 to under VND 100.000.000;
l) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for the violation involving goods worth VND
100.000.000 or more.
2. Trading in imported spirits which have at least
5.5% ABV but are not stamped as prescribed shall be penalized according to the
provisions in Article 15 hereof.
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The license for trade in alcoholic beverages shall
be suspended for a fixed period of 01 – 03 months if one of the violations in
Clause 1 of this Article is repeated or re-committed.
Article 28. Violations against
regulations on stamping of domestically sold spirits
1. The following fines shall be imposed for trading
in domestically produced spirits which have at least 5.5% ABV but do not bear
“domestically sold spirits” stamps or are improperly stamped with “domestically
sold spirits” stamps:
a) A warning or a fine ranging from VND 200.000 to
VND 300.000 shall be imposed for the violation involving goods worth less than
VND 1.000.000;
b) A fine ranging from VND 300.000 to VND 500.000
shall be imposed for the violation involving goods worth from VND 1.000.000 to
under VND 2.000.000;
c) A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed for the violation involving goods worth from VND 2.000.000 to
under VND 5.000.000;
d) A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for the violation involving goods worth from VND
5.000.000 to under VND 10.000.000;
dd) A fine ranging from VND 2.000.000 to VND
5.000.000 shall be imposed for the violation involving goods worth from VND
10.000.000 to under VND 20.000.000;
e) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving goods worth from VND
20.000.000 to under VND 30.000.000;
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h) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving goods worth from VND
50.000.000 to under VND 100.000.000;
i) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for the violation involving goods worth VND
100.000.000 or more.
2. A fine that is twice as much as the
corresponding fine prescribed in Clause 1 of this Article shall be imposed upon
a domestic producer of spirits having at least 5.5% ABV for failing to stamp
its/his/her domestically sold products or stamping its/his/her domestically
sold products against regulations.
3. Additional penalty:
The license for trade in alcoholic beverages shall
be suspended for a fixed period of 01 – 03 months if the violation in Clause 2
of this Article is repeated or re-committed.
Article 29. Violations against
regulations on provision of information on effects of alcoholic beverages on
health
1. A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed upon trader in spirits having less than 5.5% ABV for providing
false or inaccurate information on affect of alcoholic beverages on health.
2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed upon trader in spirits having at least 5.5% ABV for
providing false or inaccurate information on affect of alcoholic beverages on
health.
Article 30. Other violations
against regulations on trade in alcoholic beverages
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2. A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed failing to report or submitting false reports on
production or trade in spirits having at least 5.5% ABV to the relevant
licensing authority.
3. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for committing one of the following violations:
a) Using an automatic vending machine to sell
alcoholic beverages;
b) Trading in alcoholic beverages at the premises
where the trade in alcoholic beverages is prohibited;
c) Employing persons under 18 to produce or trade
in alcoholic beverages.
4. Additional penalty:
The exhibits and instrumentalities of the violation
prescribed in Point a or b Clause 3 of this Article shall be confiscated.
5. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from the commission of the violation in Point a or
b Clause 3 of this Article.
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Article 31. Hoarding
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for taking advantage of the scarcity or faking
scarcity to buy in large quantities and stockpile goods worth from VND
50.000.000 to under VND 100.000.000 for re-selling and obtaining illegal profit
in any of the following cases, if not liable to criminal prosecution:
a) Goods are from a price stabilization scheme or
priced by the State in accordance with regulations of the Pricing Law;
b) There are changes in demand and supply or prices
of goods on the market during disaster, conflagration, epidemic, war or another
force majeure event.
2. 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 value of goods is from VND 100.000.000 to under VND 200.000.000.
3. A fine ranging from VND 20.000.000 to VND
50.000.000 shall be imposed for the violation in Clause 1 of this Article if
the value of goods is from VND 200.000.000 to under VND 500.000.000.
4. A fine ranging from VND 50.000.000 to VND
80.000.000 shall be imposed for the violation in Clause 1 of this Article if
the value of goods is from VND 500.000.000 to under VND 1.000.000.000.
5. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for the violation in Clause 1 of this Article if
the value of goods is VND 1.000.000.000 or more.
6. Additional penalties:
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b) The certificate of eligibility to do business,
business license or practicing certificate shall be suspended for a fixed
period of 06 - 12 months if one of the violations prescribed in this Article is
repeated or re-committed;
c) Business operations shall be suspended for a
fixed period of 06 – 12 months if one of the violations prescribed in this
Article is repeated or re-committed.
7. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Article 32. Excessive
accumulation of goods
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for committing one of the following violations in
any of the cases prescribed in Clause 1 Article 31 hereof without legitimate
reasons:
a) Cutting down on number of points of sale;
b) Changing the selling method (from wholesaling to
retailing);
c) Regulating, posting or selling goods in
quantities or to buyers different from the previously regulated, posted or sold
ones;
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2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations in
any of the cases prescribed in Clause 1 Article 31 hereof without legitimate
reasons:
a) Cutting down on the quantity of goods sold on
the market;
b) Deliberately suspending the sale of goods;
c) Failing to open stores or points of sale for
selling goods;
d) Opening stores or points of sale but refusing to
sell goods.
3. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for storing goods in excess of 150% of the average
inventory in the past three months in any of the cases prescribed in Clause 1
Article 31 hereof.
4. Additional penalties:
a) The exhibits of the violation prescribed in
Clause 3 of this Article shall be confiscated;
b) The business license or practicing certificate
shall be suspended for a fixed period of 03 - 06 months if any of the
violations prescribed in this Article is repeated or re-committed.
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Article 33. Violations against
regulations on sales promotion
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 implement, or insufficiently or
improperly implementing regulations on provisions and disclosure of information
on sales promotion when doing a sales promotion;
b) Collecting fees, charges or money from customers
or requesting customers to make any payments when doing a sales promotion by
providing sample goods or services free of charge;
c) Failing to publicly organize the prize-awarding
day for a promotional game of chance or organizing a prize-awarding day without
the customers’ witness or a record made;
d) Failing to notify competent authorities of the
time and place of inserting proofs of prize-winning into the goods before this
insertion is made when doing a sales promotion which requires proofs of
prize-winning issued together with the goods;
dd) Failing to implement or improperly implementing
regulations on announcement of prize winners and sales promotion results;
e) Failing to award prizes within the prescribed
time limit when doing a sales promotion with awarding prizes;
g) Failing to make accurate and timely
certification of participation by customers in a customer loyalty program;
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2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Doing a sales promotion for goods or services by
a trader that is not allowed to do sales promotion for such goods or services;
b) Failing to enter into a sales promotion service
contract when doing a sales promotion for goods or services of another trader
or hiring a trader to do a sales promotion for goods or services;
c) Failing to notify or carry out registration with
competent authorities before doing a sales promotion or carrying out the
notification or registration against regulations;
d) Failing to notify or report the sales promotion
results to competent authorities as prescribed or giving a notification or
report against regulations or that contains inaccurate information;
dd) Failing to perform, improperly performing or
delaying the performance of contents of the sales promotion program which have
been notified or committed with customers or notified or registered with
competent authorities;
e) Performing a sales promotion program in which
total value of promotional goods or services exceeds the prescribed maximum
one;
g) Doing a sales promotion program in the form of
discounts in which the discount rate for the promoted goods or services exceeds
the prescribed maximum one;
h) Doing a sales promotion program by reducing the
prices of goods or services below their minimum prices in case the price
bracket or minimum prices of such goods or services are regulated by the State;
reducing the prices of goods or services whose prices are quoted by the State;
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k) Using proofs of prize-winning in the form that
is same as or similar to the lottery form exclusively issued by the State or
using the lottery results as the basis for determining prize winners or gifting
or awarding prizes in sales promotion programs in the forms prescribed in
Clause 5, Clause 6 and Clause 9 Article 92 of the Commercial Law;
l) Failing to implement or improperly implementing
the regulation on transfer of 50% of the announced prize to state budget in
case the winner in a promotional game of chance is unidentified;
m) Terminating the sales promotion program ahead of
the schedule announced or confirmed by a competent authority, unless otherwise
permitted by law or the adjusted schedule of the sales promotion program is
certified by a competent authority;
n) Terminating the sales promotion program ahead of
the schedule announced or confirmed by a competent authority in cases other
than the ones prescribed by law;
o) Doing sales promotion against the rules of sales
promotion;
p) A trader’s representative office performs a
sales promotion program for that trader or hires another trader to do sales
promotion for that trader in Vietnam.
3. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Doing sales promotion for prohibited goods or
services; restricted goods or services; goods or services the sale or supply of
which is not yet permitted; wine, lottery, tobacco, breast-milk substitutes or
curative medicines for human, including those sold with the permission of the
Ministry of Health (except the sales promotion is done for a tobacco trader),
healthcare services of public health facilities, educational services of public
educational institutions or public vocational training institutions, goods or
services banned from being sold in Vietnam or other goods or services for which
the sales promotion is prohibited as prescribed by law;
b) Using promotional goods or services which are
prohibited goods or services; restricted goods or services; goods or services
the sale or supply of which is not yet permitted; wine, lottery, tobacco, or
curative medicines for human, including those sold with the permission of the
Ministry of Health (except the sales promotion is done for a tobacco trader),
goods or services banned from being sold in Vietnam or other goods or services
for which the sales promotion is prohibited as prescribed by law;
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d) Doing sales promotion involving false or
misleading information about goods or services in order to deceive customers;
dd) Doing sales promotion to sell goods of poor
quality;
e) Doing sales promotion at schools, hospitals,
offices of regulatory authorities, political organizations, socio-political
organizations or armed forces;
g) Contents of contests of a sales promotion
program in the form of selling goods or providing services together with
contest entry forms for selecting the prize winner according to the announced
rules and prize are contrary to historical, cultural or ethic traditions, or
fine traditions and customs of Vietnam;
h) Doing sales promotion in the form of multi-level
marketing in which participants benefit from purchase of goods by their
downline distributors without obtaining the multi-level marketing registration
certificate.
4. A fine that is twice as much as the
corresponding fine prescribed in Clause 1 through 3 of this Article shall be
imposed for the violation involving two provinces or central-affiliated cities
or more.
5. Additional penalty:
The exhibits of the violations prescribed in Point
a, b, c and dd Clause 3 of this Article shall be confiscated, except the case
of application of the remedial measure prescribed in Point a Clause 6 of this
Article.
6. Remedial measures:
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b) The violating entity is compelled to invalidate
the results announced in the prize-awarding day and re-organize the
prize-awarding day if the violation in Point c or d Clause 1 of this Article is
committed;
c) The violating entity is compelled to return any
benefits illegally obtained from the commission of the violation in Point b
Clause 1 or Point l Clause 2 of this Article.
Article 34. Violations against
regulations on display and introduction of goods and services
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Providing information about the displayed or
introduced goods different from that about the goods being or to be sold;
b) Displaying or introducing goods or services of
other traders for comparison purposes, unless the goods displayed or introduced
for comparison are counterfeit goods or intellectual property right-infringing
ones;
c) Displaying or introducing goods which are not
labeled or are labeled against regulations;
d) Displaying or introducing goods which fail to
meet standards/ technical regulations announced or applied; goods which fail to
meet food safety and quality requirements or expired goods.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
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b) A trader’s representative office displays or
introduces goods or services of that trader without that trader’s
authorization.
3. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Displaying or introducing goods or services
included in the list of prohibited goods and services, goods which are not or
not yet permitted to be sold, or services which are not yet permitted to be
provided in Vietnam;
b) Selling goods which are temporarily imported for
display or introduction in Vietnam against the law of Vietnam;
c) Displaying or introducing goods or services, or
using forms or means of displaying or introducing goods or services which
infringe upon the national security, social safety and order, landscape,
environment or human health;
d) Displaying or introducing goods or services, or
using forms or means of displaying or introducing goods or services which are
contrary to historical, cultural or ethic traditions, or fine traditions and
customs of Vietnam;
dd) Displaying or introducing goods or services
which reveal state secrets.
4. Acts of displaying or introducing goods which
are not yet permitted to be imported into Vietnam or which are included in the
list of goods banned from import shall be penalized according to the provisions
in Article 15 hereof.
5. Additional penalty:
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6. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from the commission of the violation in Point b
Clause 3 of this Article.
Article 35. Violations against
regulations on trade fairs and exhibitions
1. A fine ranging from VND 1.000.000 to VND
5.000.000 shall be imposed for providing inaccurate or false information in the
application for registration of organization of a trade fair or exhibition;
2. 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 post the theme and time of the trade
fair or exhibition at the location where the trade fair or exhibition is
organized before the opening of that trade fair or exhibition;
b) Changing or modifying registered contents about
the trade fair or exhibition without carrying out registration of the changed
or modified contents with a competent authority as prescribed or failing to
obtain the competent authority’s certification of the changed or modified
contents;
c) Failing to publish the termination of a trade
fair or exhibition as prescribed.
3. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
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b) Displaying goods or services included in the
list of prohibited goods, goods banned from import, restricted goods, goods
which are not or not yet permitted to be sold, or services which are not yet
permitted to be provided in Vietnam, goods which fail to meet food safety and
quality requirements or expired goods at the trade fair or exhibition;
c) Displaying goods (including those temporarily
imported for display or introduction at the trade fair or exhibition) which are
not labeled or which are labeled against regulations of the Law on labeling of
goods at the trade fair or exhibition;
d) Failing to report in writing or improperly
reporting on the trade fair or exhibition results upon termination of that
trade fair or exhibition.
4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) A foreign trader directly organizes a trade fair
or exhibition in Vietnam;
b) A trader’s representative office directly
organizes or participates in a trade fair or exhibition, or participates in a
trade fair or exhibition on behalf of the trader without that trader's
authorization;
c) Organizing for other traders to participate in
overseas trade fairs or exhibitions without carrying out registration of
provision of trade fair and exhibition services as prescribed
d) Organizing a trade fair or exhibition without
completing registration procedures as prescribed or before obtaining the
competent authority’s written certification of registration of organization of
the trade fair or exhibition;
dd) Carrying out registration of a trade fair or
exhibition but failing to organize that trade fair or exhibition or organizing
a trade fair or exhibition whose contents are different from the certified ones
without carrying out registration of changed or modified contents with a
competent authority or before obtaining the competent authority’s approval for
such changed or modified contents;
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g) Offering or awarding prizes or certificates of
quality or titles to goods or services or to traders, organizations or
individuals participating in a trade fair or exhibition against regulations;
h) Failing to settle complaints about or
denunciations of the trade fair or exhibition, or goods displayed at the trade
fair or exhibition, from customers or other entities;
i) Organizing a trade fair or exhibition abroad in
the name of Vietnam or organizing a trade fair or exhibition in Vietnam in the
name of a province or city without meeting relevant standards.
5. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Organizing or directly bringing goods or
services which are banned from export to a trade fair or exhibition abroad
without the Prime Minister’s approval;
b) Selling or gifting goods which are banned from
export but have been temporarily exported for display at a trade fair or
exhibition abroad without the Prime Minister’s approval;
c) Selling or gifting goods which requires the
export license issued by a competent authority before obtaining the written
approval from the competent authority;
d) Organizing a trade fair or exhibition in Vietnam
at which prohibited or restricted goods/ services, goods/ services which are
provided by foreign traders and included in the list of goods banned from
import, counterfeit goods, or intellectual property right-infringing goods are
displayed or introduced, unless they are displayed or introduced for comparison
with the genuine ones;
dd) Organizing a trade fair or exhibition at which
the quality or titles of goods/ services or the prestige or titles of traders
or other entities participating in the trade fair or exhibition are not
suitable for the name or theme of that trade fair or exhibition;
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6. Additional penalty:
The exhibits of the violations prescribed in Point
a and b Clause 3 of this Article shall be confiscated.
7. Remedial measures:
a) The goods shall be re-exported if the violation
in Point a Clause 4 or Point e Clause 5 of this Article is committed;
b) The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Section 8. VIOLATIONS AGAINST
REGULATIONS ON IMPORT AND EXPORT OF GOODS AND THEIR RELATED SERVICES
Article 36. Violations against
regulations on goods banned from export and those banned from import
1. The following fines shall be imposed for
exporting or importing goods included in the list of goods banned from export
or the list of goods banned from import:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for the violation involving goods worth less than
VND 20.000.000;
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c) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for the violation involving goods worth from VND
50.000.000 to under VND 70.000.000;
d) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for the violation involving goods worth from VND
70.000.000 to under VND 100.000.000;
dd) A fine ranging from VND 70.000.000 to VND
100.000.000 shall be imposed for the violation involving goods worth VND
100.000.000 or more, if not liable to criminal prosecution.
2. Additional penalty:
The exhibits of the violations prescribed in this
Article shall be confiscated, except the case of application of the remedial
measure prescribed in Point a or Point b Clause 3 of this Article.
3. Remedial measures:
a) The exhibits of the violations prescribed in
this Article that cause harm to human health, domestic animals, plants and
environment shall be confiscated, except the case of application of the
remedial measure prescribed in Point b of this Clause;
b) The violating entity is compelled to transport
to out of the territory of the Socialist Republic of Vietnam or re-export the
goods involving in one of the violations in this Article;
c) The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
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1. The following fines shall be imposed for
exporting or importing goods subject to suspended import or export without
obtaining written approval from a competent authority:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving goods worth less than
VND 20.000.000;
b) A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed for the violation involving goods worth from VND
20.000.000 to under VND 50.000.000;
c) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for the violation involving goods worth from VND 50.000.000
to under VND 70.000.000;
d) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for the violation involving goods worth from VND
70.000.000 to under VND 100.000.000;
dd) A fine ranging from VND 70.000.000 to VND
80.000.000 shall be imposed for the violation involving goods worth VND
100.000.000 or more, if not liable to criminal prosecution.
2. Additional penalty:
The exhibits of the violations prescribed in this
Article shall be confiscated, except the case of application of the remedial
measure prescribed in Clause 3 of this Article.
3. Remedial measure:
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Article 38. Violations against
regulations on quotas, export license and import license
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for deliberately erasing, altering or changing
quota, import license or export license.
2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for illegally using quota, import license or export
license.
3. The following fines shall be imposed for failing
to obtain quota, export license or import license when exporting or importing
goods which require quotas, export license or import license:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving goods worth less than
VND 20.000.000;
b) A fine ranging from VND 10.000.000 to VND 20.000.000
shall be imposed for the violation involving goods worth from VND 20.000.000 to
under VND 50.000.000;
c) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving goods worth from VND
50.000.000 to under VND 70.000.000;
d) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for the violation involving goods worth from VND
70.000.000 to under VND 100.000.000;
dd) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for the violation involving goods worth VND
100.000.000 or more, if not liable to criminal prosecution.
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a) The exhibits of the violations prescribed in
Clause 1 and Clause 3 of this Article shall be confiscated;
b) The quota, export license or import license
shall be suspended for a fixed period of 03 – 06 months if the violation in
Clause 2 of this Article is repeated or re-committed.
Article 39. Violations against
regulations on entrusted export and import
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for failing to meet relevant conditions when
offering or receiving entrustment for export or import of goods included in the
list of goods to be temporarily imported or exported under certain conditions.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to obtain the quota or license from a
competent authority when offering or receiving entrustment for export or import
of goods included in the list of goods exported or imported upon quota, export
license or import license.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for offering or receiving entrustment for export or
import of goods included in the list of goods subject to suspended export or
the list of goods subject to suspended import.
4. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for offering or receiving entrustment for export or
import of goods included in the list of goods banned from export or the list of
goods banned from import.
Article 40. Violations against
regulations on temporary import and temporary export
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for deliberately erasing, altering or changing
contents of the license for temporary import or temporary export of goods
included in the list of goods banned from export or import or the list of goods
subject to suspended export or import.
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3. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for failing to meet relevant business conditions
when temporarily importing goods included in the list of goods to be
temporarily imported under certain conditions.
4. A fine ranging from VND 40.000.000 to VND
80.000.000 shall be imposed for failing to obtain license when temporarily
importing or temporarily exporting goods requiring license issued by competent
authorities.
5. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for temporarily importing or temporarily exporting
goods included in the list of goods banned or suspended from temporary import.
6. Additional penalties:
a) The exhibits of the violations prescribed in
this Article shall be confiscated, except the case of application of the
remedial measure prescribed in Clause 7 of this Article;
b) The temporary import or temporary export of
goods shall be suspended for a fixed period of 03 – 06 months if the violation
in Clause 3, 4 or 5 of this Article is committed;
c) The license for temporary import or temporary
export of goods shall be suspended for a fixed period of 03 - 06 months if the
violation prescribed in Clause 2 of this Article is committed.
7. Remedial measures:
a) The goods shall be re-exported via the
checkpoint of importation if the violation in Clause 3 or Clause 4 of this
Article is committed;
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Article 41. Violations against
regulations on merchanting trade
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for deliberately erasing, altering or changing
contents of the license for merchanting trade.
2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for illegally using the license for merchanting
trade.
3. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for conducting merchanting trade of goods of a
wrong type or quantity exceeding the one specified in the license issued by a
competent authority.
4. 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 obtain a license when conducting
merchanting trade of goods requiring license issued by a competent authority;
b) Conducting merchanting trade of goods included
in the list of goods subject to suspended merchanting trade.
5. A fine ranging from VND 50.000.000 to VND
80.000.000 shall be imposed for conducting merchanting trade of goods included
in the list of goods banned from merchanting trade.
6. Additional penalties:
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b) The license for merchanting trade of goods shall
be suspended for a fixed period of 01 – 03 months if the violation in Clause 3
of this Article is repeated or re-committed;
c) The merchanting trade of goods shall be
suspended for a fixed period of 03 – 06 months if one of the violations
prescribed in Clause 4 and Clause 5 of this Article is committed.
7. Remedial measure:
The violating entity is compelled to transport to
out of the territory of the Socialist Republic of Vietnam or re-export the
goods involving in one of the violations prescribed in Clause 4 and Clause 5 of
this Article.
Article 42. Violations against
regulations on transit of goods
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for transiting goods according to the route or via
the checkpoint other than the permitted ones, except the case in Point a Clause
2 of this Article.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Transiting goods requiring license according to
the route or via the checkpoint other than the permitted ones;
b) Storing goods in transit in the territory of
Vietnam for a period exceeding the permitted one.
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4. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for illegally selling or consuming goods and
vehicles in transit in the territory of Vietnam.
5. Additional penalty:
The exhibits of the violation prescribed in Clause
4 of this Article shall be confiscated.
6. Remedial measures:
a) The violating entity is compelled to transport
to out of the territory of the Socialist Republic of Vietnam or re-export the
goods involving in one of the violations prescribed in Clause 1, 2 and 3 of
this Article;
b) The violating entity is compelled to pay an
amount of money equivalent to the value of goods and vehicles illegally sold or
consumed if the violation in Clause 4 of this Article is committed.
Article 43. Violations against
regulations on operation of duty-free shops
1. A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed for selling duty-free goods in excess of the
prescribed allowances.
2. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for selling duty-free goods to ineligible buyers.
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a) A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for the violation involving goods worth less than
VND 5.000.000;
b) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for the violation involving goods worth from VND
5.000.000 to under VND 10.000.000;
c) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving goods worth from VND
10.000.000 to under VND 20.000.000;
d) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for the violation involving goods worth from VND
20.000.000 to under VND 30.000.000;
dd) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving goods worth from VND
30.000.000 to under VND 50.000.000;
e) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for the violation involving goods worth VND
50.000.000 or more.
4. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Trading in goods of illicit goods at the
duty-free shop;
b) Illegally selling goods which are imported for
sale at the duty-free shop on the domestic market.
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6. Additional penalties:
a) The exhibits of the violations prescribed in
Clause 3, 4 and 5 of this Article shall be confiscated;
b) The certificate of eligibility to trade in
duty-free goods shall be suspended for a fixed period of 01 - 03 months if one
of the violations prescribed in Clause 2, 3, 4 and 5 of this Article is
repeated or re-committed.
7. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Article 44. Violations against
regulations on origin of exports and imports
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for erasing or falsifying contents of the
certificate of origin, self-issued certificate of origin or written approval
for self-certification of origin issued by competent authorities.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for providing documents containing inaccuracies to
competent authorities or organizations when applying for issuance or
verification of a certificate of origin.
3. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
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b) Forging certificate of origin or self-issued
certificate of origin, if not liable to criminal prosecution;
c) Providing documents containing inaccuracies to
competent authorities or organizations when applying for an approval for
self-certification of origin or verification of a self-issued certificate of
origin.
4. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for using a fake certificate of origin or
self-issued certificate of origin, if not liable to criminal prosecution.
5. Additional penalty:
The exhibits of the violations prescribed in this
Article shall be confiscated.
6. Remedial measures:
a) The violating entity is compelled to return any
benefits illegally obtained from one of the violations prescribed in this
Article;
b) The violation entity is compelled to correct inaccuracies
contained in the certificate of origin if one of the violations prescribed in
this Article is committed.
Article 45. Violations against
regulations on processing of goods involving foreign elements
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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) Selling leased or borrowed machinery and
equipment, raw materials, auxiliary materials, unused materials, scrap and
waste temporarily imported to serve processing activities and processed
products of foreign traders in Vietnam against regulations;
b) Forging a processing contract with a foreign
trader.
3. A fine ranging from VND 40.000.000 to VND
70.000.000 shall be imposed for failing to obtain approval from a competent
authority when making or receiving orders of processing of goods of foreign
traders, which are exported or imported goods requiring license.
4. A fine ranging from VND 70.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Failing to obtain a written approval from a
competent authority when receiving a foreign trader’s order for processing of
goods which are included in the list of goods banned from export or import or
in the list of goods subject to suspended export or import;
b) Placing an order for overseas processing, for
sale on the domestic market, of goods which are banned from export or import,
or subject to suspended export or import, or against which the emergency
measure that is prohibition of sale of goods is implemented, or which are
recalled or suspended from being sold, or which fail to meet food safety
requirements.
5. Additional penalty:
The exhibits of the violations prescribed in Clause
2, 3 and 4 of this Article shall be confiscated.
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The violating entity is compelled to return any
benefits illegally obtained from the commission of the violation in Point a
Clause 2 or Point a Clause 4 of this Article.
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 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Failing to publish or clearly notify consumers
of the purposes of collection and use of their information;
b) Failing to obtain the consumers’ consent when
using their information for the purposes other than the ones notified to them;
c) Failing to ensure the safety, accuracy and
adequacy of consumers’ information during its collection, use or transfer;
d) Failing to correct, or provide methods to
consumers for updating or correcting, information which is detected inaccurate
as prescribed;
dd) Transferring consumers’ information to a third
party without their consent, unless otherwise prescribed by law.
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Article 47. Violations against
regulations on provision of information on goods or services to consumers
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 against regulations on provision of information on goods or services
to consumers:
a) Failing to warn and advise consumers of possible
risks associated with goods or services to consumers' health, life and property
and preventive measures;
b) Failing to provide information on the
availability of replacement parts and accessories of goods;
c) Failing to provide instructions for use or
failing to provide information on conditions, time, place and procedures for
warranty in case goods or services are sold or provided with warranty;
d) Failing to provide the accurate and full
standard form contract or contract containing general terms and conditions for
consumers before entering into transactions;
dd) Hiding information or providing inadequate,
false or inaccurate information for consumers.
2. 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 against regulations on provision of information on goods
or services to consumers:
a) Providing inadequate or inaccurate information
on goods or services;
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3. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed upon a media owner or telecommunications service
provider that is a third party for committing one of the following violations
against regulations on provision of information on goods or services to
consumers:
a) Failing to adopt technical solutions for
preventing the illegal use of its/his/her means of mass media or services for
harassing consumers;
b) Allowing traders or service providers to use
its/his/her means of mass media or services for harassing consumers.
4. Additional penalty:
The business license or practicing certificate
shall be suspended for a fixed period of 01 - 06 months or operations shall be
suspended for a fixed period of 01 - 06 months if the violation prescribed in
Clause 3 of this Article is repeated or re-committed.
5. Remedial measure:
The violating entity is compelled to correct false
or misleading information if the violation prescribed in Point dd Clause 1 of
this Article is committed.
Article 48. Violations against
regulations on contracts signed with consumers
1. A fine ranging from VND 5.000.000 to VND 10.000.000
shall be imposed for committing one of the following violations:
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b) Failing to provide the entire contract to the
consumer for consideration before it is signed by electronic means.
2. Remedial measure:
The violating entity is compelled to modify signed
contracts if the violation in Point a Clause 1 of this Article is committed.
Article 49. Violations against
regulations on registration of standard form contract and contract containing
general terms and conditions
1. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to comply with competent authorities’
request for cancellation or modification of the standard form contract or
contract containing general terms and conditions which is in contravention of
the law on protection of consumer rights or contrary to general rules for
conclusion of contracts.
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 carry out registration or
re-registration of standard form contract or contract containing general terms
and conditions with competent authorities in charge of protection of consumer
rights;
b) Failing to notify consumers of changes in the
standard form contract or contract containing general terms and conditions;
c) Failing to apply the standard form contract or
contract containing general terms and conditions registered with competent
authorities in charge of protection of consumer rights.
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Article 50. Violations against
regulations on forms of standard form contract and contract containing general
terms and conditions
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for using a standard form contract or contract
containing general terms and conditions in transactions made with consumers,
which commits one of the following violations:
a) The contract uses a text size smaller than the
prescribed one;
b) The language of the contract is not Vietnamese,
unless otherwise agreed by the parties or prescribed by law;
c) The paper background and ink color showing
contents of the standard form contract or contract containing general terms and
conditions are not contrast.
2. Remedial measure:
The violating entity is compelled to modify the
standard form contract or contract containing general terms and conditions in
accordance with regulations if the violation in Clause 1 of this Article is
committed.
Article 51. Violations against
regulations on execution of standard form contract and contract 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:
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b) Failing to provide the copy of contract to the
consumer in case the contract kept by the consumer is lost or otherwise
damaged.
2. 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 the contract containing general
terms and conditions publicly available before entering into transactions with
consumers;
b) Failing to clearly indicate the time of
application of the contract containing general terms and conditions or failing
to post it at a prominent position at the point of transaction so that
consumers can read it.
Article 52. Violations against
regulations on conclusion of conclusion of contracts or contract containing
general terms and conditions with consumers
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed upon a trader or service provider for concluding
contracts containing invalid terms with consumers.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing the violation in Clause 1 of this
Article if it involves a standard form contract or contract containing general
terms and conditions.
3. A fine that is twice as much as the fine imposed
for the violation prescribed in Clause 1 or 2 of this Article shall be imposed
if the violation involves two provinces or central-affiliated cities or more.
4. Remedial measure:
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Article 53. Violations against
regulations on conclusion of distance contracts
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for entering into distance contracts with consumers
in any of the following cases:
a) Failing to sufficiently and clearly provide
information as prescribed;
b) Failing to return money within 30 days from the
date on which the consumer notifies the unilateral termination of the signed
contract or failing to pay interests on late payment to the consumer;
c) Limiting or obstructing the consumer to
unilaterally terminate the signed contract within ten days from the signing
date of contract in case the trader provides inaccurate or inadequate
information;
d) Forcing or requesting a consumer to pay fees for
terminating the signed contract, except payments for goods or services consumed
or used by the consumer.
2. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from the commission of the violation in Point b or Point
d Clause 1 of this Article.
Article 54. Violations against
regulations on provision of uninterrupted services
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a) Failing to sufficiently and clearly provide
information as prescribed;
b) Failing to enter into a written contract or
failing to provide a copy of the contract to the consumer as prescribed;
c) Requesting consumers to make payments before
providing services, unless otherwise agreed between the parties;
d) Failing to give a notice to the consumer at
least 03 days before suspending the provision of service in case of repair,
maintenance or because of other reasons, except force majeure events or
otherwise prescribed by law;
dd) Failing to punctually inspect and handle
service quality-related matters notified by consumers;
e) Unilaterally terminating the signed contract or
suspending provision of service without legitimate reasons;
g) Refusing or obstructing the termination of
service contracts by consumers;
h) Forcing consumers to make payments for unused
services.
2. Remedial measure:
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Article 55. Violations against
regulations on door-to-door sales contracts
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed upon a trader engaging in door-to-door sales for
committing one of the following violations:
a) The door to door salesperson fails to introduce
the trader’s name, contact telephone, address, head office and address of the
entity responsible for the request for contract conclusion;
b) The door-to-door salesperson deliberately
contacts consumers to request them to conclude contracts despite their refusal;
c) Refusing a consumer’s request for cancellation
of contract conclusion in case the consumer has sent a written notification of
such cancelation within 03 business days from the signing date of contract;
d) Forcing a consumer to make payments or fulfill
other obligations under the signed contract within 03 business days from the
signing date of contract, unless otherwise prescribed by law;
dd) Denying responsibility for activities of a
door-to-door salesperson that causes damage to consumers.
e) Failing to provide adequate and accurate
explanation about terms and conditions of the contract and other information on
goods or services to be sold or rendered to the consumer;
g) Failing to enter into a written door-to-door
sales contract and provide a copy of the signed contract to the consumer as
prescribed, unless otherwise agreed between the parties.
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The violating entity is compelled to return any
benefits illegally obtained from the commission of the violation in Point d
Clause 1 of this Article.
Article 56. Violations against
regulations on responsibility for warranty
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon a trader for committing one of the following
violations, if the goods under warranty are worth less than VND 20.000.000:
a) Failing to provide the receipt of warranty claim
in which the time limit for settling the claim is specified to the consumer;
b) Failing to provide the consumer with similar
goods, parts or accessories for temporary use or failing to adopt other methods
accepted by the consumer during the settlement of a warranty claim;
c) Failing to provide the consumer with new and
similar goods, parts or accessories or failing to take back the goods, parts or
accessories and make a 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 faults is unsuccessful;
d) Failing to provide the consumer with new and
similar goods, parts or accessories or failing to take back the goods, parts or
accessories and make a refund to the consumer if the rectification of faults of
goods is still unsuccessful although the goods have been under 03 or more times
of warranty within the prescribed warranty period;
dd) Failing to pay costs of repair and transport of
goods, parts or accessories to the place of warranty and from the place of
warranty to the consumer’s residence;
e) Failing to fulfill, or improperly or partially
fulfilling the responsibility for warranty on goods, parts or accessories as
committed with consumers;
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2. 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 value of goods, parts or accessories is from VND 20.000.000 to under VND
50.000.000.
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 value of goods, parts or accessories 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 value of goods, parts or accessories 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 value of goods, parts or accessories 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 value of goods, parts or accessories 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 value of goods, parts or accessories is VND 2.000.000.000 or more.
Article 57. Violations against
regulations on recall of defective goods
1. A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed upon a producer or importer of defective goods for
committing one of the following violations:
a) Failing to adopt necessary measures for
suspending the supply of defective goods on the market;
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2. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed upon a producer or importer of defective goods for
committing one of the following violations:
a) Failing to make public announcement of defective
goods and recall of such goods;
b) Failing to submit reports on recall of defective
goods to competent authorities in charge of protection of consumer rights.
3. Remedial measure:
The violating entity is compelled to recall
defective goods if committing the violation in Clause 1 of this Article.
Article 58. Violations against
regulations on provision of proof of transaction
1. A warning or a fine ranging from VND 200.000 to
VND 500.000 shall be imposed for one of the following violations involving the
goods or services worth less than VND 2.000.000:
a) Failing to make or provide invoices, vouchers or
other documents related to the sale of goods or supply of services to the
customer or consumer;
b) Failing to allow the customer or consumer to
access, download, store and print invoices, vouchers or other documents in case
of e-transactions.
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3. A fine ranging from VND 1.000.000 to VND
5.000.000 shall be imposed for the violation in Clause 1 of this Article if the
value of goods or services is from VND 10.000.000 to under VND 20.000.000.
4. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation in Clause 1 of this Article if
the value of goods or services is from VND 20.000.000 to under VND 50.000.000.
5. 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 value of goods or services is from VND 50.000.000 to under VND 100.000.000.
6. 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 value of goods or services is from VND 100.000.000 to under VND
200.000.000.
7. 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 value of goods or services is from VND 200.000.000 to under VND
500.000.000.
8. 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 value of goods or services is VND 500.000.000 or more.
Article 59. Harassment of
consumers
A fine ranging from VND 1.000.000 to VND 2.000.000
shall be imposed upon a trader or service provider for committing one of the
following violations:
1. Harassing consumers by means of marketing for
the goods or services against consumers’ expectations twice or more.
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Article 60. Forcing consumers
1. A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed for one of the following acts of forcing consumers:
a) Using violence, threatening to use violence or
performing other acts to cause damage to health, honor, reputation, dignity or
property of consumers to force them into transactions;
b) Taking advantage of consumers’ difficulties or
disasters or epidemics to force consumers into transactions.
2. Additional penalty:
The exhibits and instrumentalities used for
committing the violation in Clause 1 of this Article shall be confiscated.
3. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Article 61. Other violations
in customer/consumer relationships
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a) Failing to make compensation/ refund or exchange
goods or services for customers or consumers due to mistakes;
b) Swapping goods or cheating at delivery of goods
or supply of services to customers or consumers;
c) Failing to make compensation/ refund or exchange
swapped or cheated goods or services for customers or consumers;
d) Deliberately cutting down packages, replacement
parts and accessories, promotional goods, technical documents and instructions
for use when selling goods or supplying services;
dd) Conducting trade promotion or propose
transaction directly with a person who is incapable of civil acts or an
incapacitated person;
Requesting or forcing consumers to pay costs of
goods or services supplied without reaching an agreement with consumers;
g) Taking advantage of consumers’ difficulties or
disasters or epidemics to supply goods or services of poor quality.
2. A fine ranging from VND 1.000.000 to VND
5.000.000 shall be imposed for the violation in Clause 1 of this Article if the
value of goods or services is from VND 5.000.000 to under VND 20.000.000.
3. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation in Clause 1 of this Article if
the value of goods or services is from VND 20.000.000 to under VND 50.000.000.
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5. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for the violation in Clause 1 of this Article if
the value of goods or services is VND 100.000.000 or more.
6. A fine ranging from VND 1.000.000 to VND
5.000.000 shall be imposed for committing one of the following violations:
a) Failing to provide explanation, providing
explanation after the prescribed deadline, or failing to provide information,
documents or evidences at the request of competent authorities in charge of
protection of consumer rights;
b) Refusing to receive the consumer's request for
negotiation or failing to conduct the negotiation within 07 business days from
receipt of the consumer’s request.
7. Additional penalty:
The business license, certificate of eligibility to
do business or practicing certificate shall be suspended for a fixed period of
01 - 03 months or operations shall be suspended for a fixed period of 01 - 03
months if one of the violations prescribed in Clause 4 and 5 of this Article is
repeated or re-committed.
8. Remedial measures:
a) Goods of poor quality shall be recalled if
committing the violation in Point g Clause 1 in any of the cases prescribed in
Clause 1 through 5 of this Article;
b) The violating entity is compelled to return any
benefits illegally obtained from the commission of one of the violations in
Clauses 1, 2, 3, 4 and 5 of this Article.
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Article 62. Violations against
regulations on e-commerce websites or e-commerce applications on mobile
platforms (mobile applications)
1. A fine ranging from VND 1.000.000 to VND
5.000.000 shall be imposed for committing one of the following violations:
a) Failing to provide additional documents for
notification of an online shopping website or a shopping application on a
mobile platform (hereinafter referred to as “mobile shopping application”);
b) Failing to provide additional documents for
registration of an e-commerce service provision website or an e-commerce
service provision application on a mobile platform (hereinafter referred to as
“mobile service application”);
c) Failing to notify changes in information about
the online shopping website or mobile shopping application to competent
authorities;
d) Failing to comply with regulations on forms and
specifications for publishing of information on the e-commerce service
provision website or mobile service application;
dd) Failing to adequately and accurately publish on
the online shopping website or mobile shopping application the information on
the owner of such website or application, goods or services, prices, transport
and delivery, contract containing general terms and conditions, and payment
methods;
e) Failing to carry out transfer procedures or
failing to notify competent authorities when receiving transfer of online
shopping website or mobile shopping app.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for committing one of the following violations:
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b) Publishing information on an e-commerce service
provision website or mobile service application other than the one registered
with competent authorities;
c) Using the notified sign on the online shopping
website or mobile shopping application before obtaining approval or
certification of notification from a competent authority;
d) Failing to provide information on business status
or failing to provide explanation about the e-commerce website or application
at the request of a competent authority to serve the performance of statistics
on e-commerce, inspection and actions against violations against regulations on
e-commerce.
3. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Failing to carry out procedures for notification
of an online shopping website or mobile shopping application to competent
authorities;
b) Failing to notify changes in information about
the e-commerce service provision website or mobile service application to
competent authorities;
c) Committing frauds or providing false information
when notifying an online shopping website or mobile shopping application;
d) Forging information published on the online
shopping website or mobile shopping app.
4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
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b) Failing to carry out transfer procedures or
failing to carry out procedures for re-registration with competent authorities
when receiving transfer of an e-commerce service provision website or mobile
service application;
c) Providing e-commerce services against registered
documents;
d) Committing frauds or providing false information
when carrying out procedures for registration of an e-commerce service
provision website or mobile service application;
dd) Forcing information registered on the
e-commerce service provision website or mobile service application;
e) Using the registered sign on the e-commerce
service provision website or mobile service application before obtaining
certification of registration from a competent authority;
g) Continuing the provision of e-commerce services
after termination or cancellation of registration.
5. Additional penalty:
E-commerce operations shall be suspended for a
fixed period of 06 – 12 months if one of the violations prescribed in Clause 2,
3 and 4 of this Article is repeated or re-committed.
6. Remedial measure:
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Article 63. Violations against
regulations on information and transactions on e-commerce websites or mobile
apps
1. A fine ranging from VND 1.000.000 to VND
5.000.000 shall be imposed for committing one of the following violations:
a) Failing to provide customers with information on
traders, owner of e-commerce website or mobile application, goods, services,
prices, transport, delivery, payment methods, terms and conditions of contract
and contract containing general terms and conditions before they conclude
contracts for using online ordering function on the e-commerce website or
mobile application;
b) Refusing to permit customers to review, add,
modify, or confirm transaction contents before using the online ordering
function on the e-commerce website or mobile application for proposing the
conclusion of contract;
c) Failing to clearly and adequately publish
information on procedures for contract termination when establishing an
e-commerce service provision website or mobile service application or another
online service provision website;
d) Establishing the online ordering function on an
e-commerce website or mobile application but adopting procedures for contract
conclusion which are inconsistent with regulations of law.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for committing one of the following violations:
a) Using a path for providing information that is
opposite to or unconformable with the one published at the zone on the
e-commerce website or mobile application where this path is inserted;
b) Intervening in operating systems and internet
browsers at electronic devices used to access the e-commerce website or mobile
application in order to force customers to save the website or install the
mobile application against their expectations.
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a) Providing false information on traders, owner of
e-commerce website or mobile application, goods, services, prices, transport,
delivery, payment methods, terms and conditions of contract, and contract
containing general terms and conditions on the e-commerce website or mobile
application;
b) Providing information on, trading in or selling
counterfeit goods, intellectual property right-infringing goods or services, or
other goods or services banned from trade on the Internet;
c) Refusing to permit customers to save information
on confirmation of transaction contents after concluding contracts for using
online ordering function on the e-commerce website or mobile application;
d) Developing online payment function on the
e-commerce website or mobile application without adopting mechanisms allowing
customers to review and confirm details of each payment transaction before they
use this function to make payments;
dd) Failing to save data on payment transactions
made via the provided system for the prescribed period;
e) Failing to comply with terms and conditions of
the signed contract for using the online ordering function on the e-commerce
website or mobile application, or unilaterally terminating that contract;
g) Failing to provide information or submit
statistical reports on the provision of payment intermediary services on the
e-commerce website to competent authorities as prescribed.
4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Using paths, logo or other technologies to cause
misunderstanding about the relationship with other traders or entities;
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c) Forcing information of another trader or entity
to perform e-commerce activities;
d) Failing to adopt measures for ensuring safety
and confidentiality of consumers’ payment transactions.
5. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Forging or illegally copying interface of the
e-commerce website or mobile application of another trader or entity for the
purposes of profiteering or causing misunderstanding or weakening the
confidence of that trader or entity’s customers;
b) Stealing, revealing, transferring or selling
information concerning business secrets of other traders or entities or
personal information of consumers in e-commerce without the consent of related
parties.
6. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Cheating customers on an e-commerce website or
mobile application;
b) Taking advantage of e-commerce activities to
illegally raise funds from other traders and entities.
7. Additional penalties:
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b) E-commerce activities shall be suspended for a
fixed period of 06 – 12 months if one of the violations prescribed in Clause 5
and Clause 6 of this Article is committed.
8. Remedial measures:
a) The violating entity is compelled to correct
false or misleading information if the violation prescribed in Point a Clause
3, Point a, b or c Clause 4, or Point a Clause 5 of this Article is committed;
b) 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 if one of the violations prescribed in Clause 5
and Clause 6 of this Article is committed;
c) The violating entity is compelled to return any
benefits illegally obtained from the commission of one of the violations in
Clause 5 and Clause 6 of this Article.
Article 64. Violations against
regulations on provision of e-commerce services
1. A fine ranging from VND 1.000.000 to VND
5.000.000 shall be imposed for committing one of the following violations:
a) Failing to clearly publish the procedures for
receipt of and responsibility to settle customers' complaints and mechanisms
for settling disputes over contracts signed on an online sales promotion website
or mobile service application;
b) Failing to publicly announce mechanisms for
settling disputes arising from transactions conducted on e-commerce trading
floor and online auction website or mobile service application;
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d) Failing to provide customers with information on
place and time of auction, notices of auction of goods, methods for determining
buyers, notices of auction results on the online auction website or
application.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for committing one of the following violations:
a) Adopting procedures for contract conclusion
which are inconsistent with regulations of law when establishing the online
ordering function on the e-commerce service provision website or mobile service
application allowing traders and other entities to conclude contracts;
b) Failing to assist customers in protecting their
lawful rights and benefits when they come into conflicts with sellers over
transactions conducted on the e-commerce service provision website or mobile
service application;
c) Failing to make notification of auction results
and send it to sellers, buyers and related parties as prescribed;
d) Failing to provide sellers with information on
details of the auctions they conducted at their request.
3. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Failing to ensure safety of personal information
of consumers and information relating to business secrets of traders and other
entities conducting transactions on the e-commerce service provision website or
mobile service application;
b) Failing to publish operation rules or publishing
operation rules which are different from the information provided in the
application for registration of the e-commerce service provision website or
mobile service application certified by competent authorities;
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d) Failing to have mechanisms for inspection to
ensure the provision of accurate and adequate information of sellers on the
e-commerce website or mobile application;
dd) Establishing the e-commerce service provision
website or mobile service application or another online service provision
website without providing online tools to customers for sending request for
contract termination when they do no longer want to use services;
e) Unilaterally terminating contracts or suspending
provision of services on the e-commerce service provision website or mobile
service application or another online service provision website without
adopting mechanisms for notifying that termination or suspension to service
users or without plausible reasons.
4. 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 request traders and other entities
that are sellers on the e-commerce service provision website or mobile service
application to provide information as prescribed;
b) Failing to store registration information of
traders and other entities participating in the e-commerce service provision
website or mobile service application;
c) Establishing an online auction website or mobile
service application without providing sellers with tools for publicly,
adequately and accurately notifying and posting necessary information
concerning goods put at auction, including images of goods and accompanied
documents;
d) Establishing the online auction website or
mobile service application whose technical systems serving the online auction
fail to comply with regulations of law;
dd) Failing to adopt measures for preventing and
removing information on the sale of goods or services which are included in the
list of prohibited goods and services and restricted goods from the e-commerce
website or mobile application.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to adopt measures for timely settlement
of detected or reported acts of violations committed on the e-commerce service
provision website or mobile service application;
b) Failing to provide information and assistance to
competent authorities in investigating into illegal trading activities on the
e-commerce service provision website or mobile service application;
c) Deliberately changing, removing, cancelling,
copying, revealing or illegally moving information on customers’ payments on
the e-commerce service provision website or mobile service application, or
letting such information to be appropriated and thus causing damage to
customers.
6. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for organizing the business or marketing network
for e-commerce services in which each participant is required to make payments
for purchasing services and receiving commission, bonus or other economic
benefits from mobilization of others to participate in the network.
7. Additional penalties:
a) The exhibits and instrumentalities used for
committing the violation prescribed in Clause 6 of this Article shall be
confiscated;
b) E-commerce activities shall be suspended for a
fixed period of 06 – 12 months if the violation prescribed in Clause 6 of this
Article is committed.
8. Remedial measures:
a) 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 if the violation prescribed in Clause
6 of this Article is committed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 65. Violations against
regulations on protection of personal information in e-commerce
1. A fine ranging from VND 1.000.000 to VND
5.000.000 shall be imposed for committing one of the following violations:
a) Formulating a personal information protection
policy against regulations;
b) Failing to publish the personal information
protection policy at a prominent position on the e-commerce website.
2. 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 clearly provide consumers with the
personal information protection policy before or when collecting information;
b) Failing to check, update, correct or remove
personal information at the request of the information owner;
c) Failing to provide mechanisms for information
owners to clearly express their consent when collecting information via online
functions on website, email, message or other methods as agreed upon by the
parties;
d) Failing to provide mechanisms for information
owners to decide to allow or refuse to allow the use of their personal
information in the following cases: sharing, revealing or transferring
information to a third party or using personal information for advertising or
introduction of products and other commercial information.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to establish mechanisms for receiving
and settling consumers’ complaints about the use of their personal information
for wrong purposes or beyond the notified scope;
b) Failing to formulate, promulgate or implement
policies for ensuring safety and security of collection and use of consumers’
personal information;
c) Failing to publish policies for protection of
consumers’ payment information on the website having online payment function.
4. A fine ranging from VND 20.000.000 to VND 30.000.000
shall be imposed for committing one of the following violations:
a) Collecting consumers’ personal information
without the prior consent of the information owner;
b) Establishing mechanisms for compelling by
default consumers to give consent for the sharing, revelation or use of their
personal information for advertising and other commercial purposes;
c) Using consumers’ personal information against
the notified purposes and scope.
5. Additional penalty:
E-commerce operations shall be suspended for a
fixed period of 06 – 12 months if one of the violations prescribed in Clause 4
of this Article is repeated or re-committed.
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The violating entity is compelled to return any
benefits illegally obtained from the commission of one of the violations in
Clause 4 of this Article.
Article 66. Violations against
regulations on rating, supervision and certification in e-commerce
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 publish procedures and criteria for
rating, supervision and certification on the e-commerce website or mobile
application;
b) Failing to provide additional documents for
registration of provision of rating, supervision and certification services on
e-commerce websites or mobile applications;
c) Failing to update and publish the list of
e-commerce websites or mobile applications which have been rated, supervised
and certified as prescribed.
2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Failing to comply with the published procedures
and criteria for rating, supervision and certification;
b) Failing to supervise operations of the rated,
supervised and certified e-commerce websites or mobile applications.
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a) Providing rating, supervision and certification
services in e-commerce against the registration dossier or the license issued;
b) Failing to comply with regulations on statistics
and reporting.
4. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Providing rating, supervision and certification
services in e-commerce before obtaining certification of registration dossier
or license as prescribed;
b) Cheating or forcing information when registering
or applying for license for provision of rating, supervision and certification
services in e-commerce;
c) Failing to cooperate with competent authorities
in conducting inspection and handling e-commerce websites or mobile
applications which bear rating symbols but denote signs of violation;
d) Failing to cooperate with competent authorities
in conducting inspection and taking actions against traders or organizations
that have personal information protection policies certified but denote signs
of violation;
dd) Failing to provide documents and assistance to
competent authorities in investigating into violations involving stored and
certified electronic documents.
5. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
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b) Continuing operations after termination of
operations, deregistration or revocation of license for provision of rating,
supervision and certification services in e-commerce.
6. Additional penalties:
a) The license for provision of rating and
certification of personal information protection policies, license for
certification of electronic contracts in e-commerce shall be suspended for a
fixed period of 06 – 12 months if the violation in Point b Clause 4 or Point a
Clause 5 of this Article is committed;
b) The provision of rating service of e-commerce
websites or mobile applications shall be suspended for a fixed period of 06 –
12 months if the violation in Point a or b Clause 4 or Point a Clause 5 of this
Article is committed.
7. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from the commission of one of the violations in
Clause 5 of this Article.
Section 11. VIOLATIONS AGAINST
REGULATIONS ON ESTABLISHMENT AND COMMERCIAL ACTIVITIES OF FOREIGN TRADERS AND
FOREIGNERS IN VIETNAM
Article 67. Violations against
regulations on establishment and operation of representative offices of foreign
traders in Vietnam (hereinafter referred to as “representative offices”)
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for committing one of the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failing to openly post the shutdown of a
representative office as prescribed.
2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Failing to have premises for locating the
representative office or sub-leasing the premises of the representative office
or operating at a location other than the one specified in the license for
establishment of representative office;
b) Failing to submit periodical reports or
submitting false reports on operation of the representative office to the
competent licensing authority;
c) Failing to submit reports or provide documents
or explanations about issues concerning operation of the representative office
at the request of competent authorities;
d) Failing to carry out procedures for modification
or re-issuance of the license for establishment of representative office in
cases prescribed by law;
dd) Making interlineations, erasure or alteration
of contents of the issued license for establishment of representative office.
3. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Forcing documents included in the application
for issuance, re-issuance, modification or renewal of the license for
establishment of representative office, if not liable to criminal prosecution;
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c) The head of the representative office of a
foreign trader is also the head of a branch of that trader or of another
foreign trader in Vietnam;
d) The head of the representative office of a
foreign trader is also the legal representative of that trader;
dd) The head of the representative office is also
the legal representative of an economic organization established under the law
of Vietnam;
e) Hiring, borrowing or leasing, lending the
license for establishment of representative office.
4. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Continuing operation after the foreign trader
has completed procedures for termination of operation;
b) Continuing operation after the license for
establishment of representative office has been revoked by competent
authorities or the expired license is not granted renewal.
5. Additional penalties:
a) The exhibits of the violation prescribed in
Point dd Clause 2 of this Article shall be confiscated;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from the commission of the violation in Point e
Clause 3 of this Article.
Article 68. Violations against
regulations on establishment and operation of representative offices of foreign
trade promotion organizations in Vietnam (hereinafter referred to as
“representative offices”)
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Providing false or inaccurate information in the
application for issuance, modification, re-issuance or renewal of the license
for establishment of representative office;
b) Failing to make public notification of operation
of the representative office in Vietnam after the issuance, re-issuance,
modification or renewal of the license for establishment of representative
office;
c) Failing to carry out procedures for modification
of the license for establishment of representative office within the prescribed
time limit upon occurrence of one of the following changes: change of the head
of the representative office, relocation, change of name or operation of the
licensed representative office, relocation of head office of the foreign trade
promotion organization, change of name or place of registration of the foreign
trade promotion organization from one country to another or changes in
operation of the foreign trade promotion organization;
d) Making interlineations, erasure or alteration of
contents of the issued license for establishment of representative office;
dd) Locating the representative office at a place
other than the one specified in the license for establishment of representative
office;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. 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 submit reports, submitting reports
after the prescribed deadline, or failing to provide documents or explanations
about issues concerning operation of the representative office at the request
of competent authorities;
b) Operating against the license for establishment
of representative office;
c) The head of the representative office is also
the head of a representative office of another foreign trader or organization
in Vietnam;
d) Continuing operation after the license for
establishment of representative office has been revoked by the licensing
authority or the license is not granted renewal upon the end of operation
duration specified in the license;
dd) Continuing operation after the foreign trade
promotion organization has completed procedures for termination of operation.
3. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Establishing a representative office affiliated
to the representative office of a trade promotion organization in Vietnam;
b) Performing trade promotion activities in Vietnam
without establishing a representative office in Vietnam as prescribed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Directly performing activities for obtaining
profit in Vietnam.
4. Additional penalty:
The exhibits of the violation prescribed in Point d
Clause 1 of this Article shall be confiscated.
5. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from the commission of the violation in Point e
Clause 1 or Point d Clause 3 of this Article.
Article 69. Violations against
regulations on establishment and commercial activities of branches of foreign
traders in Vietnam (hereinafter referred to as “branches”)
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for providing false information in the application
for issuance, re-issuance, modification or renewal of the license for branch
establishment.
2. 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 have the branch’s premises or
sub-leasing the branch’s premises or operating at a location other than the one
specified in the license for branch establishment;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to submit reports or provide documents
or explanations about issues concerning the branch’s operation at the request
of competent authorities;
d) Failing to carry out procedures for modification
or re-issuance of the license for branch establishment in cases prescribed by
law;
dd) Making interlineations, erasure or alteration
of contents of the issued license for branch establishment.
3. A fine ranging from VND 30.000.000 to VND 40.000.000
shall be imposed for committing one of the following violations:
a) Forcing documents included in the application
for issuance, re-issuance, modification or renewal of the license for branch
establishment, if not liable to criminal prosecution;
b) Operating against the license for branch
establishment;
c) The head of the branch of a foreign trade is
also the head of a representative office of that trader or of another foreign
trader in Vietnam;
d) The branch’s head is also the legal
representative of an economic organization established under the law of
Vietnam;
dd) Hiring, borrowing or leasing, lending the
license for branch establishment.
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a) Continuing operation after the foreign trader
has completed procedures for termination of operation;
b) Continuing operation after the license for
branch establishment has been revoked by competent authorities or the expired
license is not granted renewal.
5. Additional penalties:
a) The exhibits of the violation prescribed in
Point dd Clause 2 of this Article shall be confiscated;
b) The license for branch establishment shall be
suspended for a fixed period of 01 – 03 months in case of commission of the
violation in Point b, c, d or dd Clause 3 of this Article.
6. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from the commission of one of the violations in
Point dd Clause 3 and Clause 4 of this Article.
Article 70. Violations against
regulations on purchase and sale of goods and activities directly related to
the purchase and sale of goods of foreign-invested enterprises in Vietnam
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
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b) Failing to report the loss of business license
or license for establishment of retail outlet to competent authorities;
c) Failing to submit reports or provide documents
or explanations about issues concerning the enterprise’s operation at the
request of competent authorities.
2. 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 carry out procedures for modification
of the business license or license for establishment of retail outlet upon
occurrence of any changes in its contents;
b) Failing to carry out procedures for re-issuance
of the business license or license for establishment of retail outlet in case
it is lost, torn, damaged, burned or otherwise destroyed.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Organizing a system for purchase of goods in
Vietnam for export inconsistently with the Law of Vietnam or an international
treaty to which the Socialist Republic of Vietnam is a signatory;
b) Organizing or participating in a distribution
system in Vietnam inconsistently with the Law of Vietnam or an international
treaty to which the Socialist Republic of Vietnam is a signatory;
c) Trading in goods or services against Vietnam’s
market opening commitments or the Law of Vietnam;
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dd) Illegally establishing a retail outlet in
Vietnam.
4. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for continuing operations after the business
license or license for establishment of retail outlet has been revoked by a
competent authority or has been expired without renewal granted.
5. Additional penalty:
The business license or license for establishment
of retail outlet shall be suspended for a fixed period of 01 - 03 months or
business operations shall be suspended for a fixed period of 01 - 03 months if
one of the violations prescribed in Clause 3 of this Article is committed.
6. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from the commission of one of the violations in
Clause 3 and Clause 4 of this Article.
Article 71. Violations against
regulations on exercise of import/export rights by foreign traders without
presence in Vietnam
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Providing false information in the application
for issuance, re-issuance, modification or renewal of the certificate of
registration for export/import right;
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c) Failing to carry out procedures for
modification, re-issuance or renewal of the certificate of registration for
export/import right;
d) Failing to implement or improperly implementing
regulations on publishing of the certificate of registration for export/import
right on means of mass media of Vietnam after it has been issued, modified or
renewed.
2. 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 submit annual or ad hoc reports to
competent authorities on the trader’s import/export or submitting reports that
contain inadequate or inaccurate information or failing to submit reports by
the prescribed deadline;
b) Failing to send notification of operation
termination to the issuing authority of the certificate of registration for
export/import right or failing to send it within the prescribed time limit;
c) Failing to publish the planned termination of
operation on means of mass media of Vietnam or making such publishing against
regulations.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Forging documents included in the application
for issuance, re-issuance, modification or renewal of the certificate of
registration for export/import right, if not liable to criminal prosecution;
b) Purchasing goods for export or selling imported
goods with Vietnamese traders without carrying out business registration of
such goods;
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d) Importing goods other than the ones to be
imported as specified in the issued, modified or renewed certificate of
registration for export/import right.
4. A fine ranging from VND 40.000.000 to VND 50.000.000
shall be imposed for exporting or importing goods when the certificate of
registration for export/import right has been revoked by a competent authority
or has been expired without renewal granted.
5. Additional penalty:
The exhibits of the violation prescribed in Point d
Clause 3 or Clause 4 of this Article shall be confiscated, except the case of
application of the remedial measure prescribed in Clause 6 of this Article.
6. Remedial measure:
The violating entity is compelled to transport to
out of the territory of the Socialist Republic of Vietnam via the checkpoint of
importation or re-export the exhibits in case the violation in Point d
Clause 3 or Clause 4 of this Article is committed.
Article 72. Violations against
regulations on commercial activities of foreigners in the territory of Vietnam
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for illegally consuming, within the territory of
Vietnam, duty-free consumer goods imported under the prescribed standards.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed upon foreigners for illegally performing commercial
activities in the territory of Vietnam.
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a) Illegally performing organized commercial
activities in the territory of Vietnam;
b) Illegally selling, in the territory of Vietnam,
duty-free means of transport, communications machinery, office stationery or
interior equipment imported under the prescribed standards;
c) Illegally selling, in the territory of Vietnam,
means of transport temporarily imported into Vietnam.
4. Additional penalty:
The exhibits and instrumentalities of
administrative violations prescribed in this Article shall be confiscated.
5. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Section 12. OTHER VIOLATIONS IN
COMMERCIAL SECTOR
Article 73. Violations against
regulations on multi-level marketing (MLM)
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Carrying out marketing, sale and recruitment of
downline distributors before obtaining a membership card;
b) Failing to present the membership card before
introducing or selling products.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon a participant in the MLM for committing one of
the following violations:
a) Failing to comply with terms and conditions of
the signed MLM contract and the MLM company’s business rules;
b) Participating in the 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 10.000.000 to VND
20.000.000 shall be imposed upon a participant in the MLM for committing one of
the following violations:
a) Requesting a prospective participant to deposit
or pay a certain amount of money or purchase a certain quantity of goods in any
way to be eligible to enter into a MLM contract;
b) Providing false or misleading information about
the compensation plan, business rules, benefits of a participant, features or
uses of products, or operations of the MLM company;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) 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;
dd) 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 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Participating in the MLM network of an entity
that is not yet granted the MLM registration certificate;
b) Organizing conferences, meetings, training
courses in or introduction of the MLM network before obtaining the MLM
registration certificate.
5. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for operating the MLM network without obtaining the
MLM registration certificate if obtaining illegal profit less than VND
200.000.000 or causing damage estimated at less than VND 500.000.000 to others,
except the case prescribed in Point h Clause 9 of this Article.
6. A fine ranging from VND 30.000.000 to VND
40.000.000 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;
b) Failing to carry out or improperly carrying out
procedures for notification of changes in the list of products sold through the
MLM network as prescribed by law;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Signing MLM contracts with individuals who fail
to fulfill eligibility requirements for participants in the MLM 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 is penalized for committing prohibited acts in the MLM
sector;
g) Failing to implement or improperly implementing
the regulation that the MLM company must make and publish the list of trainers
on its website, submit the one to the Ministry of Industry and Trade, and keep
relevant documents;
h) Failing to implement or improperly implementing
the regulation that the MLM company must 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;
i) Failing to implement or improperly implementing
regulations on publishing of documents concerning the MLM company’s operation
and products at its head office, branches, representative offices and business
locations;
k) Failing to set up and announce the prices of
products sold through the MLM model or failing to sell products 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;
m) Failing to implement or improperly implementing
regulations on registration of modification of or supplements to registered MLM
activities carried out in a province with the Provincial Department of Industry
and Trade in cases prescribed by law;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
o) Failing to carry out procedures for modification
of the written deposit confirmation with the bank upon occurrence of changes in
confirmed deposit contents;
p) Failing to comply with the prescribed time limit
for completing procedures for renewal of a MLM registration certificate;
q) Failing to promptly report the failure of the
information technology system used for managing participants in the MLM network
to the authority issuing the MLM registration certificate;
r) Failing to implement or improperly implementing
regulations on retention and submission of documents concerning the 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.
7. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed upon a 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;
b) Failing to maintain an authorized representative
in a province where no head office, branch or representative office of the MLM
company is located;
c) Failing to notify or improperly notifying the
Provincial Department of Industry and Trade of a conference, meeting or
training program in MLM with the attendance of 30 persons, or more, or with the
attendance of 10 participants in the MLM network or more in a province where
the registration of MLM activities has been certified as
regulated;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Paying a sum of commissions, bonuses and other
economic benefits, including benefits from sales promotion programs, to
participants during a year in excess of 40% of sales from the MLM activities of
the MLM company in the same year;
e) Failing to make payment of commissions, bonuses,
promotional amounts and other pecuniary economic benefits 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;
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 the MLM network or collecting fees when
providing such training programs;
k) Failing to issue or issuing membership cards to
participants in the MLM network against regulations or collecting fees when
issuing membership cards;
l) Appointing unqualified trainers to provide basic
training programs for participants in the company’s MLM network;
m) Failing to strictly comply with the registered
business rules or compensation plan;
n) Failing to issue invoice for each supply of
products to participants in the MLM network or clients who buy products
directly from the MLM company;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
p) Failing to operate or regularly update the MLM
company’s website in Vietnamese version in order to publish information
concerning the company’s profiles and MLM status as prescribed;
q) Failing to operate a communications system to
receive and settle complaints and queries of MLM participants, including
telephone, email and contact address;
r) Failing to provide the right to access the MLM
company’s information technology system for managing participants at the
written request of MLM authorities;
s) Failing to delivery or delivering products
against regulations.
8. 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) Maintaining more than a 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;
c) Providing commercial intermediary services as
regulated in the Law on commerce with the aims of maintaining, expanding and
developing its own MLM network;
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 law or says that the MLM
company must not fulfill obligations towards the participant as prescribed by
law;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 80.000.000 to VND
100.000.000 shall be imposed upon a MLM company for committing one of the
following violations:
a) Requesting a prospective participant to deposit
or pay a certain amount of money in any way to be eligible to enter into a MLM
contract;
b) Requesting a prospective participant to buy a
certain quantity of products in any way to be eligible to enter into a
multi-level marketing contract;
c) Paying money or other economic benefits to a
participant in compensation for his/her recruitment of new distributors without
consideration of his/her sale of products to recruited distributors;
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 the MLM
network;
e) Providing false or misleading information about
features or uses of products or operations of the MLM company through speakers
or trainers at conferences, meetings, training courses or training materials of
the MLM company;
g) Failing to repurchase products or repurchasing
products against regulations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i) Using the MLM strategy to trade or sell subjects
other than the permitted ones.
10. A fine that is twice as much as the
corresponding fine prescribed in Clause 5, 8 and 9 of this Article shall be
imposed if the violation involves two provinces or central-affiliated cities or
more.
11. Remedial measures:
a) The violating entity is compelled to return any
benefits illegally obtained from the commission of one of the violations in
Point a Clause 3, Clause 5, Point h, i and k Clause 7, Point e Clause 8 and
Point a, b, d, h and i Clause 9 of this Article;
b) The violating entity is compelled to correct
false or misleading information if the violation prescribed in Point b Clause
3, Point dd or e Clause 9 of this Article is committed.
Article 74. Violations against
regulations on provision of commercial assessment services
1. A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed for authorizing or re-authorizing the provision of assessment
services without signing contracts.
2. A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for providing assessment services in sectors other
than the ones registered and specified in the business registration certificate
or other documents issued or certified as prescribed.
3. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for committing one of the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Appointing unqualified assessors to provide
commercial assessment services.
4. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for committing one of the following violations:
a) Issuing assessment certificates bearing the
professional seal which is not yet registered with competent authorities as prescribed;
b) Changing or using an additional professional
seal without carrying out re-registration with competent authorities;
c) Failing to return the professional seal to
competent authorities in case of deregistration of professional seal;
d) Providing commercial assessment services in case
the assessment involves rights and benefits of the enterprise providing
commercial assessment services and of its assessors.
5. Additional penalties:
a) The exhibits of the violations prescribed in
Clause 4 of this Article shall be confiscated;
b) Operations shall be suspended for a fixed period
of 01 – 03 months if one of the violations prescribed in Clause 2, Clause 3 and
Point a, b and d Clause 4 of this Article is repeated or re-committed.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Article 75. Violations against
regulations on provision of commercial franchise
1. A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed for failing to enter into a franchise agreement when
carrying out commercial franchise.
2. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for committing one of the following violations:
a) Providing false or inaccurate information in the
application for registration of commercial franchise;
b) Entering into a franchise agreement whose
language and primary contents are not conformable with regulations of law;
c) Failing to provide accurate and adequate
required contents in the introduction to commercial franchise;
d) Failing to provide information about the
commercial franchise as prescribed or providing inadequate or inaccurate
information;
dd) Failing to submit reports and provide documents
or submitting reports containing inaccurate or inadequate information about
issues concerning the commercial franchise at the request of competent
authorities.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to carry out registration of commercial
franchise as prescribed;
b) Failing to fulfill eligibility requirements for
carrying out commercial franchise as prescribed;
c) Failing to notify competent authorities of
changes in commercial franchise as prescribed.
4. A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Failing to meet conditions or failing to obtain
a license when carrying out commercial franchise for goods against which the
emergency measure that is conditional sale of goods is implemented or which
require a license;
b) Continuing to carry out commercial franchise
when the franchise agreement has expired.
5. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for carrying out the commercial franchise for goods
or services which are prohibited or against which the emergency measure that is
prohibition or suspension of sale of goods or supply of services is
implemented.
6. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed for making or receiving orders for processing of goods without
entering into processing contracts as prescribed.
2. A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed for making or receiving orders for processing of
prohibited goods or domestically sold goods against which the emergency measure
that is prohibition or suspension of sale of goods is implemented.
3. Additional penalty:
The exhibits of the violation prescribed in Clause
2 of this Article shall be confiscated.
4. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from the commission of the violation in Clause 1 or
Clause 2 of this Article.
Article 77. Violations against
regulations on trading in goods via mercantile exchange
1. A fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed upon employees of the mercantile exchange for
carrying out brokerage for trading in goods via the mercantile exchange.
2. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for committing one of the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Trading in goods via the mercantile exchange by
an entity that is not the trading member of the mercantile exchange.
3. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon an employee of the mercantile exchange for
committing one of the following violations:
a) Failing to record the trading in goods via the
mercantile exchange of each client separately from his/her trading;
b) Failing to keep contracts or orders for
entrusted transactions and requests for modification or cancellation or orders
for entrusted transactions of clients;
c) Failing to keep adequate documents and accounts reflecting
accurate details about transactions of clients and about his/her transactions;
d) Failing to notify clients of reasons for
termination of his/her membership and performance of obligations under the
signed entrustment contracts;
dd) Failing to notify or notifying transactions to
clients against regulations;
e) Failing to enter into written entrustment
contracts with clients as prescribed by law or conducting transactions for
clients without receiving their orders;
g) Acting as a broker without entering into
contracts with clients as prescribed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed upon an employee of the mercantile exchange for
committing one of the following violations:
a) Luring clients to sign contracts by promising to
compensate for the entire or partial damage or ensure a portion of their
profits;
b) Using fake prices and other fraudulent methods
when providing brokerage to clients;
c) Providing brokerage for trading in goods via the
mercantile exchange by an entity that is not the trading member or brokerage
member of the mercantile exchange.
5. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed upon an employee of the mercantile exchange for
committing one of the following violations:
a) Failing to provide or improperly providing
margins for transactions as prescribed;
b) Failing to comply with regulations on total
maximum limit on transactions or transaction limit;
c) Luring clients to sign contracts by promising to
compensate for the entire or partial damage or ensure a portion of their
profits.
6. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed upon the mercantile exchange for committing one of
the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Refusing to approve membership of the mercantile
exchange without giving written notification or reasons of such refusal.
7. A fine ranging from VND 10.000.000 to VND
30.000.000 shall be imposed upon the mercantile exchange for committing one of
the following violations:
a) Failing to announce specific transaction hours
as prescribed;
b) Failing to publish the operation charter and
license for establishment of the mercantile exchange approved, issued or
modified by competent authorities;
c) Failing to carry out procedures for re-issuance
of the license for establishment of the mercantile exchange in case it is lost,
torn, burned or otherwise destroyed;
d) Failing to carry out procedures for modification
of the license for establishment of the mercantile exchange upon occurrence of
changes in its contents;
dd) Failing to publish or delaying the publishing
of cases of suspension of transactions as prescribed;
e) Failing to publish or inadequately or
inaccurately publishing the list of and information about members of the
mercantile exchange; information on transactions and orders for trading in
goods via the mercantile exchange and other information as prescribed in its
operation charter;
g) Failing to submit or inaccurately or
inadequately submitting periodical and ad hoc reports, at the request of
competent authorities, on information concerning trading in goods via the
mercantile exchange and its members at the reporting time;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed upon the mercantile exchange for committing one of
the following violations:
a) Using forged documents in the application for
issuance, modification or re-issuance of the license for establishment of the
mercantile exchange;
b) Approving membership of a trader that fails to
meet eligibility requirements;
c) Failing to provide or improperly providing
margins for transactions as prescribed;
d) Failing to establish systems for internal
control, risk management and supervision and prevention of interest conflicts
inside the mercantile exchange and in transactions with concerned parties in a
necessary manner;
dd) Allowing a person who membership has been
terminated to carry out trading in goods via the mercantile exchange;
e) Failing to give notification to competent
authorities when organizing transactions in goods which are not prohibited
goods, restricted goods or conditionally sold goods;
g) Failing to comply with regulations on total
maximum limit on transactions or transaction limit;
h) Failing to comply with trading methods or order
matching rules or regulations on publishing of transaction-related information;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
9. Remedial measure:
The violating entity is compelled to return any
benefits illegally obtained from one of the violations in this Article.
Article 78. Violations against
regulations on market management, supermarket and shopping mall business
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) Naming a business entity as a supermarket or
shopping mall or other words of equivalent meaning in a foreign language
without meeting standards as prescribed;
b) Maintaining internal regulations on operation of
supermarket, shopping mall or market internal regulations that do not contain
adequate required information or are not approved by competent authorities;
c) Failing to publicly post the market internal regulations
or operation internal regulations at the supermarket or shopping mall as
prescribed;
d) Failing to implement or improperly implementing
competent authorities’ regulations on provision and dissemination of economic
information, policies and laws;
dd) Failing to submit periodical reports or ad hoc
reports on operation of the market, supermarket or shopping mall at the request
of competent authorities.
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a) Failing to hang the supermarket or shopping mall
signboard as prescribed;
b) Hanging a supermarket or shopping mall signboard
whose contents and form are inconsistent with regulations;
c) Doing supermarket or shopping mall business
without obtaining the certificate of business registration for commercial
activities as prescribed;
d) Selling, in the supermarket or shopping mall,
goods whose packages do not display their names and the name of that
supermarket or shopping mall;
dd) Selling, in the supermarket or shopping mall,
goods which are sold with warranty but whose packages do not indicate
information on warranty period and location as prescribed;
e) Failing to enter into contracts with traders for
leasing and use of premises and other services at the market.
3. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for selling, in the market, supermarket or shopping
mall, goods containing radioactive substances or devices generating ionizing
radiation in excess of permissible limits, explosives, flammable, explosive,
ignitable liquids or gases, veterinary drugs, pesticides, goods containing
toxic substances included in the list of restricted goods and toxic chemicals
included in the list of goods which are conditionally sold and are prohibited
from being traded in markets, supermarkets and shopping malls.
4. Additional penalty:
All operations shall be suspended for a fixed
period of 01- 03 months in case of commission of the violation in Clause 3 of
this Article.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for deliberately removing or breaking the seals of
exhibits and instrumentalities which are being kept under seal or temporary
seizure, or deliberately making changes in scenes of administrative violations.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for changing or swapping exhibits and instrumentalities
which are being inspected, sealed or temporarily seized.
3. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for illegally storing or keeping exhibits and
instrumentalities which are being inspected, sealed or temporarily seized.
4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for selling, hiding or destroying exhibits and
instrumentalities which are being inspected, sealed or temporarily seized.
5. Remedial measure:
The violating entity is compelled to return the
hided exhibits and instrumentalities or make an amount of money equivalent to
the value of the exhibits and instrumentalities sold, hided or destroyed in the
violation prescribed in Clause 3 or Clause 4 of this Article.
Chapter III
POWER TO RECORD ADMINISTRATIVE
VIOLATIONS AND IMPOSE PENALTIES
Article 80. Power to record
administrative violations
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2. On-duty persons of people’s army or people’s
security forces, and on-duty officials and public employees working at the
agencies prescribed in Articles 81 through 87 hereof.
3. Pilots in command, shipmasters and train masters
shall have the power to record the administrative violations detected on
aircrafts, ships or trains.
Article 81. Power to impose
penalties of Chairpersons of People’s Committees at all levels
1. Chairpersons of communal-level People’s Committees
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 5.000.000 upon an
individual and up to VND 10.000.000 upon an organization;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth
less than the fine specified in Point b of this Clause;
d) Impose the remedial measure specified in Point b
Clause 3 Article 4 hereof.
2. Chairpersons of district-level People’s
Committees shall have the power to:
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b) Impose a fine up to VND 50.000.000 upon an
individual and up to VND 100.000.000 upon an organization;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth
less than the fine specified in Point b of this Clause;
dd) Impose the remedial measures specified in
Points b, c, dd, e, g, h, i and k Clause 3 Article 4 hereof.
3. Chairpersons of provincial-level People’s
Committees shall have the power to:
a) Issue warning;
b) Impose a fine up to the maximum fine prescribed
herein;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 82. Power to impose
penalties of market surveillance forces
1. Market controllers on duty shall have the power
to:
a) Issue warning;
b) Impose a fine up to VND 500.000 upon an
individual and up to VND 1.000.000 upon an organization.
2. Leaders of market surveillance teams shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 25.000.000 upon an
individual and up to VND 50.000.000 upon an organization;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth
less than the fine specified in Point b of this Clause;
d) Impose the remedial measures prescribed herein,
except the remedial measure prescribed in Point a Clause 3 Article 4 hereof.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Issue warning;
b) Impose a fine up to VND 50.000.000 upon an
individual and up to VND 100.000.000 upon an organization;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth
less than the fine specified in Point b of this Clause;
d) Suspend licenses/practicing certificates or
suspend operations for fixed periods;
dd) Impose the remedial measures prescribed herein.
4. Director General of Vietnam Directorate of
Market Surveillance shall have the power to:
a) Issue warning;
b) Impose a fine up to the maximum fine prescribed
herein;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Impose the remedial measures prescribed herein.
Article 83. Power to impose
penalties of people’s public security forces
1. On-duty soldiers of people’s police forces shall
have the power to:
a) Issue warning;
b) Impose a fine up to VND 500.000 upon an
individual and up to VND 1.000.000 upon an organization.
2. Heads of police stations and leaders of the
soldiers mentioned in Clause 1 of this Article shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1.500.000 upon an
individual and up to VND 3.000.000 upon an organization.
3. Heads of communal police authorities and heads
of police stations at checkpoints and export processing zones shall have the
power to:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Impose a fine up to VND 2.500.000 upon an
individual and up to VND 5.000.000 upon an organization;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth
less than the fine specified in Point b of this Clause;
d) Impose the remedial measure specified in Point b
Clause 3 Article 4 hereof.
4. Heads of District-level police forces, heads of
operations divisions affiliated to the Traffic Police Department, and heads of
provincial-level police agencies, including: Heads of police departments
for administrative management of social order, heads of police departments for
investigation into social order-related crimes, heads of police departments for
investigation into corruption, economy and smuggling-related crimes, heads of
police departments for investigation drug-related crimes, heads of traffic
police departments, heads of railway and road traffic police departments, heads
of road traffic police departments, heads of waterway traffic police
departments, heads of environment crime prevention and fighting police
departments, heads of internal political security departments and heads of
economic security departments, shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 25.000.000 upon an
individual and up to VND 50.000.000 upon an organization for committing one of
the violations in Section 2 Chapter II hereof; a fine up to VND 20.000.000 upon
an individual and up to VND 40.000.000 upon an organization for committing
other violations prescribed herein;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth
less than the fine specified in Point b of this Clause;
dd) Impose the remedial measures specified in
Points b, h, i and k Clause 3 Article 4 hereof.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Issue warning;
b) Impose a fine up to VND 50.000.000 upon an
individual and up to VND 100.000.000 upon an organization;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth
less than the fine specified in Point b of this Clause;
dd) Impose the remedial measures specified in
Points b, e, h, i and k Clause 3 Article 4 hereof.
6. Directors of Internal Political Security
Department, Economic Security Department, Police Department for Administrative
Management of Social Order, Police Department for Investigation into Corruption,
Economy and Smuggling-related Crimes, Police Department for Investigation into
Drug-related Crimes, Traffic Police Department, Environment Crime Prevention
and Fighting Police Department, Department of Cybersecurity and Hi-tech Crime
Prevention and Control, and Immigration Department shall have the power to:
a) Issue warning;
b) Impose a fine up to the maximum fine prescribed
herein;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
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dd) Impose the remedial measures specified in
Points b, e, h, i and k Clause 3 Article 4 hereof.
Article 84. Power to impose
penalties of customs agencies
1. Customs officials on duty shall have the power
to:
a) Issue warning;
b) Impose a fine up to VND 500.000 upon an
individual and up to VND 1.000.000 upon an organization.
2. Team leaders of Customs Branches and team
leaders of Post-clearance Audit Branches shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 5.000.000 upon an
individual and up to VND 10.000.000 upon an organization.
3. Directors of Customs Branches, Directors of
Post-clearance Audit Branches, leaders of customs control teams affiliated to
Customs Departments of provinces, leaders of anti-smuggling control teams,
commanders of marine control squads and leaders of intellectual property
protection and control teams affiliated to Anti-smuggling and Investigation
Department of General Department of Customs shall have the power to:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Impose a fine up to VND 25.000.000 upon an
individual and up to VND 50.000.000 upon an organization;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth less
than the fine specified in Point b of this Clause;
d) Enforce the remedial measures specified in
Points a, b, d and e Clause 3 Article 4 hereof.
4. Directors of Anti-smuggling and Investigation
Department and Post-clearance Audit Department affiliated to General Department
of Customs, and Directors of Customs Departments of provinces shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 50.000.000 upon an
individual and up to VND 100.000.000 upon an organization;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth
less than the fine specified in Point b of this Clause;
dd) Impose the remedial measures specified in
Points a, b, d and e Clause 3 Article 4 hereof.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Issue warning;
b) Impose a fine up to the maximum fine prescribed
herein;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
d) Impose the remedial measures specified in Points
a, b, d and e Clause 3 Article 4 hereof.
Article 85. Power to impose
penalties of border guard forces
1. On-duty soldiers of border guard forces shall
have the power to:
a) Issue warning;
b) Impose a fine up to VND 500.000 upon an
individual and up to VND 1.000.000 upon an organization.
2. Heads of police stations and leaders of the
soldiers mentioned in Clause 1 of this Article shall have the power to:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Impose a fine up to VND 2.500.000 upon an
individual and up to VND 5.000.000 upon an organization.
3. Heads of border-guard posts, commanders of
border-guard flotillas and commanders of port border guards shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 25.000.000 upon an
individual and up to VND 50.000.000 upon an organization for committing one of
the violations in Section 2 Chapter II hereof; a fine up to VND 20.000.000 upon
an individual and up to VND 40.000.000 upon an organization for committing
other violations prescribed herein;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth less
than the fine specified in Point b of this Clause;
d) Impose the remedial measure specified in Point b
Clause 3 Article 4 hereof.
4. Commanders of provincial-level border guard
forces and commanders of border guard fleets affiliated to the Border Guard
High Command shall have the power to:
a) Issue warning;
b) Impose a fine up to the maximum fine prescribed
herein;
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d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Points b and e Clause 3 Article 4 hereof.
Article 86. Power to impose
penalties of Vietnam marine police forces
1. Coast guard officers on duty shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 1.500.000 upon an
individual and up to VND 3.000.000 upon an organization.
2. Coastguard team leaders shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 5.000.000 upon an
individual and up to VND 10.000.000 upon an organization.
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a) Issue warning;
b) Impose a fine up to VND 10.000.000 upon an
individual and up to VND 20.000.000 upon an organization;
c) Impose the remedial measures mentioned in Point
b Clause 3 Article 4 hereof.
4. Commanders of coastguard platoons shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 25.000.000 upon an
individual and up to VND 50.000.000 upon an organization for committing one of
the violations in Section 2 Chapter II hereof; a fine up to VND 20.000.000 upon
an individual and up to VND 40.000.000 upon an organization for committing
other violations prescribed herein;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth
less than the fine specified in Point b of this Clause;
d) Impose the remedial measures specified in Points
a and b Clause 3 Article 4 hereof.
5. Commanders in chief of coastguard squadrons
shall have the power to:
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b) Impose a fine up to VND 50.000.000 upon an
individual and up to VND 100.000.000 upon an organization for committing one of
the violations in Section 2 Chapter II hereof; a fine up to VND 30.000.000 upon
an individual and up to VND 60.000.000 upon an organization for committing
other violations prescribed herein;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth
less than the fine specified in Point b of this Clause;
d) Impose the remedial measures specified in Points
a and b Clause 3 Article 4 hereof.
6. Commanders of Regional Coast Guards shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 100.000.000 upon an
individual and up to VND 200.000.000 upon an organization for committing one of
the violations in Section 2 Chapter II hereof; a fine up to VND 50.000.000 upon
an individual and up to VND 100.000.000 upon an organization for committing
other violations prescribed herein;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth
less than the fine specified in Point b of this Clause;
d) Impose the remedial measures specified in Points
a and b Clause 3 Article 4 hereof.
7. Commander of Vietnam Coast Guard shall have the
power to:
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b) Impose a fine up to the maximum fine prescribed
herein;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures specified in
Points a and b Clause 3 Article 4 hereof.
Article 87. Power to impose
penalties of inspectors
1. On-duty inspectors and persons assigned to carry
out specialized inspections shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 500.000 upon an
individual and up to VND 1.000.000 upon an organization;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth
less than the fine specified in Point b of this Clause;
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2. Chief Inspectors of and Directors of
Sub-directorates for Standard, Metrology and Quality affiliated to provincial
Departments of Science and Technology, Directors of Branches of Vietnam Food
Administration affiliated to Provincial Departments of Health, Directors of
Crop Production and Plant Protection Sub-departments, Sub-departments of
Livestock Production and Animal Health, Sub-departments of Fisheries, and
Agro-Forestry-Fisheries Quality Assurance Sub-departments affiliated to
Provincial Departments of Agriculture and Rural Development, Directors of Radio
Frequency Centers and holders of equivalent titles assigned by the Government
to carry out specialized inspections shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50.000.000 upon an
individual and up to VND 100.000.000 upon an organization;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth
less than the fine specified in Point b of this Clause;
dd) Impose the remedial measures prescribed herein.
3. Chief Inspectors of ministries, ministerial
agencies, Director General of Directorate for Standards, Metrology and Quality,
Director General of Vietnam Administration of Forestry, Director General of
Directorate of Fisheries, Director General of General Department of Geology and
Minerals of Vietnam, Director General of Vietnam Environment Administration,
Director General of Vietnam Chemicals Agency, Director General of Industrial
Safety Techniques and Environment Agency, Director General of Department of
Animal Health, Director General of Plant Protection Department, Director
General of Department of Crop Production, Director General of Department of
Livestock Production, Director General of National Agro-Forestry-Fisheries
Quality Assurance Department, Director General of Agro Processing and Market
Development Authority, Director General of Authority of Radio Frequency Management,
Director General of Vietnam Telecommunications Authority, Director General of
Authority of Broadcasting and Electronic Information, Director General of
Authority of Press, Director General of Agency of Publication, Print and
Release, Director General of Drug Administration of Vietnam, Director General
of Medical Examination and Treatment, Director General of Health Environment
Management Agency, Director General of General Department of Preventive
Medicine, Director General of Vietnam Food Administration and holders of
equivalent titles assigned by the Government to carry out specialized
inspections shall have the power to:
a) Issue warning;
b) Impose a fine up to the maximum fine prescribed
herein;
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d) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
dd) Impose the remedial measures prescribed herein.
4. Heads of provincial-level specialized inspection
teams and heads of specialized inspection teams established by competent
authorities assigned to perform specialized inspection tasks shall have the
power to impose penalties as prescribed in Clause 2 of this Article.
5. Heads of specialized inspection teams
established by Ministries shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 140.000.000 upon an
individual and up to VND 280.000.000 upon an organization for committing one of
the violations in Section 2 Chapter II hereof; a fine up to VND 70.000.000 upon
an individual and up to VND 140.000.000 upon an organization for committing
other violations prescribed herein;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violations but are worth
less than the fine specified in Point b of this Clause;
dd) Impose the remedial measures prescribed herein.
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1. Chairpersons of people’s committees of all
levels shall have the power to impose administrative penalties and remedial
measures against administrative violations specified herein and committed in
their management areas within their competence prescribed in Article 81 hereof.
2. Authorized officers of market surveillance
forces shall have the power to impose administrative penalties and remedial
measures against administrative violations specified herein within their
competence prescribed in Article 82 hereof and within the ambit of their assigned
functions, duties and powers.
3. Authorized officers of people’s public security
forces shall have the power to impose administrative penalties and remedial
measures against administrative violations specified hereof within their
competence prescribed in Article 83 hereof and within the ambit of their
assigned functions, duties and powers.
4. Authorized officers of customs agencies shall
have the power to impose administrative penalties and remedial measures against
administrative violations specified in Section 8 Chapter II hereof and
administrative violations involving export, import, temporary import, temporary
export and merchant trading of goods prescribed in Article 8, 9, 11, 13, 15,
16, 17, 18, 20, 24, 26, 27, 34, 35, 70, 71 and 72 hereof within their
competence prescribed in Article 84 hereof and within the ambit of their
assigned functions, duties and powers.
5. Authorized officers of border guard forces shall
have the power to impose administrative penalties and remedial measures against
administrative violations specified in Section 2 Chapter II and Articles 15,
17, 36, 37, 40, 41, 42 and 72 hereof within their competence prescribed in
Article 85 hereof and within the ambit of their assigned functions, duties and
powers.
6. Authorized officers of Vietnam Coast Guard shall
have the power to impose administrative penalties and remedial measures against
administrative violations specified in Section 2 Chapter II and Articles 15,
17, 36, 37, 40, 41, 42 and 72 hereof within their competence prescribed in
Article 86 hereof and within the ambit of their assigned functions, duties and
powers.
7. Authorized officers of inspectorates shall have
the power to impose administrative penalties and remedial measures against
administrative violations specified herein within their competence prescribed
in Article 87 hereof and within the ambit of their assigned functions, duties
and powers.
Chapter IV
IMPLEMENTATION
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1. This Decree comes into force from October 15,
2020.
2. This Decree supersedes the following documents:
a) The Government’s Decree No. 185/2013/ND-CP dated
November 15, 2013 prescribing penalties for administrative violations against
regulations on commerce, production, trade in counterfeit and prohibited goods
and protection of consumer rights;
b) The Government’s Decree No. 124/2015/ND-CP dated
November 19, 2015 providing amendments to the Government’s Decree No.
185/2013/ND-CP dated November 15, 2013 prescribing penalties for administrative
violations against regulations on commerce, production, trade in counterfeit
and prohibited goods and protection of consumer rights;
c) The Government’s Decree No. 141/2018/ND-CP dated
October 08, 2018 amending and supplementing a number of articles of Decrees
prescribing penalties for violations against regulations on multi-level
marketing.
Article 90. Transition
Administrative violations against regulations on
commerce, production, trade in counterfeit and prohibited goods and protection
of consumer rights which have been committed before this Decree takes effect
but are detected afterwards or are under consideration shall be handled in
accordance with regulations herein if this Decree does not provide for legal
liability or impose less serious legal liability.
Article 91. Responsibility for
implementation
1. Minister of Industry and Trade shall organize
the implementation of this Decree.
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3. Ministers, heads of ministerial agencies, heads
of Governmental agencies, Chairpersons of People’s Committees of provinces or
central-affiliated cities shall, within the ambit of their assigned functions
and duties, be responsible for the implementation of this Decree./.
ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc