THE MINISTRY OF
SCIENCE AND TECHNOLOGY OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 02/VBHN-BKHCN
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Hanoi, January
06, 2022
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DECREE
ON PENALTIES FOR
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON STANDARDS, MEASUREMENT AND
QUALITY OF GOODS
Decree No. 119/2017/ND-CP dated November 01, 2017
of the Government on administrative penalties in standards, measurement and
quality of goods, which comes into force from December 15, 2017, is amended by:
Decree No. 126/2021/ND-CP dated December 30, 2021 of
the Government on administrative penalties in industrial property; standards,
measurement and quality of goods; science and technology activities, technology
transfers; atomic energy, which comes into force from January 01, 2022.
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on Standards and Technical
Regulations dated June 29, 2006;
Pursuant to the Law on Quality of Products and
Goods dated November 21, 2007;
Pursuant to the Law on Measurement dated
November 11, 2011;
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At the request of the Minister of Science and
Technology;
The Government of Vietnam hereby promulgates a
Decree on penalties for administrative violations against regulations on standards,
measurement and quality of goods. [1]
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree provides for administrative
violations, penalties, fines, remedial measures, power to impose penalties and
power to draw up reports on administrative offences against regulations on
technical regulations and standards; measurement; quality of goods (hereinafter
referred to as “standards, measurement and quality of goods”).
2. [2] Other administrative violations against
regulations on standards, measurement and quality of goods not specified herein
shall apply regulations stated in other Government's decrees on penalties for
administrative violations against relevant regulations on state management.
Article 2. Penalties and remedial measures
1. A warning or fine shall be the primary penalty
for each administrative violation against regulations on standards, measurement
and quality of goods that is committed by an organization or individual.
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a) [3] Suspension of the certificate of
registration of conformity assessment operation
(certification/testing/assessment/inspection); decision on designation of
conformity assessment body (certification/testing/assessment/inspection);
certificate of registration as providers of measuring instrument/measurement
standard inspection/calibration/testing service; decision on designation of measuring
instrument/measurement standard inspection/calibration/testing body; decision
on approval for measurement standard for inspection/calibration of measuring
instrument; decision on pattern approval; certificate of eligibility for use of
quantity marks on pre-packaged goods labels; certificate of barcode use rights;
certificate of registration as accreditation body; certificate of registration
of award consideration, licence for transportation of dangerous goods;
certificate of registration as oil and gas blending facility; certificate of
eligibility for business for 01 – 12 months;
b) Suspension of operation for 01 – 03 months
according to Clause 2 Article 25 of the Law on Handling of administrative
violations;
c) Confiscation of exhibits and equipment serving
the administrative violations against regulations on standards, measurement and
quality of goods.
3. Apart from incurring primary and additional
penalties, one or some of the following remedial measures may also be adopted:
a) Enforced destruction of goods, measuring
instruments or measurement standards that affect human’s health, livestock,
plants and environment;
b) [4] Enforced removal from the territory of the
Socialist Republic of Vietnam or enforced re-export thereof;
c) Enforced correction of false or misleading
information;
d) Enforced removal of illegal elements from goods,
packages thereof and business instruments;
d1) [5] Enforced re-inspection of measuring
instruments; enforced display of units of measurement instruments; enforced
restoration of original state of measurement instruments; enforced repacking of
pre-packed goods; enforced statement of quantity of pre-packed goods, enforced
display of measurement units of pre-packed goods;
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e) Enforced recall of illicit goods, measuring
instruments, reference standards or measurement standards that have been sold;
g) Mandatory revocation of certificate of
management system, certificate of inspection/calibration/testing or certificate
of comparison of measurement standards/reference standards;
h) Mandatory revocation of certificate of provision
of training/testing/inspection/assessment; certificates of conformity with
standards/regulations, certificates of laboratory accreditation; certificate of
accreditation of inspection/calibration laboratory, certificate of
accreditation of conformity assessment body; mandatory revocation or
cancellation of decision on grant of prizes, withdrawal of prizes; decision on
pattern approval;
i) Enforced repurposing or recycling of unqualified
goods; enforced revision of declared standards; enforced repair of measuring
instruments before being put into use.
Article 2a. Execution
of penalty imposition decisions, execution of remedial measures and enforcement
of sanction decisions [7]
Execution of penalty imposition decisions,
execution of remedial measures and enforcement of administrative sanction
decisions prescribed in this Decree shall comply with Law on Handling of
Administrative Violations of Vietnam and guiding documents.
Article 3. Maximum fines and organizations
carrying penalties for administrative violations
1. The maximum fine for a measurement-related
violation committed by an individual and an organization shall be VND
100,000,000 and VND 200,000,000 respectively; the maximum fine for a product
quality-related violation committed by an individual and an organization shall
be VND 150,000,000 and VND 300,000,000 respectively, except for the provisions
stated in Points dd, e, g and h Clause 2 Article 14; Points dd, e, g and h
Clause 2 Article 15; Points dd, e, g and h Clause 2 Article 16; Clauses 3 and 4
Article 17; Clause 4 Article 18; Clause 4 Article 19 and Clauses 5, 6 and 7
Article 20 herein.
2. The fines specified herein are imposed for
administration violations committed by organizations. The fine for the same
violation committed by an individual shall be 50% of that imposed upon an
organization, except for the provisions stated in Articles 11, 12 and 13
herein.
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a) Business entities established in accordance with
provisions of the Law on Enterprises including sole proprietorships,
joint-stock companies, limited liability companies and partnerships;
b) Business entities established in compliance with
provisions of the Law on Cooperatives including cooperatives and cooperative
unions;
c) [8] (annulled)
d) [9] Public service providers and other
organizations as per the law.
Chapter II
ADMINISTRATIVE VIOLATIONS, PENALTIES AND FINES
Section 1. VIOLATIONS AGAINST REGULATIONS ON
MEASUREMENT
Article 4. Violations against regulations on
maintenance of national standards committed by designated organizations
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
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b) Failure to carry out regular calibration or
comparison of national standards to international ones or national standards of
a foreign country that have been calibrated or compared to international
standards;
c) Failure to calibrate or compare national
standards to transmit accuracy thereof to measurement standards having lower
accuracy;
d) Failure to maintain the management system to
carry out maintenance and use of national standards.
2. A fine of from VND 10,000,000 to VND 30,000,000
shall be imposed for:
a) Use of incorrect national standards to carry out
calibration or comparison thereof to international standards or national
standards of a foreign country; use of incorrect national standards for
calibration or comparison in a manner that affects the measurement standards
having lower accuracy;
b) Failure to report falsification of national
standards, request suspension of a decision on approval for national standards
or designate an organization to maintain national standards.
3. Remedial measures:
a) Mandatory suspension of the certificate of
calibration/comparison in case of the violation specified in Point a Clause 2
this Article;
b) Enforced transfer of the illegal profits earned
from commission of the violation specified in Point a Clause 2 of this Article
to state budget.
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1. A fine of from VND 5.000.000 to 10.000.000 shall
be imposed for the production, import, sale and use of reference standards or
measurement standards without displaying the statutory measurement units.
2. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for:
a) Failure to calibrate or compare measurement
standards to national standards or measurement standards having higher accuracy
before putting them into use;
b) Failure to carry out tests or comparison of
reference standards before putting them into use.
3. A fine of between VND 20.000.000 and 40.000.000
for the violation against regulations on production, import or sale of
reference standards/measurement standards against technical measurement
requirements declared by the entity or imposed by a competent measuring
authority.
4. The following remedial measures for the
violations specified in Clause 1, Clause 3 of this Article shall apply based on
the following order of priority:
a) Enforced removal from the territory of the
Socialist Republic of Vietnam or mandatory revocation of reference standards/
measurement standards and enforced re-export thereof;
b) Mandatory revocation and repurposing of
reference standards/measurement standards;
c) Enforced destruction of reference
standards/measurement standards that cause harm to human’s health, livestock,
plants, fishery and environment.
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1. [11] A fine of between VND 5.000.000 and
10.000.000 shall be imposed for failure to display statutory measurement units.
2. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for failure to carry out inspections or calibration for
group-2 measuring instruments before putting them into use.
3. A fine of from VND 20,000,000 to VND 40,000,000
shall be imposed for:
a) Production of group-2 measuring instruments
before pattern approval;
b) Production of group-2 measuring instruments
under an expired pattern approval decision.
c) [12] Production of group-1 measuring instruments
against technical measurement requirements declared by the entity.
4. A fine of from VND 40,000,000 to VND 60,000,000
shall be imposed for:
a) Production of group-2 measuring instruments
against the pattern approved by a competent authority;
b) Failure to take preventive measures or make
response to the change of specifications of measuring instruments declared by
the manufacturer or regulated by a competent authority.
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The decision on pattern approval shall be suspended
for 1 - 3 months in case of the violation specified in Clause 4 this Article.
6. [13] Remedial measures:
a) Enforced display of statutory measurement units
before being put into use as to the violation specified in clause 1 of this
Article;
b) Enforced inspection, calibration of group-2
measuring instruments before being put into use as to the violation specified
in clause 2 of this Article;
c) As for the violations specified in points a and
c clause 3, clause 4 of this Article, the remedial measures shall apply in the
following order of priority: Enforced recall of sold measuring instruments;
enforced recall and repurposing of measuring instruments; enforced destruction
of measuring instruments that cause harm to human’s health, livestock, plants,
fishery and environment.
Article 7. Violations against regulations on
import of measuring instruments
1. [11] A fine of from VND 5.000.000 to 10.000.000
shall be imposed for failure to display statutory measurement units in case of
import of group-2 measuring instruments.
2. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for failure to carry out inspections or calibration for
imported group-2 measuring instruments before putting them into use.
3. A fine of from VND 20,000,000 to VND 40,000,000
shall be imposed for:
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b) Import of group-2 measuring instruments under an
expired pattern approval decision
c) [15] Import of group-1 measuring instruments
against technical measurement requirements declared by the entity.
4. A fine of from VND 40,000,000 to VND 60,000,000
shall be imposed for any of the following violations:
a) Import of group-2 measuring instruments against
the pattern approved by a competent authority;
b) Failure to take preventive measures or make
response to the change of specifications of measuring instruments declared by
the importer or regulated by a competent authority.
5. Additional penalties:
The decision on pattern approval shall be suspended
for 1 - 3 months in case of the violation specified in Clause 4 this Article.
6. [16] Remedial measures:
a) Enforced suspension of the decision on pattern
approval in case of the violation specified in Point b Clause 3 this Article;
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Article 8. Violations against regulations on
import of measuring instruments
1. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for any act of affecting, adjusting, installing, withdrawing
or replacing technical functions or structures of group-1 measuring instruments
against technical measurement requirements declared by the entity.
2. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for failure to carry out inspections or calibration for
repaired group-2 measuring instruments before putting them into use.
3. A fine of from VND 20.000.000 to VND 30,000,000
shall be imposed for any act of affecting, adjusting, installing, withdrawing
or replacing technical functions or structures of group-2 measuring instruments
against the pattern approved by a competent authority.
4. A fine of from VND 40,000,000 to VND 50,000,000
shall be imposed for any act of affecting, adjusting, installing, withdrawing
or replacing technical functions or structures of measuring instruments,
thereby exceeding the tolerance thereof or making changes in specifications
thereof.
5. [17] Remedial measures:
a) Enforced inspection, calibration of repaired
group-2 measuring instruments before being put into use as to the violation specified
in clause 2 of this Article;
b) Enforced restoration of the original condition
of the measuring instruments; in case of failure to restore, the measuring
instruments shall be forcibly destroyed if violations specified in Clauses 1, 3
and 4 of this Article are committed;
c) Enforced transfer of the illegal profits earned
from commission of the violation specified in Clause 4 of this Article to state
budget.
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1. [18] A fine of from VND 2.000.000 to 4.000.000
shall be imposed for failure to display statutory measurement units in case of
sale of group-2 measuring instruments.
2. [19] A fine of from VND 5,000,000 to VND
10,000,000 shall be imposed for:
a) Sale of group-2 measuring instruments without
pattern approved;
b) Sale of group-2 measuring instruments against
the pattern approved by a competent authority;
c) Sale of group-1 measuring instruments against
technical measurement requirements declared by the entity.
3. [20] Remedial measures:
a) Enforced recall of measuring instruments in
circulation for the violations in clause 1 hereof;
b) As for the violations specified in points a, b
and c clause 2 of this Article, the remedial measures shall apply in the
following order of priority: enforced recall and repurposing of measuring
instruments; enforced destruction of measuring instruments that cause harm to
human’s health, livestock, plants, fishery and environment.
c) Enforced transfer of the illegal profits earned
from commission of the violation specified in Point b Clause 1 and Points b and
c Clause 2 of this Article to state budget.
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1. A fine of from VND 500,000 to VND 1,000,000
shall be imposed if any of the following violations involves the use of one or
some measuring instruments whose total value is up to VND 1,000,000 (according
to the value of new measuring instruments with the same model or those having
equivalent specifications from the day on which the administrative violation is
committed):
a) Failure to obtain the certificate of
inspection/calibration (stamp, mark, certificate);
b) Expiry of the certificate of the
inspection/calibration;
c) Breaking of the seal, lead seal or removal of
certificate of inspection/calibration on the measuring instrument;
d) Failure to carry out regular inspections;
dd) Failure to fulfill requirements for
transportation, storage and use of the measuring instrument under guidelines
provided by their manufacturer or importer or regulations of a competent
authority.
2. The following fines shall be imposed if any of
the violations specified in Clause 1 of this Article involves the use of one or
multiple measuring instruments whose total value exceeds VND 1,000,000:
a) A fine of from VND 1,000,000 to VND 2,000,000
shall be imposed if the violation involves the use of one or multiple measuring
instruments whose total value exceeds VND 1,000,000 but not exceeding VND
10,000,000;
b) A fine of from VND 2,000,000 to VND 5,000,000
shall be imposed if the violation involves the use of one or multiple measuring
instruments whose total value exceeds VND 10,000,000 but not exceeding VND
30,000,000;
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d) A fine of from VND 10.000.000 to VND 20.000.000
shall be imposed if the violation involves the use of one or multiple measuring
instruments whose total value exceeds VND 50,000,000 but not exceeding VND
70,000,000;
dd) A fine of from VND 20.000.000 to VND 30.000.000
shall be imposed if the violation involves the use of one or multiple measuring
instruments whose total value exceeds VND 70,000,000.
3. The following fines shall be imposed for the use
of improper or defective measuring instruments (according to the value of new
measuring instruments with the same models or those having equivalent
specifications from the day on which the administrative violation is
committed):
a) A fine of from VND 2.000.000 to VND 5.000.000
shall be imposed if the violation involves the use of one or multiple measuring
instruments whose total value is up to VND 5.000.000.
b) A fine of from VND 5,000,000 to VND 10.000.000
shall be imposed if the violation involves the use of one or multiple measuring
instruments whose total value exceeds VND 5.000.000 but not exceeding VND
10,000,000;
c) A fine of from VND 10.000.000 to VND 20.000.000
shall be imposed if the violation involves the use of one or multiple measuring
instruments whose total value exceeds VND 10,000,000 but not exceeding VND
30,000,000;
d) A fine of from VND 20.000.000 to VND 30.000.000
shall be imposed if the violation involves the use of one or multiple measuring
instruments whose total value exceeds VND 30,000,000 but not exceeding VND
50,000,000;
dd) A fine of from VND 30.000.000 to VND 50.000.000
shall be imposed if the violation involves the use of one or multiple measuring
instruments whose total value exceeds VND 50,000,000 but not exceeding VND
70,000,000;
e) A fine of from VND 50.000.000 to VND 70.000.000
shall be imposed if the violation involves the use of one or multiple measuring
instruments whose total value exceeds VND 70,000,000.
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a) Change of structures or specifications of the
measuring instrument(s);
b) Affecting, adjusting, installing, withdrawing or
replacing technical functions or structures that causes falsification of
measuring instrument results or using other equipment to adjust errors of
measuring instruments exceeding the permitted ones;
a) Failure to carry out inspections/calibration of
measuring instruments by the deadline at the request of a competent authority
5. The following fines shall be imposed if the
violation prescribed in Clause 4 of this Article involves the use of one or
some measuring instruments whose total value is over VND 1,000,000 (according
to the value of new measuring instruments with the same model or those having
equivalent specifications from the day on which the administrative violation is
committed):
a) A fine of from VND 10.000.000 to VND 20.000.000
shall be imposed if the violation involves the use of one or multiple measuring
instruments whose total value exceeds VND 1,000,000 but not exceeding VND
10,000,000;
b) A fine of from VND 20.000.000 to VND 30.000.000
shall be imposed if the violation involves the use of one or multiple measuring
instruments whose total value exceeds VND 10.000.000 but not exceeding VND
30,000,000;
c) A fine of from VND 30.000.000 to VND 50.000.000
shall be imposed if the violation involves the use of one or multiple measuring
instruments whose total value exceeds VND 30,000,000 but not exceeding VND
50,000,000;
d) A fine of from VND 50.000.000 to VND 70.000.000
shall be imposed if the violation involves the use of one or multiple measuring
instruments whose total value exceeds VND 50,000,000 but not exceeding VND
70,000,000;
dd) A fine of from VND 70.000.000 to VND
100.000.000 shall be imposed if the violation involves the use of one or
multiple measuring instruments whose total value exceeds VND 70,000,000.
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a) Exhibits and equipment used for violation
commission specified in Clause 4 this Article shall be confiscated;
b) [21] Operation of the inspecting authority shall
be suspxended for 1 - 3 months in case of the violations specified in clause 4
of this Article;
7. [22] Remedial measures:
b) Enforced re-inspection of measuring instruments
before being put into use for violations specified in Points a, b and c Clause
1, Clause 2 of this Article;
b) Enforced transfer of the illegal profits earned
from committing the violations specified in Clause 3, Points b and c Clause 4
of this Article to state budget.
Article 11. Violations committed by inspectors
and inspecting bodies
1. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed upon an inspector that:
a) fails to follow inspection procedures declared
or those established by a competent authority;
b) carries out inspections on group-2 measuring
instruments when the decision on certification of inspector has not been given
or expires;
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d) conducts inspections of group-2 measuring
instruments without or against the pattern approval.
2. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed upon an measuring instrument inspection service provider that:
a) provides inspection services without the
certificate of registration of inspection service business;
b) conducts inspections beyond the scope of
operation registered;
c) fails to follow inspection procedures declared
or those established by a competent authority; or
d) fails to satisfy requirements for provision of
inspection services registered.
3. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed upon an designated inspecting body that:
a) conducts inspections of group-2 measuring
instruments when no designation is made by a competent authority or the
decision on designation expires;
b) conducts inspections of group-2 measuring
instruments beyond the designated scope;
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d) uses measurement standards to carry out
inspections on group-2 measuring instruments when the decision on certification
thereof has not been given or expires.
4. A fine of from VND 30,000,000 to VND 40,000,000
shall be imposed for failure to carry out inspections but granting of certificates
of inspection for group-1 measuring instruments.
5. A fine of from VND 70,000,000 to VND 100,000,000
shall be imposed for failure to carry out inspections but granting of
certificates of inspection for group-2 measuring instruments.
6. Additional penalties:
a) [23] Operation of the inspector shall be
suspended for 1 - 3 months in case of the violations specified in Points a, c
and d Clause 1, Clause 5 of this Article;
b) The decision on designation of inspection shall
be suspended for 1 - 3 months in case of the violations specified in Point b
Clause 3 and Clause 5 this Article;
c) [24] Operation of the inspecting body shall be
suspended for 1 - 3 months in case of the violations specified in Clauses 2, 3,
4 and 5 of this Article.
7. [25] Remedial measures:
a) Enforced revocation of the certificate of
inspection in case of the violations specified in points c, d clause 1, points
a, b clause 2, clauses 3, 4 and 5 of this Article;
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Article 12. Violations committed by calibration
technicians and calibration bodies
1. A fine of from VND 4,000,000 to VND 10,000,000
shall be imposed upon a calibration technician that:
a) fails to follow calibration procedures declared
or those established by a competent authority;
b) uses the certificate of calibration illegally.
2. A fine of from VND 20,000,000 to VND 40,000,000
shall be imposed upon a measuring instrument/measurement standard calibration
service provider that:
a) provides calibration services without the
certificate of registration of calibration service business;
b) carries out calibration beyond the scope of
operation registered;
c) fails to follow calibration procedures declared
or those established by a competent authority; or
d) fails to satisfy requirements for carrying out
calibration registered.
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a) calibrates measurement standards to carry out
inspection/calibration of group-2 measuring instruments or calibrates group-2
measuring instruments when the decision on designation has not been given or
expires;
b) calibrates measurement standards to carry out
inspection/calibration of group-2 measuring instruments or calibrates group-2
measuring instruments beyond the scope designated; or
c) fails to satisfy requirements for carrying out
calibration designated.
4. A fine of from VND 30,000,000 to VND 40,000,000
shall be imposed for granting certificates of calibration for group-1 measuring
instruments without carrying calibration
5. A fine of from VND 70,000,000 to VND 100,000,000
shall be imposed for granting of certificates of calibration for measurement
standards or group-2 measuring instruments without carrying out calibration.
6. Additional penalties:
a) The certificate of calibration business
registration shall be suspended for 1 - 3 months in case of the violations
specified in Points b and d Clause 2 this Article;
b) The decision on designation of calibration shall
be suspended for 1 - 3 months in case of the violations specified in Point b
Clause 3 and Clause 5 this Article;
c) Operation of the calibration body shall be
suspended for 1 - 3 months in case of the violations specified in Clauses 3, 4
and 5 of this Article.
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a) Enforced revocation of the certificate of
calibration in case of the violations specified in point b clause 1, points a,
b and c clause 2, Points a and b Clause 3, Clauses 4 and 5 this Article;
b) Enforced transfer of the illegal profits earned
from committing the violations specified in clauses 2, 3, 4 and 5 of this
Article to state budget.
Article 13. Violations committed by test
technicians and testing bodies
1. A fine of from VND 2,000,000 to VND 4,000,000
shall be imposed upon a test technician that:
a) fails to follow testing procedures declared or
those established by a competent authority; or
b) uses the certificate of testing illegally.
2. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed upon a measuring instrument/measurement standard testing
service provider that:
a) provides testing services without the
certificate of registration of providing testing services;
b) carries out tests beyond the scope of operation
registered;
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d) fails to satisfy requirements for carrying out
tests registered.
3. A fine of from VND 25,000,000 to VND 35,000,000
shall be imposed upon an designated testing body that:
a) conducts tests on group-2 measuring instruments
when no designation is made or the decision on designation expires;
b) conducts tests on group-2 measuring instruments
beyond the designated scope;
c) fails to satisfy requirements for carrying out
tests designated.
4. A fine of from VND 40,000,000 to VND 50,000,000
shall be imposed for granting test results for group-2 measuring instruments
without carrying out tests.
5. Additional penalties:
a) The certificate of registration of testing
business shall be suspended for 1 - 3 months in case of the violations
specified in Points b and d Clause 2 this Article;
b) The decision on designation of testing shall be
suspended for 1 - 3 months in case of the violations specified in Point b
Clause 3 and Clause 4 this Article;
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6. Remedial measures:
a) Enforced revocation of test results in case of
the violations specified in point b clause 1, points a, b and c of clause 2,
Points a and b of Clause 3, Clause 4 this Article;
b) Enforced transfer of the illegal profits earned from
committing the violations specified in clauses 2, 3 and 4 of this Article to
state budget.
Article 14. Violations against regulations on
measurement of group-2 measurement process
1. A fine of from VND 4,000,000 to VND 10,000,000
shall be imposed for any of the following violations:
a) Failure to facilitate supervision and inspection
of measurement process and methods, measuring instruments, quantity of goods
and services carried out by the entity in charge;
b) Failure to comply with technical measurement
requirements during the measurement process.
2. [26] The fines for the violation against
regulations on measurement process during sale and purchase of goods or
provision of services that the quantity of such goods or services having errors
exceeding the prescribed errors according to technical measurement requirements
for measurement process declared by the measuring entity or regulated by a
competent authority for illegal profit:
a) A fine of from VND 5,000,000 to VND 10.000.000
if the illegal profit is not exceeding VND 10,000,000;
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c) A fine of from VND 20.000.000 to VND 40,000,000
if the illegal profit is exceeding VND 50,000,000 but not exceeding VND
100,000,000;
d) A fine of from VND 40,000,000 to VND 60,000,000
if the illegal profit is exceeding VND 100.000.000 but not exceeding VND
200,000,000;
dd) A fine equal to 1 - 2 times the illegal profit
if it is exceeding VND 200.000.000 but not exceeding VND 300.000.000;
e) A fine equal to 2 - 3 times the illegal profit
if it is exceeding VND 300.000.000 but not exceeding VND 400.000.000;
g) A fine equal to 3 - 4 times the illegal profit
if it is exceeding VND 400.000.000 but not exceeding VND 500.000.000;
h) A fine equal to 4 - 5 times the illegal profit
if it is exceeding VND 500.000.000;
2a. [27] Additional penalties:
Confiscation of the
illegal profits obtained by committing violations specified in Clause 2 of this
Article.
3. Remedial measures:
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Article 15. Violations against regulations on quantity
of pre-packaged goods in production or import thereof
1. A fine of from VND 4,000,000 to VND 8,000,000
shall be imposed for the production or import of pre-packaged goods if :
a) The manufacturer fails to specify the quantity
of pre-packaged goods on goods labels; fails to specify measurement units in
accordance with those regulated by law;
b) The quantity of pre-packaged goods specified on
goods labels is not consistent with enclosed documents, technical measurement
requirements declared by the manufacturer or importer, or technical measurement
requirements regulated by a competent authority;
c) The product manufacturer or importer fails to
have the certificate of eligibility for use of quantity marks on group 2
pre-packaged goods labels or package or such certificate expires;
d) Quantity marks on goods labels or packages of
goods are not displayed properly.
dd) [28] The non-suitable number of units of
prepackaged goods exceeds the regulations;
2. [29] The fines for the violation against
regulations on production or import of pre-packaged goods whose quantity has
average value lower than that prescribed in technical measurement requirements
declared by the manufacturer or importer or regulated by a competent authority
for illegal profit:
a) A fine of from VND 5.000.000 to VND 10.000.000
if the illegal profit is not exceeding VND 10.000.000;
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c) A fine of from VND 20.000.000 to VND 40,000,000
if the illegal profit is exceeding VND 50,000,000 but not exceeding VND
100.000.000;
d) A fine of from VND 40.000.000 to VND 60,000,000
if the illegal profit is exceeding VND 100.000.000 but not exceeding VND
200.000.000;
dd) A fine equal to 1 - 2 times the illegal profit
if it is exceeding VND 200.000.000 but not exceeding VND 300.000.000;
e) A fine equal to 2 - 3 times the illegal profit
if it is exceeding VND 300.000.000 but not exceeding VND 400.000.000;
g) A fine equal to 3 - 4 times the illegal profit
if it is exceeding VND 400.000.000 but not exceeding VND 500.000.000;
h) A fine equal to 4 - 5 times the illegal profit
if it is exceeding VND 500.000.000;
2a. [30] Additional penalties:
Confiscation of the
illegal profits obtained by committing violations specified in Clause 2 of this
Article.
3. [31] Remedial measures:
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b) Enforced repackage of pre-packed goods
manufactured as prescribed for violations specified in Point b Clause 1, Clause
2 of this Article;
c) Enforced re-export of pre-packed imported goods
as prescribed for violations specified in Points a, b Clause 1, Clause 2 of
this Article.
Article 16. Violations against regulations on
measurement of quantity of pre-packaged goods for sale
1. A fine of from VND 2.000.000 to VND 4.000.000
shall be imposed for any of the following violations:
a) Sale of pre-packaged goods not displaying the
quantity on goods labels or displaying measurement units against those
regulated by law;
b) Sale of pre-packaged goods displaying the
quantity on goods labels against enclosed documents, technical measurement
requirements declared by the seller or technical measurement requirements
regulated by a competent authority;
c) Sale of group 2 pre-packaged goods without
display of quantity marks on labels or packages of goods.
d) [32] Sale of pre-packed goods with the number of
illegal units exceeding the regulations.
2. [33] The fine for the violation against
regulations on sale of pre-packaged goods whose quantity has average value
lower than that prescribed in technical measurement requirements declared by
the seller or regulated by a competent authority for illegal profit:
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b) A fine of from VND 5.000.000 to VND 10,000,000
if the illegal profit is exceeding VND 10,000,000 but not exceeding VND
50,000,000;
c) A fine of from VND 10.000.000 to VND 20,000,000
if the illegal profit is exceeding VND 50,000,000 but not exceeding VND
100.000.000;
d) A fine of from VND 20.000.000 to VND 40,000,000
if the illegal profit is exceeding VND 100.000.000 but not exceeding VND
200.000.000;
dd) A fine equal to 1 - 2 times the illegal profit
if it is exceeding VND 200.000.000 but not exceeding VND 300.000.000;
e) A fine equal to 2 - 3 times the illegal profit
if it is exceeding VND 300.000.000 but not exceeding VND 400.000.000;
g) A fine equal to 3 - 4 times the illegal profit
if it is exceeding VND 400.000.000 but not exceeding VND 500.000.000;
h) A fine equal to 4 - 5 times the illegal profit
if it is exceeding VND 500.000.000;
2a. [34] Additional penalties:
Confiscation of
illegal profits obtained by committing violations specified in Clause 2 of this
Article.
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Enforced recall of pre-packed goods in circulation
as prescribed for violations specified in Clause 1, Clause 2 of this Article.
Section 2. VIOLATIONS AGAINST REGULATIONS ON
TECHNICAL STANDARDS AND REGULATIONS; QUALITY OF GOODS
Article 17. Violations against regulations on
declaration of applied standards except for violations in the field of food
safety [36]
1. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for failure to make a declaration about applied standards in
production or import of goods.
2. The fines for the act of production or import of
products, goods having quality not satisfying the corresponding technical
regulations:
a) A fine of from VND 500.000 to VND 1.000.000 if
the illegal goods are worth VND 10.000.000 or less;
b) A fine of from VND 1,000,000 to VND 2,000,000 if
the illegal goods are worth from more than VND 10,000,000 to VND 20,000,000;
c) A fine of from VND 2,000,000 to VND 4.000.000 if
the illegal goods are worth from more than VND 20,000,000 to VND 40,000,000;
d) A fine of from VND 4.000.000 to VND 8.000.000 if
the illegal goods are worth from more than VND 40,000,000 to VND 80,000,000;
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e) A fine of from VND 15,000,000 to VND 30,000,000
if the illegal goods are worth from more than VND 150.000.000 to VND
300,000,000;
g) A fine of from VND 30,000,000 to VND 100.000.000
if the illegal goods are worth over VND 300,000,000.
3. A fine of from VND 20.000.000 to VND 40.000.000
if contents of declared standards are not conformable with corresponding
technical regulations or regulations of a competent authority.
4. A fine equal to 1 – 2 times the total value of
illegal goods consumed shall be imposed if the quantity of the
produced/imported goods is lower than the declared standards.
5. A fine equal to 2 – 3 times the total value of
illegal goods consumed shall be imposed if applied standards of
produced/imported goods are not conformable with corresponding technical
regulations or regulations of the competent authority.
6. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for any of the following violations:
a) Failure to fufill requirements for declared
management system standards;
b) Failure to develop, apply and maintain the
quality management system;
c) Failure to apply management system standards but
declare the application.
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a) As for the violations specified in clauses 1, 2,
3, and 4 of this Article, the remedial measures in the following order of
priority shall be applied: compulsory removal from the Socialist Republic of
Vietnam or enforced re-export of imports; enforced recall and recycling or
change of intended use of imports; enforced recall and destruction of products
and goods that cause harm to human’s health, livestock, plants, fishery and
environment;
b) Enforced revision of applied standards and re-declaration
of applied standards in case of the violation specified in Clause 5 this
Article;
c) Enforced correction of false or misunderstanding
information through the mass media or enforced compliance with the applied
standards that have been declared in case of the violation specified in Clause
5 this Article.
Article 18. Violations against regulations on
standard conformity
1. The fines for the act of production or import of
products or goods having quality lower than the standards the conformity to which
has been declared:
a) A fine of from VND 1.000.000 to VND 2.000.000 if
the illegal goods are worth VND 10.000.000 or less;
b) A fine of from VND 2,000,000 to VND 4,000,000 if
the illegal goods are worth from more than VND 10,000,000 to VND 20,000,000;
c) A fine of from VND 4,000,000 to VND 10.000.000
if the illegal goods are worth from more than VND 20,000,000 to VND 40,000,000;
d) A fine of from VND 10.000.000 to VND 25.000.000
if the illegal goods are worth from more than VND 40,000,000 to VND 80,000,000;
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e) A fine of from VND 50,000,000 to VND 100.000.000
if the illegal goods are worth from more than VND 150.000.000 to VND
300,000,000;
g) A fine of from VND 100.000.000 to VND
150,000,000 if the illegal goods are worth from more than VND 200,000,000 to
VND 300,000,000;
h) A fine of from VND 150,000,000 to VND
200,000,000 if the illegal goods are worth from over VND 300,000,000.
2. A fine of from VND 10.000.000 to VND 20.000.000
shall be imposed for the following violations against regulations on issuance
of declaration of conformity (DoC) committed during the production or import of
goods: [37]
a) Making a conformity declaration without
registration with a competent authority;
b) Failure to follow procedures for conformity
declaration;
c) Failure to retain DoC documentation;
d) Using the conformity marks illegally;
dd) Failure to re-declare standard conformity when
there is any change to contents of the DoC documentation or change to utility
and characteristics of products, goods or services for which DoC has been
issued;
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3. A fine of from VND 30,000,000 to VND 50,000,000
shall be imposed for:
a) Failure to maintain constant conformity of
products/goods/services for which DoC has been issued; failure to maintain
regularly control, testing and supervision at the manufacturer’s factory or
trader’s store;
b) Failure to suspend the release and recall of
unqualified products/goods being sold on the market that are likely to cause
unsafety to consumers; failure to cease operation of relevant processes,
services and environment when required;
c) Failure to take remedial measures when
products/goods/services are found to be not consistent with the DoC;
d) Failure to notify a competent authority in
writing of remedial measure results before resumption of goods sale or service
provision.
4. A fine equal to 1 – 2 times the total value of
illegal goods consumed shall be imposed if the quality of the produced/imported
goods is not consistent with the DoC documentation.
5. [39] Remedial measures:
In case of commission of any of the violations in
Clause 1, Point dd Clause 2, Point c Clause 3 and Clause 4 of this Article, the
remedial measures shall apply in the following order of priority:
a) Compulsory removal from the Socialist Republic
of Vietnam or enforced re-export of imports
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c) Enforced recall of products/goods that cause
harm to human’s health, livestock, plants, fishery and environment.
Article 19. Violations against regulations on
regulation conformity
1. The following fines shall be imposed for the
production or import of products/goods against the corresponding technical
regulations:
a) A fine of from VND 1.000.000 to VND 2,000,000 if
the illegal goods are worth VND 5.000.000 or less;
b) A fine of from VND 2,000,000 to VND 5,000,000 if
the illegal goods are worth from more than VND 5.000.000 to VND 10,000,000;
c) A fine of from VND 5,000,000 to VND 10.000.000
if the illegal goods are worth from more than VND 10,000,000 to VND 20,000,000;
d) A fine of from VND 10.000.000 to VND 20.000.000
if the illegal goods are worth from more than VND 20,000,000 to VND 40,000,000;
dd) A fine of from VND 20.000.000 to VND 40.000.000
if the illegal goods are worth from more than VND 40,000,000 to VND 80,000,000;
e) A fine of from VND 40.000.000 to VND 80,000,000
if the illegal goods are worth from more than VND 80,000,000 to VND
140,000,000;
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h) A fine of from VND 140.000.000 to VND
220.000.000 if the illegal goods are worth from more than VND 220.000.000 to
VND 320.000.000;
i) A fine of from VND 220,000,000 to VND
300,000,000 if the illegal goods are worth over VND 320,000,000.
1a. [40] A fine of from VND 10,000,000 to
VND 20,000,000 shall be imposed for:
a) Failure to submit the result of conformity
self-assessment to the inspecting agency by the deadline for group 2
imports in case the conformity declaration thereof is based on result of
conformity self-assessment of the manufacturer or importer as prescribed in the
national technical regulations;
b) Failure to submit a certified true copy of
certificate of quality or certificate of assessment to the inspecting agency by
the deadline for group 2 imports in case the conformity declaration thereof is
based on the result of certification and assessment of the certification body
or assessment body that has been registered or acknowledged by regulations of
law as prescribed in the national technical regulations.
2. A fine of from VND 15,000,000 to VND 30,000,000
shall be imposed for the following violations against regulations on the
production or import of products/goods for which DoC is required under
corresponding technical regulations:
a) Failure to prepare and retain DoC documentation;
b) Failure to carry out regular quality control,
testing and supervision.
3. A fine of from VND 30.000.000 to VND 40.000.000
shall be imposed for the following violations committed during the production
of products/goods for which DoC is required under corresponding technical
regulations: [41]
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b) Failure to register the DoC documentation with a
competent authority;
c) Failure to use or properly use conformity marks
for the goods for which DoC has been issued under regulations when placing them
on the market;
d) Failure to take preventive measures promptly if
the quantity of the goods that are being sold or have been brought in use does
not conform to the issued DoC or the corresponding technical regulations;
dd) Failure to re-declare when there is any change
to contents of the registered DoC documentation or change to utility and
characteristics of goods or services for which DoC has been issued;
e) [42] Using banned additives, chemicals or
antibiotics in production of goods, except for production or preparation for
food;
g) [43] (annulled)
h) [44] (annulled)
3a. [45] A fine
of from VND 50,000,000 to VND 100.000.000 shall be imposed for the following
violations committed during the production or import of goods for which DoC is
required under corresponding technical regulations:
a) Failure to assess the compliance of technical
regulations with imported goods subject to one of the following measures:
certification or assessment carried out by a certification body or assessment
body that has been registered or acknowledged by regulations of law;
self-assessment of compliance carried out by the importer.
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4. A fine equal to 2 – 3 times the total value of
illegal goods consumed shall be imposed if the produced/imported goods do not
conform to the corresponding technical regulations or regulations issued by the
competent authority.
5. [46] (annulled)
6. [47] Remedial measures:
The following remedial measures for the violations
specified in clauses 1, 2, 3, 3a and 4 of this Article shall apply according to
the following order of priority:
a) Compulsory removal from the Socialist Republic
of Vietnam or enforced re-export of imports;
b) Enforced recall and recycling or change of
intended use;
c) Enforced recall and destruction of goods that
cause harm to human’s health, livestock, plants, fishery and environment.
Article 20. Violations against regulations on
quality of goods being sold on the market, except for violations in the field
of food safety [48]
1. The following provisions shall be applied to
impose penalties for violations against regulations on quality of goods of the
seller when they are sold on the market:
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b) Clause 1 Article 18 herein in case of the
violation against regulations on goods not conforming to the standards for
which DoC has been issued;
c) Clause 1 Article 19 herein in case of the
violation against regulations on goods not conforming to the corresponding
technical regulations.
2. The Government’s regulations on penalties for
administrative violations against regulations on trade shall be applied to
impose penalties for production or trade in counterfeit goods.
3. [49] (annulled)
4. A fine of from VND 2,000,000 to VND 5,000,000
shall be imposed for selling goods without conformity marks or lawful
conformity marks while conformity marks are mandatory for such goods.
5. A fine equal to 1 – 2 times the total value of
illegal goods consumed shall be imposed for the sale of goods whose quality is
not conformable with declared standards or applied standards to which
conformity has been declared.
6. [50] A fine equal to 02 – 03 times the total
value of illegal goods consumed shall be imposed for:
a) The replacement, addition or removal of
ingredients or additives, or mixture of impurities that makes the goods quality
inconformable with the declared standards;
b) The sale of goods whose quality is not
conformable to the corresponding technical regulations or regulations issued by
a competent authority;
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7. [51] A fine equal to 3– 5 times the value of
illegal goods consumed shall be imposed for the replacement, addition or
removal of ingredients or additives, or addition of impurities or substances
harmful to human, animals, fishery, property, plants and the environment that
makes the goods quality inconformable with the corresponding technical
regulations or regulations of a competent authority.
8. Additional penalties:
The certificate of eligibility for business shall
be suspended for 1 - 3 months in case of the violation specified in Clauses 7
this Article.
9. [52] Remedial measures:
The following remedial measures for the violations
specified in clauses 5, 6 and 7 of this Article shall apply according to their
order of priority:
a) Mandatory recall and change of intended use;
b) Enforced recall and destruction of goods that
cause harm to human’s health, livestock, plants, fishery and environment.
Article 21. Violations against regulations on
assessment of conformity
1. A fine ranging from 30.000.000 VND to 40.000.000
VND shall be imposed for:
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b) [54] (annulled)
c) Failure to make regular or ad hoc reports at the
request of a competent authority on results of the conformity assessment that has
been registered;
d) Failure to notify through mass media of
issuance, reissue, expansion or reduction of the scope of suspension or
revocation of the certificate of conformity and rights to use conformity marks.
2. A fine of from VND 50.000.000 to VND 100.000.000
shall be imposed for: [55]
a) [56] Assessment of conformity serving state
management when the decision on designation has expired;
b) Assessment of conformity serving state
management beyond the designated scope;
c) Failure to ensure the maintenance of
organizational structures and capacity registered in accordance with
corresponding standards or regulations of the competent authority;
d) Failure to comply with procedures for assessment
of conformity that have been approved or registered;
dd) Failure to carry out regular supervision
assessment of a requesting entity;
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g) Designation of unqualified experts responsible
for assessment of conformity.
3. A fine of from VND 100.000.000 to VND
150.000.000 shall be imposed for: [57]
a) Provision of false conformity assessment
results;
b) Assessment that is not independent and
objective;
c) [58] Assessment of conformity when the
certificate of registration of conformity assessment operation has expired;
d) [59] Assessment of conformity beyond the
registered scope;
4. A fine of from VND 150.000.000 to VND
300.000.000 shall be imposed for: [60]
a) Failure to carry out assessment of conformity
but provision of conformity assessment results;
b) Provision of consulting services for the
requesting entity;
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d) [61] Assessment of conformity when the
certificate of registration of conformity assessment operation has not been
granted by a competent authority;
dd) [62] Assessment of conformity serving state
management beyond the designated scope;
5. [63] Additional penalties:
a) The certificate of registration of conformity
assessment operation shall be suspended for 3 – 6 months in case of the
violations specified in Point b Clause 1, Points c, dd, e and g Clause 2 of
this Article;
b) The certificate of registration of conformity
assessment operation shall be suspended for 6-9 months in case of the
violations specified in Clause 3 and Points a, b and c Clause 4 of this
Article;
c) The decision on designation of conformity
assessment body shall be suspended for 6-12 months in case of the violations
specified in Point b Clause 2, Points a and b Clause 3 and Points a, b and c
Clause 4 this Article;
d) The certificate of registration of conformity
assessment operation shall be suspended for 1-3 months in case of the
violations specified in Point a Clause 1 of this Article.
6. [64] Remedial measures:
a) Enforced revocation of conformity assessment
results in case of the violations specified in Point a Clause 1, Points a, b,
c, d, e and g Clause 2, Clauses 3 and 4 this Article;
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Article 22. Violations against regulations on
provision of training and consulting services in management of quality measurement
standards
1. A fine of from VND 30,000,000 to VND 50,000,000
shall be imposed for:
a) Provision of training or consulting service
without certificate of registration thereof granted or reception of
notification of training qualifications;
b) Provision of training or consulting service
beyond the registered or declared scope.
2. A fine of from VND 50,000,000 to VND 70,000,000
shall be imposed for:
a) Failure to maintain the registered
organizational structure in accordance with corresponding standards or to
declare training qualifications;
b) Failure to comply with training or consulting
process that has been approved or registered;
c) Failure to report results of the provision of
training or consulting service.
3. A fine of from VND 70,000,000 to VND 100,000,000
shall be imposed for provision of training or consulting service in part or
whole without registration of provision thereof or with limitation of training
qualifications.
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The certificate of registration as provider of
training/consulting service shall be suspended for 3 – 6 months in case of the
violations specified in Point b Clause 1, Points a and b Clause 2 and Clauses 3
this Article.
5. Remedial measures:
a) Enforced revocation of the certificate of
completion of training that has been granted in case of the violations
specified in Clause 1 and Point b Clause 2 this Article;
b) Enforced transfer of the illegal profit earned
from commission of the violations specified in Clause 1, Points a and b Clause
2 and Clause 3 this Article to state budget.
Article 23. Violations against regulations on
accreditation
1. [65] A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for failure to make regular or ad hoc reports at
the request of a competent authority on results of the accreditation that has
been registered.
2. A fine of from VND 50.000.000 to VND 100.000.000
shall be imposed for: [66]
a) Failure to maintain the organizational
structure, management system and capacity of the accreditation body;
b) Failure to declare process and procedures for
assessment, accreditation and other relevant requirements therefor;
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d) Failure to make regular or ad hoc reports at the
request of a competent authority on results of the accreditation that has been
registered;
dd) [67] Accreditation when the certificate of
registration as accreditation body has expired.
e) [68]Accreditation beyond the registered scope.
3. A fine of from VND 100.000.000 to VND 150.000.000
shall be imposed for: [69]
a) Failure to carry out regular supervision of the
accredited organization;
b) Accreditation that is not independent and
objective;
c) Provision of consulting service for the
requester;
d) Failure to take remedial measures after
receiving a notification from a competent authority of accreditation of the
conformity assessment body’s violations against regulations of law.
4. A fine of from VND 150.000.000 to VND
300.000.000 shall be imposed for: [70]
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b) Grant or extension of the certificate of
accreditation for the conformity assessment body that violates requirements for
eligibility for conformity assessment operation stated in relevant legislative
documents.
c) [71] Performance of accreditation operation
without a certificate of registration as accreditation body granted by a
competent authority;
5. [72] Additional penalties:
a) The certificate of registration as accreditation
body shall be suspended for 3 – 6 months in case of the violations specified in
Points a, b and c Clause 2 of this Article;
b) The certificate of registration as accreditation
body shall be suspended for 6 – 9 months in case of the violations specified in
Points dd and e Clause 2, Clause 3 of this Article;
c) The certificate of registration as accreditation
body shall be suspended for 9 – 12 months in case of the violations specified
in Points a and b Clause 4 of this Article;
d) The accreditation operation shall be suspended
for 1 - 3 months in case of the violations specified in clause 1 of this
Article.
6. [73] Remedial measures:
a) Enforced revocation of certificates of
accreditation that have been granted in case of the violations specified in
Points a, b, dd, e Clause 2, Points b, c Clauses 3 and 4 this Article;
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Article 24. Violations against regulations on
providing false information about documents related to technical standards and
regulations, measurement and quality of goods
1. A fine of from VND 10,000,000 to VND 30,000,000
shall be imposed for provision of false information about technical standards
and regulations, measurement and quality of goods for consumers or through mass
media.
2. A fine of from VND 30,000,000 to VND 50,000,000
shall be imposed for:
a) Falsification of conformity mark, quantity mark
of pre-packaged goods or the certificate of conformity with
standards/regulations, or DoC, which are displayed or attached on goods or
enclosures;
b) Falsification of the certificate of
certification/testing/assessment/inspection/accreditation,
test/inspection/supervision/assessment results of goods;
c) Falsification of the measuring
instrument/measurement standard inspection/calibration/test results and
certificate;
d) [74] Use of false documents to register as
provider of measuring instrument/measurement standard inspection/calibration/testing
service or apply for provision thereof; register as provider of
certification/testing/assessment/inspection/accreditation/training/consulting/prize
consideration service or apply for being designated as
certification/testing/assessment/inspection body; apply for the certificate of
measurement standards or certificate of measurement inspector; apply for the
certificate of registration as oil and gas blending facility, or registration
of state inspection of the quality of imports, certificate of eligibility for
use of quantity mark on pre-packaged goods labels, license for transportation
of dangerous goods or certificate of barcode use rights;
dd) [75] Falsification of contents of the
certificate of registration as measuring instrument/measurement standard
inspection/calibration/testing service provider; decision on designation of
measuring instrument/measurement standard inspection/calibration/testing body;
certificate of registration as provider of certification/ testing/ assessment/
inspection/ accreditation/ training/ consulting/prize consideration service;
decision on designation of certification/testing/assessment/inspection body;
decision on certification of measurement standards, decision on certification
of, issue of card of measurement inspector; certificate of registration as oil
and gas blending facility; registration of state inspection of the quality of
imports, certificate of eligibility for use of quantity mark on pre-packaged
goods labels; license for transportation of dangerous goods or certificate of
barcode use rights.
3. Additional penalties:
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b) [76] (annulled)
4. Remedial measures:
a) Enforced correction of false information about
the quality of goods through the mass media in case of the violation specified
in Clause 1 this Article;
b) Enforced recall and removal of illegal elements
specified on or attached to goods, measuring instruments, measurement standards
or enclosures. Enforced destruction of goods, measuring instruments or
measurement standards violating the regulations stated in Points a and c Clause
2 this Article if the aforesaid elements fail to be removed.
c) [77] Enforced return of the certificate of
standard conformity; certificate of regulation conformity; conformity mark;
quantity mark on pre-packaged goods; certificate of
certification/testing/assessment/inspection/accreditation, quality
test/inspection/assessment results; stamp, mark or certificate of
inspection/calibration; certificate of registration as measuring
instrument/measurement standard inspection/calibration/testing service
provider; decision on designation of measuring instrument/measurement standard
inspection/calibration/testing body; certificate of registration as
certification/testing/assessment/inspection/accreditation/training/consulting/prize
consideration service provider; decision on designation of
certification/testing/assessment/inspection body; decision on certification of
measurement standards, decision on certification of, issue of card of
measurement inspector; certificate of registration as oil and gas blending
facility; certificate of eligibility for use of quantity mark on pre-packaged
goods; license for transportation of dangerous goods or certificate of barcode
use rights in case of the violations specified in Clause 2 this Article.
Article 25. Violations against regulations on
giving goods quality awards
1. [78] A fine of from VND 30.000.000 to VND
40.000.000 shall be imposed for giving unregistered goods quality awards.
2. A fine of from VND 40,000,000 to VND 70,000,000
shall be imposed for:
a) Consideration and presentation of goods quality
awards not compliant with registered regulations on award consideration;
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c) Failure to provide an application for giving
goods quality awards when required by a competent authority;
d) Failure to report results of giving goods
quality awards when required by a competent authority.
3. [79] A fine ranging from VND 70.000.000 to VND
100.000.000 shall be imposed for:
a) Giving goods quality awards without certificate
of registration thereof granted by a competent authority;
b) Failure to make reports on implementation of
remedial measures for violations at the request of a competent authority.
4. [80] Additional penalties:
The certificate of registration of giving awards
shall be suspended for 3 – 6 months in case of the violations specified in
Clause 1 and Points a, b and c Clause 2 of this Article.
5. [81] Remedial measures:
a) Enforced revocation or removal of the decision
on giving awards; mandatory correction of false information on website in case
of the violations specified in Clause 1, Points a, b and c Clause 2 and Clause
3 this Article;
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Article 26. Violations against regulations on
national quality awards
1. A warning shall be imposed for:
a) Failure to comply with criteria for award
consideration of awarded enterprise within the prescribed time limit;
b) Misuse of the national quality award that has
been given to in a manner that damages its reputation.
2. Remedial measures:
Enforced correction of false information through
transaction documents, commercials or in other manners in case of the violation
specified in Clause 1 this Article.
Article 27. Violations against regulations on
transportation of dangerous goods that are oxidizing agents, organic oxide
compounds and corrosives [82]
1. A fine of from VND 30,000,000 to VND 70,000,000
shall be imposed for:
a) Transportation of dangerous goods without a
license granted by a competent authority;
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c) Transportation of dangerous goods not included
in the license granted;
d) Use of materials used to make packages and
containers of dangerous goods on vehicles not conforming to the regulations or
the declared standards and technical regulations of packages and containers
corresponding to each type of substances, each group of dangerous goods under
the licensing competence;
dd) Transportation of class 5, 7 or 8 - dangerous
goods without certificate of completion of training course on transportation of
dangerous goods according to regulations or use of the expired certificate
thereof by a vehicle driver, storekeeper, escort or person loading and
unloading goods;
e) Transportation of dangerous goods that require
to have escorts without any escorts;
g) Failure to have a declaration of transportation
of dangerous goods made by the hirer and given to the carrier before the goods
are loaded on the vehicles; failure to buy insurance for dangerous goods when
transporting them on railways according to regulations;
h) The carrier’s failure to display the hazard
symbol of the type or group of dangerous goods that are being transported
according to regulations; fully comply with the notification of the hirer and
the regulations in the license for transportation of dangerous goods; buy
insurance in accordance with regulations of the law in case of transportation
on railways;
i) The vehicle driver’s failure to bring documents
on transportation of dangerous goods provided by the hirer according to
regulations; comply with regulations in the license for transportation of
dangerous goods; make and submit records or reports to the People's Committee
of the nearest commune and relevant agencies in order to promptly handle in
case of detection of incidents that threaten the safety of people, vehicles,
environment and other goods or traffic accidents throughout transportation;
report to the superior authority and the hirer for prompt handling in case of
excess of capacity for handling;
k) Failure to take remedial measures for violations
at the request of a competent authority.
2. Additional penalties:
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Article 28. [83] (annulled)
Article 29. Violations against regulations on
oil and gas blending [84]
1. A fine of from VND 40,000,000 to VND 60,000,000
shall be imposed for:
a) Oil and gas blending without registration;
b) Oil and gas blending without a certificate
granted by a competent authority;
c) Use of the expired certificate of registration
as oil and gas blending facility;
d) Use of uncommon additives and preparations for
oil and gas blending without consent of a competent authority;
dd) Blending oil and gas at a location other than
that stated in the certificate of registration as oil and gas blending
facility.
2. Additional penalties:
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b) Confiscation of exhibits used for commission of
the violations mentioned in points b and dd Clause 1 of this Article;
Article 29a. Article
85. Violations against regulations on production and blending of oil and gas
[85]
1. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for:
a) Gas blending without submission of the Self-DoC
with conditions for gas blending according to regulations;
b) Failure to notify the competent authority of the
standards of the additives used for gas blending according to regulations.
2. A fine of from VND 40,000,000 to VND 60,000,000
shall be imposed for:
a) Failure to have a gas quality measurement
laboratory or have a minimum one-year lease contract with a trader or
organization with the registered laboratory in accordance with regulations of
the Law, with a trader or organization qualified to test the criteria on the
quality of gas according to the declared standards and national technical
regulations;
b) Blending gas at a location other than that
specified in the Self-DoC with conditions for gas blending that has been sent
to the competent regulatory authority.
3. Additional penalties:
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Section 3. VIOLATIONS AGAINST REGULATIONS ON
GOODS LABELS AND BARCODES
Article 30. Violations against regulations on
goods labelling in goods business
1. A fine of from VND 500.000 to VND 1.000.000
shall be imposed for the following violations if the illegal goods are worth
VND 5.000.000 or less, except for goods imported into Vietnam having the
original labels with the contents that are illegible but unable to be
recovered/repaired by the importers; goods imported into Vietnam having the
original labels without secondary labels in case of carrying out the customs
clearance procedure: [86]
a) The goods have labels that are obscured, torn,
translucent, illegible, or unable to read all compulsory contents;
b) The goods have labels specifying false letter
and number sizes, language, quantity and measurement units prescribed in
regulations of law on goods labelling.
2. The following fines shall be imposed for the
violations specified in Clause 1 this Article if the illegal goods are worth
over VND 5,000,000:
a) A fine of from VND 1,000,000 to VND 3,000,000 if
the illegal goods are worth from more than VND 5,000,000 to VND 10,000,000;
b) A fine of from VND 3,000,000 to VND 5,000,000 if
the illegal goods are worth from more than VND 10,000,000 to VND 20,000,000;
c) A fine of from VND 5,000,000 to VND 7.000.000 if
the illegal goods are worth from more than VND 20,000,000 to VND 30,000,000;
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dd) A fine of from VND 10.000.000 to VND 15,000,000
if the illegal goods are worth from more than VND 50,000,000 to VND 70.000.000;
e) A fine of from VND 15,000,000 to VND 20,000,000
if the illegal goods are worth from more than VND 70.000.000 to VND
100,000,000;
g) A fine of from VND 20,000,000 to VND 30.000.000
if the illegal goods are worth over VND 100,000,000.
3. [87] Remedial measures:
a) Enforced recall of goods and labelling in
accordance with regulations before being placed; enforced destruction of
illegal labels; enforced destruction or repurposing of goods having illegal
labels if it is impossible to remove the illegal labels from the goods in case
of violations specified in Clauses 1 and 2 of this Article;
b) Enforce return of an amount equal to the value
of exhibits or means used to commit the administrative violations specified in
this Article which have been sold, dispersed or destroyed in contrary to
regulations of law.
Article 31. Violations against regulations on
compulsory contents displayed on goods labels
1. [88] A fine of from VND 500.000 to VND 1.000.000
shall be imposed for the following violations if the illegal goods are worth
VND 5.000.000 or less, except for goods imported into Vietnam having the
original labels with the contents that are illegible but unable to be
recovered/repaired by the importers; goods imported into Vietnam having the
original labels without secondary labels in case of carrying out the customs
clearance procedure:
a) Production, import, transportation, storage of
or trade in goods that have labels (including secondary labels) or enclosures
that do not contain adequate or correct mandatory information in accordance
with regulations of law on goods labelling;
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2. [89] The following fines shall be imposed for
the violations specified in Clause 1 this Article if the illegal goods are
worth over VND 5,000,000:
a) A fine of from VND 1.000.000 to VND 3.000.000
shall be imposed if the illegal goods are worth from VND 5.000.000 to less than
VND 10.000.000;
b) A fine ranging from VND 3,000,000 to VND
7.000.000 shall be imposed if the illegal goods are worth from VND 10.000.000
to less than VND 20.000.000;
c) A fine ranging from VND 7.000.000 to VND
10.000.000 shall be imposed if the illegal goods are worth from VND 20.000.000
to less than VND 30.000.000;
d) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed is the illegal goods are worth from VND 30.000.000
to less than VND 50.000.000;
dd) A fine ranging from VND 15.000.000 to VND
20,000,000 shall be imposed if the illegal goods are worth from VND 50.000.000
to less than VND 70.000.000;
e) A fine ranging from VND 20.000.000 to VND
25.000.000 shall be imposed if the illegal goods are worth from VND 70.000.000
to less than VND 100.000.000;
g) A fine ranging from VND 25.000.000 to VND
30.000.000 shall be imposed if the illegal goods are worth at least VND
100.000.000;
h) A fine of twice as much as the fine prescribed
in Points a, b, c, d, dd, e and g in this Clause shall be imposed for the
following illegal goods: food, food additives, food processing aids, food
preservatives and functional foods.
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a) A fine of from VND 200.000 to VND 400.000 if the
illegal goods are worth VND 1.000.000 or less;
b) A fine of from VND 400.000 to VND 600.000 if the
illegal goods are worth from more than VND 1.000.000 to VND 2.000.000;
c) A fine of from VND 600.000 to VND 1.000.000 if
the illegal goods are worth from more than VND 2.000.000 to VND 3.000.000;
d) A fine of from VND 1.000.000 to VND 2.000.000 if
the illegal goods are worth from more than VND 3.000.000 to VND 5.000.000;
dd) A fine of from VND 2.000.000 to VND 3.000.000
if the illegal goods are worth from more than VND 5.000.000 to VND 10.000.000;
e) A fine of from VND 3.000.000 to VND 5.000.000 if
the illegal goods are worth from more than VND 10.000.000 to VND 20.000.000;
g) A fine of from VND 5.000.000 to VND 7.000.000 if
the illegal goods are worth from more than VND 20.000.000 to VND 30.000.000;
h) A fine of from VND 7.000.000 to VND 10.000.000
if the illegal goods are worth from more than VND 30.000.000 to VND 40.000.000;
i) A fine of from VND 10,000,000 to VND 15,000,000
if the illegal goods are worth from more than VND 40,000,000 to VND 50,000,000;
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l) A fine of from VND 20,000,000 to VND 30,000,000
if the illegal goods are worth from more than VND 70,000,000 to VND
100,000,000;
m) A fine of from VND 30,000,000 to VND 40,000,000
if the illegal goods are worth over VND 100,000,000;
n) [91] The fines of twice as much as the fines
prescribed in Points a, b, c, d, dd, e and g in this Clause shall be imposed if
the illegal goods are food, food additives, food processing aids, food preservatives,
preventive and curative medicines for humans, functional foods and cosmetics;
detergents, insecticides, disinfectant used in household and medical,
veterinary drugs, fertilizers, cement, feedstuff, aquatic feed, treatment
products for aquaculture environment, pesticides, growth promoters, crop
varieties and breeds of livestock, aquatic breeds and conditional goods.
4. [92] The following fines shall be imposed for
trade in goods without mandatory labels; without original labels or with
original labels that do not contain adequate and correct mandatory information
or with falsified original labels:
a) A fine ranging from VND 1.000.000 to VND
3,000,000 shall be imposed if the illegal goods are worth less than VND
5.000.000;
b) A fine ranging from VND 3,000,000 to VND
5.000.000 shall be imposed if the illegal goods are worth from VND 5.000.000 to
less than VND 10.000.000;
c) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed if the illegal goods are worth from VND 10.000.000
to less than VND 20.000.000;
d) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed if the illegal goods are worth from VND 20.000.000
to less than VND 30.000.000;
dd) A fine ranging from VND 15.000.000 to VND
25,000,000 shall be imposed if the illegal goods are worth from VND 30.000.000
to less than VND 50.000.000;
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g) A fine ranging from VND 35.000.000 to VND
50,000,000 shall be imposed if the illegal goods are worth from VND 70,000,000
to less than VND 100,000,000;
h) A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed if the illegal goods are worth at least VND
100,000,000;
i) The fines of twice as much as the fines
prescribed in Points a, b, c, d, dd, e, g and h in this Clause shall be imposed
for the following illegal goods: food, food additives, food processing aids,
food preservatives and functional foods.
5. [93] (annulled)
6. [94] (annulled)
7. [95] Additional penalties:
a) Exhibits used for commission of violations which
are goods with their labels displaying images or contents related to the
sovereignty disputes and other sensitive contents that may affect security,
politics, economy, society, diplomatic relations and Vietnamese custom shall be
confiscated in case of the violations specified in Clause 3 of this Article;
b) The license or practicing certificate shall be
suspended for 1 - 3 months in case of the violations specified in this Clauses
3, 4 of this Article.
8. [96] Remedial measures:
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b) Enforced recall of goods and enforced
destruction of images, drawings, writings, signs, symbols, medals, prizes and
other information that are not true to nature or fact of such goods; enforced
recall and destruction of goods having fraudulent use duration on goods labels;
or expired goods in case of the violations specified in Clause 3 of this
Article;
c) Enforce return of an amount equal to the value
of exhibits or means used for commission of the violations specified in this
Article which have been sold, dispersed or destroyed in contrary to regulations
of law.
Article 32. Violations against regulations on
use of barcodes
1. A fine of from VND 2.000.000 to VND 5.000.000
shall be imposed for:
a) Failure to re-register with a competent
authority when there is a change in the transaction name or address on the
business license or failure to notify in writing when the certificate of
barcode use rights is lost or damaged;
b) [97] Use of barcodes in case of the expired
certificate of barcode use rights;
c) Failure to present legal documents proving
rights to use barcodes at the request of a competent authority;
d) Failure to declare and update the list of used
Global Trade Item Numbers (GTINs) and Global Location Numbers (GLNs) to the
competent authority;
dd) [98] (annulled)
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g) [100] (annulled)
1a. [101]
Failure to pay for the maintenance cost of using barcodes in accordance with
regulations.
a) A fine equal to 1
to 3 times the amount of the maintenance cost of using barcodes. The maximum
fine is VND 50.000.000;
b) Remedial measures
Enforced payment for
the maintenance cost of using barcodes in accordance with regulations.
2. A fine of from VND 6.000.000 to VND 10,000,000
shall be imposed for:
a) Use of the 893 prefix (GS1 country code of
Vietnam) without grant of rights to use barcodes by a competent authority;
b) Use of revoked barcodes;
c) Sale or transfer of granted barcodes.
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a) [102] Use of foreign barcodes to print on
produced/processed/packaged/extracted goods in Vietnam without permission given
by the foreign organization possessing such barcodes to use in Vietnam;
b) Use of signs that make it difficult to
distinguish from barcodes of a competent regulatory authority and the GS1.
4. A fine of from VND 20,000,000 to VND 50,000,000
shall be imposed for:
a) Provision or use of sources of data on barcodes
not in line with those of a competent regulatory authority in Vietnam and the
GS1;
b) [103] Provision of false information about the
owner or user of legal barcodes that are granted by a competent regulatory
authority in Vietnam.
c) [104] Development and provision of services,
solutions and applications based on barcodes of a competent regulatory
authority in Vietnam without permission.
5. The fines for trade in goods violating
regulations on barcodes:
a) A fine of from VND 500.000 to VND 1.000.000 if
the illegal goods are worth VND 10.000.000 or less;
b) A fine of from VND 1,000,000 to VND 2,000,000 if
the illegal goods are worth from more than VND 10,000,000 to VND 20,000,000;
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d) A fine of from VND 3.000.000 to VND 5.000.000 if
the illegal goods are worth from more than VND 30.000.000 to VND 50.000.000;
dd) A fine of from VND 5.000.000 to VND 7.000.000
if the illegal goods are worth from more than VND 50.000.000 to VND 70.000.000;
e) A fine of from VND 7.000.000 to VND 10.000.000
if the illegal goods are worth from more than VND 70.000.000 to VND
100.000.000;
g) A fine of from VND 10,000,000 to VND 15.000.000
if the illegal goods are worth over VND 100,000,000.
6. [105] Remedial measures:
a) Enforced recall of products, goods and
destruction of illegal barcodes; enforced destruction of goods having illegal
labels if it is impossible to remove the illegal barcodes from the products,
goods in case of the violations specified in Clauses 2 and 3 of this Article;
b) Enforced return of illegal profits obtained from
the commission of the violation specified in Clause 4 of this Article.
Article 33. Violations against regulations on
use and issuance of certificates of barcode use rights
1. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for:
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b) Use of the certificate of barcode use rights not
issued by a competent authority.
2. Remedial measures:
The certificate of barcode use rights shall be
revoked in case of the violation specified in Clause 1 this Article.
Chapter III
POWER TO MAKE REPORTS AND IMPOSE PENALTIES FOR
ADMINISTRATIVE VIOLATIONS
Article 34. Power to impose penalties of
inspectors and entities responsible for conducting scientific and technological
inspections
1. Inspectors and entities responsible for
conducting scientific and technological inspections in the performance of their
duties are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 500.000 upon an
individual and VND 1.000.000 upon an organization;
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d) Impose remedial measures in case of the
administrative violation specified in Point a Clause 3 Article 2 herein.
2. Chief inspectors of provincial Departments of
Science and Technology; Chiefs of inspectorates of provincial Departments of
Science and Technology; Directors of Departments of Standards, Metrology and
Quality of districts/cities; Directors of Central Departments of Management of
Goods and Product Quality and Directors of Southern Departments of Management
of Goods and Product Quality affiliated to Departments of Management of Goods
and Product Quality; Chiefs of inspectorates of Departments of Standards,
Metrology and Quality of districts/cities and Chiefs of inspectorates of the
Directorate for Standards, Metrology and Quality shall have the power to: [107]
a) Issue warnings;
b) Impose a maximum fine of VND 50.000.000 upon an
individual and VND 100.000.000 upon an organization;
c) Suspend violators’ operation, licenses or
practicing certificates;
d) [108] Confiscate exhibits and/or means used for
commission of administrative violations, with value of not over VND 100.000.000
upon an individual, or VND 200.000.000 upon an organization;
dd) Impose remedial measures in case of the
administrative violation specified in Clause 3 Article 2 herein.
3. Chief of inspectorate of the Ministry, Director
of Department of Management of Goods and Product Quality affiliated to
Directorate for Standards, Metrology and Quality according to their functions,
powers and tasks that are assigned shall have the power to: [109]
a) Issue warnings;
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c) Suspend violators’ operation, licenses or
practicing certificates;
d) [110] Confiscate exhibits and/or means used for
commission of administrative violations in the metrology field, with value of
not over VND 140.000.000 upon an individual, VND 280.000.000 upon an
organization; standards and quality of products and goods, with value of not
over 210.000.000 upon an individual, VND 420.000.000 upon an organization;
dd) Impose remedial measures in case of the
administrative violation specified in Clause 3 Article 2 herein.
4. Chief inspector of the Ministry of Science and
Technology and Director of the Directorate for Standards, Metrology and Quality
are entitled to:
a) Issue warnings;
b) Impose the maximum fine under provisions stated
herein;
c) Suspend violators’ operation, licenses or
practicing certificates;
d) Confiscate exhibits and means used for
commission of administrative violations;
dd) Impose remedial measures in case of the
administrative violation specified in Clause 3 Article 2 herein.
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1. Chairpersons of People’s Committees of communes
are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 5.000.000 upon an
individual and VND 10.000.000 upon an organization;
c) [111] Confiscate the exhibit or mean used for
commission of an administrative violation whose value does not exceed VND
10.000.000 in case the violator is an individual, or VND 20.000.000 in case the
violator is an organization;
d) Impose remedial measures in case of the
administrative violation specified in Point a Clause 3 Article 2 herein.
2. Chairpersons of People’s Committees of districts
are entitled to:
a) Issue warnings;
b) [112] Impose a fine of VND 50,000,000 upon an
individual and VND 100,000,000 upon an organization in the metrology field, a
fine of VND 75.000.000 upon an individual and VND 150.000.000 upon an
organization in the field of standards and quality of products and goods;
c) Suspend violators’ operation, decisions,
licenses or certificates granted by competent authorities;
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dd) Impose remedial measures in case of the
administrative violation specified in Point a, c, dd, e, g, h and i Clause 3
Article 2 herein.
3. Chairpersons of People’s Committees of provinces
are entitled to:
a) Issue warnings;
b) Impose the maximum fine under provisions stated
herein;
c) Suspend violators’ operation, decisions,
licenses or certificates granted by competent authorities;
d) Confiscate exhibits and means used for
commission of administrative violations;
dd) Impose remedial measures in case of the
administrative violation specified in Clause 3 Article 2 herein.
Article 36. Power to impose penalties of the
People's Police authorities
1. The People’s Police officers in the performance
of their duties are entitled to:
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b) Impose a maximum fine of VND 500.000 upon an
individual and VND 1,000,000 upon an organization.
2. Heads of company-level Mobile Police Units,
Captains of police stations of the police officers specified in Clause 1 this
Article shall have the power to: [114]
a) Issue warnings;
b) Impose a maximum fine of VND 1.500.000 upon an
individual and VND 3,000,000 upon an organization.
3. Heads of
Communal-level Police Authorities, Police Stations of Border Checkpoints and
Export-Processing Zones, Chiefs of International Airport Border Gate Police,
Commanders of Mobile Police Battalions, Squadron Leaders shall have the power
to: [115]
a) Issue warnings;
b) Impose a maximum fine of VND 2.500.000 upon an individual
and VND 5.000.000 upon an organization;
c) [116] Confiscate exhibits and/or means used for
commission of administrative violations, with value of not over VND 5.000.000
upon an individual, VND 10.000.000 upon an organization;
d) Impose remedial measures in case of the
administrative violation specified in Point a Clause 3 Article 2 herein.
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a) Issue warnings;
b) Impose a maximum fine of VND 25.000.000 upon an
individual and VND 50.000.000 upon an organization;
c) Suspend violators’ operation, decisions,
licenses or certificates granted by competent authorities;
d) [118] Confiscate exhibits and/or means used for
commission of administrative violations, with value of not over VND 50.000.000
upon an individual, or VND 100.000.000 upon an organization;
dd) Impose remedial measures in case of the
administrative violation specified in Points a, g, h and i Clause 3 Article 2
herein.
5. Directors of provincial Police Departments are
entitled to:
a) Issue warnings;
b) [119] Impose a fine of VND 50,000,000 upon an
individual and VND 100,000,000 upon an organization in the metrology field, a
fine of VND 75.000.000 upon an individual and VND 150.000.000 upon an
organization in the field of standards and quality of products and goods;
c) Suspend violators’ operation, decisions,
licenses or certificates granted by competent authorities;
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dd) Impose remedial measures in case of the
administrative violation specified in Points a, dd, g, h and i Clause 3 Article
2 herein.
6. Director of the Internal Political Security
Department, Director of Economic Security Department, Director of Police
Department for Administrative Management of Social Order, Director of Police
Department for Investigation into Social Order-related Crimes, Director of
Police Department for Investigation into Corruption, Economy and
Smuggling-related Crimes, Director of Police Department for Investigation into Drug-related
Crimes, Director of Police Department for Investigation into Drug-related
Crimes, Director of Police Traffic Department, Director of Environment Police
Department, Director of Department of Cybersecurity and Hi-tech Crime
Prevention and Control, Director of Immigration Department shall have the power
to: [121]
a) Issue warnings;
b) Impose the maximum fine under provisions stated
herein;
c) Suspend violators’ operation, decisions,
licenses or certificates granted by competent authorities;
d) [122] Confiscate exhibits and/or means used for
commission of administrative violations;
dd) Impose remedial measures in case of the
administrative violation specified in Points a, dd, g, h and i Clause 3 Article
2 herein.
Article 37. Power to impose penalties of customs
authorities
1. Customs officials in the performance of their
duties are entitled to:
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b) Impose a maximum fine of VND 500.000 upon an
individual and VND 1,000,000 upon an organization.
2. Team leaders and
squad leaders of Sub-departments of Customs; squad leaders of Control Teams of
Customs Departments of provinces and inter-provinces; team leaders of Post
Clearance Audit Sub-Departments shall have the power to: [123]
a) Issue warnings;
b) Impose a maximum fine of VND 5.000.000 upon an
individual and VND 10.000.000 upon an organization.
3. Directors of
Sub-departments of Customs; Directors of Post Clearance Audit Sub-Departments;
team leaders of Control Teams of Customs Departments of provinces and inter-provinces;
team leaders of Criminal Investigation Teams; team leaders of Anti-smuggling
Control Teams; Commanders of Sea Patrol Squadrons and Team leaders of
Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams
affiliated to the Anti-Smuggling and Investigation Department; Directors of
Post Clearance Audit Sub-Departments affiliated to Post Clearance Audit
Department shall have the power to: [124]
a) Issue warnings;
b) Impose a maximum fine of VND 25,000,000 upon an
individual and VND 50,000,000 upon an organization;
c) [125] Confiscate the exhibit or mean used for
commission of an administrative violation whose value does not exceed VND
50.000.000 in case the violator is an individual, or VND 100.000.000 in case
the violator is an organization;
d) Impose remedial measures in case of the
administrative violation specified in Points a, b, d, dd, g, h and i Clause 3
Article 2 herein.
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a) Issue warnings;
b) Impose a maximum fine of VND 50,000,000 upon an
individual and VND 100.000.000 upon an organization;
c) Suspend violators’ operation, licenses or
practicing certificates;
d) [126] Confiscate exhibits and/or means used for
commission of administrative violations;
dd) Impose remedial measures in case of the
administrative violation specified in Points a, b, d, dd, g, h and i Clause 3
Article 2 herein.
5. Director of General Department of Customs is
entitled to:
a) Issue warnings;
b) Impose the maximum fine under provisions stated
herein;
c) Confiscate exhibits and equipment used for
commission of administrative violations;
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Article 38. Power to impose penalties of the
market surveillance authorities
1. Market surveillance officials in the performance
of their duties are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 500.000 upon an
individual and VND 1,000,000 upon an organization.
2. Leaders of market surveillance teams are
entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 25,000,000 upon an
individual and VND 50,000,000 upon an organization;
c) [127] Confiscate the exhibit or mean used for
commission of an administrative violation whose value does not exceed VND
50.000.000 in case the violator is an individual, or VND 100.000.000 in case
the violator is an organization;
d) Impose remedial measures in case of the
administrative violation specified in Points a, c, d, dd, e, g, h and i Clause
3 Article 2 herein.
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a) Issue warnings;
b) Impose a maximum fine of VND 50,000,000 upon an
individual and VND 100.000.000 upon an organization;
c) [129] Confiscate exhibits and/or means used for
commission of administrative violations;
d) Suspend violators’ operation, licenses or
certificates;
dd) Impose remedial measures in case of the administrative
violation specified in Clause 3 Article 2 herein.
4. Director General of Vietnam Directorate of
Market Surveillance shall have the power to: [130]
a) Issue warnings;
b) Impose the maximum fine under provisions stated
herein;
c) Confiscate exhibits and/or means used for
commission of administrative violations;
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dd) Impose remedial measures in case of the
administrative violation specified in Clause 3 Article 2 herein.
Article 39. Power to impose penalties of the
border guard forces
1. Border guard soldiers in the performance of
their duties are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 500.000 upon an
individual and VND 1,000,000 upon an organization.
2. Team leaders of the border guard soldiers
specified in Clause 1 this Article are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 2.500.000 upon an
individual and VND 5.000.000 upon an organization.
2a. [131]
Team leaders of Crime and Drug Prevention and Control Task Forces affiliated to
Crime and Drug Prevention and Control Brigades shall have the power to:
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b) Impose a maximum fine of VND 10,000,000 upon an
individual and VND 20.000.000 upon an organization;
c) Confiscate exhibits and/or means used for
commission of administrative violations, with value of not over VND 20.000.000
upon an individual, VND 40.000.000 upon an organization;
d) Impose remedial measures in case of the
administrative violations specified in Points a, g, h and i Clause 3 Article 2
herein.
3. Heads of Border-guard posts, Commanders of
Border-guard Flotillas and Commanders of Port Border Guards shall have the
power to: [132]
a) Issue warnings;
b) Impose a maximum fine of VND 20,000,000 upon an
individual and VND 40.000.000 upon an organization for committing a
measurement-related violation; VND 25.000.000 upon an individual and VND
50.000.000 upon an organization for committing a product quality-related
violation;
c) [133] Confiscate exhibits and/or means used for
commission of administrative violations in the metrology field, with value of
not over VND 40.000.000 upon an individual, VND 80.000.000 upon an
organization; standards and quality of products and goods, with value of not over
210.000.000 upon an individual, VND 420.000.000 upon an organization;
d) [134] Enforce the remedial measures mentioned in
Points a, b, g, h and i Clause 3 Article 2 of this Decree.
3a. [135]
The leaders of the Drug and Crime Prevention and Control Task Forces under the
Drugs and Crime Prevention Departments of the Border Guard Commands have the
power to:
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b) Impose a maximum fine of VND 50,000,000 upon an
individual and VND 100,000,000 upon an organization for committing a
measurement-related violation; VND 75.000.000 upon an individual and VND
150,000,000 upon an organization for committing a product quality-related
violation;
c) Confiscate exhibits and/or means used for
commission of administrative violations in the metrology field, with value of
not over VND 100.000.000 upon an individual, VND 200.000.000 upon an
organization; in the field of standards and quality of products and goods, with
value of not over 150.000.000 upon an individual, VND 300.000.000 upon an
organization;
d) Enforce remedial measures in case of the
administrative violations specified in Points a, b, dd, g, h and i Clause 3
Article 2 herein.
4. Commanders of provincial-level Border Guard Forces,
Commanders of Coastguard Squadrons, Director of Crime and Drug Prevention and
Control Department of Border Guard High Command shall have the power to: [136]
a) Issue warnings;
b) Impose the maximum fine under provisions stated
herein;
c) Suspend violators’ operation, licenses or
practicing certificates;
d) Confiscate exhibits and/or means used for
commission of administrative violations;
dd) [137] Enforce remedial measures in case of the
administrative violations specified in Points a, b, dd, g, h and i Clause 3
Article 2 herein.
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1. Coastguard officers in the performance of their
duties are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 1.500.000 upon an
individual and VND 3.000.000 upon an organization;
2. Coastguard team leaders are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 5.000.000 upon an
individual and VND 10.000.000 upon an organization.
3. Coastguard squad leaders and captains of
coastguard stations are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 10,000,000 upon an
individual and VND 20.000.000 upon an organization;
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4. Commanders of coastguard platoons are entitled
to:
a) Issue warnings;
b) Impose a maximum fine of VND 20,000,000 upon an
individual and VND 40.000.000 upon an organization for committing a
measurement-related violation; VND 25.000.000 upon an individual and VND
50.000.000 upon an organization for committing a product quality-related
violation;
c) [138] Confiscate exhibits and/or means used for
commission of administrative violations in the metrology field, with value of
not over VND 40.000.000 upon an individual, VND 80.000.000 upon an
organization; in the field of standards and quality of products and goods, with
value of not over 50.000.000 upon an individual, VND 100.000.000 upon an
organization;
d) Impose remedial measures in case of the
administrative violations specified in Points a, b, g, h and i Clause 3 Article
2 herein.
5. Commanders in chief of Coastguard Squadrons,
Commanders of Reconnaissance Brigades, Commanders of Crime and Drug Prevention
and Control Brigades affiliated to Vietnam Coast Guard shall have the power to:
[139]
a) Issue warnings;
b) Impose a maximum fine of VND 30,000,000 upon an
individual and VND 60.000.000 upon an organization for committing a
measurement-related violation; VND 45.000.000 upon an individual and VND
90.000.000 upon an organization for committing a product quality-related
violation;
c) [140] Confiscate exhibits and/or means used for
commission of administrative violations in the metrology field, with value of
not over VND 60.000.000 upon an individual, VND 120.000.000 upon an
organization; in the field of standards and quality of products and goods, with
value of not over 90.000.000 upon an individual, VND 180.000.000 upon an
organization;
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6. [141] Commanders of Regional Coast Guards,
Director of Operation and Law Department affiliated to Vietnam Coast Guard
shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 50,000,000 upon an
individual and VND 100,000,000 upon an organization for committing a
measurement-related violation; VND 75.000.000 upon an individual and VND
150,000,000 upon an organization for committing a product quality-related
violation;
c) Suspend violators’ licenses or practicing
certificates;
d) Confiscate exhibits and/or means used for
commission of administrative violations;
dd) Enforce the remedial measures in case of the
administrative violation specified in Points a, b, g, h and i Clause 3 Article
2 herein.
7. Commander of Coastguard Headquarters is entitled
to:
a) Issue warnings;
b) Impose the maximum fines for corresponding
fields under the provisions of Article 24 herein;
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d) Confiscate exhibits and/or means used for
commission of administrative violations;
dd) Impose remedial measures in case of the
administrative violation specified in Points a, b, g, h and i Clause 3 Article
2 herein.
Article 41. Power to impose penalties of
inspectors and entities responsible for conducting other inspections
1. Inspectors and entities responsible for
conducting other inspections in the performance of their duties are entitled
to:
a) Issue warnings;
b) Impose a maximum fine of VND 500.000 upon an
individual and VND 1.000.000 upon an organization;
c) [142] Confiscate the exhibit or mean used for
commission of an administrative violation whose value does not exceed VND
1.000.000 in case the violator is an individual, or VND 2.000.000 in case the
violator is an organization;
d) Impose remedial measures in case of the
administrative violation specified in Point a Clause 3 Article 2 herein.
2. Chief Inspectors of Provincial Departments,
Directors of Provincial Food Safety and Hygiene Authorities affiliated to
Department of Health, Directors of Regional Animal Health Offices, Directors of
Area Animal Quarantine Branches affiliated to Department of Animal Health,
Directors of Regional Plant Quarantine Sub-Departments affiliated to Plant
Protection Department, Directors of Agro-Forestry-Fisheries Quality Assurance
Sub- Departments in Central and Southern Vietnam affiliated to National
Agro-Forestry-Fisheries Quality Assurance Department, Directors of Provincial
Crop Production and Plant Protection Authorities, Directors of Provincial
Departments of Livestock Production and Veterinary Medicine, Directors of
Provincial Departments of Fisheries, Directors of Agro-Forestry-Fisheries
Quality Assurance Sub-Departments affiliated to Department of Agriculture and
Rural Development, Directors of Regional Radio Frequency Centers shall have the
power to: [143]
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b) Impose a maximum fine of VND 50.000.000 upon an
individual and VND 100.000.000 upon an organization;
c) Suspend violators’ operation, licenses or
practicing certificates;
d) [144] Confiscate exhibits and/or means used for
commission of administrative violations, with value of not over VND 100.000.000
upon an individual, or VND 200.000.000 upon an organization;
dd) Impose remedial measures in case of the
administrative violation specified in Clause 3 Article 2 herein.
3. Chiefs of inspectorates of provincial
authorities and other regulatory bodies have the power to impose penalties
specified in Clause 2 this Article.
4. Chiefs of inspectorates of ministries are
entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND 70,000,000 upon an
individual and VND 140,000,000 upon an organization for committing a
measurement-related violation; VND 105.000.000 upon an individual and VND
210,000,000 upon an organization for committing a product quality-related
violation;
c) Suspend violators’ operation, licenses or
practicing certificates;
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dd) Enforce remedial measures in case of the
administrative violation specified in Clause 3 Article 2 herein.
5. Chief Inspectors of Ministries, ministerial
authorities, 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, Directors of Department of Work Safety, Vietnam Chemicals
Agency, Industrial Safety Techniques and Environment Agency, Industry Agency,
Viet Nam Competition and Consumer Authority, Department of Animal Health, Plant
Protection Department, Department of Crop Production, Department of Livestock
production, National Agro - Forestry - Fisheries Quality Assurance Department,
Agrotrade Vietnam, Authority of Radio Frequency Management, Authority of
Broadcasting and Electronic Information, Authority of Press, Department of
Publication, Printing and Distribution of Viet Nam, Drug Administration of Vietnam,
Department of Medical Service Administration, Health Environment Management
Agency, General Department of Preventive Medicine and Vietnam Food Safety
Authority shall have the power to: [146]
a) Issue warnings;
b) Impose the maximum fine under provisions stated
herein;
c) Suspend violators’ operation, licenses or
practicing certificates;
d) Confiscate exhibits and/or means used for
commission of administrative violations;
dd) Enforce remedial measures in case of the
administrative violation specified in Clause 3 Article 2 herein.
Article 42. Distribution of power of inspectors,
entities responsible for conducting scientific and technological inspections,
Chairpersons of People’s Committees, the police, customs, market surveillance
authorities, border guard, coastguard, inspectors and entities responsible for
conducting other inspections
1. Inspectors have the power to impose penalties
and entities responsible for conducting scientific and technological
inspections have the power to make reports, impose penalties and remedial
measures on all administrative violations specified herein within the power
stated in Article 34 herein and within the scope of their functions, tasks, and
entitlements.
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3. Police officers have the power to make reports,
impose penalties and remedial measures for all administrative violations
specified herein within the power stated in Article 36 herein and within the
scope of their functions, tasks, and entitlements.
4. Customs officials specified in Article 37 herein
have the power to make reports, impose penalties and remedial measures on
violations against regulations on standards, measurement and quality of goods
stated herein and found in the areas under their management that the
Government's Decree on penalties for administrative violations against
regulations on customs has not regulated.
5. Market surveillance officials have the power to
make reports, impose penalties and remedial measures on administrative
violations specified in Article 5, Article 6, Article 7, Article 9, Article 10,
Article 14, Article 15, Article 16, Article 17, Article 18, Article 19, Article
20, Article 24, Article 27, Article 28, Article 29, Article 30, Article 31 and
Article 32 herein within the power stipulated in Article 38 herein and the scope
of their functions, tasks and entitlements.
6. Border guard officers have the power to make
reports, impose penalties and remedial measures on administrative violations
related to the sale specified in Article 5, Article 7, Article 9, Article 15,
Article 16, Article 17, Article 18, Article 19, Article 20, Article 24, Article
27, Article 29, Article 30, Article 31 and Article 32 herein within the power
stipulated in Article 39 herein and the scope of their functions, tasks and
entitlements.
7. Coastguard officers have the power to make
reports, impose penalties and remedial measures on administrative violations
related to the sale specified in Article 5, Article 7, Article 9, Article 10,
Article 14, Article 15, Article 16, Article 17, Article 18, Article 19, Article
20, Article 24, Article 27, Article 29, Article 30, Article 31 and Article 32
herein within the power stipulated in Article 40 herein and the scope of their
functions, tasks and entitlements.
8. Inspectors and entities responsible for conducting
other inspections have the power to make reports, impose penalties and remedial
measures for administrative violations specified herein within the power
stipulated in Article 41 herein and the scope of their functions, tasks and
entitlements.
Article 43. Entities having the power to make
reports on administrative violations
1. [147]
Holders of the positions mentioned in Article 34, Article 35, Article 36,
Article 37, Article 38, Article 39, Article 40 and Article 41 herein, persons
in the People's Army of Vietnam and the People's Public Security Forces,
officials and public employees in the performance of their duties when
detecting administrative violations against regulations on standards,
measurement and quality of goods shall have the power to make reports on such
administrative violations according to regulations.
2. Chiefs of inspectorates of standards,
measurement and quality of goods have the power to make reports on
administrative violations and transfer the documents thereon to competent
authorities for imposing penalties.
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IMPLEMENTATION CLAUSES [148]
Article 44. Effect
This Decree comes into force from December 15,
2017.
This Decree replaces the Government’s Decree No.
80/2013/ND-CP dated July 19, 2013 on penalties for administrative violations
against regulations on standards, measurement and quality of goods.
Article 45. Transitional provisions
Where the administrative violation against
regulations on standards, measurement and quality of goods is committed before
the effective date of this Decree and is detected or considered for settlement
later, favourable provisions shall apply to the violating entity.
Article 46. Implementation
1. The Minister of Science and Technology shall
provide guidelines for and implement this Decree.
2. Ministers, heads of ministerial and governmental
authorities, Chairpersons of People’s Committees of
provinces/central-affiliated cities and relevant authorities, organizations and
individuals shall implement this Decree./.
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CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Pham Cong Tac
[1]
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain Articles of Decrees on administrative penalties in industrial
property; standards, measurement and quality of goods; science and technology
activities, technology transfers; atomic energy, which comes into force from
January 01, 2022, is pursuant to:
“ Law on Governmental Organization dated
June 19, 2015; Law on amendments to the Law on Governmental Organization and
the Law on Local Government Organization dated November 22, 2019;
Law on Handling of Administrative Violations
dated June 20, 2012; Law on amendments to certain Articles of the Law on
Handling of Administrative Violations dated November 13, 2020;
Law on intellectual property of Vietnam dated
November 29, 2005; Law on amendments to the Law on intellectual property of
Vietnam dated June 19, 2009; Law on amendments to the Law on Insurance Business
of Vietnam, the Law on Intellectual Property of Vietnam dated June 14, 2019;
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Law on Quality of Products and
Goods dated November 21, 2007;
Law on Measurement dated
November 11, 2011;
Law on Science and Technology dated June 18,
2013;
Law on Technology Transfer of Vietnam dated June
19, 2017;
Pursuant to the Law on Atomic
Energy of Vietnam dated June 3, 2008;
At the proposal of Minister of
Science and Technology of Vietnam;
The Government of Vietnam promulgates a Decree
on amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy.”
[2]
This Clause is amended as prescribed in Clause 1 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[3]
This Point is amended as prescribed in Clause 2 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
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[5]
This Point is supplemented as prescribed in Point b Clause 3 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[6]
This Point is amended as prescribed in Point c Clause 3 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[7]
This Point is supplemented as prescribed in Clause 4 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[8]
This Point is annulled as prescribed in Clause 2 Article 5 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[9]
This Point is amended as prescribed in Clause 5 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[10]
This Point is amended as prescribed in Clause 6 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[11]
This Clause is amended as prescribed in Clause 7 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[12]
This Clause is supplemented as prescribed in Clause 8 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[13]
This Clause is amended as prescribed in Clause 9 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
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[15]
This Point is supplemented as prescribed in Clause 11 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[16]
This Clause is amended as prescribed in Clause 12 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[17]
This Clause is amended as prescribed in Clause 13 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain
articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[18]
This Clause is amended as prescribed in Clause 14 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[19]
This Clause is amended as prescribed in Clause 15 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[20]
This Clause is amended as prescribed in Clause 16 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[21]
This Point is amended as prescribed in Clause 17 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[22]
This Clause is amended as prescribed in Clause 18 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[23]
[24] These Points are amended as prescribed in Clause 19 Article 2
of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments
to certain articles of Decrees on administrative penalties in industrial
property; standards, measurement and quality of goods; science and technology
activities, technology transfers; atomic energy, which comes into force from
January 01, 2022.
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[26]
This Clause is amended and supplemented as prescribed in Clause 21 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and technology
activities, technology transfers; atomic energy, which comes into force from
January 01, 2022.
[27]
This Clause is supplemented as prescribed in Clause 22 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[28]
This Point is supplemented as prescribed in Clause 23 Article 2 of Decree
No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[29]
This Clause is amended and supplemented as prescribed in Clause 24 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[30]
This Clause is supplemented as prescribed in Clause 25 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[31]
This Clause is amended as prescribed in Clause 26 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[32]
This Point is amended as prescribed in Clause 27 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[33]
This Clause is amended and supplemented as prescribed in Clause 28 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[34]
This Clause is supplemented as prescribed in Clause 29 Article 2 of Decree
No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
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[36]
This Point is amended and supplemented as prescribed in Clause 31 Article
2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[37]
Paragraph “2. A fine of from VND 5,000,000 to VND 15,000,000 shall be imposed
for the production or import of goods violating declaration of standard
conformity:” is amended and supplemented by Paragraph “2. A fine of from VND
10.000.000 to VND 20.000.000 shall be imposed on the following violations
against regulations on issuance of DoC committed during the production or
import of goods:” according to regulations in Point a Clause 32 Article 2 of
Decree No. 126/2021/ND-CP.
[38]
This Point is supplemented as prescribed in Point b Clause 32 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[39]
This Clause is amended as prescribed in Point c Clause 32 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[40]
This Clause is supplemented as prescribed in Point a Clause 33 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[41]
Paragraph “3. A fine of from VND 30,000,000 to VND 40,000,000 shall be
imposed for the production or import of goods whose declaration of regulation
conformity is required according to corresponding technical regulations:” is
amended by Paragraph “3. A fine of from VND 30.000.000 to VND 40.000.000 shall
be imposed on the following violations committed during the production of
products/goods for which DoC is required under corresponding technical
regulations:” according to regulations in Point b Clause 33 Article 2 of Decree
No. 126/2021/ND-CP.
[42]
This Point is amended and supplemented as prescribed in Point c Clause 33
Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the
Government on amendments to certain articles of Decrees on administrative
penalties in industrial property; standards, measurement and quality of goods;
science and technology activities, technology transfers; atomic energy, which
comes into force from January 01, 2022.
[43]
[44] These Points are annulled as prescribed in Clause 2 Article 5
of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[45]
This Clause is supplemented as prescribed in Point d Clause 33 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
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[47]
This Clause is amended as prescribed in Point dd Clause 33 Article 2 of Decree
No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[48]
The name of this Article is amended as prescribed in Clause 34 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[49]
This Clause is annulled as prescribed in Clause 2 Article 5 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[50]
This Clause is amended and supplemented as prescribed in Clause 35 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments
to certain articles of Decrees on administrative penalties in industrial
property; standards, measurement and quality of goods; science and technology
activities, technology transfers; atomic energy, which comes into force from
January 01, 2022.
[51]
This Clause is amended and supplemented as prescribed in Clause 36 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[52]
This Clause is amended and supplemented as prescribed in Clause 37 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[53]
[54] These Points are annulled as prescribed in Clause 2 Article 5 of Decree
No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[55]
The paragraph "2. A fine of from VND 40.000.000 to VND 50.000.000 shall be
imposed for:” is amended by the paragraph “2. A fine of from VND 50.000.000 to VND
100.000.000 shall be imposed for:” as prescribed in Point b Clause 38 Article 2
of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[56]
This Point is amended as prescribed in Point c Clause 38 Article 2 of Decree
No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
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[58]
[59] These Points are supplemented as prescribed in Point a Clause
38 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the
Government on amendments to certain articles of Decrees on administrative
penalties in industrial property; standards, measurement and quality of goods;
science and technology activities, technology transfers; atomic energy, which
comes into force from January 01, 2022.
[60]
The paragraph "4. A fine of from VND 100.000.000 to VND 150.000.000 shall
be imposed for:” is amended by the paragraph “4. A fine of from VND 150.000.000
to VND 300.000.000 shall be imposed for:” as prescribed in Point e Clause 38
Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the
Government on amendments to certain articles of Decrees on administrative
penalties in industrial property; standards, measurement and quality of goods;
science and technology activities, technology transfers; atomic energy, which
comes into force from January 01, 2022.
[61]
[62] These Points are supplemented as prescribed in Point d Clause
38 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the
Government on amendments to certain articles of Decrees on administrative
penalties in industrial property; standards, measurement and quality of goods;
science and technology activities, technology transfers; atomic energy, which
comes into force from January 01, 2022.
[63]
This Clause is amended and supplemented as prescribed in point g Clause 38
Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the
Government on amendments to certain articles of Decrees on administrative
penalties in industrial property; standards, measurement and quality of goods;
science and technology activities, technology transfers; atomic energy, which
comes into force from January 01, 2022.
[64]
This Clause is amended as prescribed in point h Clause 38 Article 2 of Decree
No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[65]
This Clause is amended and supplemented as prescribed in point a Clause 39
Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the
Government on amendments to certain articles of Decrees on administrative
penalties in industrial property; standards, measurement and quality of goods;
science and technology activities, technology transfers; atomic energy, which
comes into force from January 01, 2022.
[66]
The paragraph "2. A fine of from VND 40.000.000 to VND 50.000.000 shall be
imposed for:” is amended by the paragraph “2. A fine of from VND 50.000.000 to
VND 100.000.000 shall be imposed for:” as prescribed in Point b Clause 39
Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the
Government on amendments to certain articles of Decrees on administrative
penalties in industrial property; standards, measurement and quality of goods;
science and technology activities, technology transfers; atomic energy, which
comes into force from January 01, 2022.
[67]
[68] These Points are supplemented as prescribed in Point c Clause
39 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the
Government on amendments to certain articles of Decrees on administrative
penalties in industrial property; standards, measurement and quality of goods;
science and technology activities, technology transfers; atomic energy, which
comes into force from January 01, 2022.
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[70]
The paragraph "4. A fine of from VND 100.000.000 to VND 150.000.000 shall
be imposed for:” is amended by the paragraph “A fine of from VND 150.000.000 to
VND 300.000.000 shall be imposed for:” as prescribed in Point e Clause 39
Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the
Government on amendments to certain articles of Decrees on administrative
penalties in industrial property; standards, measurement and quality of goods;
science and technology activities, technology transfers; atomic energy, which
comes into force from January 01, 2022.
[71]
This Point is supplemented as prescribed in Point dd Clause 39 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[72]
This Clause is amended as prescribed in point g Clause 39 Article 2 of Decree
No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[73]
This Clause is amended as prescribed in point h Clause 39 Article 2 of Decree
No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[74]
[75] These Points are supplemented as prescribed in Clause 40
Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the
Government on amendments to certain articles of Decrees on administrative
penalties in industrial property; standards, measurement and quality of goods;
science and technology activities, technology transfers; atomic energy, which
comes into force from January 01, 2022.
[76]
This Point is annulled as prescribed in Clause 2 Article 5 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[77]
This Point is amended as prescribed in Clause 41 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[78] [79] [80] [81] These Clauses are amended and
supplemented as prescribed in Clause 42 Article 2 of Decree No. 126/2021/ND-CP
dated December 30, 2021 of the Government on amendments to certain articles of
Decrees on administrative penalties in industrial property; standards,
measurement and quality of goods; science and technology activities, technology
transfers; atomic energy, which comes into force from January 01, 2022.
[82] This Article is amended as
prescribed in Clause 43 Article 2 of Decree No. 126/2021/ND-CP dated December
30, 2021 of the Government on amendments to certain articles of Decrees on
administrative penalties in industrial property; standards, measurement and
quality of goods; science and technology activities, technology transfers;
atomic energy, which comes into force from January 01, 2022.
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[84]
This Article is amended as prescribed in Clause 44 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[85]
This Article is supplemented as prescribed in Clause 45 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[86] The paragraph "1. A fine of from
VND 500.000 to VND 1.000.000 shall be imposed for one of the following
violations if the illegal goods are worth VND 5.000.000 or less:” is amended
and supplemented by the paragraph “1. A fine of from VND 500.000 to VND
1.000.000 shall be imposed for the following violations if the illegal goods
are worth VND 5.000.000 or less, except for goods imported into Vietnam having
the original labels with the contents that are illegible but unable to be
recovered/repaired by the importers; goods imported into Vietnam having the
original labels without secondary labels in case of carrying out the customs
clearance procedure:” as prescribed in Clause 46 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[87]
This Clause is amended and supplemented as prescribed in Clause 47 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments
to certain articles of Decrees on administrative penalties in industrial
property; standards, measurement and quality of goods; science and technology
activities, technology transfers; atomic energy, which comes into force from
January 01, 2022.
[88]
This Clause is amended and supplemented as prescribed in Clause 48 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[89]
This Clause is amended and supplemented as prescribed in Clause 49 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[90]
The paragraph “3. The fines for trade in goods whose labels display images,
drawings, writings, signs, symbols, medals, prizes and other information that
are not true to nature or fact of such goods; labels displaying images or
contents related to the sovereignty disputes and other sensitive contents that
may affect security, politics, economy, society, diplomatic relations and
Vietnamese custom; trade in labelled goods including original labels or
secondary labels of imported goods that are falsified; trade in goods having
fraudulent use duration on goods labels; or trade in expired goods:” is amended
and supplemented by the paragraph "3. The fines for trade in goods whose
labels display images, drawings, writings, signs, symbols, medals, prizes and
other information that are not true to nature or fact of such goods; labels
displaying images or contents related to the sovereignty disputes and other
sensitive contents that may affect security, politics, economy, society,
diplomatic relations and Vietnamese custom; trade in labelled goods including
original labels or secondary labels of imported goods that are falsified; trade
in goods having fraudulent use duration on goods labels; or trade in expired
goods, except for imports that have not been cleared:” as prescribed in Clause
50 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government
on amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[91]
This Point is amended and supplemented as prescribed in Clause 51 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[92]
This Clause is amended and supplemented as prescribed in Clause 52 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
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[95]
This Clause is amended and supplemented as prescribed in Clause 53 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[96]
This Clause is amended as prescribed in Clause 54 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[97] 99 These Points are amended
as prescribed in Clause 55 Article 2 of Decree No. 126/2021/ND-CP dated
December 30, 2021 of the Government on amendments to certain articles of
Decrees on administrative penalties in industrial property; standards,
measurement and quality of goods; science and technology activities, technology
transfers; atomic energy, which comes into force from January 01, 2022.
[98]
[100] These Points are annulled as prescribed in Clause 2 Article 5
of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[101]
This Clause is supplemented as prescribed in Clause 56 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[102]
This Point is amended as prescribed in Clause 57 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[103]
[104] These Points are amended as prescribed in Clause 58 Article 2
of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[105]
This Clause is amended and supplemented as prescribed in Clause 59 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[106]
This Point is amended and supplemented as prescribed in Clause 60 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
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[108]
This Point is amended and supplemented as prescribed in Clause 62 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[109]
The paragraph “3. Chief of inspectorate of the Ministry of Science and
Technology is entitled to:” is amended and supplemented by the paragraph
"3. Chief of inspectorate of the Ministry, Director of Department of
Management of Goods and Product Quality affiliated to Directorate for
Standards, Metrology and Quality according to their functions, powers and tasks
that are assigned shall have the power to:” as prescribed in Clause 64 Article
2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[110]
This Point is amended and supplemented as prescribed in Clause 63 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[111]
This Point is amended and supplemented as prescribed in Clause 65 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[112]
This Point is amended and supplemented as prescribed in Clause 66 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in industrial
property; standards, measurement and quality of goods; science and technology
activities, technology transfers; atomic energy, which comes into force from
January 01, 2022.
[113]
This Point is amended and supplemented as prescribed in Clause 67 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[114]
The paragraph “2. Captains of police stations of the police officers specified
in Clause 1 this Article are entitled to:” is amended and supplemented by the
paragraph "2. Heads of company-level Mobile Police Units, Captains of
police stations of the police officers specified in Clause 1 this Article shall
have the power to:” as prescribed in Clause 68 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[115]
The paragraph “3. Chiefs of police departments of communes, police stations of
border checkpoints and export-processing zones are entitled to:” is amended and
supplemented by the paragraph “3. Heads of Communal-level Police Authorities,
Police Stations of Border Checkpoints and Export-Processing Zones, Chiefs of
International Airport Border Gate Police, Commanders of Mobile Police Battalions,
Squadron Leaders shall have the power to:” as prescribed in Clause 69 Article 2
of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[116]
This Point is amended and supplemented as prescribed in Clause 70 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
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[118]
This Point is amended and supplemented as prescribed in Clause 72 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[119]
This Point is amended and supplemented as prescribed in Clause 73 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[120]
This Point is amended as prescribed in Clause 74 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[121]
The paragraph “6. Directors of Internal Security Department, Economic Security
Department, Cultural - Information - Communications Security Department,
Corruption Department, Social Order Department, Drug Enforcement Department,
High Technology Crime Department, Traffic Police Department, Environmental
Crime Department and Fire and Rescue Police Department are entitled to:” is
amended and supplemented by the paragraph “6. Director of the Internal
Political Security Department, Director of Economic Security Department,
Director of Police Department for Administrative Management of Social Order,
Director of Police Department for Investigation into Social Order-related
Crimes, Director of Police Department for Investigation into Corruption,
Economy and Smuggling-related Crimes, Director of Police Department for
Investigation into Drug-related Crimes, Director of Police Department for
Investigation into Drug-related Crimes, Director of Police Traffic Department,
Director of Environment Police Department, Director of Department of
Cybersecurity and Hi-tech Crime Prevention and Control, Director of Immigration
Department shall have the power to:” in Clause 75 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[122]
This Point is amended as prescribed in Clause 76 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[123]
The paragraph “2. Team leaders of Sub-department of Customs and Sub-departments
of Post-Clearance Inspection are entitled to:” is amended and supplemented by
the paragraph “Team leaders and squad leaders of Sub-departments of Customs;
squad leaders of Control Teams of Customs Departments of provinces and
inter-provinces; team leaders of Post Clearance Audit Sub-Departments shall
have the power to:” as prescribed in Clause 77 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[124]
The paragraph “3. Directors of Sub-departments of Customs, Sub-departments of Post-clearance
Inspection, team leaders of provincial Customs Departments, smuggling
prevention team leaders, customs procedures team leaders, leaders of customs
control teams at sea and leaders of intellectual property right protection
teams of the Smuggling Investigation and Prevention Department of the General
Department of Customs are entitled to:” is amended and supplemented by the
paragraph “3. Directors of Sub-departments of Customs; Directors of Post
Clearance Audit Sub-Departments; team leaders of Control Teams of Customs
Departments of provinces and inter-provinces; team leaders of Criminal
Investigation Teams; team leaders of Anti-smuggling Control Teams; Commanders
of Sea Patrol Squadrons and Team leaders of Anti-smuggling, Counterfeit Product
Control and Intellectual Property Teams affiliated to the Anti-Smuggling and
Investigation Department; Directors of Post Clearance Audit Sub-Departments
affiliated to Post Clearance Audit Department shall have the power to:” as
prescribed in Clause 78 Article 2 of Decree No. 126/2021/ND-CP dated December
30, 2021 of the Government on amendments to certain articles of Decrees on
administrative penalties in industrial property; standards, measurement and
quality of goods; science and technology activities, technology transfers;
atomic energy, which comes into force from January 01, 2022.
[125] This Point is amended and
supplemented as prescribed in Clause 78 Article 2 of Decree No. 126/2021/ND-CP
dated December 30, 2021 of the Government on amendments to certain articles of
Decrees on administrative penalties in industrial property; standards,
measurement and quality of goods; science and technology activities, technology
transfers; atomic energy, which comes into force from January 01, 2022.
[126]
This Point is amended as prescribed in Clause 79 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
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[128]
The paragraph “3. Directors of Market Surveillance Departments of Provincial
Departments of Industry and Trade, managers of Anti-counterfeiting units,
managers of departments affiliated to Market Surveillance Agency are entitled
to:” is amended and supplemented by the paragraph "3. Director of
Provincial Market Surveillance Department and Director of Market Surveillance
Operations Department affiliated to Vietnam Directorate of Market shall have
the power to:” as prescribed in Clause 81 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022
[129]
This Point is amended as prescribed in Clause 82 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[130]
The paragraph “4. Director of the Market Surveillance Agency is entitled to:”
is amended and supplemented by the paragraph "4. Director General of
Vietnam Directorate of Market Surveillance shall have the power to:” as
prescribed in Clause 83 Article 2 of Decree No. 126/2021/ND-CP dated December
30, 2021 of the Government on amendments to certain articles of Decrees on
administrative penalties in industrial property; standards, measurement and
quality of goods; science and technology activities, technology transfers;
atomic energy, which comes into force from January 01, 2022.
[131]
This Clause is supplemented as prescribed in Clause 84 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[132]
The paragraph “3. Captains of border guard stations, leaders of coastal guard
teams, commanders of border guard at checkpoints and holders of equivalent
positions are entitled to:” is amended and supplemented by the paragraph
"3. Heads of Border-guard posts, Commanders of Border-guard Flotillas and
Commanders of Port Border Guards shall have the power to:” as prescribed in
Clause 85 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the
Government on amendments to certain articles of Decrees on administrative
penalties in industrial property; standards, measurement and quality of goods;
science and technology activities, technology transfers; atomic energy, which
comes into force from January 01, 2022.
[133]
[134] These Points are amended and supplemented as prescribed in
Clause 86 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the
Government on amendments to certain articles of Decrees on administrative
penalties in industrial property; standards, measurement and quality of goods;
science and technology activities, technology transfers; atomic energy, which
comes into force from January 01, 2022.
[135]
This Clause is supplemented as prescribed in Clause 87 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[136]
The paragraph “4. Captains of provincial border guard command centers,
commanders of coastal guard fleets affiliated to the Border Guard Headquarters
are entitled to:” is amended and supplemented by the paragraph "4.
Commanders of provincial-level Border Guard Forces, Commanders of Coastguard
Squadrons, Director of Crime and Drug Prevention and Control Department of
Border Guard High Command shall have the power to:” as prescribed in Clause 88
Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the
Government on amendments to certain articles of Decrees on administrative
penalties in industrial property; standards, measurement and quality of goods;
science and technology activities, technology transfers; atomic energy, which
comes into force from January 01, 2022.
[137]
This Point is amended and supplemented as prescribed in Clause 89 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
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...
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[139] The paragraph “5. Commanders of
coastguard fleets are entitled to:” is amended and supplemented by the
paragraph "5. Commanders in chief of Coastguard Squadrons, Commanders of
Reconnaissance Brigades, Commanders of Crime and Drug Prevention and Control
Brigades affiliated to Vietnam Coast Guard shall have the power to:” as
prescribed in Clause 90 Article 2 of Decree No. 126/2021/ND-CP dated December
30, 2021 of the Government on amendments to certain articles of Decrees on
administrative penalties in industrial property; standards, measurement and
quality of goods; science and technology activities, technology transfers; atomic
energy, which comes into force from January 01, 2022.
[140] This Point is amended and
supplemented as prescribed in Point c Clause 90 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[141] This Clause is amended and
supplemented as prescribed in Point d Clause 90 Article 2 of Decree No.
126/2021/ND-CP dated December 30, 2021 of the Government on amendments to
certain articles of Decrees on administrative penalties in industrial property;
standards, measurement and quality of goods; science and technology activities,
technology transfers; atomic energy, which comes into force from January 01,
2022.
[142]
This Point is amended and supplemented as prescribed in Clause 91 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[143]
The paragraph “2. Chief Inspector of Provincial Departments, Directors of
Provincial Food Safety and Hygiene Authorities, Directors of Provincial Crop
Production and Plant Protection Authorities, Directors of Provincial
Departments of Livestock Production and Veterinary Medicine, Directors of
Provincial Departments of Fisheries, Directors of Provincial Farm Produce and
Aquatic Product Quality Control Authorities and holders of equivalent positions
are entitled to:” is amended and supplemented by the paragraph "2. Chief
Inspectors of Provincial Departments, Directors of Provincial Food Safety and
Hygiene Authorities affiliated to Department of Health, Directors of Regional
Animal Health Offices, Directors of Area Animal Quarantine Branches affiliated
to Department of Animal Health, Directors of Regional Plant Quarantine
Sub-Departments affiliated to Plant Protection Department, Directors of
Agro-Forestry-Fisheries Quality Assurance Sub- Departments in Central and
Southern Vietnam affiliated to National Agro-Forestry-Fisheries Quality
Assurance Department, Directors of Provincial Crop Production and Plant
Protection Authorities, Directors of Provincial Departments of Livestock
Production and Veterinary Medicine, Directors of Provincial Departments of
Fisheries, Directors of Agro-Forestry-Fisheries Quality Assurance
Sub-Departments affiliated to Department of Agriculture and Rural Development,
Directors of Regional Radio Frequency Centers shall have the power to:” as
prescribed in Clause 92 Article 2 of Decree No. 126/2021/ND-CP dated December
30, 2021 of the Government on amendments to certain articles of Decrees on
administrative penalties in industrial property; standards, measurement and
quality of goods; science and technology activities, technology transfers;
atomic energy, which comes into force from January 01, 2022.
[144]
This Point is amended and supplemented as prescribed in Clause 93 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and technology
activities, technology transfers; atomic energy, which comes into force from
January 01, 2022.
[145]
This Point is amended and supplemented as prescribed in Clause 94 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[146]
The paragraph “5. Chief Inspectors of Ministries, ministerial agencies,
Director of the Directorate for Standards, Metrology, and Quality, Director of Directorate
of Fisheries, Director of Vietnam Environment Administration, Director of
Vietnam Chemicals Agency, Director of Industrial Safety Techniques and
Environment Agency; Director of Department of Animal Health, Director of Plant
Protection Agency, Director of Crop Production Authority, Director of
Department of Livestock production, Director of National Agro - Forestry -
Fisheries Quality Assurance Department, Director of Agro - Forestry - Fishery
processing and Salt Production Agency, Director of Drug Administration of
Vietnam, Director of Health Environment Management Agency, Director of General
Department of Preventive Medicine, Director of the Department food safety and
hygiene and holders of equivalent positions are entitled to:” is amended and supplemented
by the paragraph "5. Chief Inspectors of Ministries, ministerial
authorities, 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, Directors of Department of Work Safety, Vietnam Chemicals
Agency, Industrial Safety Techniques and Environment Agency, Industry Agency,
Viet Nam Competition and Consumer Authority, Department of Animal Health, Plant
Protection Department, Department of Crop Production, Department of Livestock
production, National Agro - Forestry - Fisheries Quality Assurance Department,
Agrotrade Vietnam, Authority of Radio Frequency Management, Authority of
Broadcasting and Electronic Information, Authority of Press, Department of
Publication, Printing and Distribution of Viet Nam, Drug Administration of
Vietnam, Department of Medical Service Administration, Health Environment
Management Agency, General Department of Preventive Medicine and Vietnam Food
Safety Authority shall have the power to:” as prescribed in Clause 95 Article 2
of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
[147]
This Clause is amended and supplemented as prescribed in Clause 96 Article 2 of
Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on
amendments to certain articles of Decrees on administrative penalties in
industrial property; standards, measurement and quality of goods; science and
technology activities, technology transfers; atomic energy, which comes into
force from January 01, 2022.
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“Article 6. Responsibilities
1. The Ministry of Science and Technology of
Vietnam shall take charge and cooperate with relevant central and local
authorities in implementation of this Decree.
2. Ministers, Heads of ministerial agencies,
Heads of Governmental agencies, Presidents of the People's Committees of
provinces and central-affiliated cities are responsible for implementation of
this Decree.
Article 7. Implementation Clauses
1. This Decree comes into force from January 02,
2022.
2. Transitional provisions:
a) With respect to any administrative violation
in industrial property; standards, measurement and quality of goods; science
and technology activities, technology transfers and atomic energy that occurs
prior to the entry into force of this Decree, if it is detected or under
consideration for actions and this Decree does not provide for legal liability
or impose less serious legal liability, regulations of this Decree shall be
applied.
b) If sanctioned persons or entities continue to
appeal against administrative sanction decisions already issued or executed
completely before the entry into force of this Decree, regulations of the
Government’s Decree No. 99/2013/ND-CP dated August 29, 2013 on administrative
penalties in industrial property, the Government’s Decree No. 119/2017/ND-CP
dated November 01, 2017 on penalties for administrative violations against
regulations on standards, measurement and quality of goods, the Government’s
Decree No 51/2019/ND-CP dated June 13, 2019 on prescribing administrative fines
for violations arising from scientific and technological activities and
technology transfer and the Government’s Decree No. 107/2013/ND-CP dated
September 20, 2013 providing on sanctioning of administrative violations in
atomic energy shall be applied.”