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 commission;
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 commission;
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 commission 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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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;
dd) Failure to carry out regular
supervision assessment for a requesting entity;
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;
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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 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;
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Article 22.
Violations against regulations on provision of training and consulting services
in management of quality measurement standards
1. A fine of from VND 30,000,000 to
VND 50,000,000 shall be imposed for 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.
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The certificate of eligibility for
providing training/consulting services shall be suspended for 3 – 6 months in
case of the violations specified in Point b Clause 1, Points a and b Clause 2
and Clauses 3 this Article.
5. Remedial measures:
a) Enforced revocation of the certificate
of 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:
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b) Failure to declare process and
procedures for assessment, accreditation and other relevant requirements
therefor;
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:
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b) Issuing or maintaining the
certificate of accreditation for the conformity assessment organization that
violates requirements therefor stated in relevant legislative documents.
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:
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b) Falsification of the certificate
of certification/testing/assessment/inspection/accreditation,
test/inspection/supervision/assessment results of goods;
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;
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Article 25.
Violations against regulations on rewards for quality of goods
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.
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4. Additional penalty:
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;
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2. Remedial measure:
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;
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g) Failure to request an
environmental authority to cooperate in taking actions against chemical
emergencies during the transportation of dangerous goods;
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:
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b) Using the expired certificate of
eligibility for production of helmets.
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:
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b) Enforced transfer of the illegal
profit earned from committing the violation specified in Clause 1 this Article
to state budget.
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;
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d) 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 50,000,000;
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;
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2. The fines for the violation
specified in Clause 1 this Article if the illegal goods are exceeding VND
3,000,000:
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:
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b) A fine of from VND 400,000 to
VND 600,000 if the illegal goods are exceeding VND 1,000,000 but not exceeding
VND 2,000,000;
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;
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m) A fine of from VND 30,000,000 to
VND 40,000,000 if the illegal goods are exceeding VND 100,000,000;
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;
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h) A fine of from VND 50,000,000 to
VND 60,000,000 if the illegal goods are exceeding VND 100,000,000.
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;
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i) A fine of from VND 40,000,000 to
VND 50,000,000 if the illegal goods equivalent to the quantity of the genuine
ones are assessed at VND 50,000,000 or over.
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 commission 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.
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Article 32.
Violations against regulations on use of barcodes
1. A fine of from VND 2,000,000 to
VND 5,000,000 shall be imposed for 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.
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a) Use of the barcode using Vietnam
code (893) without grant of rights to use barcodes;
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;
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5. The fines for trade in goods
violating regulations on barcodes:
a) A fine of from VND 500,000 to
VND 1,000,000 if the illegal goods are 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:
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b) Enforced transfer of the illegal
profit earned from committing the violation specified in Clause 4 this Article
to state budget.
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
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1. Inspectors and entities
responsible for conducting scientific and technological inspections in the
performance of their duties are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND
500,000 upon an individual and VND 1,000,000 upon an organization;
c) Confiscate exhibits and
equipment used for administrative violation commission 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;
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dd) Impose remedial measures in
case of the administrative violation specified in Clause 3 Article 2 herein.
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 commission 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;
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c) Suspend violators’ operation,
licenses or certificates;
d) Confiscate exhibits and
equipment used for administrative violation commission;
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 commission 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.
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a) Issue warnings;
b) Impose a maximum fine of VND
50,000,000 upon an individual and VND 100,000,000 upon an organization;
c) Suspend violators’ operation,
decisions, licenses or certificates granted by competent authorities;
d) Confiscate exhibits and
equipment used for administrative violation commission 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;
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dd) Impose remedial measures in
case of the administrative violation specified in Clause 3 Article 2 herein.
Article 36.
Power to impose penalties of the 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:
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b) Impose a maximum fine of VND
2,500,000 upon an individual and VND 5,000,000 upon an organization;
c) Confiscate exhibits and
equipment used for administrative violation commission 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 commission 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.
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a) Issue warnings;
b) Impose a maximum fine of VND
50,000,000 upon an individual and VND 100,000,000 upon an organization;
c) Suspend violators’ operation,
decisions, licenses or certificates granted by competent authorities;
d) Confiscate exhibits and
equipment used for administrative violation commission 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;
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dd) Impose remedial measures in
case of the administrative violation specified in Points a, dd, g, h and i
Clause 3 Article 2 herein.
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:
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b) Impose a maximum fine of VND
25,000,000 upon an individual and VND 50,000,000 upon an organization;
c) Confiscate exhibits and
equipment used for violation commission 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 commission 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.
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a) Issue warnings;
b) Impose the maximum fine under
provisions stated herein;
c) Confiscate exhibits and
equipment used for administrative violation commission;
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:
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b) Impose a maximum fine of VND
25,000,000 upon an individual and VND 50,000,000 upon an organization;
c) Confiscate exhibits and
equipment used for violation commission 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 commission 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.
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a) Issue warnings;
b) Impose the maximum fine under
provisions stated herein;
c) Confiscate exhibits and
equipment used for administrative violation commission;
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;
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a) Issue warnings;
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 commission 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;
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c) Suspend violators’ operation,
licenses or certificates;
d) Confiscate exhibits and
equipment used for administrative violation commission;
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;
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3. Coastguard squad leaders and
captains of coastguard stations are entitled to:
a) Issue warnings;
b) Impose a maximum fine of VND
10,000,000 upon an individual and VND 20,000,000 upon an organization;
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 commission 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.
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a) Issue warnings;
b) Impose a maximum fine of VND
30,000,000 upon an individual and VND 60,000,000 upon an organization for
committing a measurement-related violation; VND 45,000,000 upon an individual
and VND 90,000,000 upon an organization for committing a product
quality-related violation;
c) Confiscate exhibits and
equipment used for violation commission 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 commission 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.
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a) Issue warnings;
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 commission;
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;
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d) Impose remedial measures in case
of the administrative violation specified in Point a Clause 3 Article 2 herein.
2. Chief 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 commission 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:
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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 commission 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 commission;
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Article 42.
Distribution of power of inspectors, entities responsible for conducting
scientific and technological inspections, Chairpersons of People’s Committees,
the police, customs, market surveillance authorities, border guard, coastguard,
inspectors and entities responsible for conducting other inspections
1. Inspectors have the power to
impose penalties and entities responsible for conducting scientific and
technological inspections have the power to make reports, impose penalties and
remedial measures 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.
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1. Holders of the positions
mentioned in Article 34, Article 35, Article 36, Article 37, Article 38,
Article 39, Article 40 and Article 41 herein and officials and public employees
in the performance of their duties when detecting administrative violations
against regulations on standards, measurement and quality of goods have the power
to make reports on such administrative violations.
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.
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1. The Minister of Science and
Technology shall provide guidelines for and implement this Decree.
2. Ministers, heads of ministerial
and governmental authorities, Chairpersons of People’s Committees of
provinces/central-affiliated cities and relevant authorities, organizations and
individuals shall implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc