THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 126/2021/ND-CP
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Hanoi, December 30, 2021
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DECREE
ON AMENDMENTS TO CERTAIN ARTICLES OF DECREES ON
ADMINISTRATIVE PENALTIES IN INDUSTRIAL PROPERTY; STANDARDS, MEASUREMENT AND
QUALITY OF GOODS; SCIENCE AND TECHNOLOGY ACTIVITIES, TECHNOLOGY TRANSFERS;
ATOMIC ENERGY
Pursuant to the Law on
organization of Government of Vietnam dated June 19, 2015; Law on amendments to
the Law on organization of Government of Vietnam and the Law on Organization of
Local Governments of Vietnam dated November 22, 2019;
Pursuant to the Law on
handling of administrative violations of Vietnam dated June 20, 2012; Law on
amendments to the Law on handling of administrative violations of Vietnam dated
November 13, 2020;
Pursuant to the Law on
intellectual property of Vietnam dated November 29, 2005; Law on amendments to
the Law on intellectual property of Vietnam dated June 19, 2009; Law on
amendments to the Law on Insurance Business of Vietnam, the Law on Intellectual
Property of Vietnam dated June 14, 2019;
Pursuant to the Law on
Technical regulations and standards of Vietnam dated June 29, 2006;
Pursuant to the Law on
Product and goods quality of Vietnam dated November 21, 2007;
Pursuant to the Law on
measurement of Vietnam dated November 11, 2011;
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Pursuant to the Law on
technology transfer of Vietnam dated June 19, 2017;
Pursuant to the Law on
Atomic Energy of Vietnam dated June 3, 2008;
At the proposal of
Minister of Science and Technology of Vietnam;
The Government of
Vietnam promulgates a Decree on amendments to certain articles of Decrees on
administrative penalties in industrial property; standards, measurement and
quality of goods; science and technology activities, technology transfers;
atomic energy.
Article 1. Amendments
to Decree No. 99/2013/ND-CP dated August 29, 2013 of the Government on
administrative penalties in industrial property
1. Article 1 shall be amended as
follows:
“Article 1. Scope
1. This Decree specifies acts of administrative violation,
sanctioning forms and levels, remedies; procedures for filing written requests
for handling of violations; entities subject to sanctions; competence and
procedures for settling written requests for handling of violations; powers to
make reports against administrative violations, sanctioning competence and
fines to be imposed by given positions and enforcement of decisions on
sanctioning administrative violations in industrial property.
2. Other administrative violations against regulations on
industrial property not specified herein shall apply regulations stated in
other Government's Decrees on penalties for administrative violations against
regulations on state management.”.
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“Article 1a. Entities
subject to administrative sanctions
1. Vietnamese or foreign individuals and organizations that
commit administrative violations as prescribed in this Decree within Vietnam’s
territory.
2. Household businesses or households that commit
administrative violations as prescribed in this Decree shall face the sanctions
as similarly as offending persons.
3. Organizations subject to sanctions as per this Decree
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) Industrial property
representation;
d) Industrial property
assessment organizations;
dd) Other organizations
established in accordance with law.
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3. Clause 3 Article 3 shall be amended as follows:
a) Point b Clause 3 shall
be amended as follows:
b) Forcible distribution
or use for noncommercial purposes of goods bearing counterfeit marks or
geographical indications; raw materials, materials and means used mainly for
producing or trading in these goods, after infringing elements on these goods
are removed, provided such act does not affect the exercise of the industrial
property rights by their holders, does not cause harms to the health of humans,
domestic animals, plants and environment;”;
b) Point d Clause 3 shall
be amended as follows:
“d) Forcible destruction
of goods bearing counterfeit marks or geographical indications, means, raw
materials and materials used mainly for producing or trading in these goods,
evidence and means involved in violations on which infringing elements cannot be
removed; infringing goods which may cause harms to the health of humans,
domestic animals, plants and the environment; stamps, labels, and articles
bearing counterfeit marks or geographical indications; stamps, labels, packages
and other articles bearing infringing elements;”;
c) Point h Clause 3 shall
be amended as follows:
“h) Forcible remittance
of illicit earnings from the commission of administrative violations if such
illicit earnings are justifiably determined or forcible remittance of an amount
equal to value of material evidence or means of administrative violation which
have been sold, dispersed or destroyed in contrary to provisions of law;”;
d) Point i Clause 3 shall
be added as follows:
“i) Forcible submission
of falsified documents to the competent authorities or persons that issued such
documents.”.
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“Article 4. Valuation
of material evidences and means of violations
1. The valuation of material evidences and means of violations
being goods or services infringing the industrial property rights and
intellectual property counterfeit goods as prescribed in clause 2 Article 213
of the Intellecual Property Law of Vietnam for use as a basis for
determining the fine bracket and sanctioning competence shall be applied basing
on one of grounds according to the priority order specified in Clause 2 Article
60 of the Law on Handling of Administrative Violations of Vietnam as
follows:
a) The price listed or
stated in the contract or purchase invoices or import declaration;
b) The price according to
the notice of local financial agencies; in case of without price notice, the
price shall be based on the market price in the localities at the time of
happening administrative violations;
c) The cost price of
infringing goods if they are goods not yet been brought out for sale.
2. In case the grounds mentioned in Clause 1 of this Article
cannot be applied for valuating material evidences to serve as a basis for
determining the fine bracket or sanctioning competence, the competent persons
settling case may issue a decision to temporarily seizure the infringing
material evidences and establish a Council of valuation as prescribed in Clause
3 Article 60 of the Law on Handling of Administrative Violations.
3. The valuation of means of administrative violations to
serve as a basis for determining the fine bracket or sanctioning competence
shall comply with Article 60 of the Law on Handling of administrative
violations.”.
5. Clause 4 Article 5 shall be
amended as follows:
“4. Remedial measures:
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6. The first paragraph of clause 1
Article 6 shall be amended as follows:
“1. A fine of between VND
10.000.000 and 20.000.000 for any of the following acts:
7. Certain clauses of Article 7 shall be amended as follows:
a) The first paragraph of
clause 1 shall be amended as follows:
“1. A fine of between VND
6.000.000 and 15.000.000 for any of the following acts:”;
b) The first paragraph of
clause 2 shall be amended as follows:
“2. A fine of between VND
15.000.000 and 30.000.000 for any of the following acts:”;
c) Clause 3 shall be
amended as follows:
“3. A fine of between VND
30.000.000 and 60.000.000 for any of the following acts:
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b) Providing untruthful
information to competent state agencies in the process of registration and
inspection of industrial property representation operations, application for
industrial property representation practice certificates or request for
recognition of industrial property representation service providers.
d) The first paragraph of
clause 4 shall be amended as follows:
“4. A fine of between VND
60.000.000 and 120.000.000 for any of the following acts:”;
dd) Clause 6 shall be
amended as follows:
“6. Remedial measures:
Forcible submission of
falsified practicing certificates of industrial property representation to the
competent authorities or persons that issued such certificates in relation to
the violations as specified in point e clause 2 of this Article.”.
8. Certain points and clauses of Article 8 shall be amended as
follows:
a) The first paragraph of
clause 1 shall be amended as follows:
“1. A fine of between VND
1.500.000 and 3.000.000 for any of the following acts:”;
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“2. A fine of between VND
6.000.000 and VND 15.000.000 for acts of modifying, falsifying content of
assessor cards or certificates of eligibility for industrial property
assessment.”;
c) The first paragraph of
clause 3 shall be amended as follows:
“3. A fine of between VND
15.000.000 and 30.000.000 for any of the following acts:”;
d) Clause 4 shall be
amended as follows:
“4. A fine of between VND
30.000.000 and 60.000.000 for any of the following acts:
a) Taking advantage of
the assessor status and assessment activities for self-seeking purposes;
b) Deliberately making
untruthful assessment conclusions;
c) Modifying, erasing or
otherwise falsifying assessment documents without permission;
d) Supplying untruthful
information to competent state agencies in the process of registration and
inspection of industrial property assessment operations, application for
industrial property assessor cards or request for recognition of industrial
property assessment organizations.
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dd) Point a Clause 6
shall be amended as follows:
“a) Forcible submission
of falsified assessor cards or certificates of eligibility for industrial
property assessment, industrial property assessment reports to the competent
authorities or persons that issued such documents in relation to the violations
as specified in clause 2, point c clause 4 of this Article;”.
9. Certain points and clauses of Article 10 shall be amended
as follows:
a) Point a Clause 1 shall
be amended as follows:
“a) Selling, offering for
sale; transporting, included transiting; storing; displaying for sale of
products infringing upon rights to inventions, utility solutions or layout
designs, or products produced from a process infringing upon rights to
inventions or utility solutions;
b) Clause 14 shall be
amended as follows:
“14. Additional
sanctions:
Partial or whole
suspension of the production, trading of infringing goods, for between 01 and
03 months, for violations specified in Clauses 8 thru 13 of this Article.”;
c) Point d Clause 15
shall be amended as follows:
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10. Certain points and clauses of Article 11 shall be amended
as follows:
a) Point a Clause 1 shall
be amended as follows:
“a) Selling, offering for
sale; transporting, included transiting; storing; displaying for sale of
products or services infringing upon rights to marks, geographical indications,
trade names or industrial designs;”;
b) Point a Clause 13
shall be amended as follows:
“a) Production
includes: designing, manufacture, processing, assembling and packaging goods
bearing signs infringing upon rights to marks, trade names, geographical
indications or industrial designs;”;
c) Clause 16 shall be
amended as follows:
“16. Additional
sanctions:
Partial or whole
suspension of the production, trading of infringing goods, for between 01 and
03 months, for violations specified in Clauses 8 thru 13 of this Article.”;
d) Clause 17 shall be
amended as follows:
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a) Forcible removal and
destruction of infringing elements for violations specified in Clauses 1 thru
15 of this Article;
b) Forcible destruction
of material evidence and means used in the commission of violations which
infringing elements cannot be removed; goods that cause harms to the health of
humans, plants and environment; infringing stamps, labels, packages and
articles, for violations specified in Clauses 1 thru 15 of this Article;
c) Forcible bringing out
of the Vietnamese territory of transit goods infringing industrial property
rights for violations specified in Clauses 1 thru 12 of this Article;
d) Forcible change of
enterprise name or removal of infringing elements in enterprise name, for
violations specified in Clause 15 of this Article;
dd) Forcible remittance
of illicit earnings from the commission of administrative violations specified
in Clauses 1 thru 13 of this Article.”.
11. Certain points and clauses of Article 12 shall be amended
as follows:
a) Point a Clause 1 shall
be amended as follows:
“a) Selling, offering for
sale; transporting, included transiting; storing; displaying for sale of goods
bearing counterfeit marks or geographical indications;”;
b) Point a Clause 10
shall be amended as follows:
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c) Clause 12 shall be
amended as follows:
“12. Additional
sanctions:
a) Confiscation of
material evidence and means used in the commission of violations, for
violations specified in Clauses 1 thru 11 of this Article; except for remedial
measures specified in points a, b or c clause 13 of this Articles;
b) Partial or whole
suspension of the production, trading of infringing goods, for between 01 and
03 months, for violations specified in Clauses 7 thru 10 of this Article.”;
d) Clause 13 shall be
amended as follows:
“13. Remedial measures:
a) Forcible destruction
of goods bearing counterfeit marks or geographical indications; raw materials,
materials and means used mainly for producing or trading in counterfeit goods
or geographical indications that cause harms to the health of humans, domestic
animals, plants or environment, for violations specified in Clauses 1 thru 11
of this Article, except for remedial measures specified in point c of this
clause;
b) Forcible distribution
or use for noncommercial purposes of goods bearing counterfeit marks or
geographical indications; raw materials, materials and means used mainly for
producing or trading in these goods, after infringing elements on these goods
are removed, provided such act does not affect the exercise of the industrial property
rights by their holders, does not harm the health of humans, domestic animals,
plants and environment, for violations specified in Clauses 1 thru 11 of this
Article, except for remedial measures specified in point a or c of this clause;
c) Forcible bringing out
of the Vietnamese territory of transit goods or forcible re-export of goods
bearing counterfeit marks or geographical indications, or imported means, raw
materials and materials used mainly for producing or trading in these goods after
infringing elements on these goods are removed, for violations specified in
Clauses 1 thru 10 of this Article;
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12. Certain points and clauses of Article 13 shall be amended
as follows:
a) Point a Clause 1 shall
be amended as follows:
“a) Selling;
transporting, included transiting; supplying: storing; displaying for sale of
stamps, labels, packages or articles bearing counterfeit marks or geographical
indications;”;
b) Point b Clause 8 shall
be amended as follows:
“b) Forcible remittance
of illicit earnings from the commission of administrative violations specified
in Clauses 1 thru 7 of this Article.”.
13. Certain points and clauses of Article 14 shall be amended
as follows:
a) Point a Clause 1 shall
be amended as follows:
“a) Selling;
transporting, included transiting; storing for sale of goods or services
affixed with trade indications, thereby misleading as to business entities or
activities, trade origin of goods or services or origin, method of production,
utilities, quality, quantity or other features of goods or services or
conditions for provision of goods or services;”;
b) Clause 17 shall be
amended as follows:
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Partial or whole
suspension of the production, trading of infringing goods, for between 01 and
03 months, for violations specified in Clauses 8 thru 13 of this Article.”;
c) Clause 18 shall be
amended as follows:
“a) Forcible removal or
forcible destruction of infringing elements, forcible destruction of infringing
goods from which infringing elements cannot be removed, for violations
specified in Clauses 1 thru 15 and point b clause 16 of this Article;
b) Forcible removal of infringing
means of business, services, or websites, for violations specified in Clause 15
and point b clause 16 of this Article;
c) Forcible change of
enterprise name or removal of infringing elements in enterprise name, for
violations specified in point a clause 13 and point b clause 15 of this
Article; forcible change or withdrawal of domain names, for violation specified
in point a Clause 16 of this Article;
d) Forcible remittance of
illicit earnings from the commission of administrative violations specified in
Clauses 1 thru 13 and point a clause 15 of this Article.”.
14. Certain points and clauses of Article 16 shall be amended
as follows:
a) Point c Clause 1 shall
be amended as follows:
“c) Confiscate any
exhibit or means used for commission of administrative violation which is worth
up to 1.000.000 dong;”;
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“d) Confiscate any
exhibit or means used for commission of administrative violation which is worth
up to 100.000.000 dong;”;
c) Point d Clause 4 shall
be amended as follows:
“d) Confiscate any
exhibit or means used for commission of administrative violation which is worth
up to 350.000.000 dong;”.
15. Certain points and clauses of Article 17 shall be amended
as follows:
a) Point c Clause 1 shall
be amended as follows:
“c) Confiscate any
exhibit or means used for commission of administrative violation which is worth
up to 1.000.000 dong;”;
b) Point d Clause 2 shall
be amended as follows:
“d) Confiscate any
exhibit or means used for commission of administrative violation which is worth
up to 100.000.000 dong;”;
c) Point d Clause 4 shall
be amended as follows:
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16. Certain points and clauses of Article 18 shall be amended
as follows:
a) Clause 1 shall be
amended as follows:
“1. Heads of market
management teams, heads of market management division affiliated to Market
Management Department of Vietnam may:
a) Impose warning;
b) Fine up to VND
25.000.000;
c) Confiscate material
evidence or means used in the commission of administrative violations which is
worth up to VND 50.000.000;
d) Apply remedies
specified at Points a, b, d, dd, e, g and h Clause 3 Article 3 of this Decree.”;
b) Clause 2 shall be
amended as follows:
“2. Directors of the
Market Surveillance Operation Departments and Directors of the Market
Surveillance Departments at the provincial level affiliated to the Vietnam
Directorate of Market Surveillance of Vietnam shall be vested with the
following powers:
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b) Fine up to VND
50.000.000;
c) Deprive of the right
to use practice permits or certificates for a definite period or suspend the
business in infringing goods or services for a definite period;
d) Confiscate material
evidence or means used in the commission of administrative violations;
dd) Apply remedies
specified at Clause 3 Article 3 of this Decree.”;
c) The first paragraph of
clause 3 shall be amended as follows:
“3. General Director of
the Vietnam Directorate of Market Surveillance of Vietnam shall be accorded the
following powers:”.
17. Certain points and clauses of Article 19 shall be amended
as follows:
a) The first paragraph of
clause 1 shall be amended as follows:
“1. Heads, leaders
of Sub-departments of Customs; Leaders of Control Teams affiliated to
Departments of Customs of provinces, inter-provinces, central-affiliated
cities; Heads of Post-Customs Clearance Inspection Sub-Departments may:”;
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“2. Directors of
Sub-departments of Customs, Sub-departments of Post-clearance Inspection, team
leaders of provincial Customs Departments, criminal investigation team leaders,
smuggling prevention team leaders, leaders of customs control teams at sea and
leaders of counterfeit smuggling control teams and leaders of intellectual
property right protection teams affiliated to Anti-Smuggling and Investigation
Department of Vietnam; Heads of Post-Customs Clearance Inspection Sub-Departments
affiliated to Post-Customs Clearance Inspection Department of Vietnam may:
a) Impose warning;
b) Fine up to VND
25.000.000;
c) Confiscate material
evidence or means used in the commission of administrative violations which is
worth up to VND 50.000.000;
d) Apply remedies
specified at Points a, b, c, d, dd, g and h Clause 3 Article 3 of this
Decree.”;
c) Point d Clause 3 shall
be amended as follows:
“d) Seize any exhibit or
means used in commission of administrative violation;”.
18. Certain points and clauses of Article 20 shall be amended
as follows:
a) Clause 1 shall be
amended as follows:
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a) Impose warning;
b) Fine up to VND
2.500.000;
c) Confiscate material
evidence or means used in the commission of administrative violations which is
worth up to VND 5.000.000;
d) Apply remedies
specified at Point d Clause 3 Article 3 of this Decree.”;
b) Clause 2 shall be
amended as follows:
“2. District-level police
chiefs, heads of police sections for investigation of crimes related to
corruption, economics, smuggling affiliated to provincial police department
may:
a) Impose warning;
b) Fine up to VND
25.000.000;
c) Deprive of the right
to use practice permits or certificates for a definite period or suspend the
business in infringing goods or services for a definite period;
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dd) Apply remedies
specified at Points b, d, dd, and g Clause 3 Article 3 of this Decree.”;
c) Point d Clause 3 shall
be amended as follows:
“d) Seize any exhibit or
means used in commission of administrative violation;”;
d) The first paragraph of
clause 4 shall be amended as follows:
“4. Directors of the
Police Departments for Investigation of Crimes related to corruption,
economics, smuggling may:”.
19. Point d Clause 1
Article 21 shall be amended as follows:
“d) Seize any exhibit or
means used in commission of administrative violation;”.
20. Article 21a shall
be added to Article 21 as follows:
“Article 21a. Power to
make an administrative offense report
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1. Persons authorized to impose administrative penalties in
industrial property shall be regulated in Article 16 through Article 21 of this
Decree;
2. Persons in police forces, officials and public employees in
the agencies from Article 16 through 21 of this Decree who are on duty.”.
21. Clause 2 Article
27 shall be amended as follows:
“2. During the settlement
of the case, if the holder of industrial property rights proposes a handling
measure or the parties to the case reach an agreement on a handling measure in
compliance with the law on intellectual property which does not affect the
rights and interests of a third party, consumers and the society, the agency
competent to handle the violation shall recognize such handling measure and
terminate the handling of the case.”.
22. Point b Clause 2
Article 28 shall be amended as follows:
“b) Lack of grounds to
identify the violation after having accepted the written request for handling
of the violation;”.
23. Article 31 shall be amended as follows:
a) The first paragraph of
clause 31 shall be amended as follows:
“Article 31.
Execution of administrative sanctioning decisions, execution of remedial
measures and enforcement of administrative sanctioning decisions”;
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“1. Execution of
administrative sanctioning decisions, execution of remedial measures and
enforcement of administrative sanctioning decisions prescribed in this Decree
shall comply with Law on Handling of Administrative Violations and guiding
documents.”;
c) Clause 2 shall be
amended as follows:
“2. For decisions which
apply remedial measure of forcible change or removal of infringing elements
from enterprise name, infringing organizations and individuals shall conduct
procedures for changing enterprise name, removing infringing elements from enterprise
name at business registration agencies within 60 days after the effective day
of decisions on sanctioning administrative violations.
After the time limit
mentioned above, if infringing organizations and individuals fail to carry out
procedures for changing enterprise name, removing infringing elements from
enterprise name, agencies issuing decisions on sanctioning administrative
violations shall request the business register agencies to withdraw certificate
of business register.
The business register
agencies shall withdraw certificates of business register as prescribed by law.
The holder of industrial
property rights shall provide adequate documents as required and cooperate with
competent authorities during the handling of the infringing enterprise name.”;
d) Clause 3 shall be
amended as follows:
“3. For decisions on
sanctioning administrative violations which apply remedial measure of forcible
change of information about domain names or return of domain names,
organizations and individuals shall conduct procedures for changing information
of domain names or returning domain names at agencies managing domain names,
within 30 days after the effective day of decisions on sanctioning
administrative violations.
After the time limit
mentioned above, if infringing organizations and individuals fail to carry out
procedures for changing information about domain names, or returning domain
names, agencies issuing decisions on sanctioning administrative violations
shall request the agencies managing domain names to revoke such domain names.
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The domain name registrar
shall send a notice of domain name revocation to the domain name user, revoke
the domain name and send a report to the agency that manages the domain name
upon completion of the revocation.”;
24. Certain points and clauses of Article 32 shall be amended
as follows:
a) The first paragraph of
clause 32 shall be amended as follows:
“Article 32.
Modification, rectification, cancellation of administrative sanctioning
decisions or issuance of new sanctioning decisions”
b) Clause 1 shall be
amended as follows:
“1. In case a decision on
the settlement of a dispute on industrial property is issued by a competent
agency within 90 days from the date of issuance of an administrative
sanctioning decision, leading to a change in grounds and contents of the
administrative sanctioning decision, a person with sanctioning competence shall
issue a decision to modify or cancel partially or wholly the validity of the
issued administrative sanctioning decision or issue a new sanctioning decision
to make it consistent with the dispute settlement decision.”;
c) Points a, b Clause 2
shall be amended as follows:
“a) Requesting the State
Treasury that has collected the fine to refund partially or wholly the fine
amount remitted under the decision on modification, cancellation of the sanctioning
decision or issuance of new sanctioning decision at the request of the
organization or individual that has paid the fine. The request for fine
refund may be accepted within 90 days after the date of issuance of the
decision on modification, cancellation of the sanctioning decision or issuance
of new sanctioning decision;
b) Returning the goods,
article or means of business which has been seized or confiscated but not yet
handled. In case such goods, article or means of business has been handled, the
organization or individual that has requested the violation handling shall pay
a compensation to the handled organization or individual according to the
commitment realized upon requesting the violation handling, if any.”;
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“3. Except as provided in
clause 1 of this Article, the modification, rectification, cancellation of
sanctioning decision or issuance of new sanctioning decision in other cases
shall comply with the law on handling of administrative violations.”.
Article 2. Amendments
to Decree No. 119/2017/ND-CP dated November 1, 2017 of the Government on
penalties for administrative violations against regulations on standards,
measurement and quality of goods
1. Clause 2 Article 1 shall be
amended as follows:
“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.”.
2. Point a Clause 2 Article 2 shall
be amended as follows:
“a) Suspension of the
certificate of conformity assessment registration (certificate of
certification/testing/assessment/inspection registration); decision on
appointment of conformity assessment body
(certification/testing/assessment/inspection); certificate of registration of
providing inspection/calibration/testing of measuring instrument/measurement
standard services; 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 eligibility for use of quantity marking on pre-packaged goods
labels; certificate of identification number and/or barcode use rights;
certificate of accreditation registration; certificate of registration of award
consideration, certificate of transportation of dangerous goods; certificate of
petrol and oil/gas preparation registration; certificate of eligibility for
business for 1 – 12 months.”.
3. Points b, dd clause 3 Article 2 shall be amended and point
d1 Clause 3 shall be added to Article 2 as follows:
a) Point b shall be
amended as follows:
‘b) Compulsory bringing
out of the Socialist Republic of Vietnam or compulsory re-export of infringing
goods, objects, equipment and means.”;
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“d1) Enforced
inspection of measurement instruments; compulsory presentation of units of
measurement instruments; compulsory restoration of original state of
measurement instruments; compulsory repacking of pre-packed goods; compulsory
statement of quantity of pre-packed goods, compulsory representation of
measurement units of pre-packed goods;”;
c) Point dd shall be
amended as follows:
“dd) Forcible remittance
of illicit earnings from the commission of administrative violations if such
illicit earnings are justifiably determined or forcible remittance of an amount
equal to value of material evidence or means of administrative violation which
have been sold, dispersed or destroyed in contrary to provisions of law.”.
4. Article 2a shall be added to
Article 2 as follows:
“Article 2a. Execution
of sanctioning decisions, execution of remedial measures and enforcement of
sanctioning decisions:
Execution of
administrative sanctioning decisions, execution of remedial measures and
enforcement of administrative sanctioning decisions prescribed in this Decree
shall comply with Law on Handling of Administrative Violations of Vietnam and
guiding documents.”.
5. Point d Clause 3 Article 3 shall
be amended as follows:
“d) Public service
providers and other organizations as per the law.”.
6. Article 5 shall be amended as
follows:
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1. A fine of between VND 5.000.000 and 10.000.000 for
production, import, sale and use of reference substances or measurement
standards that do not show statutory measurement units.
2. A fine of between VND 10.000.000 and 20.000.000 for any of
the following acts:
a) Failure to calibrate
or compare measurement standards to national standards or measurement standards
having higher accuracy before being put into use;
b) Failure to carry out
tests or comparison of reference substances before putting them into use.
3. A fine of between VND 20.000.000 and 40.000.000 for
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.
4. The following remedial measures for the violations
specified in clause 1, clause 3 of this Article shall apply based on the
following order of priority:
a) Compulsory bringing
out of the Socialist Republic of Vietnam or enforced revocation of and enforced
re-export of reference substances/measurement standards;
b) Enforced revocation
and change of intended use of reference substances/measurement standards;
c) Enforced destruction
of reference substances/measurement standards that cause harm to human’s
health, livestock, plants, fishery and environment.”.
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“1. A fine of between VND
5.000.000 and 10.000.000 for non-specification of statutory measurement
units.”.
8. Point c Clause 3 Article 6 shall
be added as follows:
“c) Production of group 1
measuring instruments not satisfying technical measurement requirements
declared by the entity,”.
9. Clause 6 Article 6 shall be amended
as follows:
“6. Remedial measures:
a) Compulsory
specification of statutory measurement units before being put into use as to
the violation specified in clause 1 of this Article;
b) Compulsory inspection,
calibration of group 1 measuring instruments before being put into use as to
the violation specified in clause 2 of this Article;
c) As for the violations
specified in points a and c clause 3, clause 4 of this Article, the remedial
measures shall apply in the following order of priority: Enforced confiscation
of sold measuring instruments; enforced revocation and change of intended use
of measurement instruments; enforced revocation of measuring instruments that
cause harm to human’s health, livestock, plants, fishery and environment.”.
10. Clause 1 Article 7
shall be amended as follows:
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11. Point c Clause 3
Article 7 shall be amended as follows:
“c) Import of group 1
measuring instruments not satisfying technical measurement requirements
declared by the entity;”.
12. Clause 6 Article 7
shall be amended as follows:
“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;
b) As for the violations
as prescribed in clause 1, point c clause 3, clause 4 of this Article, apply
remedial measures in the following order of priority: compulsory bringing out
of the Socialist Republic of Vietnam or enforced revocation of and enforced
re-export of measurement instruments; enforced revocation and change of
intended use of measurement instruments; enforced revocation of measuring
instruments that cause harm to human’s health, livestock, plants, fishery and
environment.”.
13. Clause 5 of
Article 8 shall be amended as follows:
“5. Remedial measures:
a) Enforced inspection
and calibration of the group 2 measuring instrument repaired before being put
into use for violations specified in Clause 2 of this Article;
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c) Enforced transfer of
the illegal profit earned from committing the violation specified in Clause 4
of this Article to state budget.”.
14. Clause 1 of
Article 9 shall be amended as follows:
A fine of between VND
2.000.000 and 4.000.000 for non-specification of statutory measurement units on
group 2 measuring instruments.”.
15. Clause 2 of
Article 9 shall be amended as follows:
“2. A fine of between VND
5.000.000 and 10.000.000 for any of the following acts:
a) Sale of group 2
measuring instruments whose samples have not been approved;
b) Sale of group 2
measuring instruments whose samples are not satisfactory to those approved by a
competent authority;
c) Sale of group 1
measuring instruments not satisfying technical measurement requirements
declared by the seller.”.
16. Clause 3 of
Article 9 shall be amended as follows:
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a) Enforced revocation of
measurement instruments in circulation for the violations in clause 1 hereof;
b) As for the violations
as prescribed in points a, b and c clause 2 of this Article, apply remedial
measures in the following order of priority: enforced revocation and change of
intended use of measurement instruments; enforced revocation of measuring
instruments that cause harm to human’s health, livestock, plants, fishery and
environment;
c) Enforced transfer of
the illegal profit earned from committing the violation specified in point b
clause 1, points b and c clause 2 of this Article to state budget.”.
17. Point b clause 6
Article 10 shall be amended as follows:
“b) Operation of the
inspecting authority shall be suspended for 1 - 3 months in case of the
violations specified in clause 4 of this Article.”.
18. Clause 7 of
Article 10 shall be amended as follows:
“7. Remedial measures:
a) Enforced re-inspection
of measuring instruments before being put into use for violations specified in
points a, b and c Clause 1, Clause 2 of this Article;
b) Enforced transfer of
the illegal profit earned from committing the violation specified in clause 3,
points b and c clause 4 of this Article to state budget.”.
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“a) Operation of the
inspector shall be suspended for 1 - 3 months in case of the violations
specified in Points a, c and d Clause 1, Clause 5 of this Article;”.
“c) Operation of the
inspecting authority shall be suspended for 1 - 3 months in case of the
violations specified in Clauses 2, Clauses 3, 4 and 5 of this Article.”.
20. Clause 7 of
Article 11 shall be amended as follows:
“7. Remedial measures:
a) Enforced revocation of
the certificate of inspection in case of the violations specified in points c,
d clause 1, points a, b clause 2, clauses 3, 4 and 5 of this Article;
b) Enforced transfer of
the illegal profit earned from committing the violation specified in clause 2,
3, 4 and 5 of this Article to state budget.”.
21. Clause 2 of
Article 14 shall be amended as follows:
“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;
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c) A fine of from VND
20.000.000 to VND 40.000.000 if the illegal profit is exceeding VND 50.000.000
but not exceeding VND 100.000.000;
d) A fine of from VND
40.000.000 to VND 60.000.000 if the illegal profit is exceeding VND 100.000.000
but not exceeding VND 200.000.000;
dd) A fine equal to 1 - 2
times the illegal profit if it is exceeding VND 200.000.000 but not exceeding
VND 300.000.000;
e) A fine equal to 2 - 3
times the illegal profit if it is exceeding VND 300.000.000 but not exceeding
VND 400.000.000;
g) A fine equal to 3 - 4
times the illegal profit if it is exceeding VND 400.000.000 but not exceeding
VND 500.000.000;
h) A fine equal to 4 - 5
times the illegal profit if it is exceeding VND 500.000.000.”.
22. Clause 2a shall be
added to clause 2 Article 14 as follows:
“2a. Additional
sanctions:
Confiscation of the
amount of illicit profits obtained by committing violations specified in Clause
2 of this Article."
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"dd) The
non-suitable number of units of prepackaged goods exceeds the regulations;
".
24. Clause 2 Article
15 shall be amended as follows:
“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;
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h) A fine equal to 4 - 5
times the illegal profit if it is exceeding VND 500.000.000.”.
25. Clause 2a shall be
added to clause 2 Article 15 as follows:
“2a. Additional
sanctions:
Confiscation of the
amount of illicit profits obtained by committing violations specified in Clause
2 of this Article."
26. Clause 3 Article
15 shall be amended as follows:
“3. Remedial measures:
a) Enforced specification
of the quantity of pre-packed goods, forcing the expression of the measuring
unit, enforced specification of the quantitative mark of prepackaged goods
produced as prescribed before continuing to put into circulation for violations
specified in Point a Clause 1 of this Article;
b) Enforced repackage of
pre-packed goods manufactured as prescribed for violations specified in Point b
Clause 1, Clause 2 of this Article;
c) Enforced export of
pre-packed imported goods as prescribed for violations specified in Points a, b
Clause 1, Clause 2 of this Article.”.
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"d) Sale of
pre-packed goods with the number of units exceeding the regulations; ".
28. Clause 2 Article
16 shall be amended as follows:
“2. The fine 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
2.000.000 to VND 5.000.000 if the illegal profit is not exceeding VND
10.000.000;
b) A fine of from VND
5.000.000 to VND 10.000.000 if the illegal profit is exceeding VND 10.000.000
but not exceeding VND 50.000.000;
c) A fine of from VND
10.000.000 to VND 20.000.000 if the illegal profit is exceeding VND 50.000.000
but not exceeding VND 100.000.000;
d) A fine of from VND
20.000.000 to VND 40.000.000 if the illegal profit is exceeding VND 100.000.000
but not exceeding VND 200.000.000;
dd) A fine equal to 1 - 2
times the illegal profit if it is exceeding VND 200.000.000 but not exceeding
VND 300.000.000;
e) A fine equal to 2 - 3
times the illegal profit if it is exceeding VND 300.000.000 but not exceeding
VND 400.000.000;
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h) A fine equal to 4 - 5
times the illegal profit if it is exceeding VND 500.000.000.”.
29. Clause 2a shall be
added to clause 2 Article 16 as follows:
“2a. Additional
sanctions:
Confiscation of the
amount of illicit profits obtained by committing violations specified in Clause
2 of this Article."
30. Clause 3 Article
16 shall be amended as follows:
“3. Remedial measures:
Enforced revocation of
pre-packed goods in circulation as prescribed for violations specified in
Clause 1, Clause 2 of this Article.”.
31. Article 17 shall
be amended as follows:
“Article 17.
Violations against regulations on declaration of applicable standards except
for violations in the field of food safety
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2. The fines for the act of production or import of products,
goods having quality not satisfying the corresponding technical regulations:
a) A fine of from VND
500.000 to VND 1.000.000 if the illegal goods are 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 4.000.000 if the illegal goods are exceeding VND 20.000.000
but not exceeding VND 40.000.000;
d) A fine of from VND
4.000.000 to VND 8.000.000 if the illegal goods are exceeding VND 40.000.000
but not exceeding VND 80.000.000;
dd) A fine of from VND
8.000.000 to VND 15.000.000 if the illegal goods are exceeding VND 80.000.000
but not exceeding VND 150.000.000;
e) A fine of from VND
15.000.000 to VND 30.000.000 if the illegal goods are exceeding VND 150.000.000
but not exceeding VND 300.000.000;
g) A fine of from VND
30.000.000 to VND 100.000.000 if the illegal goods are exceeding VND
300.000.000.
3. A fine of from VND 20.000.000 to VND 40.000.000 if contents
of declared standards are not satisfactory to corresponding technical
regulations or regulations of a competent authority.
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5. 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.
6. A fine of between VND 10.000.000 and 20.000.000 for any of
the following acts:
a) Failure to fulfill
requirements for declared management system standards;
b) Failure to develop,
apply and maintain the quality management system;
c) Failure to apply
management system standards but declare the application.
7. Remedial measures:
a) As for the violations
specified in clauses 1, 2, 3, and 4 of this Article, the remedial measures
shall apply in the following order of priority: compulsory bringing out of the
Socialist Republic of Vietnam or enforced revocation of and enforced re-export
of imports; enforced revocation and change of intended use of imports; enforced
revocation of goods that cause harm to human’s health, livestock, plants,
fishery and environment;
b) Enforced revision of
declared standards and re-compliance with declaration of applicable standards
in case of the violation specified in Clause 5 this Article;
c) Enforced correction of
false or misunderstanding information through the mass media or enforced
compliance with declared standards in case of the violation specified in Clause
5 of this Article.”.
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a) The first paragraph of
clause 2 Article 18 shall be amended as follows:
“2. A fine of from VND
10.000.000 to VND 20.000.000 shall be imposed for any of the following
violations:
b) Point e shall be added
to Clause 2 Article 18 as follows:
"e) Failing to
submit a certified true copy of certificate of quality or certificate of
assessment to the inspecting agency within the prescribed time limit for
imports and the legal document prescribes measures for management according to
the results of certification and assessment of the certification authority or
assessment authority that has been registered or acknowledged by regulations of
law.”;
c) Clause 5 Article 18 is
amended as follows:
“5. Remedial measures:
In case of commission of
any of the violations in Clause 1, Point dd Clause 2, Point c Clause 3 and
Clause 4 of this Article, the remedial measures shall apply in the following
order of priority:
a) Compulsory bringing
out of the Socialist Republic of Vietnam or enforced re-export of imports
b) Enforced revocation
and recycling or change of intended use;
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33. Clause 1a shall be added to clause 1 Article 19; the first
paragraph of clause 3, point e clause 3 and clause 6 Article 19 shall be
amended; clause 3a shall be added to clause 3 Article 19 as follows:
a) Clause 1a shall be
added to Clause 1 Article 19 as follows:
“1a. A fine of from
VND 10.000.000 to VND 20.000.000 shall be imposed for the commission of one of
the following violations:
a) Failing to submit the
result of conformity self-assessment to the inspecting agency within the
prescribed time limit for group 2 imports in case the national technical
regulation prescribes measures for declaration of regulation conformity
according to the result of conformity self-assessment of organizations and
individuals;
b) Failing to submit a
certified true copy of certificate of quality or certificate of assessment to
the inspecting agency within the prescribed time limit for group 2 imports in
case the national technical regulation prescribes measures for declaration of
regulation conformity according to the result of certification and assessment of
the certification authority or assessment authority that has been registered or
acknowledged by regulations of law.”;
b) The first paragraph of
clause 3 Article 19 shall be amended as follows:
“3. A fine of from VND
30.000.000 to VND 40.000.000 shall be imposed for the commission of one of the
following violations in production of goods that are subject to declaration of
regulation conformity according to regulations of the national technical
regulation.
c) Point e Clause 3
Article 19 shall be amended as follows:
“e) Using banned
additives, chemicals or antibiotics in production of goods, except for
production or preparation for food;";
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“3a. A fine of from
VND 50.000.000 to VND 100.000.000 shall be imposed for the commission of one of
the following violations in production or import of goods that are subject to
declaration of regulation conformity according to regulations of the national
technical regulation:
a) Failing 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;
b) Failing to carry out
certification of regulation conformity in production or import of goods that
are subject to certification of regulation conformity carried out by a
certification authority or assessment authority that has been appointed
according to regulations of the Law or using the expired certificate of
regulation conformity or conformity marking;
dd) Clause 6 Article 19
shall be amended as follows:
“6. Remedial measures:
The following remedial
measures for the violations specified in clauses 1,2,3,3a and 4 of this Article
shall apply according to the following order of priority:
a) Compulsory bringing
out of the Socialist Republic of Vietnam or enforced re-export of imports
b) Enforced revocation
and recycling or change of intended use;
c) Enforced revocation of
goods that cause harm to human’s health, livestock, plants, fishery and
environment
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“Article 20.
Violations against regulations on quality of goods for sale, except for
violations in in the field of food safety”.
35. Clause 6 Article
20 shall be amended as follows:
“6. A fine equal to 2 – 3
times the value of illegal goods consumed shall be imposed for commission of
one of the following violations:
a) The goods are
replaced, have ingredients or additives added or removed, impurities mixed or
contain substances that reduce the quality of goods or fail to satisfy the
declared standards.
b) The sold goods have
quality not satisfying corresponding technical regulations or regulations of a
competent authority;
c) The sold goods have
not been carried out measures for management according to regulations of
corresponding national technical regulations or have not been carried out
certification of regulation conformity or assessment in conformity with
technical regulation within the prescribed time limit for group 2 goods”.
36. Clause 7 Article
20 shall be amended as follows:
“7. A fine equal to 3– 5
times the value of illegal goods consumed shall be imposed if replacing, adding
or removing ingredients or additives, mixing impurities or containing
substances that affect safety of human, animals, fishery, property, plants and
the environment; reduce the quality of goods or fail to satisfy corresponding
technical regulations or regulations of the competent authority.
37. Clause 9 Article
20 shall be amended as follows:
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The following remedial
measures for the violations specified in clauses 5,6 and 7 of this Article
shall apply in the following order of priority:
a) Enforced revocation
and change of intended use;
b) Enforced revocation of
goods that cause harm to human’s health, livestock, plants, fishery and
environment
38. Some Points, Clauses of Article 21 shall be amended as
follows:
a) Points c, d Clause 3,
Article 21 shall be added as follows:
“c) Carrying out
assessment of conformity when the certificate of conformity assessment
registration has expired.
d) Carrying out
assessment of conformity beyond the registered scope;
b) The first paragraph of
clause 2 Article 21 shall be amended as follows:
“2. A fine of from VND
50.000.000 to VND 100.000.000 shall be imposed for the commission of one of the
following violations:
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“a) Carrying out
assessment of conformity serving state management when the decision on
appointment has expired;
d) Points d, dd Clause 4
Article 21 shall be added as follows:
“d) Carrying out
assessment of conformity without registration thereof granted by a competent
authority;
dd) Carrying out
assessment of conformity serving state management without appointment;
d) The first paragraph of
clause 3 Article 21 shall be amended as follows:
“3. A fine of from VND
100.000.000 to VND 150.000.000 shall be imposed for the commission of one of
the following violations:
e) The first paragraph of
clause 4 Article 21 shall be amended as follows:
“4. A fine of from VND
150.000.000 to VND 300.000.000 shall be imposed for commission of one of the
following violations:
g) Clause 5 Article 21
shall be amended as follows:
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a) The certificate of
conformity assessment registration shall be suspended for 3 – 6 months in case
of the violations specified in Point b Clause 1, Points c, dd, e and g Clause 2
of this Article;
b) The certificate of
conformity assessment registration shall be suspended for 6 – 9 months in case
of the violations specified in Clause 3, Points a,b,c Clause 4 of this Article;
c) The decision on
appointment for assessment of conformity shall be suspended for 6 – 12 months
in case of the violations specified in Point b Clause 2, Points a,b, Clause 3
and Points a,b,c Clause 4 of this Article
d) The assessment of
conformity shall be suspended for 1 – 3 months in case of the violations specified
in Point a Clause 1 of this Article.”;
h) Clause 6 Article 21
shall be amended as follows:
“6. Remedial measures:
a) Enforced revocation of
assessment results of conformity in case of the violations specified in Point a
Clause 1, Points a, b, c, d, e and g Clause 2, Clauses 3 and 4 this Article;
b) Enforced return of
benefits illegally obtained from the commission of the violation in Point b,
Clause 1 or Points a,b,c,d,e and g Clause 2, Clauses 3 and 4 of this Article;”.
39. Some Points, Clauses of Article 23 shall be amended as
follows:
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“1. A fine ranging from
VND 30.000.000 to VND 40.000.000 shall be imposed for failure to make regular
or ad hoc reports at the request of a competent authority on accreditation
results registered.
b) The first paragraph of
clause 2 shall be amended as follows:
“2. A fine of from VND
50.000.000 to VND 100.000.000 shall be imposed for the commission of one of the
following violations:
c) Point dd, e Clause 2
shall be amended as follows:
“dd) Carrying out
accreditation when the certificate of accreditation registration has expired.
e) Carrying out
accreditation beyond the registered scope;
d) The first paragraph of
clause 3 shall be amended as follows:
“3. A fine of from VND
100.000.000 to VND 150.000.000 shall be imposed for the commission of one of
the following violations:
dd) Point c Clause 4
shall be amended as follows:
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e) The first paragraph of
clause 4 shall be amended as follows:
A fine of from VND
150.000.000 to VND 300.000.000 shall be imposed for the commission of one of
the following violations:
g) Clause 5 shall be
amended as follows:
“5. Additional penalties:
a) The certificate of
eligibility for accreditation shall be suspended for 3 – 6 months in case of
the violations specified in Points a,b,c Clause 2 of this Article;
b) The certificate of
eligibility for accreditation shall be suspended for 6 – 9 months in case of
the violations specified in Points dd,e Clauses 2,3 of this Article;
c) The certificate of
eligibility for accreditation shall be suspended for 9 – 12 months in case of
the violations specified in Points a,b Clause 4 of this Article;
d) The accreditation
shall be suspended for 01 - 03 months in case of commission of the violation
specified in Clause 1 of this Article;
h) Clause 6 shall be
amended as follows:
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a) Enforced revocation of
the certificate of accreditation in case of the violations specified in Points
a,b,dd,e Clause 2; Points b,c Clauses 3 and Clause 4 this Article;
b) Enforced return of
benefits illegally obtained from the commission of the violation in Points a,b,dd,e
clause 2; points b,c Clauses 3 and 4 of this Article;”.
40. Point d,dd Clause
2 Article 24 shall be amended as follows:
“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; register for state
inspection of the quality of imports, 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, issue of
card of measurement inspector; certificate of petrol and oil/gas preparation
registration; registration of state inspection of the quality of imports,
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.
41. Point c Clause 4
Article 24 shall be added as follows:
“c) Enforced return 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, issue of card of measurement inspector; certificate of petrol
and oil/gas preparation registration; 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.
42. Some Clauses of Article 25 shall be amended as follows:
a) Clause 1 shall be
amended as follows:
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b) Clause 3 shall be
amended as follows:
“3. A fine of from VND
70.000.000 to VND 100.000.000 shall be imposed for the commission of one of the
following violations:
a) Considering rewards
for quality of goods when registration thereof has not been granted by a
competent authority;
b) Failing to failure to
make reports on remedial measures for violations required by a competent
authority.”;
c) Clause 4 shall be
amended as follows:
“4. Additional penalties:
The certificate of
registration of award consideration shall be suspended for 3 – 6 months in case
of the violations specified in Clause 1, Points a, b and c Clause 2 this
Article.”;
d) Clause 5 shall be
amended as follows:
“5. Remedial measures:
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b) Enforced return of
benefits illegally obtained from the commission of the violation in Clause 1;
Points a,b and c Clause 2 and Clauses 3 of this Article;”.
43. Clause Article 27
shall be amended as follows:
“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 the commission of one 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) Failing to use
materials used to make packages and containers of dangerous goods on the
vehicles in accordance with regulations, declared standards, technical
regulations of packages and containers corresponding to each type of
substances, each group of dangerous goods under the licensing competence;
dd) A vehicle driver,
storekeeper, escort or person loading and unloading goods in case of
transportation of class 5, 7 or 8 - dangerous goods without certificate of
completion of training course on transportation of dangerous goods according to
regulations or with the expired certificate of completion of training course;
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g) Failing to have a
declaration of dangerous goods sent by the hirer who hires transportation of
dangerous goods (hereinafter referred to as “the hire”) to the carrier before loading
the goods on the vehicle; failing to buy insurance for dangerous goods when
transporting them on the railway according to regulations;
h) Carrier not displaying
the dangerous logo of the type or group of dangerous goods that are being
transported according to regulations; failing to fully comply with the
notification of the hirer and regulations in the license for transport
dangerous goods; failing to buy insurance in accordance with regulations of the
Law in case of transportation on railways;
i) Vehicle driver not
bringing documents on transportation of dangerous goods provided by the hirer
according to regulations; failing to comply with regulations in the license for
transport dangerous goods; failing to make records, report to the nearest People's
Committees of communes and relevant agencies in order to promptly handling in
case of detection of incidents that threaten the safety of people, vehicles,
the environment and other goods or traffic accidents throughout transportation;
failing to report to superior bodies and hirers for prompt handling in case of
excess of capacity for handling;
k) Failing to take
remedial measures for violations required by a competent authority.
2. Additional penalty:
44. Article 29
shall be amended as follows:
“Article 29.
Violations against regulations on production and preparation of petrol and oil
1. A fine of from VND 40.000.000 to VND 60.000.000 shall be
imposed for the commission of one of the following violations:
a) Production and
preparation of petrol and oil without registration
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c) Using the expired
certificate of petrol and oil preparation registration;
d) Using uncommon
additives and preparations to prepare petrol and oil without the consent of the
competent authority;
dd) Production or
preparation of petrol and oil at a location that is not the location for
production or preparation according to the certificate of petrol and oil
preparation registration
2. Additional penalties:
a) The certificate of
petrol and oil preparation registration shall be suspended for 1 - 6 months in
case of the violations specified in Point d Clause 1 this Article;
b) Exhibits used for
administrative violation commitment mentioned in points b and dd Clause 1 of
this Article shall be confiscated;
45. Article 29a shall
be added to Article 29 as follows:
“Article 29a.
Violations against regulations on production and preparation of gas
1. A fine of from VND 10.000.000 to VND 20.000.000 shall be
imposed for the commission of one of the following violations:
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b) Failing to notify the
competent authority of the standard of the additives used to prepare the gas
according to regulations.
2. A fine of from VND 40.000.000 to VND 60.000.000 shall be
imposed for the commission of one of the following violations:
a) Failing to have a
laboratory to check the quality of gas or have a minimum one-year lease contract
with a trader or organization with the laboratory that has registered in
accordance with regulations of the Law, with a trader or organization that is
fully capable for checking the criteria on the quality of gas according to
declared standards and national technical regulations;
b) Production or
preparation of gas at a location that is not the location for preparation
according to the Self-Declaration of conformity with conditions for preparation
sent to the competent management authority.
3. Additional penalties:
b) Exhibits used for
administrative violation commitment mentioned in points b Clause 1, point b
Clause 2 of this Article shall be confiscated;
46. The first
paragraph of Clause 1 Article 30 shall be amended as follows:
“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, except for
goods imported into Vietnam having the original labels with the contents that
are illegible according to regulations of the Law without being remedied by the
importers; goods imported into Vietnam having the original labels without
auxiliary labels in case of customs clearance procedure.”.
47. Clause 3 Article
30 shall be amended as follows:
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a) Enforced recall of
goods and labelling in accordance with regulations before circulation; enforced
destruction of illegal labels; enforced destruction or change of intended use
of goods having illegal labels if it is impossible to remove the illegal labels
from the goods in case of violations specified in Clauses 1 and 2 of this
Article;
b) Enforce remittance of
an amount equal to value of material evidence or means of administrative
violation which have been sold, dispersed or destroyed in contrary to regulations
of law in case of violations specified in this Article.
48. Clause 1 Article
31 shall be amended as follows:
“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, except for goods imported
into Vietnam having the original labels with the contents that are illegible
according to regulations of the Law without being remedied by the importers;
goods imported into Vietnam having the original labels without auxiliary labels
in case of carrying out the customs clearance procedure:
a) Produce, import,
transport, store and trade in goods that have labels (including stamps or
auxiliary labels) or enclosed documents without specifying compulsory contents
on the goods labels in accordance with regulations of law on goods labeling;
b) Import, transport,
store and trade in goods that have original labels in a foreign language
without auxiliary labels in Vietnamese.
49. Clause 2 Article
31 shall be amended as follows:
"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 3.000.000 if the illegal goods are exceeding VND 5.000.000 but
not exceeding VND 10.000.000;
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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;
h) A fine of twice as
much as the fine prescribed in Points a, b, c, d, dd, e and g in this Clause
shall be imposed for the following illegal goods: food, food additives, food processing
aids, food preservatives and functional foods.”.50. The first
paragraph of Clause 3 Article 31 shall be amended as follows:
"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, except for imports that have not been cleared.“.
51. Point n Clause 3
Article 31 shall be amended as follows:
“n) A fine of twice as
much as the fine prescribed in Points a, b, c, d, dd, e and g in this Clause
shall be imposed for the following illegal goods: food, food additives, food
processing aids, food preservatives, preventive and curative medicines for
humans, functional foods and cosmetics; detergents, insecticides, disinfectant
used in household and medical , veterinary drugs, fertilizers, cement,
feedstuff, aquatic feed, treatment products for aquaculture environment,
pesticides, growth promoters, crop varieties and breeds of livestock, aquatic
breeds and conditional goods.
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“4. The fines for trading
in goods without compulsory labels; without original labels or with
original labels not specifying compulsory contents on the goods 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 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 15.000.000 if the illegal goods are exceeding VND 20.000.000 but not
exceeding VND 30.000.000;
dd) A fine of from VND
15.000.000 to VND 25.000.000 if the illegal goods are exceeding VND 30.000.000
but not exceeding VND 50.000.000;
e) A fine of from VND
25.000.000 to VND 35.000.000 if the illegal goods are exceeding VND 50.000.000
but not exceeding VND 70.000.000;
g) A fine of from VND
35.000.000 to VND 50.000.000 if the illegal goods are exceeding VND 70.000.000
but not exceeding VND 100.000.000;
h) A fine of from VND
50.000.000 to VND 60.000.000 if the illegal goods are exceeding VND
100.000.000;
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53. Clause 7 Article
31 shall be amended as follows:
“7. Additional penalties:
a) Confiscate exhibits
used for commission of administrative violation which are 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, for violations specified in Clause 3 of this
Article;
b) The license or
certificate to operate shall be suspended for 1 - 3 months in case of the
violations specified in this Clauses 3,4 of this Article.
54. Clause 8 Article
31 shall be amended as follows:
“8. Remedial measures:
a) As for the violations
specified in clauses 1,2 and 4 of this Article, the remedial measures shall
apply in the following order of priority: compulsory bringing out of the
Socialist Republic of Vietnam or enforced re-export of imports; enforced recall
of goods and labelling in accordance with regulations before circulation;
enforced recall and destruction of illegal labels; enforced destruction or
change of intended use of goods having illegal labels in case it is impossible
to remove the illegal labels from the goods;
b) Enforced recall of
goods and destruction of images, drawings, writings, signs, symbols, medals,
prizes and other information that are not true to nature or fact of such goods;
enforced recall and destruction of goods having fraudulent use duration on
goods labels; or expired goods in case of commission of violations specified in
Clause 3 of this Article;
c) Enforce remittance of
an amount equal to value of material evidence or means of administrative
violation which have been sold, dispersed or destroyed in contrary to regulations
of law in case of violations specified in this Article.
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“b) Using codes and
barcodes in case of the expired certificate of barcode use rights;
e) Declaring information
about codes and barcodes on the national identification number database not in
line with real information about the trade item using the GTIN or location
using the GLN; using trace codes, tags, stamps, labels or formats according to
an appropriate method to provide information on the original of products and
goods without data or with data having the contents and data in contrary to
regulations; attaching tags, stamps, labels or formats according to an
appropriate method to provide information about the original of products and
goods without declaring or updating information in accordance with regulations
on the forms, contents of tags, stamps, labels or formats according to an
appropriate method”.
56. Clause 1a shall be
added to Clause 1 Article 32 as follows:
“1a. Failing to pay
for the maintenance cost of using barcodes in accordance with regulations.
a) A fine equal to 1 to 3
times the amount of the maintenance cost of using barcode The maximum
fine is VND 50.000.000.
b) Remedial measures:
Enforced payment
for the maintenance cost of using barcodes in accordance with regulations.
57. Point a Clause 3
Article 32 shall be amended as follows:
“a) Use of foreign
barcodes to print on produced/processed/packaged/extracted goods in Vietnam
without permission given by the foreign organization possessing such barcodes
to use in Vietnam
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“b) Provide false
information about the owner or user of legal GS1 barcodes that are granted by
the competent state authority in Vietnam.
“c) Developing and
providing services, solutions and applications based on barcodes of the
competent state authority of Vietnam without permission.
59. Clause 6 Article
32 shall be amended as follows:
“6. Remedial measures:
a) Enforced recall of
products, goods and destruction of illegal barcodes; enforced destruction of
goods having illegal labels if it is impossible to remove the illegal barcodes
from the products, goods in case of violations specified in Clauses 2 and 3 of
this Article;
b) Enforced return of
benefits illegally obtained from the commission of the violation in Clause 4 of
this Article;”.
60. Point c Clause 1
Article 34 shall be amended as follows:
“c) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 1.000.000 upon an individual, VND 2.000.000 upon an organization;”;
61. The first
paragraph of Clause 2 Article 34 shall be amended as follows:
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“d) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 100.000.000 upon an individual, VND 200.000.000 upon an
organization;”;
63. Point d Clause 3
Article 34 shall be amended as follows:
“d) Confiscate material
evidences and/or means used for administrative violations in the metrology,
with value of not over VND 140.000.000 upon an individual, VND 280.000.000 upon
an organization; standards and quality of products and goods, with value of not
over 210.000.000 upon an individual, VND 420.000.000 upon an organization;”
64. The first
paragraph of Clause 3 Article 34 shall be amended as follows:
“3. Chief of inspectorate
of the Ministry, Director of Department of Management of Goods and Product
Quality affiliated to Directorate for Standards, Metrology and Quality according
to their functions, powers and tasks that are assigned shall have the power to:
65. Point c Clause 1
Article 35 shall be amended as follows:
“c) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 10.000.000 upon an individual, VND 20.000.000 upon an organization;”;
66. Point b Clause 2
Article 35 shall be amended as follows:
“b) Impose a fine of VND
50,000,000 upon an individual and VND 100,000,000 upon an organization in the
metrology, a fine of VND 75.000.000 upon an individual and VND 150.000.000 upon
an organization in the standards and quality of products and goods.
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“d) Confiscate exhibits
and/or means used for administrative violations;”.
68. The first
paragraph of Clause 2 Article 36 shall be amended as follows:
“2. Heads of
company-level Mobile Police Units, Captains of police stations of the police
officers specified in Clause 1 this Article shall have the power to:
69. The first
paragraph of Clause 3 Article 36 shall be amended as follows:
“3. Heads of
Communal-level Police Authorities, Police Stations of Border Checkpoints and
Export-Processing Zones, Chiefs of International Airport Border Gate Police,
Commanders of Mobile Police Battalions, Squadron Leaders shall have the power
to:
70. Point c Clause 3
Article 36 shall be amended as follows:
“c) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 5.000.000 upon an individual, VND 10.000.000 upon an organization;”;
71. Clause 4 Article
36 shall be amended as follows:
“4.
Heads of District-level Police Authorities, Managers of Specialized Departments
of Traffic Police Departments and Heads of Provincial-level Police Departments,
including Heads of Police Departments for Waterway Navigation, Heads of Traffic
Police Departments, Heads of Police Departments for Investigation into Social
Order-related Crimes, Heads of Police Departments for Administrative Management
of Social Order, Heads of Police Departments for Investigation into Corruption,
Economy and Smuggling-related Crimes, Heads of Environment Police Departments,
Heads of Police Departments for Investigation into Drug-related Crimes, Heads
of Road-Rail Traffic Divisions, Heads of Road Traffic Divisions, Heads of
Internal Political Security Departments, Heads of Economic Security Departments
shall have power to:
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“d) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 50.000.000 upon an individual, VND 100.000.000 upon an organization;”;
73. Point b Clause 5
Article 36 shall be amended as follows:
“b) Impose a fine of VND
50.000.000 upon an individual and VND 100.000.000 upon an organization in the
metrology, a fine of VND 75.000.000 upon an individual and VND 150.000.000 upon
an organization in the standards and quality of products and goods.
74. Point d Clause 5
Article 36 shall be amended as follows:
“d) Confiscate exhibits
and/or means used for administrative violations;”.
75. The first
paragraph of Clause 6 Article 36 shall be amended as follows:
"6. Director of
Department of Cybersecurity and Hi-tech Crime Prevention and Control, Director
of Police Department for Investigation into Social Order-related Crimes,
Director of Police Department for Investigation into Corruption, Economy and
Smuggling-related Crimes, Director of Police Department for Administrative
Management of Social Order, Director of Police Department for Investigation
into Drug-related Crimes, Director of Internal Political Security Department,
Director of Economic Security Department, Director of Environment Police
Department, Director of Police Traffic Department, Director of Immigration
Department shall have the power to:
76. Point d Clause 6
Article 36 shall be amended as follows:
“d) Confiscate exhibits
and/or means used for administrative violations;”.
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“Team leaders and squad
leaders of Sub-departments of Customs; squad leaders of Control Teams of
Customs Departments of provinces and inter-provinces; team leaders of Post
Clearance Audit Sub-Departments shall have the power to:
78. The first
paragraph of Clause 3, Point c Clause 3 Article 37 shall be amended as follows:
“3. Directors of
Sub-departments of Customs; Directors of Post Clearance Audit Sub-Departments;
team leaders of Control Teams of Customs Departments of provinces and
inter-provinces; team leaders of Criminal Investigation Teams; team leaders of
Anti-smuggling Control Teams; Commanders of Sea Patrol Squadrons and Team
leaders of Anti-smuggling, Counterfeit Product Control and Intellectual Property
Teams affiliated to the Anti-Smuggling and Investigation Department; Directors
of Post Clearance Audit Sub-Departments affiliated to Post Clearance Audit
Department shall have the power to:
“c) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 50.000.000 upon an individual, VND 100.000.000 upon an organization;”;
79. Point d Clause 4
Article 37 shall be amended as follows:
“d) Confiscate exhibits
and/or means used for administrative violations;”.
80. Point c Clause 2
Article 38 shall be amended as follows:
“c) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 50.000.000 upon an individual, VND 100.000.000 upon an organization;”;
81. The first
paragraph of Clause 3 Article 38 shall be amended as follows:
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82. Point c Clause 3
Article 38 shall be amended as follows:
“c) Confiscate material
evidences and/or means used for administrative violations;
83. The first
paragraph of Clause 4 Article 38 shall be amended as follows:
"4. Director General
of Vietnam Directorate of Market Surveillance shall have the power to:
84. Clause 2a shall be
added to Clause 2 Article 39 as follows:
“2a. Team leaders
of Crime and Drug Prevention and Control Task Forces affiliated to Crime and
Drug Prevention and Control Brigades shall have the power to:
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) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 20.000.000 upon an individual, VND 40.000.000 upon an organization;”;
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85. The first
paragraph of Clause 3 Article 39 shall be amended as follows:
“3. Heads of Border-guard
posts, Commanders of Border-guard Flotillas and Commanders of Port Border
Guards shall have the power to:
86. Points c, d Clause
3 Article 39 shall be amended as follows:
“c) Confiscate material
evidences and/or means used for administrative violations in the metrology,
with value of not over VND 40.000.000 upon an individual, VND 80.000.000 upon
an organization; the standards and quality of products and goods, with value of
not over 210.000.000 upon an individual, VND 420.000.000 upon an organization;”
d) Enforce remedial
measures mentioned in Points a, b, g, h and i Clause 3 Article 2 of this
Decree.
87. Clause 3a shall be
added to Clause 3 Article 39 as follows:
“3a. Commanders of
Crime and Drug Prevention and Control Brigades affiliated to Crime and Drug
Prevention and Control Department of Border Guard High Command shall have the
power to:
a) Issue warnings;
b) Impose a fine of VND
50.000.000 upon an individual and VND 100.000.000 upon an organization in the
metrology, a fine of VND 75.000.000 upon an individual and VND 150.000.000 upon
an organization in the standards and quality of products and goods.
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d) Enforce remedial
measures mentioned in Points a, b, dd, g, h and i Clause 3 Article 2 of this
Decree.
88. The first
paragraph of Clause 4 Article 39 shall be amended as follows:
“4. Commanders of
provincial-level Border Guard Forces, Commanders of Coastguard Squadrons,
Director of Crime and Drug Prevention and Control Department of Border Guard
High Command shall have the power to:
89. Point dd Clause 4
Article 39 shall be amended as follows:
“dd) Enforce remedial
measures mentioned in Points a, b, dd, g, h and i Clause 3 Article 2 of this
Decree.”
90. Point c Clause 4; the first paragraph and point c Clauses 5
and 6 Article 40 shall be amended as follows:
a) Point c Clause 4 shall
be amended as follows:
“c) Confiscate material
evidences and/or means used for administrative violations in the metrology,
with value of not over VND 40.000.000 upon an individual, VND 80.000.000 upon
an organization; the standards and quality of products and goods, with value of
not over 50.000.000 upon an individual, VND 100.000.000 upon an organization;”
b) The first paragraph of
Clause 5 shall be amended as follows:
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c) Point c, Clause 5
shall be amended as follows:
“c) Confiscate material
evidences and/or means used for administrative violations in the metrology,
with value of not over VND 60.000.000 upon an individual, VND 120.000.000 upon
an organization; the standards and quality of products and goods, with value of
not over 90.000.000 upon an individual, VND 180.000.000 upon an organization;”
d) Clause 6 shall be
amended as follows:
“6. Commanders of
Regional Coast Guards, Director of Operation and Law Department affiliated to
Vietnam Coast Guard shall have the power to:
a) Issue warnings;
b) Impose a fine of VND
50.000.000 upon an individual and VND 100.000.000 upon an organization in the
metrology, a fine of VND 75.000.000 upon an individual and VND 150.000.000 upon
an organization in the standards and quality of products and goods.
c) Suspend
licenses/practicing certificates for fixed periods;
d) Confiscate exhibits
and/or means used for administrative violations;
d) Enforce remedial
measures mentioned in Points a, b, g, h and i Clause 3 Article 2 of this
Decree.”.
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“c) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 1.000.000 upon an individual, VND 2.000.000 upon an organization;”;
92. The first
paragraph of Clause 2 Article 41 shall be amended as follows:
“2. Chief
Inspectors of Provincial Departments, Directors of Provincial Food Safety and
Hygiene Authorities affiliated to Department of Health, Directors of Regional
Animal Health Offices, Directors of Area Animal Quarantine Branches affiliated
to Department of Animal Health, Directors of Regional Plant Quarantine Sub-Departments
affiliated to Plant Protection Department, Directors of Agro-Forestry-Fisheries
Quality Assurance Sub- Departments in Central and Southern Vietnam affiliated
to National Agro-Forestry-Fisheries Quality Assurance Department, Directors of
Provincial Crop Production and Plant Protection Authorities, Directors of
Provincial Departments of Livestock Production and Veterinary Medicine,
Directors of Provincial Departments of Fisheries, Directors of
Agro-Forestry-Fisheries Quality Assurance Sub-Departments affiliated to
Department of Agriculture and Rural Development, Directors of Regional Radio
Frequency Centers shall have the power to:
93. Point d Clause 2
Article 41 shall be amended as follows:
“d) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 100.000.000 upon an individual, VND 200.000.000 upon an
organization;”.
94. Point d Clause 4
Article 41 shall be amended as follows:
“d) Confiscate material
evidences and/or means used for administrative violations in the metrology,
with value of not over VND 140.000.000 upon an individual, VND 280.000.000 upon
an organization; the standards and quality of products and goods, with value of
not over 210.000.000 upon an individual, VND 420.000.000 upon an organization;”
95. The first
paragraph of Clause 5 Article 41 shall be amended as follows:
“5. Chief Inspectors of
Ministries, ministerial authorities, Director General of Vietnam Administration
of Forestry, Director General of Directorate of Fisheries , Director General of
General Department of Geology and Minerals of Vietnam, Director General of
Vietnam Environment Administration, Directors of Department of Work Safety,
Vietnam Chemicals Agency, Industrial Safety Techniques and Environment Agency,
Industry Agency, Viet Nam Competition and Consumer Authority, Department of
Animal Health, Plant Protection Department, Department of Crop Production,
Department of Livestock production, National Agro - Forestry - Fisheries
Quality Assurance Department, Agrotrade Vietnam, Authority of Radio Frequency
Management, Authority of Broadcasting and Electronic Information, Authority of
Press, Department of Publication, Printing and Distribution of Viet Nam, Drug
Administration of Vietnam, Department of Medical Service Administration, Health
Environment Management Agency, General Department of Preventive Medicine and
Vietnam Food Safety Authority shall have the power to:
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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, persons in the People's Army
of Vietnam and the People's Public Security Forces, officials and public
employees in the performance of their duties when detecting administrative
violations against regulations on standards, measurement and quality of goods
shall have the power to make reports on such administrative violations
according to regulations.
Article 3. Amendments
to some articles of the Government’s Decree No 51/2019/ND-CP dated June 13,
2019 on prescribing administrative fines for violations arising from scientific
and technological activities and technology transfer
1. Clause 11, 12 and 13 shall be
added to Article 4 as follows:
“11. Enforced disclosure
of science and technology tasks
12. Enforced making of performance review reports in accordance
with regulations.
13. Enforced registration of change and amendments to
certificates of registration of scientific and technological operations.”.
2. Clause 4a shall be added to
Clause 4 as follows:
“Article 4a. Execution
of administrative sanctioning decisions, execution of remedial measures and
enforcement of administrative sanctioning decisions
Execution of
administrative sanctioning decisions, execution of remedial measures and
enforcement of administrative sanctioning decisions prescribed in this Decree
shall comply with Law on Handling of Administrative Violations and guiding
documents.’.
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a) Clause 2 shall be
amended as follows:
“2. A fine of from VND
2.000.000 to VND 4.000.000 shall be imposed for the commission of one of the
following violations:
a) Failing to carry out
or carry out disclosure of science and technology tasks performed by using
state budget allocations assigned to competent regulatory authorities;
b) Failing to register
achievements in scientific and technological tasks performed by using state
budget allocations assigned to competent regulatory authorities.";
b) Clause 3 shall be
added to Clause 2 as follows:
“3. Remedial measures:
Enforced disclosure of
science and technology tasks in relation to the violations as specified in
Point a, Clause 1 of this Article.".
4. Some Clauses of Article 8 shall be amended as follows:
a) Clause 1 shall be
amended as follows:
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b) Clause 10 shall be
amended as follows:
“10. Remedial measures:
a) Enforced making of
performance review reports in accordance with regulations in relation to the
violations as specified in Clause 1 of this Article;
b) Enforced registration
of change and amendments to certificates of registration of scientific and
technological operations in relation to the violations specified in point b,
Clause 3 of this Article.”.
c) Enforced revocation of
dossiers and documents containing false information in relation to violations
specified in Clause 7 of this Article.".
5. Some Clauses of Article 20 shall be amended as follows:
a) Clause 2 shall be
amended as follows:
“A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for failure to repay subsidies
from the State by due dates in accordance with regulations when the certificate
of registration of technology transfer or the certificate of transfer of
technology encouraged for transfer is revoked.
b) Point l Clause 4 shall
be amended as follows:
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6. Clause 2 Article 27 shall be
amended as follows:
“2. Persons in the
People's Public Security forces, officials and public employees working for entities
specified in from Article 28 through Article 34 who are on duty.”.
7. Some Points, Clauses of Article 28 shall be amended as
follows:
a) Point c Clause 1 shall
be amended as follows:
“c) Confiscate material
evidences and/or means used for administrative violations which is worth up to
VND 1.000.000.”;
b) Point d Clause 2 shall
be amended as follows:
“d) Confiscate material
evidences and/or means used for administrative violations which is worth up to
VND 50.000.000.”;
c) Point d Clause 4 shall
be amended as follows:
“d) Confiscate material
evidences and/or means used for administrative violations which is worth up to
VND 70.000.000.”;
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a) Point c Clause 1 shall
be amended as follows:
“c) Confiscate material
evidences and/or means used for administrative violations which is worth up to
VND 10.000.000.”;
b) Point d Clause 2 shall
be amended as follows:
“d) Confiscate exhibits
and/or means used for administrative violations;”.
9. Some Clauses of Article 30 shall be amended as follows:
a) The first paragraph of
Clause 2 shall be amended as follows:
"2. Heads of Police
Stations and Leaders of the soldiers mentioned in Clause 1 of this Article
shall have the power to:
b) Clause 3 shall be
amended as follows:
“3. Heads of
Communal-level Police Authorities, Police Stations of Border Checkpoints and
Export-Processing Zones, Chiefs of International Airport Border Gate Police,
Squadron Leaders shall have the power to:
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b) Impose a fine of up to
VND 2.500.000;
c) Confiscate material
evidences and/or means used for administrative violations which is worth up to
VND 5.000.000.”;
b) Clause 4 shall be
amended as follows:
“4. Heads of
District-level Police Authorities, Managers of Specialized Departments of
Internal Political Security Departments, Managers of Specialized Departments of
Police Departments for Administrative Management of Social Order, Managers of
Specialized Departments of Cybersecurity and Hi-tech Crime Prevention and
Control Divisions and Heads of Provincial-level Police Departments, including
Heads of Police Departments for Investigation into Corruption, Economy and
Smuggling-related Crimes, Heads of Police Departments for Investigation into
Social Order-related Crimes, Heads of Police Departments for Administrative
Management of Social Order, Heads of Economic Security Departments, Heads of
Internal Political Security Departments, Heads of Cybersecurity and Hi-tech
Crime Prevention and Control Divisions and Chiefs of Environment Police
Departments shall have power to:
a) Issue warnings;
b) Impose a fine of up to
VND 10.000.000;
c) Deprive of the right
to use the followings within the definite term: the certificate of registration
of scientific and technological activities and the certificate of operation of
representative office or branch;
d) Confiscate material
evidences and/or means used for administrative violations which is worth up to
VND 20.000.000.”;
c) Point d Clause 5 shall
be amended as follows:
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10. Some Points, Clauses of Article 31 shall be amended as
follows:
a) The first paragraph of
Clause 2 shall be amended as follows:
“2. “Team leaders and
squad leaders of Sub-departments of Customs; squad leaders of Control Teams of
Customs Departments of provinces and inter-provinces; team leaders of Post
Clearance Audit Sub-Departments shall have the power to:
b) Clause 3 shall be
amended as follows:
"3. Directors of
Sub-departments of Customs; Directors of Post Clearance Audit Sub-Departments;
team leaders of Control Teams of Customs Departments of provinces and
inter-provinces; team leaders of criminal Investigation teams; team leaders of
Anti-smuggling Control Teams; Commanders of Sea Patrol Squadrons and Team
leaders of Anti-smuggling, Counterfeit Product Control and Intellectual
Property Teams affiliated to the Anti-Smuggling and Investigation Department;
Directors of Post Clearance Audit Sub-Departments affiliated to Post Clearance
Audit Department shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 25.000.000;
c) Confiscate material
evidences and/or means used for administrative violations which is worth up to
VND 50.000.000.”;
d) Enforce remedial
measures mentioned in Clause 8 Article 4 of this Decree.”;
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“c) Confiscate material
evidences and/or means used for administrative violations;
11. Some Points, Clauses of Article 32 shall be amended as
follows:
a) Clause 1 shall be
amended as follows:
“1. Team leaders of
Market Surveillance Teams and Heads of Specialized Departments affiliated to
Department of Market Surveillance Operations shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 25.000.000;
c) Confiscate material
evidences and/or means used for administrative violations which is worth up to
VND 50.000.000.”;
b) Clause 2 shall be
amended as follows:
"2. Director of
Provincial Market Surveillance Department and Director of Market Surveillance
Operations Department affiliated to Vietnam Directorate of Market shall have
the power to:
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b) Impose a fine of up to
VND 50.000.000;
c) Confiscate material
evidences and/or means used for administrative violations;
d) Deprive of the right
to use the followings within the definite term: Certificate of fulfillment of
requirements for provision of technology assessment and testing.”.
12. Point c Clause 1
Article 33 shall be amended as follows:
“c) Confiscate material
evidences and/or means used for administrative violations;
13. Some Points, Clauses of Article 34 shall be amended as
follows:
a) Point c Clause 1 shall
be amended as follows:
“c) Confiscate material
evidences and/or means used for administrative violations which is worth up to
VND 1.000.000.”;
b) Point d Clause 2 shall
be amended as follows:
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c) Point d Clause 4 shall
be amended as follows:
“d) Confiscate material
evidences and/or means used for administrative violations which is worth up to
VND 70.000.000;”.
Article 4. Amendments
to some articles of the Government’s Decree No 107/2013/ND-CP dated September
20, 2013 providing on sanctioning of administrative violations in atomic energy
1. Clause 3 Article 1 shall be
amended as follows:
“3. Sanctioning of
administrative violation that fails to provide correct information about
nuclear accidents shall comply with regulations on penalties for administrative
violations in journalistic and publishing activities
2. Article 1a shall be added to
Article 1 as follows:
“Article 1a. Entities
subject to administrative sanctions
1. Vietnamese organizations and individuals or foreign
organizations and individuals committing administrative violations against
regulations in this Decree within Vietnam’s territory.
2. Household businesses and households committing
administrative violations specified in this Decree shall be sanctioned similar
to individual offenders.
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a) Business entities
established under Law on Enterprises including: Sole proprietorships,
joint-stock companies, limited liability companies and partnerships;
b) Business entities
established under Cooperative Law including: Cooperatives and unions of
cooperatives;
c) Other organizations
established in accordance with law.
4. Entities subject to administrative sanctions being
branches, representative offices, places of business of enterprises which have
been determined in accordance with law on handling of administrative
violations.”.
3. Clause 7 Article 2 shall be
amended as follows:
“7. In case the
administrative violations specified in Article 5, Article 6, Article 7, points
a, c, d and dd Clause 2 Article 8, Article 10, Article 13, Article 15 of this
Decree are committed many times, it shall be considered as aggravating
circumstances.
“7. In case, other
administrative violations specified in this Decree are committed many times, it
shall be sanctioned for each violation.
4. Clause 12 shall be added to
Clause 11 Article 3 as follows:
“12. Enforced recall of
goods for destruction.".
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“Article 3a.
Execution of administrative sanctioning decisions, execution of remedial
measures and enforcement of administrative sanctioning decisions
Execution of
administrative sanctioning decisions, execution of remedial measures and
enforcement of administrative sanctioning decisions prescribed in this Decree
shall comply with Law on Handling of Administrative Violations and guiding
documents.”.
6. Clause 2 Article 4 shall be
amended as follows:
“2. The authority to
impose sanctions against administrative violations of persons defined in
Articles 43, 44, 45, 45a, 45b and 45c of this Decree is the authority applied
to an administrative violation of individual. In case of fine, the
authority to impose sanctions for organizations shall be more than twice of the
authority to impose sanctions for individuals.
7. Some Points, Clauses of Article 6 shall be amended as
follows:
a) Clause 1 shall be
amended as follows:
“1. A fine of from VND
2.000.000 to VND 5.000.000 shall be imposed for the commission of one of the
following violations:
a) Carrying out the
radiation jobs when the licenses have been expired for no more than 30 working
days;
b) Failing to carry out
procedure for adjustment of the license for carrying out radiation jobs in
accordance with regulations.”;
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“4. A fine of from VND
5.000.000 to VND 10.000.000 shall be imposed for the commission of one of the
following violations without licenses, in case of violations not to the extent
of being examined for criminal liability:”;
c) Point e shall be added
to Point dd Clause 4 as follows:
“e) Building the
radiation facility,”;
d) Title of Clause 5
shall be amended as follows:
“5. A fine of from VND
10.000.000 to VND 20.000.000 shall be imposed for the commission of one of the
following violations without licenses, in case of violations not to the extent
of being examined for criminal liability:”;
dd) Title of Clause 6
shall be added as follows:
“6. A fine of from VND
20.000.000 to VND 35.000.000 shall be imposed for the commission of one of the
following violations without licenses, in case of violations not to the extent
of being examined for criminal liability:”;
e) Title of Clause 7
shall be added as follows:
“7. A fine of from VND
30.000.000 to VND 50.000.000 shall be imposed for the commission of one of the
following violations without licenses, in case of violations not to the extent
of being examined for criminal liability:”;
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“8. A fine of from VND
40.000.000 to VND 70.000.000 shall be imposed for the commission of one of the
following violations without licenses, in case of violations not to the extent
of being examined for criminal liability:”;
8. Some Points of Clause 2 of Article 8 shall be amended as
follows:
a) Point c shall be
amended as follows:
“c) Failing to equip or
adequately equip the personal dosimeters for radiological workers;”;
b) Point e shall be added
to Point dd Clause 2 as follows:
“e) Failing to set the
level of investigation according to regulations.’.
9. Point c Clause 1 Article 12
shall be amended as follows:
“c) Failing to
periodically inspect radiotherapy equipment according to regulations.”.
10. Point c Clause 4
Article 13 shall be amended as follows:
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11. Point a Clause 1
Article 19 shall be amended as follows:
“a) Failing to formulate,
organize implementation or have decision on approval for plan to response
radiation accidents at grassroots, except for violation specified in point b
Clause 2 Article 17 of this Decree;
12. Point g Clause 2
Article 27 shall be amended as follows:
“g) Failing to appoint a
person in charge of safety or decontamination; have staff trained in medical
physics according to regulations;”.
13. Points c and dd Clause 2 Article 28 shall be amended as
follows:
a) Point c Clause 2 shall
be amended as follows:
“c) Failing to install
locks for gates of the area for security control; failing to install locks for
gates of rooms where radioactive sources are laid, source control rooms,
security control rooms; failing to install locks for water treatment tanks to
preserve radioactive sources in industrial irradiation;”;
b) Point dd Clause 2
shall be amended as follows:
“dd) Failing to have
written permission of heads of facilities or the authorized persons, failing to
have the minutes of handing over when transferring radioactive sources in
internal scope of facilities; failing to have documents on regulations the
responsibilities and powers of the security forces and of each organization and
individual regarding assurance about the security of radioactive sources
according to regulations;”.
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“dd) Failing to have
written permission of heads of facilities or the authorized persons, failing to
have the minutes of handing over when transferring radioactive sources in
internal scope of facilities; failing to have documents on regulations on the
responsibilities and powers of each organization and individual regarding
assurance about the security of radioactive sources according to regulations;”.
15. Point b Clause 2
Article 30 shall be amended as follows:
“b) Committing violations
mentioned in Point d Clause 2 Article 29 of this Decree;”.
16. Point dd Clause 2
Article 31 shall be amended as follows:
“dd) Committing
violations mentioned in Point d Clause 2 Article 29 of this Decree;”.
17. Some Points, Clauses of Article 32 shall be amended as
follows:
a) Point e Clause 1 shall
be amended as follows:
“e) Committing violations
mentioned in Point d Clause 2 Article 29 of this Decree.”;
b) Point e shall be added
to Point dd Clause 3 as follows:
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c) Point c, Clause 5
shall be amended as follows:
“c) Committing violations
mentioned in Point d Clause 2 Article 29 of this Decree.”;
18. Article 33 shall
be amended as follows:
“Article 33. Violating
the provisions on security of radioactive sources when using, storing
radioactive sources at the security level D
A fine of from VND
3.000.000 to VND 6.000.000 shall be imposed for the commission of one of the
following violations:
1. Failing to tally
radioactive sources every three months, every week in case of maintenance,
repair and suspension of production line for equipment using radioactive
sources and installed on the production line.
2. Failing to
have documents on regulations on the responsibilities and powers of each
organization and individual regarding assurance about the security of
radioactive sources according to regulations.”;
19. Clause 4 shall be
added to Clause 3 Article 39 as follows:
“4. Remedial measures:
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20. Some Clauses of Article 40 shall be amended as follows:
a) Clause 2 shall be
amended as follows:
“2. A fine of from VND
8.000.000 to VND 15.000.000 shall be imposed for organizations providing
support service for the application of atomic energy with one of the following
violations:
a) Providing support
service for the application of atomic energy without sufficiency of person
quantity possessing the practice certificates according to regulations;
b) Employing person not
possessing a practice certificate of support service for the application of
atomic energy to perform service activities that require the practicing
certificate.”;
b) Clauses 3 and 4 shall
be added to Clause 2 as follows:
“3. Additional penalties:
Depriving the right
to use the registration license for providing support service for the
application of atomic energy from 01 – 03 months in relation to violations
specified in Point a Clause 2 of this Article;
4. Remedial measures:
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21. Some Clauses of Article 41 shall be amended as follows:
a) Point dd shall be
added to Point d Clause 2 as follows:
“dd) Failing to equip or
adequately equip the personal dosimeters for radiological workers, equipment
for protection; failing to assess personal dose at the prescribed frequency for
workers performing services and directly working with radiation according to
regulations.”;
b) Point dd shall be
added to Point d Clause 3 as follows:
“dd) Failing to ensure
maintenance of material - technical facilities according to the conditions for
granting the registration license for providing support service for the
application of atomic energy, except for violations that are sanctioned
according to regulations of this Decree;” ;
c) Point e shall be added
to Point dd Clause 3 as follows:
“e) Repeating one of
violations specified in Points a, b, d and dd Clause 3 of this Article;
e) Clause 4 shall be
amended as follows:
“4. Additional penalties:
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22. Some Points, Clauses of Article 43 shall be amended as
follows:
a) Point c Clause 1 shall
be amended as follows:
“c) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 1.000.000;”;
b) Point d Clause 2 shall
be amended as follows:
“d) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 100.000.000;”;
c) Point d Clause 3 shall
be amended as follows:
“d) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 500.000.000;”;
23. Some Points of Clause 1 of Article 44 shall be amended as
follows:
a) Point b Clause 1 shall
be amended as follows:
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b) Point d Clause 1 shall
be amended as follows:
“d) Confiscate exhibits
and/or means used for administrative violations;”.
24. Article 45 shall
be amended as follows:
“Article 45. Power to
impose penalties of the People’s Public Security:
1. On-duty soldiers of
the People’s Police forces; Heads of Communal-level Police Authorities shall
have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 500.000;
2. Heads of
Communal-level Police Authorities shall have the power to:
a) Issue warnings;
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c) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 5.000.000;
d) Enforce remedial
measures mentioned in Article 3 of this Decree
3. Heads of
District-level Police Authorities, Managers of Specialized Departments of
Immigration Departments, Managers of Specialized Departments of Police
Departments for Administrative Management of Social Order, Managers of
Specialized Departments of Cybersecurity and Hi-tech Crime Prevention and
Control Divisions and Heads of Provincial-level Police Departments, including
Heads of Police Departments for Investigation into Social Order-related Crimes,
Heads of Police Departments for Administrative Management of Social Order,
Heads of Economic Security Departments, Heads of Cybersecurity and Hi-tech
Crime Prevention and Control Divisions and Chiefs of Environment Police
Departments, Heads of Immigration Departments shall have power to:
a) Issue warnings;
b) Impose a fine of up to
VND 25.000.000;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 50.000.000;
dd) Enforce remedial
measures mentioned in Points 2,4 and 5 Article 3 of this Decree
4. Directors of
provincial-level Public Security Departments shall have the power to:
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b) Impose a fine of up to
VND 100.000.000;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Confiscate exhibits
and/or means used for administrative violations;
dd) Enforce remedial
measures mentioned in Clauses 2, 3, 4, 5, 6, 7 and 8 Article 3 of this Decree
5. Director of
Department of Cybersecurity and Hi-tech Crime Prevention and Control, Director
of Police Department for Investigation into Social Order-related Crimes,
Director of Police Department for Investigation into Corruption, Economy and
Smuggling-related Crimes, Director of Police Department for Administrative
Management of Social Order, Director of Internal Political Security Department,
Director of Economic Security Department, Director of Environment Police
Department shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 1.000.000.000;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Confiscate exhibits
and/or means used for administrative violations;
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25. Article 45a shall
be added to Article 45 as follows:
“Article 45a.
Power to impose administrative penalties of the Customs
1. Directors of Sub-departments of Customs; Directors of Post
Clearance Audit Sub-Departments; team leaders of Control Teams of Customs
Departments of provinces and inter-provinces; Team Leaders of Criminal Investigation
Teams; Team Leaders of Anti-smuggling Control Teams; Commanders of Sea Patrol
Squadrons and Team leaders of Anti-smuggling, Counterfeit Product Control and
Intellectual Property Teams affiliated to the Anti-Smuggling and Investigation
Department; Directors of Post Clearance Audit Sub-Departments affiliated to
Post Clearance Audit Department shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 25.000.000;
c) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 50.000.000;
d) Enforce remedial
measures mentioned in Clauses 2 and 4 Article 3 of this Decree.”;
2. Director of
Smuggling Investigation and Prevention Department, Director of Post Clearance
Audit Department affiliated to General Department of Customs, Directors of
Customs Departments of provinces and inter-provinces shall have the power to:
a) Issue warnings;
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c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Confiscate exhibits
and/or means used for administrative violations;
dd) Enforce remedial
measures mentioned in Clauses 2 and 4 Article 3 of this Decree.
3. Director General of
General Department of Vietnam Customs shall have power to:
a) Issue warnings;
b) Impose a fine of up to
VND 1.000.000.000;
c) Confiscate material
evidences and/or means used for administrative violations;
d) Enforce remedial
measures mentioned in Clauses 2 and 4 Article 3 of this Decree.”;
26. Article 45b shall be added to Article 45a as follows:
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1. Commanders of
Regional Coast Guards, Director of Operation and Law Department affiliated to
Vietnam Coast Guard shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 100.000.000;
c) Suspend
licenses/practicing certificates for fixed periods;
d) Confiscate exhibits
and/or means used for administrative violations;
dd) Enforce remedial
measures mentioned in Clauses 2 and 4 Article 3 of this Decree.
2. Commanders of
Vietnam Coast Guard shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 1.000.000.000;
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d) Confiscate exhibits
and/or means used for administrative violations;
dd) Enforce remedial
measures mentioned in Clauses 2 and 4 Article 3 of this Decree.
27. Article 45c shall be added to Article 45b as follows:
“Article
45c. Power to impose penalties of
Border Guard forces:
1. Commanders of Crime
and Drug Prevention and Control Brigades affiliated to Crime and Drug
Prevention and Control Department of Border Guard High Command shall have the
power to:
a) Issue warnings;
b) Impose a fine of up to
VND 100.000.000;
c) Confiscate material
evidences and/or means used for administrative violations, with value of not
over VND 200.000.000;
d) Enforce remedial
measures mentioned in Clauses 2 and 4 Article 3 of this Decree.”;
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a) Issue warnings;
b) Impose a fine of up to
VND 1.000.000.000;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Confiscate exhibits
and/or means used for administrative violations;
dd) Enforce remedial
measures mentioned in Clauses 2 and 4 Article 3 of this Decree.
28. Article 45d shall be added to Article 45c as follows:
“Article
45d. Determination of power to
impose penalties
1. Science and
technology inspectors:
a) On-duty inspectors and
persons assigned to carry out specialized inspections in Science and Technology
shall have the power to impose penalties for the administrative violations in
Clause 1 Article 5, Clause 1 Article 8, Clause 1 Article 13, Clause 1 Article
27 and Clause 1 Article 42 of this Decree;
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c) Heads of specialized
delegations of the Ministry of Science and Technology shall have the power to
impose penalties for the administrative violations in Article 5, Clauses 1, 2,
3, 4, 5, 6, 7, 8, 10 and 11 Article 6, Article 7, Article 8, Article 9, Article
10, Article 11, Article 12, Article 13, Article 14, Article 15, Article 16,
Article 17, Article 18, Clauses 1, 2, 3 and 5 Article 19, Article 20, Article
21, Article 22, Article 23, Article 24, Article 25, Clause 1 Article 26,
Article 27, Article 28, Article 29, Article 30, Article 31, Article 32, Article
33, Article 34, Clauses 1, 2 and 3 Article 35, Article 36, Clauses 1, 3 and 4
Article 37, Clause 1 Article 38, Article 39, Article 40, Article 41 and Article
42 of this Decree;
d) The Chief Inspector of
Ministry of Science and Technology, Director of the Department of Radiation
Safety and Nuclear shall have the power to impose penalties for the
administrative violations in Chapter II of this Decree;
2. Power to impose
penalties of the Presidents of the People’s Committees at all levels:
a) The Presidents of the
People’s Committees of districts have the power to impose penalties for
administrative violations in Point b, Clause 2 Article 5, Clauses 1, 2, 3, 4,
5, 6, 7, 8, 10 and 11 Article 6, Article 7, Article 9, Article 34 and Article
42 of this Decree;
b) Chairpersons of the
People’s Committees of provinces shall have the power to impose penalties for
administrative violations in Chapter II of this Decree.
3. Power to impose
penalties of the People’s Public Security forces:
a) On-duty soldiers of
the people’s police security forces shall have the power to impose penalties
for administrative violations in Clause 1 Article 5, Clause 1 Article 8 and
Clause 1 Article 42 of this Decree;
b) Heads of
Communal-level Police Authorities shall have the power to impose penalties for
administrative violations in Clauses 1 and 2 Article 5, Clause 1 Article 8,
Clause 1 Article 20 and Clause 1 Article 42 of this Decree;
c) Heads of
District-level Police Authorities, Managers of Specialized Departments of
Immigration Departments, Managers of Specialized Departments of Police
Departments for Administrative Management of Social Order, Managers of
Specialized Departments of Cybersecurity and Hi-tech Crime Prevention and
Control Divisions and Heads of Provincial-level Police Departments, including
Heads of Police Departments for Investigation into Social Order-related Crimes,
Heads of Police Departments for Administrative Management of Social Order,
Heads of Economic Security Departments, Heads of Cybersecurity and Hi-tech
Crime Prevention and Control Divisions and Chiefs of Environment Police
Departments, Heads of Immigration Departments shall have power to impose
penalties for administrative violations in Clauses 1 and 2 Article 5, Clauses
3, 4, 5 and 11 Article 6, Article 8, Article 9, Clauses 1, 2 and 3 Article 17,
Clauses 1 and 6 Article 18, Clause 1 Article 19, Clauses 1 and 2 Articles 20,
Article 30, Article 31, Article 32, Article 33, Clauses 1, 2, 3 and 4 Article
34 and Article 42 of this Decree;
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dd) Director of
Department of Cybersecurity and Hi-tech Crime Prevention and Control, Director
of Police Department for Investigation into Social Order-related Crimes,
Director of Police Department for Investigation into Corruption, Economy and
Smuggling-related Crimes, Director of Police Department for Administrative
Management of Social Order, Director of Internal Political Security Department,
Director of Economic Security Department, Director of Environment Police
Department shall have the power to impose penalties for administrative
violations in atomic energy specified in Article 5, Article 6, Article 7,
Article 8, Article 9, Article 17, Article 18, Article 19, Article 20, Article 21,
Article 23, Article 28, Article 29, Article 30, Article 31, Article 32, Article
33 , Article 34, Article 35, Article 36, Article 38 and Article 42 of this
Decree according to their competence, sector and management.
4. Power to impose
administrative penalties of the Customs
a) Directors of
Sub-departments of Customs; Directors of Post Clearance Audit Sub-Departments;
team leaders of Control Teams of Customs Departments of provinces and
inter-provinces; team leaders of Criminal Investigation Teams; team leaders of
Anti-smuggling Control Teams; Commanders of Sea Patrol Squadrons and Team
leaders of Anti-smuggling, Counterfeit Product Control and Intellectual
Property Teams affiliated to Anti-Smuggling and Investigation Department;
Directors of Post Clearance Audit Sub-Departments affiliated to Post Clearance
Audit Department shall have the power to impose penalties for administrative
violations in atomic energy regarding Customs specified in Point c Clause 4 and
Point a Clause 11 Article 6, Clauses 2 and 3 Article 9, Clause 1, Point a
Clause 2, Clause 3 and Clause 6 Article 18 and Article 42 of this Decree
according to their competence, sector and management.
b) Directors of
Anti-Smuggling and Investigation Departments, Directors of Customs Departments
of provinces and inter-provinces shall have the power to impose penalties for
administrative violations in atomic energy regarding Customs specified in Point
c Clause 4, Point a Clause 7 and Clause 11 Article 6, Clauses 2 and 3 Article
9, Clauses 1, 2, 3, 4 and 6 Article 18 and Article 42 of this Decree according
to their competence, sector and management.
c) General Director of
General Department of Vietnam Customs shall have the power to impose penalties
for administrative violations in atomic energy regarding Customs specified in
Point c Clause 4, Point a Clause 7 and Clause 11 Article 6, Clauses 2 and 3
Article 9, Clause 1, Point a Clause 2, Clause 3, Clause 4, Clause 5 and Clause
6 Article 18 and Article 42 of this Decree according to their competence, sector
and management.
5. Power to impose
penalties of Coast Guard forces
a) Commanders of Regional
Coast Guards, Director of Operation and Law Department affiliated to Vietnam
Coast Guard shall have the power to impose penalties for administrative
violations in atomic energy occurring at sea areas under the sovereignty and
jurisdiction of Vietnam and specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and
11 Article 6, Article 17, Clauses 1, 2, 3 and 4 Article 18, Article 34, Clauses
1, 2 and 3 Article 35, Clause 1 Article 38 and Article 42 of this Decree
according to their competence, sector and management.
b) Commanders of Regional
Coast Guards shall have the power to impose penalties for administrative violations
in atomic energy occurring at sea areas under the sovereignty and jurisdiction
of Vietnam and specified in Article 6, Article 17, Article 18, Article 34,
Article 35, Article 38 and Article 42 of this Decree according to their
competence, sector and management.
6. Power to impose
penalties of Border Guard forces:
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b) Commanders of
provincial-level Border Guard forces; Commanders of Coastguard Squadrons,
Director of Crime and Drug Prevention and Control Department of Border Guard
High Command shall have the power to impose penalties for administrative
violations in atomic energy occurring at border areas, border gates and
specified in Article 6, Article 17, Article 18, Article 34, Article 35, Article
38 and Article 42 of this Decree according to their competence, sector and
management.
29. Article 46 shall
be amended as follows:
“Article 46. Power to
make an administrative offense report
Persons authorized to
make an administrative offense report in atomic energy include:
1. b) Persons
authorized to impose administrative penalties in atomic energy shall be
regulated in Article 43, Article 44, Article 45, Article 45a, Article 45b and
Article 45c of this Decree
2. Persons in the People's Army of Vietnam, People's Public
Security Forces of Vietnam, officials and public employees in the agencies in
Vietnam in Articles 43, 44 and 45a of this Decree who are on duty.”.
Article 5. Annulment
of some regulations of the Government’s Decree No. 99/2013/ND-CP dated August
29, 2013 on administrative penalties in industrial property, the Government’s
Decree No. 119/2017/ND-CP dated November 01, 2017 on penalties for
administrative violations against regulations on standards, measurement and
quality of goods and the Government’s Decree No. 107/2013/ND-CP dated September
20, 2013 providing on sanctioning of administrative violations in atomic
energy.
1. This Decree annuls Clause 3
Article 5; Point b Clause 1 Article 7; Point c Clause 2 Article 32 of Decree
No. 99/2013/ND-CP.
2. This Decree annuls Point c,
Clause 3, Article 3; Point g, Point h Clause 3, Clause 5 Article 19; Clause 3,
Article 20; point a, point b clause 1 Article 21; Point b, Clause 3, Article
24; Article 28; Clause 5, Clause 6 Article 31; Points dd, g, Clause 1, Article
32 of Decree No. 119/2017/ND-CP.
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Article 6.
Responsibilities for implementation
1. The Ministry of Science and Technology of Vietnam shall
take charge and cooperate with relevant central and local authorities in
implementation of this Decree.
2. The Ministers, heads of the ministerial-level agencies,
heads of the governmental agencies, the Presidents of the People's Committees of
provinces of Vietnam shall be responsible for the implementation of this Decree
Article 7.
Implementation
1. This Decree comes into force from January 01, 2022
2. Transitional provisions:
a) With respect to any
administrative violation in industrial property; standards, measurement and
quality of goods; science and technology activities, technology transfers and
atomic energy that occurs prior to the entry into force of this Decree, if it
is detected or under consideration for actions and this Decree does not provide
for legal liability or impose less serious legal liability, regulations of this
Decree shall be applied.
b) If sanctioned persons
or entities continue to appeal against administrative sanction decisions
already issued or executed completely before the entry into force of this
Decree, regulations of the the Government’s Decree No. 99/2013/ND-CP dated
August 29, 2013 on administrative penalties in industrial property, the
Government’s Decree No. 119/2017/ND-CP dated November 01, 2017 on penalties for
administrative violations against regulations on standards, measurement and
quality of goods, the Government’s Decree No 51/2019/ND-CP dated June 13, 2019
on prescribing administrative fines for violations arising from scientific and
technological activities and technology transfer and the Government’s Decree
No. 107/2013/ND-CP dated September 20, 2013 providing on sanctioning of
administrative violations in atomic energy shall be applied.
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ON BEHALF OF THE GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Vu Duc Dam