THE GOVERMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 119/2017/ND-CP
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Hanoi, November
01, 2017
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DECREE
ON
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON STANDARDS,
MEASUREMENT AND QUALITY OF GOODS
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on Technical standards and
regulations dated June 29, 2006;
Pursuant to the Law on Goods quality dated
November 21, 2007;
Pursuant to the Law on Measurement dated
November 11, 2011;
Pursuant to the Law on Actions against
administrative violations dated June 20, 2012;
At the request of the Minister of Science and Technology;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree deals with administrative
violations, penalties, fines, remedial measures, power to impose penalties for
and power to make reports on administrative violations against regulations on
technical standards and regulations; measurement; quality of goods (hereinafter
referred to as “standards, measurement and quality of goods").
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 regulations on state management. Goods that
have not been cleared shall apply the Government’s decree on penalties for
administrative violations against regulations on customs for violations against
regulations on standards, measurement and quality of goods.
Article 2. Penalties and
remedial measures
1. A warning or fine shall be the primary penalty
for each administrative violation specified in this document that is committed
by an organization or individual.
2. The following additional penalties may be
imposed depending on the nature and seriousness of the violations:
a) Suspension of the certificate of conformity
assessment registration (certificate of
certification/testing/assessment/inspection registration); certificate of
standard conformity; certificate of regulation conformity; conformity marking;
certificate of accreditation registration; certificate of accreditation;
certificate of registration of providing inspection/calibration/testing of
measuring instrument/measurement standard services; certificate (stamp,
marking, certificate) of inspection/calibration/testing; decision on
certification of eligible measurement inspector; decision on appointment of
inspection/calibration/testing of measuring instrument/measurement standard
service provider; decision on appointment of measurement standard for
inspection/calibration of measuring instruments; decision on appointment of
conformity assessment organization; decision on approval for measuring
instrument samples; certificate of identification number and/or barcode use
rights; certificate of eligibility for use of quantity marking on pre-packaged
goods labels; certificate of eligibility for helmet production; certificate of
transportation of dangerous goods; certificate of petrol and oil/gas preparation
registration; certificate of management system; certificate of eligibility for
business; certificate of barcode use rights for 1 – 6 months;
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c) Confiscation of exhibits and equipment serving
the violation.
3. Apart from primary and additional penalties,
depending on the nature and seriousness of the violation, entities committing
violations shall take one of or some of the following remedial measures:
a) Enforced destruction of goods, measuring
instruments or measurement standards that affect human’s health, livestock,
plants and environment;
b) Enforced re-export of goods or equipment used
for violation commitment;
c) Enforced correction of false or misleading
information;
d) Enforced removal of unconformable elements of
goods, packages thereof and business instruments;
dd) Enforced transfer of the illegal profit earned
from committing an administrative violation to state budget;
e) Enforced recall of sold goods, measuring
instruments, reference substances or measurement standards used for violation
commitment;
g) Enforced revocation of the certificate of
management system, certificate of inspection/calibration/testing or certificate
of comparison of measurement standards/reference substances;
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i) Enforced repurposing or recycling of unqualified
goods; enforced revision of declared standards; enforced repair of measuring
instruments before being put into use.
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 Point 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.
3. Organizations committing violations against
regulations on standards, measurement and quality of goods may include:
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) Business entities established in conformity with
provisions of the Law on Investment including domestic investors, foreign
investors and foreign-invested business entities;
d) Public service providers and other
organizations.
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ADMINISTRATIVE
VIOLATIONS, PENALTIES AND FINES
Section 1. VIOLATIONS AGAINST
REGULATIONS ON MEASUREMENT
Article 4. Violations against
regulation on maintenance of national standards committed by appointed
organizations
1. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for any of the following violations:
a) Failure to comply with regulations on
maintenance and use of national standards;
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 any of the following violations:
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b) Failure to report falsification of national
standards, request suspension of a decision on approval for national standards
or appoint an organization to maintain national standards.
3. Remedial measures:
a) Enforced 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 profit earned
from committing the violation specified in Point a Clause 2 this Article to
state budget.
Article 5. Violations against
regulations on production, sale and use of reference substances or measurement
standards
1. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for any of the following violations:
a) Production, import or sale of reference
substances/measurement standards without labels or with labels not specifying
measurement units in accordance with those regulated by law;
b) Production, import or sale of reference
substances/measurement standards not satisfying technical measurement
requirements declared by the entity or imposed by a competent measuring
authority.
2. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for any of the following violations:
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b) Failure to carry out tests or comparison of
reference substances before putting them into use.
3. Remedial measures:
Enforced suspension and destruction of reference
substances/measurement standards in case of the violations specified in Points
a and b Clause 1 this Article.
Article 6. Violations against
regulations on production of measuring instruments
1. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for any of the following violations:
a) Production of measuring instruments without
labels or with improper labels;
b) Production of group 1 measuring instruments not
satisfying technical measurement requirements declared by the entity;
c) Failure to specify measurement units in
accordance with those regulated by law.
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.
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a) Production of group 2 measuring instruments
whose samples have not been approved;
b) Production of group 2 measuring instruments
approved but the decision on approval for samples thereof expires.
4. A fine of from VND 40,000,000 to VND 60,000,000
shall be imposed for any of the following violations:
a) Production of group 2 measuring instruments
whose samples are not satisfactory to those approved by a competent authority;
b) Failure to take preventive measures or make
response to the change of specifications of measurement instruments declared by
the producer or regulated by a competent authority.
5. Additional penalties:
The decision on approval for measurement instrument
samples shall be suspended for 1 - 3 months in case of the violation specified
in Clause 4 this Article.
6. Remedial measures:
a) Enforced suspension of the decision on approval
for measuring instrument samples in case of the violation specified in Point b
Clause 3 this Article;
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Article 7. 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 of the following violations:
a) Import of measuring instruments without labels
or with improper labels;
b) Import of group 1 measuring instruments not
satisfying technical measurement requirements declared by the entity;
c) Import of group 2 measuring instruments not
specifying measurement units in accordance with those regulated by law.
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 any of the following violations:
a) Import of group 2 measuring instruments whose
samples have not been approved;
b) Import of group 2 measuring instruments approved
but the decision on approval for samples thereof expires.
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a) Import of group 2 measuring instruments whose
samples are not satisfactory to those approved by a competent authority;
b) Failure to take preventive measures or make
response to the change of specifications of measurement instruments declared by
the importer or regulated by a competent authority.
5. Additional penalties:
The decision on approval for measurement instrument
samples shall be suspended for 1 - 3 months in case of the violation specified
in Clause 4 this Article.
6. Remedial measures:
a) Enforced revocation of the decision on approval
for measuring instruments in case of the violation specified in Point b Clause
3 this Article;
b) Enforced confiscation of sold measuring
instruments; enforced destruction of measuring instruments that affect human’s
health, livestock, plants and the environment in case of the violations
specified in Clauses 1 and 4 this Article.
Article 8. Violations against
regulations on repair 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 that makes group 1 measuring
instruments no longer satisfy technical measurement requirements declared by
the entity.
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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 that makes group 2 measuring
instruments no longer satisfy technical measurement requirements 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 that makes errors of measuring
instruments exceed the permitted ones or makes changes in specifications of
measurement instruments.
5. Remedial measure:
Enforced transfer of the illegal profit earned from
committing the violation specified in Clause 4 this Article to state budget.
Article 9. Violations against
regulations on sale of measuring instruments
1. A fine of from VND 1,000,000 to VND 2,000,000
shall be imposed for any of the following violations:
a) Sale of measuring instruments without labels or
with improper labels;
b) Sale of group 1 measuring instruments not
satisfying technical measurement requirements declared by the seller;
c) Sale of group 2 measuring instruments not
specifying measurement units in accordance with those regulated by law.
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a) Sale of group 2 measuring instruments that have
not been inspected or calibrated;
b) Sale of group 2 measuring instruments whose
samples have not been approved;
c) Sale of group 2 measuring instruments whose
samples are not satisfactory to those approved by a competent authority.
3. Remedial measures:
a) Enforced destruction of measuring instruments
that affect human’s health, livestock, plants and the environment in case of
the violations specified in Point b Clauses 1 and Points b and c Clause 2 this
Article;
b) Enforced transfer of the illegal profit earned
from committing the violations specified in Point b Clause 1 and Points b and c
Clause 2 this Article to state budget.
Article 10. Violations against
regulations on use of group 2 measuring instruments
1. A fine of from VND 500,000 to VND 1,000,000 shall
be imposed for any of the following violations if one or some measuring
instruments is/are not exceeding VND 1,000,000 (according to the value of new
measuring instruments with the same types 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, marking, certificate);
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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 measuring instruments under guidelines
provided by the product owner thereof or regulations of a competent authority.
2. The fines for the violation specified in Clause
1 this Article if one or some measuring instruments is/are exceeding VND
1,000,000:
a) A fine of from VND 1,000,000 to VND 2,000,000 if
one or some measuring instruments is/are exceeding 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 if
one or some measuring instruments is/are exceeding VND 10,000,000 but not
exceeding VND 30,000,000;
c) A fine of from VND 5,000,000 to VND 10,000,000
if one or some measuring instruments is/are exceeding VND 30,000,000 but not
exceeding VND 50,000,000;
d) A fine of from VND 10,000,000 to VND 20,000,000
if one or some measuring instruments is/are exceeding 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
if one or some measuring instruments is/are exceeding VND 70,000,000.
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a) A fine of from VND 2,000,000 to VND 5,000,000 if
one or some measuring instruments is/are not exceeding VND 5,000,000;
b) A fine of from VND 5,000,000 to VND 10,000,000
if one or some measuring instruments is/are exceeding 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
if one or some measuring instruments is/are exceeding 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
if one or some measuring instruments is/are exceeding 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
if one or some measuring instruments is/are exceeding 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
if one or some measuring instruments is/are exceeding VND 70,000,000.
4. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for any of the following violations if one or some measuring
instruments is/are not exceeding VND 1,000,000 (according to the value of new
measuring instruments with the same types or those having equivalent specifications
from the day on which the administrative violation is committed):
a) Change of structures or specifications of
measuring instruments;
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;
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5. The fines for the violation specified in Clause
4 this Article if one or some measuring instruments is/are exceeding VND
1,000,000 (according to the value of new measuring instruments with the same
types 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
if one or some measuring instruments is/are exceeding 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
if one or some measuring instruments is/are exceeding 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
if one or some measuring instruments is/are exceeding 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
if one or some measuring instruments is/are exceeding 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 if one or some measuring instruments is/are exceeding VND
70,000,000.
6. Additional penalties:
a) Exhibits and equipment used for violation
commitment specified in Clause 4 this Article shall be confiscated;
b) The certificate of eligibility for business shall
be suspended for 1 - 3 months in case of the violations specified in Clauses 3
and 4 this Article.
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a) Enforced suspension of the expired certificate
of inspection/calibration in case of the violation specified in Point b Clause 1
this Article;
b) Enforced transfer of the illegal profit earned
from committing the violations specified in Clause 3 and Points b and c Clause
4 this Article to state budget.
Article 11. Violations
committed by inspectors and inspecting authorities
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;
c) uses the certificate of inspector illegally; or
the certificate having improper seal/lead seal; or
d) conducts inspections of group 2 measuring
instruments whose samples are incorrect or have not been approved.
2. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed upon an inspecting authority that:
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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 appointed inspecting authority that:
a) conducts inspections of group 2 measuring
instruments when not being appointed by a competent authority or the decision
on appointment expires;
b) conducts inspections of group 2 measuring
instruments beyond the appointed scope;
c) uses measurement standards with an expired
certificate of calibration to conduct inspections of group 2 measuring
instruments; or
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 the
certificate of inspection for the group 1 measuring instrument.
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6. Additional penalties:
b) The decision on certification of inspector shall
be suspended for 1 - 3 months in case of the violations specified in Points a,
c and d Clause 1, Clauses 4 and 5 this Article.
b) The decision on appointment 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;
b) Operation of the inspecting authority shall be
suspended for 1 - 3 months in case of the violations specified in Points a, b,
c and d Clause 2, Clauses 3, 4 and 5 this Article.
7. Remedial measures:
a) Enforced revocation of the certificate of
inspection in case of the violations specified in Clauses 4 and 5 this Article;
b) Enforced transfer of the illegal profit earned from
committing the violations specified in Clauses 2, 3, 4 and 5 this Article to
state budget.
Article 12. Violations
committed by calibration technicians and calibration authorities
1. A fine of from VND 4,000,000 to VND 10,000,000
shall be imposed upon a calibration technician that:
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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 calibration authority that:
a) provides calibration services without the
certificate of registration of providing calibration services;
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.
3. A fine of from VND 50,000,000 to VND 70,000,000
shall be imposed upon an appointed calibration authority that:
a) calibrates measurement standards to carry out
inspection/calibration of group 2 measuring instruments or calibrates group 2
measuring instruments when the decision on appointment 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 appointed; or
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4. A fine of from VND 30,000,000 to VND 40,000,000
shall be imposed for failure to carry out calibration but granting the
certificate of calibration for the group 1 measuring instrument.
5. A fine of from VND 70,000,000 to VND 100,000,000
shall be imposed for failure to carry out calibration but granting the
certificate of calibration for the group 2 measuring instrument.
6. Additional penalties:
a) The certificate of eligibility for registration
of providing calibration services 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 appointment 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 authority shall be
suspended for 1 - 3 months in case of the violations specified in Clauses 3, 4
and 5 this Article.
7. Remedial measures:
a) Enforced revocation of the certificate of
calibration in case of the violation 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 profit earned
from committing the violations specified in Clauses 2, 3, 4 and 5 this Article
to state budget.
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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 testing authority that:
a) provides testing services without the
certificate of registration of providing testing services;
b) carries out tests beyond the scope of operation
registered;
c) fails to follow declared testing procedures; or
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 appointed testing authority that:
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b) conducts tests on group 2 measuring instruments
beyond the appointed scope;
c) fails to satisfy requirements for carrying out
tests appointed.
4. A fine of from VND 40,000,000 to VND 50,000,000
shall be imposed for failure to carry out tests but granting test results for
the group 2 measuring instrument.
5. Additional penalties:
a) The certificate of eligibility for registration
of providing testing services 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 appointment 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;
c) Operation of the testing authority shall be
suspended for 1 - 3 months in case of the violations specified in Point c
Clauses 3 and Clause 4 this Article.
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 Clause 2,
Points a and b Clause 3 and Clauses 4 this Article;
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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. 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 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;
b) A fine of from VND 10,000,000 to VND 20,000,000
if the illegal profit is exceeding VND 10,000,000 but not exceeding VND
50,000,000;
c) A fine of from VND 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;
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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.
3. Remedial measure:
Enforced transfer of the illegal profit earned from
committing the violations specified in Points a, b, c and d Clause 2 this
Article to state budget.
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 if:
a) The product owner 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 satisfactory to enclosed documents, technical measurement
requirements declared by the product owner or technical measurement
requirements regulated by a competent authority;
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d) Quantity markings on goods labels or packages of
goods are not specified properly.
2. 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 product owner 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;
b) A fine of from VND 10,000,000 to VND 20,000,000
if the illegal profit is exceeding VND 10,000,000 but not exceeding VND
50,000,000;
c) A fine of from VND 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;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Remedial measure:
Enforced transfer of the illegal profit earned from
committing the violations specified in Points a, b, c and d Clause 2 this
Article to state budget.
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 specifying the
quantity on goods labels or specifying measurement units not satisfactory to
those regulated by law;
b) Sale of pre-packaged goods specifying the
quantity on goods labels not satisfactory to 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 not
specifying quantity markings on labels or packages of goods.
2. The fines 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:
a) A fine of from VND 2,000,000 to VND 5,000,000 if
the illegal profit is not exceeding VND 10,000,000;
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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.
3. Remedial measure:
Enforced transfer of the illegal profit earned from
committing the violations specified in Points a, b, c and d Clause 2 this
Article to state budget.
Section 2. VIOLATIONS AGAINST
REGULATIONS ON TECHNICAL STANDARDS AND REGULATIONS; QUALITY OF GOODS
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1. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for failure to make a declaration about applicable standards
in production or import of goods.
2. A fine of from VND 20,000,000 to VND 40,000,000
shall be imposed if:
a) Produced or imported goods have quality not
reaching the declared standards;
b) Contents of declared standards are not
satisfactory to corresponding technical regulations or regulations of a
competent authority.
3. A fine equal to 1 – 2 times the total value of
illegal goods consumed shall be imposed if the produced/imported goods have
quality not reaching the declared standards.
4. A fine equal to 2 – 3 times the total value of
illegal goods consumed shall be imposed if the declared standards of
produced/imported goods are against corresponding technical regulations or
regulations of the competent authority.
5. 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 fulfill requirements for declared
management system standards;
b) Failure to develop, apply and maintain the
quality management system;
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6. Remedial measures:
a) Enforced repurposing or recycling of goods not
satisfactory to declared standards; or enforced destruction of goods that
affect human’s health, livestock, plants and the environment in case of the
violations specified in Clauses 1, 2, 3 and 4 this Article;
b) Enforced revision of declared standards and
re-compliance with declaration of applicable standards in case of the violation
specified in Point b Clause 2 this Article;
c) Enforced correction of false or misunderstanding
information through the mass media or enforced compliance with declared
standards 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
goods having quality not reaching the declared standards:
a) A fine of from VND 1,000,000 to VND 2,000,000 if
the illegal goods are not exceeding VND 10,000,000;
b) A fine of from VND 2,000,000 to VND 4,000,000 if
the illegal goods are exceeding VND 10,000,000 but not exceeding VND
20,000,000;
c) A fine of from VND 4,000,000 to VND 10,000,000
if the illegal goods are exceeding VND 20,000,000 but not exceeding VND
40,000,000;
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dd) A fine of from VND 25,000,000 to VND 50,000,000
if the illegal goods are exceeding VND 80,000,000 but not exceeding VND 150,000,000;
e) A fine of from VND 50,000,000 to VND 100,000,000
if the illegal goods are exceeding VND 150,000,000 but not exceeding VND
300,000,000;
g) A fine of from VND 100,000,000 to VND
150,000,000 if the illegal goods are exceeding VND 200,000,000 but not exceeding
VND 300,000,000;
h) A fine of from VND 150,000,000 to VND
200,000,000 if the illegal goods are exceeding VND 300,000,000.
2. A fine of from VND 5,000,000 to VND 15,000,000
shall be imposed for any of the following violations:
a) Declaration of standard conformity that is not
registered with a competent authority;
b) Failure to follow procedures for declaration of
standard conformity;
c) Failure to retain documents on declaration of
standard conformity;
d) Using the conformity marking illegally;
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3. A fine of from VND 30,000,000 to VND 50,000,000
shall be imposed for any of the following violations:
a) Failure to maintain constantly the compliance
with goods/services whose declaration of standard conformity has been
registered; failure to maintain regularly control, testing and supervision at
the producer’s factory or trader’s store;
b) Failure to suspend production finish and recall
unqualified goods being sold on the market that are likely to cause unsafety to
consumers; failure to cease operation of relevant process, services and
environment when required;
c) Failure to take remedial measures when
goods/services not satisfying declaration of standard conformity are found;
d) Failure to notify a competent authority in
writing of remedial measure results before selling goods or providing services.
4. A fine equal to 1 – 2 times the total value of
illegal goods consumed shall be imposed if the produced/imported goods have
quality not satisfying the documents on declaration of standard conformity.
5. Remedial measures:
Enforced recall of goods to repurpose or recycle
goods not satisfying declared standards or destruction of goods that affect
human’s health, livestock, plants and the environment in case of the violations
specified in Clause 1, Point dd Clause 2, Points b and c Clause 3 and Clause 4
this Article.
Article 19. Violations against
regulations on regulation conformity
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a) A fine of from VND 1,000,000 to VND 2,000,000 if
the illegal goods are not exceeding VND 5,000,000;
b) A fine of from VND 2,000,000 to VND 5,000,000 if
the illegal goods are exceeding VND 5,000,000 but not exceeding VND 10,000,000;
c) A fine of from VND 5,000,000 to VND 10,000,000
if the illegal goods are exceeding VND 10,000,000 but not exceeding VND
20,000,000;
d) A fine of from VND 10,000,000 to VND 20,000,000
if the illegal goods are exceeding VND 20,000,000 but not exceeding VND 40,000,000;
dd) A fine of from VND 20,000,000 to VND 40,000,000
if the illegal goods are exceeding VND 40,000,000 but not exceeding VND
80,000,000;
e) A fine of from VND 40,000,000 to VND 80,000,000
if the illegal goods are exceeding VND 80,000,000 but not exceeding VND
140,000,000;
g) A fine of from VND 80,000,000 to VND 140,000,000
if the illegal goods are exceeding VND 140,000,000 but not exceeding VND
220,000,000;
h) A fine of from VND 140,000,000 to VND
220,000,000 if the illegal goods are exceeding VND 220,000,000 but not
exceeding VND 320,000,000;
i) A fine of from VND 220,000,000 to VND
300,000,000 if the illegal goods are exceeding VND 320,000,000.
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a) Failure to prepare and retain documents on
declaration of regulation conformity;
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 any of the following violations:
a) Failure to make a declaration of regulation
conformity for the goods whose declaration of conformity must be registered;
b) Failure to register documents on declaration of
conformity with a competent authority;
c) Failure to use conformity markings or using
those illegally for the goods whose declaration of conformity has been
registered when they are sold on the market;
d) Failure to take preventive measures promptly
when the goods for sale/use having quality not satisfying declaration of conformity
or corresponding technical regulations;
dd) Failure to re-declare when there is any change
to contents of documents on registered declaration of conformity with
regulations or change to utility and characteristics of goods or services whose
declaration of regulation conformity has been registered;
e) Using banned additives, chemicals or antibiotics
in production of goods;
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h) 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 authority or
assessment authority that has been registered or acknowledged by regulations of
law; self-assessment of compliance carried out by the importer.
4. A fine equal to 2 – 3 times the total value of
illegal goods consumed shall be imposed if the production or import of goods does
not satisfy corresponding technical regulations or regulations of the competent
authority.
5. Additional penalty:
The certificate of regulation conformity or
conformity marking shall be suspended for 1 - 3 months in case of the
violations specified in Clauses 2 this Article.
6. Remedial measures:
Enforced repurposing or recycling of goods not
satisfying technical requirements; or enforced destruction of goods that affect
human’s health, livestock, plants and the environment in case of the violations
specified in Clauses 1, 2, 3 and 4 this Article;
Article 20. Violations against
regulations on quality of goods for sale
1. The following provisions shall apply to impose
penalties for violations against regulations on quality of goods of the seller
when they are sold on the market:
a) Clause 1 Article 17 herein in case of the
violation against regulations on goods whose applicable standards are not
declared; Point a Clause 2 Article 17 herein in case of the violation against
regulations on goods having quality not satisfying declared standards;
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c) Clause 1 Article 19 herein in case of the violation
against regulations on goods having quality not satisfying corresponding
technical standards.
2. The Government’s regulations on penalties for
administrative violations against regulations on trade in case of the violation
against regulations on production or trade in counterfeit goods.
3. A fine of from VND 500,000 to VND 1,000,000
shall be imposed for failure to make a declaration about applicable standards
in sale of goods.
4. A fine of from VND 2,000,000 to VND 5,000,000
shall be imposed for failure to have the conformity marking in sale of goods.
5. A fine equal to 1 – 2 times the total value of
illegal goods consumed shall be imposed if the sold goods have quality not
satisfying the declared standards or applicable standards declared standard conformity.
6. A fine equal to 2 – 3 times the total value of
illegal goods consumed shall be imposed if replacing, adding or removing
ingredients or additives, mixing impurities to reduce the quality of goods
compared to declared applicable standards.
7. A fine equal to 3 – 5 times the total value of
illegal goods consumed shall be imposed if:
a) The sold goods have quality not satisfying
corresponding technical regulations or regulations of a competent authority;
b) The goods are replaced, have ingredients or
additives added or removed, impurities mixed or contain substances that affect
safety of human, animals, property and the environment or fail to satisfy
corresponding technical regulations or regulations of the competent authority.
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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. Remedial measures:
Enforced recall of goods for recycling or
destruction of goods that affect human’s health, livestock, plants and the
environment in case of the violations specified in Clauses 5, 6 and 7 this
Article.
Article 21. Violations against
regulations on assessment of conformity
1. A fine of from VND 30,000,000 to VND 40,000,000
shall be imposed for any of the following violations:
a) Carrying out assessment of conformity without
registration thereof granted by a competent authority;
b) Carrying out assessment of conformity beyond the
registered scope;
c) Failure to make regular or ad hoc reports at the
request of a competent authority on assessment results of conformity
registered;
d) Failure to notify through mass media of
issuance, reissue, expansion or reduction the scope of suspension or revocation
of the certificate of conformity and rights to use conformity marking.
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a) Carrying out assessment of conformity serving
state management without the decision on appointment or such decision expires;
b) Carrying out assessment of conformity serving
state management beyond the appointed 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 approved or registered;
e) Using test results of the testing authority that
has not been registered;
g) Appointment of unqualified experts responsible
for assessment of conformity.
3. A fine of from VND 70,000,000 to VND 100,000,000
shall be imposed for any of the following violations:
a) Providing false assessment results of
conformity;
b) Carrying out assessment that is not independent
and objective.
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a) Failure to carry out assessment of conformity
but still giving assessment results thereof;
b) Providing consulting services for the requesting
entity;
c) Failure to take remedial measures for violations
required by a competent authority.
5. Additional penalties:
a) The certificate of conformity assessment
registration shall be suspended for 3 – 6 months in case of the violations
specified in Points a and b Clause 1, Points c, dd, e and g Clause 2, Clauses 3
and 4 this Article;
b) The decision on appointment shall be suspended
for 3 - 6 months in case of the violations specified in Points a and b Clause 2
and Clause 4 this Article.
6. Remedial measures:
a) Enforced revocation of assessment results of
conformity in case of the violations specified in Point a and b Clause 1,
Points a, b, c, d, e and g Clause 2, Clauses 3 and 4 this Article;
b) Enforced transfer of the illegal profit earned
from committing the violations specified in Points a and b Clause 1, Points a,
b, c, d, e and g Clause 2, Clause 3 and Points a, b and c Clause 4 this Article
to state budget.
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1. A fine of from VND 30,000,000 to VND 50,000,000
shall be imposed for any of the following violations:
a) Providing training or consulting services
without registration thereof granted or reception of notification of training
qualifications;
b) Providing training or consulting services beyond
the registered or declared scope.
2. A fine of from VND 50,000,000 to VND 70,000,000
shall be imposed for any of the following violations:
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 approved or registered;
c) Failure to report results of providing training
or consulting services.
3. A fine of from VND 70,000,000 to VND 100,000,000
shall be imposed for providing part of or the entire training or consulting
services that have not been registered or have inadequate capacity for
providing training.
4. Additional penalties:
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5. Remedial measures:
a) Enforced revocation of the certificate of
eligibility for providing training 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 committing 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. A fine of from VND 30,000,000 to VND 40,000,000 shall
be imposed for any of the following violations:
a) Carrying out accreditation without the
certificate of accreditation registration granted by a competent authority;
b) Carrying out accreditation beyond the registered
scope.
2. A fine of from VND 40,000,000 to VND 50,000,000
shall be imposed for any of the following violations:
a) Failure to maintain the organizational
structure, management system and capacity of the accredited organization;
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c) Carrying out assessment or accreditation not
following declared process or procedures, not satisfying corresponding
technical standards and regulations used for assessment or accreditation or not
following all of the aforesaid process, procedures technical standards and
regulations;
d) Failure to make regular or ad hoc reports at the
request of a competent authority on accreditation results registered.
3. A fine of from VND 70,000,000 to VND 100,000,000
shall be imposed for any of the following violations:
a) Failure to carry out regular supervision of the
accredited organization;
b) Carrying out accreditation that is not
independent and objective;
c) Providing consulting services for the accredited
organization;
d) Failure to take remedial measures after
receiving a notification from a competent authority of organizing assessment of
conformity violated regulations.
4. A fine of from VND 100,000,000 to VND 150,000,000
shall be imposed for any of the following violations:
a) Failure to take remedial measures for violations
required by a competent authority.
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5. Additional penalties:
The certificate of eligibility for accreditation
shall be suspended for 3 – 6 months in case of the violations specified in
Point b Clause 1, Points a, b and c Clause 2, Points a, b and c Clause 3 and
Clause 4 this Article.
6. Remedial measures:
a) Enforced revocation of the certificate of
accreditation in case of the violations specified in Clause 1, Points a and c
Clause 2, Points b and c Clause 3 and Clause 4 this Article;
b) Enforced transfer of the illegal profit earned
from committing the violations specified in Clause 1, Points a and c Clause 2,
Points b and c Clause 3 and Clause 4 this Article to state budget.
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 any of the following violations:
a) Falsification of conformity marking, quantity
marking of pre-packaged goods or the certificate of conformity with
standards/regulations, declaration of conformity with standards/regulations and
specifying or attaching to goods or enclosed documents;
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c) Falsification of the certificate,
inspection/calibration/test results of measuring instruments or measurement
standards;
d) Using false documents to register provision of
inspection/calibration/testing of measuring instrument or measurement standard
services or apply for provision thereof; register
certification/testing/assessment/inspection/accreditation/training/consulting/prize
consideration or apply for certification/testing/assessment/inspection; apply
for the certificate of measurement standards or certificate of measurement
inspector; apply for the certificate of petrol and oil/gas preparation
registration; apply for the certificate of eligibility for helmet production,
certificate of eligibility for use of quantity marking on pre-packaged goods
labels, license for transportation of dangerous goods or certificate of barcode
use rights;
dd) Falsifying contents of the certificate of
registration of providing inspection/calibration/testing of measuring
instrument or measurement standard services; decision on appointment of
inspection/calibration/testing of measuring instruments/measurement standards;
certificate of certification/testing/assessment/inspection/accreditation/training/consulting/prize
consideration registration; decision on appointment of
certification/testing/assessment/inspection organization; decision on
certification of measurement standards, decision on certification of
measurement inspector; certificate of petrol and oil/gas preparation
registration; certificate of eligibility for helmet production, certificate of
eligibility for use of quantity marking on pre-packaged goods labels; license
for transportation of dangerous goods or certificate of barcode use rights.
3. Additional penalties:
a) Production, import or sale of goods shall be
suspended for 1 - 3 months in case of the violation specified in Point a Clause
2 this Article;
b) Revocation of the certificate of standard
conformity; certificate of regulation conformity; conformity marking; quantity
marking on pre-packaged goods; certificate of
certification/testing/assessment/inspection/accreditation,
test/inspection/assessment results of quality; stamp, marking or certificate of
inspection/calibration; certificate of registration of providing
inspection/calibration/testing of measuring instrument or measurement standard
services; decision on appointment of inspection/calibration/testing of
measuring instruments/measurement standards; certificate of
certification/testing/assessment/inspection/accreditation/training/consulting/prize
consideration registration; decision on appointment of
certification/testing/assessment/inspection organization; decision on
certification of measurement standards, decision on certification of
measurement inspector; certificate of petrol and oil/gas preparation
registration; certificate of eligibility for helmet production, certificate of
eligibility for use of quantity marking on pre-packaged goods labels; license for
transportation of dangerous goods or certificate of barcode use rights in case
of the violation specified in Clause 2 this Article.
4. Remedial measures:
a) Enforced correction of false information about
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
attached to goods, measuring instruments, measurement standards or enclosed
documents; or enforced destruction of goods, measuring instruments or measurement
standards violating the provisions stated in Points a and c Clause 2 this
Article if the aforesaid elements fail to be removed.
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1. A fine of from VND 30,000,000 to VND 40,000,000
shall be imposed for any of the following violations:
a) Considering rewards for quality of goods when
registration thereof has not been granted by a competent authority;
b) Considering rewards for quality of goods not
included in the registered rewards.
2. A fine of from VND 40,000,000 to VND 70,000,000
shall be imposed for any of the following violations:
a) Considering and giving rewards for quality of
goods not in compliance with the registered regulations on rewards;
b) Lack of prescribed qualifications for
consideration of rewards of relevant experts;
c) Failure to provide documents on consideration of
rewards for quality of goods when required by a competent authority;
d) Failure to report results of consideration of
rewards for quality of goods when required by a competent authority.
3. A fine of from VND 70,000,000 to VND 100,000,000
shall be imposed for failure to make reports on remedial measures for
violations required by a competent authority.
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The written confirmation of reward registration
shall be suspended for 1 – 3 months in case of the violations specified in
Point b Clause 1, Points a, b and c Clause 2 this Article.
5. Remedial measures:
a) Enforced revocation or removal of the decision
on giving rewards in case of the violations specified in Clause 1, Points a, b
and c Clause 2 and Claus 3 this Article;
b) Enforced revocation or removal of the reward in
case of the violations specified in Clause 1, Points a, b and c Clause 2 and
Claus 3 this Article;
c) Enforced transfer of the illegal profit earned
from committing the violations specified in Clause 1, Points a, b and c Clause
2 and Clause 3 this Article to state budget.
Article 26. Violations against
regulations on national quality awards
1. A warning shall be imposed for any of the
following violations:
a) Failure to comply with criteria for
consideration of rewards of the rewarded enterprise within prescribed time
limit;
b) Taking advantage of national quality awards to
damage the prestige thereof.
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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
1. A fine of from VND 30,000,000 to VND 70,000,000
shall be imposed for any of the following violations:
a) Transportation of dangerous goods without a
license granted by a competent authority;
b) Using the expired license for transportation of
dangerous goods;
c) Transportation of dangerous goods not included
in the license;
d) Using vehicles to transport, packaging or
labeling dangerous goods illegally;
dd) Failure to provide documents related to
transportation of dangerous goods at the request of a competent authority;
e) Failure to notify vehicle users (vehicle
owner/driver/escort) in writing of contents related to the process of
transporting dangerous goods, such as: the list of dangerous goods for
transport, safety data sheet and response to chemical emergencies;
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h) Failure to report the process of transporting
dangerous goods;
i) Failure to take remedial measures for violations
required by a competent authority.
2. Additional penalty:
The license for transportation of dangerous goods
shall be suspended for 1 - 3 months in case of the violations specified in
Points c, dd and e Clause 1 this Article.
3. Remedial measure:
The license for transportation of dangerous goods
shall be revoked in case of the violation specified in Point g this Article.
Article 28. Violations against
regulations on production of helmets
1. A fine of from VND 30,000,000 to VND 40,000,000
shall be imposed for any of the following violations:
a) Production of helmets without the certificate of
eligibility for production of helmets granted by a competent authority;
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2. Remedial measures:
a) The certificate of eligibility for production of
helmets shall be revoked in case of the violation specified in Point b Clause 1
this Article;
b) Enforced transfer of illegal profit earned from
committing the violation specified in Clause 1 this Article to state budget.
Article 29. Violations against
regulations on production and preparation of gas or petrol and oil
1. A fine of from VND 40,000,000 to VND 60,000,000
shall be imposed for any of the following violations:
a) Production or preparation of gas or petrol and
oil without a certificate granted by a competent authority;
b) Using the expired certificate of petrol and
oil/gas preparation registration.
2. Remedial measures:
a) The certificate of petrol and oil/gas
preparation registration shall be revoked in case of the violation specified in
Point b Clause 1 this Article;
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Section 3. VIOLATIONS AGAINST
REGULATIONS ON GOODS LABELS AND BARCODES
Article 30. Violations against
regulations on goods labeling
1. A fine of from VND 500,000 to VND 1,000,000
shall be imposed for any of the following violations if the illegal goods are
not exceeding VND 5,000,000:
a) The goods have labels that are obscured, torn,
translucent or illegible or make it unable to read all compulsory contents on
goods labels;
b) The goods have labels specifying false letter
and number sizes, language, quantity and measurement units prescribed in
regulations of law on goods labeling.
2. The fines for the violation specified in Clause
1 this Article if the illegal goods are exceeding VND 5,000,000:
a) A fine of from VND 1,000,000 to VND 3,000,000 if
the illegal goods are exceeding VND 5,000,000 but not exceeding VND 10,000,000;
b) A fine of from VND 3,000,000 to VND 5,000,000 if
the illegal goods are exceeding VND 10,000,000 but not exceeding VND
20,000,000;
c) A fine of from VND 5,000,000 to VND 7,000,000 if
the illegal goods are exceeding VND 20,000,000 but not exceeding 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 exceeding VND 50,000,000 but not exceeding VND
70,000,000;
e) A fine of from VND 15,000,000 to VND 20,000,000
if the illegal goods are exceeding VND 70,000,000 but not exceeding VND
100,000,000;
g) A fine of from VND 20,000,000 to VND 30,000,000
if the illegal goods are exceeding VND 100,000,000.
3. Remedial measure:
Enforced recall of goods in case of the violations specified
in Clauses 1 and 2 this Article.
Article 31. Violations against
regulations on compulsory contents specified on goods labels
1. A fine of from VND 500,000 to VND 1,000,000
shall be imposed for any of the following violations if the illegal goods are
not exceeding VND 3,000,000:
a) The goods have labels (including stamps or
auxiliary labels) or enclosed documents not specifying compulsory contents on
the goods labels in accordance with regulations of law on goods labeling;
b) Imported goods have original labels in a foreign
language but do not have auxiliary labels in Vietnamese.
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a) A fine of from VND 1,000,000 to VND 4,000,000 if
the illegal goods are exceeding VND 3,000,000 but not exceeding VND 10,000,000;
b) A fine of from VND 4,000,000 to VND 7,000,000 if
the illegal goods are exceeding VND 10,000,000 but not exceeding VND
20,000,000;
c) A fine of from VND 7,000,000 to VND 10,000,000
if the illegal goods are exceeding VND 20,000,000 but not exceeding VND
30,000,000;
d) A fine of from VND 10,000,000 to VND 15,000,000
if the illegal goods are exceeding VND 30,000,000 but not exceeding VND
50,000,000;
dd) A fine of from VND 15,000,000 to VND 20,000,000
if the illegal goods are exceeding VND 50,000,000 but not exceeding VND
70,000,000;
e) A fine of from VND 20,000,000 to VND 25,000,000
if the illegal goods are exceeding VND 70,000,000 but not exceeding VND
100,000,000;
g) A fine of from VND 25,000,000 to VND 30,000,000
if the illegal goods are exceeding VND 100,000,000.
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 labeled goods including
original labels or auxiliary ones of imported goods that are falsified; trade
in goods having fraudulent use duration on goods labels; or trade in expired
goods:
a) A fine of from VND 200,000 to VND 400,000 if the
illegal goods are not exceeding VND 1,000,000;
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c) A fine of from VND 600,000 to VND 1,000,000 if
the illegal goods are exceeding VND 2,000,000 but not exceeding VND 3,000,000;
d) A fine of from VND 1,000,000 to VND 2,000,000 if
the illegal goods are exceeding VND 3,000,000 but not exceeding VND 5,000,000;
dd) A fine of from VND 2,000,000 to VND 3,000,000
if the illegal goods are exceeding VND 5,000,000 but not exceeding VND 10,000,000;
e) A fine of from VND 3,000,000 to VND 5,000,000 if
the illegal goods are exceeding VND 10,000,000 but not exceeding VND
20,000,000;
g) A fine of from VND 5,000,000 to VND 7,000,000 if
the illegal goods are exceeding VND 20,000,000 but not exceeding VND
30,000,000;
h) A fine of from VND 7,000,000 to VND 10,000,000
if the illegal goods are exceeding VND 30,000,000 but not exceeding VND
40,000,000;
i) A fine of from VND 10,000,000 to VND 15,000,000
if the illegal goods are exceeding VND 40,000,000 but not exceeding VND
50,000,000;
k) A fine of from VND 15,000,000 to VND 20,000,000
if the illegal goods are exceeding VND 50,000,000 but not exceeding VND
70,000,000;
l) A fine of from VND 20,000,000 to VND 30,000,000
if the illegal goods are exceeding VND 70,000,000 but not exceeding VND
100,000,000;
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n) A fine of twice as much as the fine prescribed
in Points a, b, c, d, dd, e, g, h, i, k, l and m this Clause shall be imposed
for the following illegal goods: food, food additives, food processing aids,
food preservatives, preventive and curative medicines for humans, functional
foods and cosmetics; detergents, insecticides, veterinary drugs, fertilizers,
cement, feedstuff, pesticides, growth promoters, crop varieties and breeds of
livestock; restricted or conditional goods.
4. The fines for trading in goods without
compulsory labels; without original labels or with falsified original labels:
a) A fine of from VND 1,000,000 to VND 3,000,000 if
the illegal goods are not exceeding VND 5,000,000;
b) A fine of from VND 3,000,000 to VND 6,000,000 if
the illegal goods are exceeding VND 5,000,000 but not exceeding VND 10,000,000;
c) A fine of from VND 6,000,000 to VND 10,000,000
if the illegal goods are exceeding VND 10,000,000 but not exceeding VND
20,000,000;
d) A fine of from VND 10,000,000 to VND 15,000,000
if the illegal goods are exceeding VND 20,000,000 but not exceeding VND
30,000,000;
dd) A fine of from VND 15,000,000 to VND 25,000,000
if the illegal goods are exceeding VND 30,000,000 but not exceeding VND
50,000,000;
e) A fine of from VND 25,000,000 to VND 35,000,000
if the illegal goods are exceeding VND 50,000,000 but not exceeding VND 70,000,000;
g) A fine of from VND 35,000,000 to VND 50,000,000
if the illegal goods are exceeding VND 70,000,000 but not exceeding VND
100,000,000;
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5. The fines for trade in goods attaching
counterfeit labels including goods having labels or packages under another
trader’s name or address; counterfeiting trade names or trade item names of
goods; falsifying registration identification numbers, barcodes or packages of
another trader; goods whose labels or packages showing counterfeit origins of
goods, places of production, packaging or assembly of goods:
a) A fine of from VND 200,000 to VND 500,000 if the
illegal goods equivalent to the quantity of the genuine ones are under VND
1,000,000;
b) A fine of from VND 500,000 to VND 2,000,000 if
the illegal goods equivalent to the quantity of the genuine ones are from VND
1,000,000 to less than VND 3,000,000;
c) A fine of from VND 2,000,000 to VND 3,000,000 if
the illegal goods equivalent to the quantity of the genuine ones are from VND
3,000,000 to less than VND 5,000,000;
d) A fine of from VND 3,000,000 to VND 5,000,000 if
the illegal goods equivalent to the quantity of the genuine ones are from VND
5,000,000 to less than VND 10,000,000;
dd) A fine of from VND 5,000,000 to VND 10,000,000
if the illegal goods equivalent to the quantity of the genuine ones are from
VND 10,000,000 to less than VND 20,000,000;
e) A fine of from VND 10,000,000 to VND 20,000,000
if the illegal goods equivalent to the quantity of the genuine ones are from
VND 20,000,000 to less than VND 30,000,000;
g) A fine of from VND 20,000,000 to VND 30,000,000
if the illegal goods equivalent to the quantity of the genuine ones are from
VND 30,000,000 to less than VND 40,000,000;
h) A fine of from VND 30,000,000 to VND 40,000,000
if the illegal goods equivalent to the quantity of the genuine ones are from
VND 40,000,000 to less than VND 50,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
k) A fine of twice as much as the fine specified in
Points a, b, c, d, dd, e, g, h and i this Clause shall be imposed for any of
the following violations of trade in goods having counterfeit labels if:
- The goods are food, medicines and preventive
medicines for humans without facing criminal prosecution;
- The goods are feedstuff, fertilizers, veterinary
drugs, pesticides, crop varieties and breeds of livestock without facing
criminal prosecution;
- The goods are food additives, food preservatives,
food processing aids, functional foods, cosmetics, detergents, insecticides,
medical equipment, cement, construction steels and helmets.
6. A fine of twice as much as the fine specified in
Clause 5 this Article shall be imposed for production of goods whose labels are
counterfeit.
7. Additional penalties:
a) Exhibits used for administrative violation
commitment mentioned in Clauses 5 and 6 this Article shall be confiscated;
b) The license or certificate to operate shall be
suspended for 1 - 3 months in case of the violations specified in this Clause
if such same violations are committed for multiple times or re-committed.
8. Remedial measures: Enforced destruction of illegal
labels or goods having illegal labels in case of the violations specified in
Clauses 5 and 6 this Article.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine of from VND 2,000,000 to VND 5,000,000
shall be imposed for any of the following violations:
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) Failure to follow procedures for renewal of the
certificate of barcode use rights when it expires;
c) Failure to present legal documents proving
rights to use barcodes when required by 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) Failure to notify in writing together with
documents proving the rights to use foreign identification numbers with the
competent authority when they are used for production or processing domestic
goods;
e) Failure to declare information on the national
identification number database; declare information thereon not in line with
real information about the trade item using the GTIN or location using the GLN;
g) Failure to pay for the maintenance cost of using
barcodes.
2. A fine of from VND 6,000,000 to VND 10,000,000
shall be imposed for any of the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Use of revoked barcodes;
c) Sale or transfer of granted barcodes.
3. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for any of the following violations:
a) Use of foreign barcodes to print on
produced/processed/packaged/extracted goods in Vietnam without a written
permission given by a foreign competent authority or an organization possessing
such barcodes;
b) Use of signs that make it difficult to
distinguish from barcodes of a competent state authority and the GS1.
4. A fine of from VND 20,000,000 to VND 50,000,000
shall be imposed for any of the following violations:
a) Providing or using source of data on barcodes
not in line with those of the competent state authority and the GS1;
b) Provide false information about the owner or user
of legal GS1 barcodes;
c) Developing and providing services, solutions and
applications based on barcodes of the competent state management.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A fine of from VND 500,000 to VND 1,000,000 if
the illegal goods are not exceeding VND 10,000,000;
b) A fine of from VND 1,000,000 to VND 2,000,000 if
the illegal goods are exceeding VND 10,000,000 but not exceeding VND
20,000,000;
c) A fine of from VND 2,000,000 to VND 3,000,000 if
the illegal goods are exceeding VND 20,000,000 but not exceeding VND
30,000,000;
d) A fine of from VND 3,000,000 to VND 5,000,000 if
the illegal goods are exceeding VND 30,000,000 but not exceeding VND
50,000,000;
dd) A fine of from VND 5,000,000 to VND 7,000,000
if the illegal goods are exceeding VND 50,000,000 but not exceeding VND
70,000,000;
e) A fine of from VND 7,000,000 to VND 10,000,000
if the illegal goods are exceeding VND 70,000,000 but not exceeding VND
100,000,000;
g) A fine of from VND 10,000,000 to VND 15,000,000
if the illegal goods are exceeding VND 100,000,000.
6. Remedial measures:
a) Enforced recall of goods and destruction of
illegal barcodes on goods, packages or vehicles in case of the violations
specified in Clauses 2 and 3 this Article;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 any of the following violations:
a) Issuing the certificate of barcode use rights
illegally;
b) Using the certificate of barcode use rights not
issued by a competent authority.
2. Remedial measure:
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
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Issue warnings;
b) Impose a maximum fine of VND 500,000 upon an
individual and VND 1,000,000 upon an organization;
c) Confiscate exhibits and equipment used for
administrative violation commitment whose value does not exceed the fine
specified in Point b this Clause;
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; Chiefs of inspectorates of Departments of
Standards, Metrology and Quality of districts/cities and Chief of inspectorate
of the Directorate for Standards, Metrology and Quality are entitled 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;
c) Suspend violators’ operation, licenses or
certificates;
d) Confiscate exhibits and equipment used for administrative
violation commitment whose value does not exceed the fine specified in Point b
this Clause;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Chief of inspectorate of the Ministry of Science
and Technology is 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
certificates;
d) Confiscate exhibits and equipment used for
administrative violation commitment whose value does not exceed the fine
specified in Point b this Clause;
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;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Confiscate exhibits and equipment used for administrative
violation commitment;
dd) Impose remedial measures in case of the
administrative violation specified in Clause 3 Article 2 herein.
Article 35. Power to impose
penalties of Chairpersons of People’s Committees
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) Confiscate exhibits and equipment used for
administrative violation commitment whose value does not exceed the fine
specified in Point b this Clause;
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:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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, decisions,
licenses or certificates granted by competent authorities;
d) Confiscate exhibits and equipment used for administrative
violation commitment whose value does not exceed the fine specified in Point b
this Clause;
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 equipment used for
administrative violation commitment;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 36. Power to impose
penalties of the police
1. Police officers 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. Captains of police stations of the police
officers specified in Clause 1 this Article 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.
3. Chiefs of police departments of communes, police
stations of border checkpoints and export-processing zones are entitled to:
a) Issue warnings;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Confiscate exhibits and equipment used for
administrative violation commitment whose value does not exceed the fine
specified in Point b this Clause;
d) Impose remedial measures in case of the
administrative violation specified in Point a Clause 3 Article 2 herein.
4. Chiefs of police departments of districts;
managers of Social Order Department, Corruption Department, Road and Rail Transport
Department, Internal Waterways Department, Environmental Crime Department, Fire
and Rescue Police Department, Economic Security Department, Cultural and
Politic Security Department and Information Security Department 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) Suspend violators’ operation, decisions,
licenses or certificates granted by competent authorities;
d) Confiscate exhibits and equipment used for
administrative violation commitment whose value does not exceed the fine
specified in Point b this Clause;
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:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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, decisions,
licenses or certificates granted by competent authorities;
d) Confiscate exhibits and equipment used for
administrative violation commitment whose value does not exceed the fine
specified in Point b this Clause;
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. 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:
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 equipment used for
administrative violation commitment whose value does not exceed the fine
specified in Point b this Clause;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 37. Power to impose
penalties of the customs
1. Customs 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. Team leaders of Sub-department of Customs and
Sub-departments of Post-Clearance Inspection 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. 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:
a) Issue warnings;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Confiscate exhibits and equipment used for
violation commitment whose value does not exceed the fine specified in Point b
this Clause;
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.
4. Director of the Smuggling Investigation
Department, Director of the Post-clearance Inspection Department affiliated to
the General Department of Customs, Director of provincial Customs Departments
are entitled 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;
c) Suspend violators’ operation, licenses or
certificates;
d) Confiscate exhibits and equipment used for
violation commitment whose value does not exceed the fine specified in Point b
this Clause;
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:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Impose the maximum fine under provisions stated
herein;
c) Confiscate exhibits and equipment used for
administrative violation commitment;
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.
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;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Confiscate exhibits and equipment used for
violation commitment whose value does not exceed the fine specified in Point b
this Clause;
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.
3. Directors of Market Surveillance Departments of
Provincial Departments of Industry and Trade, managers of departments
affiliated to Market Surveillance Agency are entitled 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;
c) Confiscate exhibits and equipment used for violation
commitment whose value does not exceed the fine specified in Point b this
Clause;
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 of the Market Surveillance Agency is
entitled to:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Impose the maximum fine under provisions stated
herein;
c) Confiscate exhibits and equipment used for
administrative violation commitment;
d) Suspend violators’ operation, licenses or
certificates;
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
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:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Impose a maximum fine of VND 2,500,000 upon an
individual and VND 5,000,000 upon an organization.
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:
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) Confiscate exhibits and equipment used for
violation commitment whose value does not exceed the fine specified in Point b
this Clause;
d) Impose remedial measures in case of the
administrative violation specified in Points a, g, h and i Clause 3 Article 2
herein.
4. Captains of provincial border guard command
centers, commanders of coastal guard fleets affiliated to the Border Guard
Headquarters are entitled to:
a) Issue warnings;
b) Impose the maximum fine under provisions stated
herein;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Confiscate exhibits and equipment used for
administrative violation commitment;
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 40. Power to impose
penalties of the coastguard
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;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Issue warnings;
b) Impose a maximum fine of VND 10,000,000 upon an
individual and VND 20,000,000 upon an organization;
c) Impose remedial measures in case of the
administrative violation specified in Point a Clause 3 Article 2 herein.
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) Confiscate exhibits and equipment used for
violation commitment whose value does not exceed the fine specified in Point b
this Clause;
d) Impose remedial measures in case of the
administrative violation specified in Points a, b, g, h and i Clause 3 Article
2 herein.
5. Commanders of coastguard fleets are entitled to:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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) Confiscate exhibits and equipment used for
violation commitment whose value does not exceed the fine specified in Point b
this Clause;
d) Impose remedial measures in case of the
administrative violation specified in Points a, b, g, h and i Clause 3 Article
2 herein.
6. Commander of Regional Coastguard is entitled 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) Confiscate exhibits and equipment used for
violation commitment whose value does not exceed the fine specified in Point b
this Clause;
d) Impose 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:
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b) Impose the maximum fines for corresponding
fields under the provisions of Article 24 herein;
c) Suspend violators’ operation, licenses or
certificates;
d) Confiscate exhibits and equipment used for
administrative violation commitment;
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) Confiscate exhibits and equipment used for
violation commitment whose value does not exceed the fine specified in Point b
this Clause;
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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:
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
certificates;
d) Confiscate exhibits and equipment used for
violation commitment whose value does not exceed the fine specified in Point b
this Clause;
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;
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c) Suspend violators’ operation, licenses or
certificates;
d) Confiscate exhibits and equipment used for
administrative violation commitment whose value does not exceed the fine
specified in Point b this Clause;
dd) Impose remedial measures in case of the
administrative violation specified in Clause 3 Article 2 herein.
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:
a) Issue warnings;
b) Impose the maximum fine under provisions stated
herein;
c) Suspend violators’ operation, licenses or
certificates;
d) Confiscate exhibits and equipment used for
administrative violation commitment;
dd) Impose remedial measures in case of the
administrative violation specified in Clause 3 Article 2 herein.
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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 for all administrative violations specified herein within the power
stated in Article 34 herein and within the scope of their functions, tasks, and
entitlements.
2. Chairpersons of People’s Committees have the
power to make reports, impose penalties and remedial measures for all
administrative violations specified herein within the power stated in Article
35 herein and within the scope of their functions, tasks, and entitlements.
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 for
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 for 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 for 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 for 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
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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.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 44. Effect
This Decree comes into force from December 15,
2017.
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 shall be superseded by this Decree
from the date of its entry into force.
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, favorable provisions shall apply to the violating entity.
Article 46. Implementation
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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.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc