THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
126/2005/ND-CP
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Hanoi,
October 10, 2005
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DECREE
PROVIDING FOR SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN
THE FIELD OF MEASUREMENT AND PRODUCT AND GOODS QUALITY
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the October 6, 1999 Ordinance on Measurement;
Pursuant to the December 24, 1999 Ordinance on Goods Quality;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
At the proposal of the Minister of Science and Technology,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Governing scope
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Administrative violations in the
field of measurement and product and goods quality mean acts of intentionally
or unintentionally violating legal provisions on state management in the field
of measurement and product and goods quality which are committed by
individuals, agencies or organizations (hereinafter referred to as individuals,
organizations) but are, however, not crimes and must, according to legal
provisions, be administratively sanctioned, including:
1. Violations of regulations on
state management in the field of measurement:
a/ Violation of regulations on
lawful units of measurement;
b/ Violation of regulations on
expertise of means of measurement in production, business, import and repair;
c/ Violation of regulations on
accreditation of expertising capability and authorized expertise of means of
measurement;
d/ Violation of regulations on
measurement of pre-packed commodities quantitatively determined by amount or
volume;
e/ Violation of regulations on
measurement with regard to measuring methods in retailing commerce;
f/ Violation of other provisions
of law on measurement.
2. Violations of regulations on
state management in the field of product and goods quality:
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b/ Violation of regulations on
publicization of product and goods quality conformable to Vietnam standards,
branch standards or other standards (hereinafter called publicization of
standard conformable quality for short);
c/ Violation of regulations on
certification of product and goods quality being conformable to Vietnam
standards, branch standards or other standards (hereinafter called
certification of standard-compatible quality);
d/ Violation of regulations on
certification and accreditation of quality control systems;
e/ Violation of regulations on
use of codes and bar codes;
f/ Violation of regulations on
inspection of product and goods quality;
g/ Violation of other provisions
of law on product and goods quality.
Article 2.-
Subjects of application
1. Vietnamese individuals or
organizations that commit acts of administrative violation in the field of
measurement and product and goods quality shall be administratively sanctioned
under the provisions of this Decree.
2. Foreign individuals or
organizations that commit acts of administrative violation in the field of
measurement and product and goods quality in the Vietnamese territory shall
also be sanctioned under the provisions of this Decree, except otherwise
provided for by treaties to which Vietnam has signed or acceded.
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1. All acts of administrative violation
in the field of measurement and product and goods quality must be detected in
time and stopped immediately. The sanctioning thereof must be conducted
swiftly, fairly and resolutely. All consequences of acts of administrative
violation must be redressed in accordance with the provisions of law.
Individuals or organizations shall be administratively sanctioned only when
they commit administrative violations specified by law.
2. The sanctioning of
administrative violations in the field of measurement and product and goods
quality must be conducted by persons with sanctioning competence, defined in
Articles 25, 26 and 27 of this Decree.
3. An administrative violation
in the field of measurement and product and goods quality shall be sanctioned
only once; a person committing many acts of administrative violation in the
field of measurement and product and goods quality shall be sanctioned for
every act of violation. If the sanctioning form is a fine, fines shall be added
up into a common fine and only one sanctioning decision is issued. If many
persons jointly commit an act of administrative violation in the field of
measurement and product and goods quality, each violator shall be sanctioned
for such act and the persons with sanctioning competence shall base on the
nature and severity of the violation, the personal records of violators, and
extenuating and/or aggravating circumstances to issue a sanctioning decision
for each person committing such act of administrative violation.
Article 4.-
Forms of sanctioning administrative violations and remedial measures
1. For each administrative
violation in the field of measurement and product and goods quality, violating
individuals and organizations shall be subject to one of the following
principal sanctioning forms:
a/ Caution: applicable to minor,
first-time administrative violations involving extenuating circumstances;
b/ Fine: Basing on the nature
and severity of the violations to decide on the fine levels within the
prescribed fine bracket. Upon imposition of fine, the specific fine level for
an act of administrative violation is the average of the fine bracket
prescribed for such act; if extenuating circumstances are involved, the fine
level may be reduced, but not lower than the minimum level of the fine bracket;
if aggravating circumstances are involved, the fine level may be raised but
must not be higher than the maximum level of the fine bracket.
Extenuating circumstances and
aggravating circumstances in administrative violations in the field of measurement
and product and goods quality shall comply with the provisions in Articles 8
and 9 of the Ordinance on Handling of Administrative Violations.
2. Depending on the nature and
severity of violation acts, organizations and individuals committing administrative
violations in the field of measurement and product and goods quality may also
be subject to one of the following additional sanctioning forms:
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b/ Confiscation of material
evidences and means used for commission of administrative violations in the
field of measurement and product and goods quality.
3. In addition to the
above-mentioned principal and additional sanctioning forms, organizations and
individuals committing administrative violations may also be subject to the
application of one of the following remedial measures:
a/ Forced restoration of the
original state altered by acts of administrative violations;
b/ Forced application of
measures to redress the environmental pollution or epidemic spread caused by
acts of administrative violation;
c/ Forced publicization of
product and goods quality standards; forced publicization of standard
conformity; forced certification of standard conformity;
d/ Forced abolition of seals,
stamps in violation of regulations on standard compatibility; forced
destruction of packages printed with marks in violation of regulations on
standard conformity; forced rectification of untruthful contents of
advertisement on mass media;
e/ Forced repair of means of
measurement which are inaccurate, broken or not up to the prescribed
requirements; forced recording, inscription in accordance with regulations on
lawful units of measurement; forced repair, adjustment of means of measurement
in strict accordance with approved technical norms; forced withdrawal of
violating means of measurement which have been already put into circulation;
forced re-export; ban on circulation of means of measurement imported in
contravention of regulation;
f/ Forced expertise and
completion of procedures for model approval within the prescribed time limit;
forced completion of procedures for proposing the re-accreditation of
expertising capability;
g/ Forcing traders to weigh or
measure according to regulations; to re-pack or to additionally print the net
quantity;
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i/ Forced recycle, forced
destruction or forced re-export, as provided for by law, of imported goods
which cause serious consequences to human health, animals, safety, hygiene and
environment; forced recycle or forced re-export of imported goods of quality
lower than that prescribed by law or with expired use duration;
j/ Forced recycle or forced
change of use purposes of home-made goods of a quality lower than that
prescribed by law but without violating regulations on human health, animal,
safety, hygiene and environment requirements; forced destruction or forced
change of use purpose of goods with expired use duration;
k/ Forced recovery of stamps,
expertise certificates, certificates of the right to use codes, bar codes or
quality inspection results which are issued in contravention of regulations.
Article 5.-
Statute of limitations for sanctioning and time limits for being considered
having not yet been sanctioned for administrative violations
1. The statute of limitations
for sanctioning the administrative violations specified in this Decree shall be
one year counting from the date administrative violations are committed; the
above time limit shall be two years for acts of administrative violation in
dealing in exports, imports on the Prime Minister-issued list of products,
goods subject to quality inspection. If the above-mentioned time limit has
expired, a sanction shall not be imposed but remedial measures specified in
Clause 3, Article 4 of this Decree must still be applied.
2. Individuals who have
committed acts of law violation in the field of measurement and product and
goods quality and been prosecuted or given decisions to bring their cases to
trial according to criminal procedures, but are later given decisions on
suspension of investigation or suspension of the cases and their acts are
administrative violations shall be administratively sanctioned; within three
days as from the date of issuing the decisions on suspension of investigation
or suspension of the cases, the persons who have issued the decisions must send
the decisions to the persons competent to sanction administrative violations in
the field of measurement and product and goods quality; for this case, the
statute of limitations for sanctioning administrative violations shall be three
months as from the date the persons with sanctioning competence receive the
suspension decisions and violation case files.
3. If, within the time limits
specified in Clauses 1 and 2 of this Article, the violating individuals or
organizations commit new acts of administrative violation in the field of
measurement and product and goods quality or deliberately evade or obstruct the
sanctioning, the above-said statute of limitations shall not apply; the statute
of limitations for sanctioning shall be recounted from the time new acts of
administrative violation are committed or the time the acts of evasion or
obstruction are stopped.
4. If individuals or
organizations sanctioned for administrative violations in the field of
measurement and product and goods quality do not relapse into violations within
one year counting from the date of completely serving the sanctioning decisions
or from the date of expiration of the statute of limitations for executing
sanctioning decisions, they shall be considered having not yet sanctioned for
administrative violations.
Chapter II
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Article 6.-
Acts of violating regulations on measurement in the manufacture of means of
measurement on the list of those subject to expertise, promulgated by the
Ministry of Science and Technology
1. A fine of between VND 500,000
and VND 1,000,000 shall be imposed for an act of failing to make primary
expertise of means of measurement upon delivery for sale.
2. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed for an act of manufacturing means
of measurement at variance with the approved models thereof.
3. A fine of between VND
5,000,000 and VND 7,000,000 shall be imposed for an act of manufacturing means
of measurement when competent agencies performing the state management over
measurement have not yet approved the models thereof.
4. Additional sanctioning form:
Deprivation of the right to use
decisions on approving models of means of measurement for up to 180 days for
acts of violation specified in Clause 2 of this Article.
5. Remedial measures:
a/ Forced expertise within a
given period of time for acts of violation specified in Clause 1 of this
Article;
b/ Forced repair, adjustment of
means of measurement for acts of violation specified in Clause 2 of this
Article;
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Article 7.-
Acts of violating regulations on expertise in the import of means of
measurement on the list of those subject to expertise, promulgated by the
Ministry of Science and Technology
1. A fine of between VND
5,000,000 and VND 7,000,000 shall be imposed for an act of failing to implement
the regime of primary expertise of imported means of measurement before they
are put into circulation.
2. A fine of between VND
7,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
a/ Importing means of
measurement with models thereof having not yet been approved by competent
agencies performing the state management over measurement;
b/ Importing means of
measurement at variance with the approved models.
3. Remedial measures:
a/ Forced expertise according to
regulations, for acts of violation specified in Clause 1 of this Article;
b/ Forced completion of
procedures for model approval, for acts of violation specified at Point a,
Clause 2 of this Article;
c/ Forced re-export or
circulation ban or completion of procedures of application for re-approval of
measurement means models, for acts of violation specified at Point b, Clause 2
of this Article.
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1. Caution or a fine of between
VND 100,000 and VND 300,000 shall be imposed on measurement
means-manufacturing, -trading and/or -repairing establishments for failure to
conduct the expertise according to regulations.
2. Remedial measure:
Forced expertise within the
prescribed time limit, for acts of violation specified in Clause 1 of this
Article.
Article 9.-
Acts of violating regulations on trading in means of measurement on the list of
those subject to expertise, promulgated by the Ministry of Science and
Technology
1. A fine of between VND
1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:
a/ Trading in means of
measurement, which have not yet been expertised;
b/ Trading in means of
measurement of unknown origin.
2. Remedial measures:
a/ Forced primary expertise, for
acts of violation specified at Point a, Clause 1 of this Article;
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Article
10.- Acts of violating regulations on measurement in retail, on the use of
means of measurement on the list of those subject to expertise, promulgated by
the Ministry of Science and Technology, on the use of expertising seals or
stamps, and on expertise certificates
1. Caution or a fine of between
VND 100,000 and VND 300,000 shall be imposed for acts of fraudulently weighing
or measuring goods of small value in retailing commerce, thus causing damage to
customers.
2. A fine of between VND
2,000,000 and VND 5,000,000 shall be imposed for acts of fraudulently weighing,
measuring goods of great value in retailing commerce, causing damage to
customers.
3. Caution or a fine of between
VND 100,000 and VND 300,000 shall be imposed for one of the following acts:
a/ Using means of measurement
without expertising seals or stamps or expertise certificates according to
regulations;
b/ Using expertising seals or
stamps or expertise certificates, which have expired.
4. A fine of between VND
3,000,000 and VND 6,000,000 shall be imposed for one of the following acts:
a/ Using means of measurement,
which are inaccurate, broken or not up to the prescribed requirements;
b/ Committing fraudulence in the
use of expertising seals or stamps or certificates (removing them, re-affixing
lead seals, modifying or erasing contents in expertise certificates).
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a/ Altering the technical
conditions and measuring properties of means of measurement; adjusting, modifying,
replacing, additionally assembling or reducing details, components of means of
measurement in order to falsify the measuring results;
b/ Forging expertising seals,
stamps or certificates.
6. Additional sanctioning form:
Confiscation of means of measurement,
for acts of violation specified at Point a, Clause 5 of this Article.
7. Remedial measures:
a/ Forcing traders to conduct
weighing, measurement strictly according to regulations, for acts of violation
specified in Clauses 1 and 2 of this Article;
b/ Forced expertise according to
regulations, for acts of violation specified in Clause 3 and Point b, Clause 4
of this Article;
c/ Forced repair, adjustment and
re-expertise, for acts of violation specified at Point a, Clause 4 of this
Article;
d/ Forced restoration of the
original state of means of measurement; expertise of means of measurement
according to regulations, for acts of violation specified at Point a, Clause 5
of this Article;
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Article
11.- Acts of violating regulations on expertise of means of measurement by
expertising organizations
1. A fine of between VND
2,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a/ Expertising means of
measurement falling beyond the scope of accredited expertising capability or
authorized expertise;
b/ Using the following decisions
which have expired: decisions accrediting the capability to expertise means of
measurement (or expanding the expertising scope); decisions authorizing the
expertise of means of measurement (or expanding the expertise
authorization scope) or decisions re-accrediting the capability to expertise
means of measurement; decisions extending the authorization of expertise of
means of measurement;
c/ Using standards with expired
expertise validity;
d/ Failing to conduct expertise but
giving expertising stamps, blanks expertise certificates to organizations or
individuals dealing in means of measurement so that they stick the expertising
stamps or fill in the expertise certificates by themselves.
2. A fine of between VND 500,000
and VND 1,500,000 shall be imposed for one of the following acts:
a/ Expertising means of
measurement without expertiser’s card;
b/ Failing to comply with the
expertising process;
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3. Additional sanctioning forms:
a/ Deprivation of the right to
use decisions recogning the expertising capability or authorizing the expertise
for up to 180 days, for acts of violation defined at Points a and d, Clause 1
of this Article;
b/ Deprivation of the rights to
use an expertiser’s card for up to 90 days, for acts of violation defined at
Point b, Clause 2 of this Article.
4. Remedial measures:
a/ Forced recovery of
expertising certificates issued in contravention of regulations, for acts of
violation defined at Point b, Clause 1 of this Article;
b/ Forced application of
standard expertise according to regulations, for acts of violation defined at
Point c, Clause 1 of this Article;
c/ Forced recovery of
expertising seals, stamps and/or certificates, which are used in contravention
of regulations, for acts of violation defined at Point c, Clause 2 of this
Article;
d/ Forced recovery of granted
expertising stamps and/or blank expertising certificates, for acts of violation
defined at Point d, Clause 1 of this Article. Violating organizations and
individuals muse bear all expenses for application of remedial measures.
Article
12.- Acts of violating regulations on measurement with regard to production
of pre-packed goods (by amount or volume) on the list of pre-packed goods
subject to state management over measurement, promulgated by the Ministry of
Science and Technology
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a/ Failing to print the net quantity
on packages as provided for;
b/ Pre-packing goods in adequate
quantity with an error exceeding the permitted limit with regard to the
production of pre-packed goods.
2. Remedial measures:
a/ Forced printing of the net
quantity of goods according to regulations, for acts of violation specified at
Point a, Clause 1 of this Article;
b/ Forced re-packing of goods
with correct quantity, for acts of violation defined at Point b, Clause 1 of
this Article.
Violating organizations and
individuals must bear all expenses for the application of remedial measures.
Article
13.- Acts of trading in goods pre-packed (by amount or volume), which are
on the list of pre-packed goods subject to state management over measurement,
promulgated by the Ministry of Science and Technology, which are not printed
with their net quantity on packages
1. Caution or a fine of between
VND 100,000 and VND 300,000 shall be imposed for acts of trading in goods with
their net quantity not printed on packages according to regulations.
2. Remedial measure:
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Article
14.- Acts of obstructing activities of supersing, inspecting the measuring
methods, measuring rules of means of measurement
A fine of between VND 1,000,000
and VND 3,000,000 shall be imposed for acts of obstructing, failing to create
favorable conditions for, responsible persons, customers or customers’
representatives to supervise, inspect measuring methods or rules of means of
measurement according to the provisions of law.
Chapter
III
FORMS AND LEVELS OF
SANCTIONING OF ACTS OF ADMINISTRATIVE VIOLATION IN THE FIELD OF PRODUCT AND
GOODS QUALITY
Article
15.- Acts of violating regulations on publicization of goods quality
standards in the production of goods on the list of goods subject to quality
standard publicization, promulgated by the Ministry of Science and Technology
1. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed for acts of failing to publicize
quality standards when producing goods on the list of goods subject to quality
standard announcement.
2. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed for acts of failing to publicize
the amended standards upon the production of goods with changes in the
publicized standard contents.
3. Remedial measures:
a/ Forced publicization of goods
quality standards within the prescribed time limits, for acts of violation
defined in Clause 1 of this Article;
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Article
16.- Acts of violating regulations on publicization of standard conformable
products or goods in the production thereof
1. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed for acts of failing to publicize
standard-conformable goods upon the production of goods on the list of
products, goods subject to standard conformity publicization.
2. A fine of between VND
2,000,000 and VND 5,000,000 shall be imposed for acts of having not yet
publicized standard-conformable goods but affixing standard conformity seals or
stamps or issuing information and/or advertisement that standard-conformable
goods have been already publicized upon the production of goods on the list of
goods subject to standard conformity publicization.
3. Remedial measures:
a/ Forced publicization of
standard-conformable goods within the prescribed time limit, for acts of
violation defined in Clause 1 of this Article;
b/ Forced destruction of
packages in violation; forced correction of untruthful contents of information
advertised on the media according to the provisions of law on advertisement;
forced publicization of standard-conformable goods according to regulations,
for acts of violation defined in Clause 2 of this Article. Violating
organizations and individuals shall have to bear all expenses for application
of remedial measures.
Article
17.- Acts of violating regulations on standard-conformable quality
certificates and activities of certifying standard-conformable quality in
production
1. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed for acts of using expired
standard-conformable quality certificates when producing goods on the list of
products, goods subject to standard conformity certification.
2. A fine of between VND
2,000,000 and VND 5,000,000 shall be imposed for acts of trading in goods which
have not yet been certified of standard-conformable quality but have been
already affixed with standard conformity seals or stamps or advertised as
having been already given their standard-conformable quality certification.
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4. A fine of between VND
5,000,000 and VND 7,000,000 shall be imposed for acts of failing to get the
standard-conformable quality certification but having already affixed standard
conformity seals or stamps or having advertised as being already given
standard-conformable quality certification upon manufacture of goods on the
list of products, goods subject to standard-conformable quality certification.
5. Remedial measures:
a/ Forced certification of
quality according to regulations, for acts of violation specified in Clause 1
of this Article;
b/ Forcing the traders in such
goods to destroy the packages printed with standard conformity seals and to
correct untruthful information contents advertised on the media according to
the provisions of law on advertisement, for acts of violation defined in Clause
2 of this Article;
c/ Forced certification of
quality within the prescribed time limit, for acts of violation defined in
Clause 3 of this Article;
d/ Forced destruction of
packages printed with standard conformity seals; forced correction of
untruthful information contents advertised on the media according to the
provisions of law on advertisement; forced certification of quality according
to regulations, for acts of violation defined in Clause 4 of this Article.
Violating organizations and
individuals must bear all expenses for the application of remedial measures
specified at Points b and d, Clause 5 of this Article.
Article
18.- Acts of violating regulations on product and goods quality in
production activities
1. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed for acts of manufacturing products
or goods not on the list of those subject to standard application but with a
quality lower than the permitted limits as compared to the voluntarily
publicized quality.
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3. A fine of between VND
5,000,000 and VND 7,000,000 shall be imposed for acts of manufacturing products
or goods on the list of those subject to standard application but with a
quality lower than the permitted limit as compared to the publicized quality,
which have, however, breached regulations on human health, safety, hygiene and
environment requirements.
4. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed for acts of manufacturing products
or goods not on the list of those subject to standard-conformable quality
certification but with quality lower than the permit limit as compared to the
quality having been certified as conformable with standards.
5. A fine of between VND
5,000,000 and VND 7,000,000 shall be imposed for acts of manufacturing products
or goods on the list of those subject to standard-conformable quality
certification but with a quality lower than the permitted limit as compared to the
quality having been already certified as conformable with standards, which
have, however, not yet breached the regulations on human health, safety,
hygiene and environment requirements.
6. A fine of between VND
7.000,000 and VND 10,000,000 shall be imposed for acts of manufacturing
products or goods on the list of those subject to standard-conformable quality
certification but with a quality lower than the permitted limit as compared to
the quality having been already certified as conformable with standards, which
have, however, breached regulations on human health, safety, hygiene and
environment requirements.
7. Additional sanctioning forms:
a/ Deprivation of the right to
use certificates of standard-conformable quality for up to 90 days, for acts of
violation defined in Clause 3 of this Article;
b/ Deprivation of the right to
use certificates of standard-conformable quality for up to 180 days, for acts
of violation defined in Clause 6 of this Article.
8. Remedial measures:
a/ Forced recycle or change of use
purposes of products or goods, for acts of violation defined in Clauses 1, 2, 3
and 4 of this Article;
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Violating organizations and
individuals must bear all expenses for the application of remedial measures.
Article
19.- Acts of violating regulations on product and goods quality as compared
to the contents of quality standards already publicized for application and the
contents of certification of standard-conformable quality in business
activities
1. A fine of between VND
1,000,000 and VND 2,000,000 shall be imposed for acts of trading in products,
goods on the list of those subject to standard application, which have,
however, not yet been publicized for compulsory application of standards or for
inclusion in the list of products, goods subject to standard-conformable
quality but not yet certified.
2. A fine of between VND
2,000,000 and VND 4,000,000 shall be imposed for acts of falsifying the
instructions (forging quality seals, standard conformity seals, standard
conformity certificates or permits, other practice certificates issued by
competent state agencies or persons in the field of product and goods quality;
providing false, untruthful, incomplete information) on standard conformity
publicization or standard-conformable quality certification, which have,
however, not yet breached the regulations on human health, safety, hygiene and
environment requirements.
3. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed for acts of falsifying the
instructions (forging quality seals, standard conformity seals, standard
conformity certificates or permits, other practice certificates, issued by
competent state agencies or persons in the field of product and goods quality;
providing false, untruthful, incomplete information) on standard conformity
publicization or standard-conformable quality certification, which have,
however, breached regulations on human health, safety, hygiene and environment
requirements.
4. A fine of between VND
5,000,000 and VND 7,000,000 shall be imposed for acts of interference, impact
(replacement, fraudulent exchange, reduction, mixture of impurities, additives,
preservation regimes...), thus reducing the quality to below the permitted
limit as compared to the product or goods quality already publicized as being
conformable with standards or certified as conformable with standards, which
have, however, not yet breached regulations on human health, safety, hygiene
and environment requirements.
5. A fine of between VND
7,000,000 and VND 10,000,000 shall be imposed for acts of interference, impact
(replacement, fraudulent exchange, reduction, mixture of impurities, additives)
thus reducing the quality to below the permitted limit as compared to the
product or goods quality already publicized as conformable with standards or
certified as conformable with standards, which have, however, breached
regulations on human health, safety, hygiene and environment requirements.
6. A fine doubling the fine
level specified in Clauses from 2 thru 5 of this Article on organizations,
individuals manufacturing, processing, assembling, recycling, classifying,
packing, importing products, goods.
7. A fine doubling the fine
level specified in Clause 5 of this Article, for goods of big value (gold,
precious metals, gems).
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a/ Forced return of products,
goods to production establishments for quality publicization or certification
according to regulations, for acts of violation defined in Clause 1 of this
Article;
b/ Forced recycle or change of
use purposes of products, goods in violation of the provisions of Clauses from
2 thru 5 of this Article.
Violating organizations and
individuals must bear all expenses for the application of remedial measures.
Article
20.- Acts of violating regulations on use of codes and bar codes
1. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed for one of the following acts:
a) Illegally using national
codes or bar codes;
b) Using codes or bar codes
granted by competent agencies to other enterprises without permission of the
latter.
2. A fine of between VND
5,000,000 and VND 7,000,000 shall be imposed for acts of issuing certificates
of the use of codes or bar codes ultra vires.
3. Additional sanctioning form:
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4. Remedial measures:
a/ Forced destruction of goods
labels printed with violating codes or bar codes, for acts of violation defined
in Clause 1 of this Article;
b/ Forced withdrawal of code-,
bar code-using certificates granted ultra vires to enterprises, for acts of
violation defined in Clause 2 of this Article.
Article
21.- Acts of violating regulations related to activities of goods quality
inspection applicable to goods on the list of products, goods subject to
quality inspection in goods production, trading, export and import activities
1. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed for acts of failing to conduct
quality inspection of goods on the list of products and goods subject to
quality inspection, which have been registered for quality inspection.
2. For goods on the list of
products and goods subject to quality inspection but with a quality lower than
the permitted limit as compared to the quality required by law, the sanctioning
shall comply with Articles 18 and 19 of this Decree.
3. Remedial measures:
a/ Forced inspection of quality
within the prescribed time limit, for acts of violation defined in Clause 1 of
this Article;
b/ Forced application of
remedial measures in accordance with Articles 18 and 19 of this Decree, for
acts of violation defined in Clause 2 of this Article.
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1. A fine of between VND 500,000
and VND 1,500,000 shall be imposed for one of the following acts:
a/ Conducting quality inspection
when not yet designated by competent state agencies;
b/ Failing to observe or not
fully observing the quality inspection order, procedures.
2. A fine of between VND
2,000,000 and VND 5,000,000 shall be imposed for conducting quality inspection
beyond the quality inspection field designated by competent state agencies.
3. Additional sanctioning form:
Deprivation of the right to use
decisions on designation of a quality inspection organization, for acts of
violation defined at Point b of Clause 1, Clause 2 of this Article.
4. Remedial measure:
Forced withdrawal of the issued
quality inspection results, for acts of violation defined at Points a and b of
Clause 1, Clause 2 of this Article.
Article
23.- Acts of violating regulations on quality certification, accreditation
of quality control systems of technical service organizations
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a/ Conducting activities of
quality inspection, accreditation of quality control systems of technical
service organizations when having not yet been certified by competent state
agencies as having fully satisfied the conditions for activities;
b/ Failing to observe or not
fully observing the evaluation and/or certification order and procedures;
c/ Issuing quality certificates
or accrediting quality control systems when failing to observe or not fully
observing the evaluation and/or certification order and procedures;
d/ Conducting activities of quality
certification, accreditation of quality control systems not falling under the
scope of operation permitted by competent state agencies.
2. Additional sanctioning form:
Deprivation of the right to use
certificates of satisfaction of conditions for operation, for acts of violation
defined at Points b, c and d of Clause 1 of this Article.
3. Remedial measures:
Forced withdrawal of issued
certificates, for acts of violation defined at Points a, b and c of Clause 1 of
this Article.
Article
24.- Acts of obstructing state management activities in the field of
measurement and product and goods quality
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a/ Refusing to supply information,
documents, supplying untruthful information or supplying incomplete
information, documents to state management agencies or persons competent to
inspect, examine the standards, measurement and quality of products or goods
without justifiable reasons;
b/ Delaying or shirking the
implementation of requests, proposals in inspection decisions;
c/ Failing to implement or
delaying the implementation of requests, conclusions, decisions of specialized
inspectorates on measurement and product and goods quality.
2. A fine of between VND
5,000,000 and VND 7,000,000 shall be imposed for one of the following acts:
a/ Arbitrarily removing seals on
goods and/or material evidences which have been sealed off or temporarily
seized;
b/ Dispersing, destroying violating
goods and/or material evidences which are being inspected or temporarily
seized;
c/ Other acts of obstructing the
inspection, making it impossible to be routinely carried out.
Chapter IV
COMPETENCE AND
PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF
MEASUREMENT AND PRODUCT AND GOODS QUALITY
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1. Specialized measurement and
product and goods quality inspectors who are performing their public duties
shall have the following powers:
a/ To impose a caution;
b/ To impose fines of up to VND
200,000;
c/ To confiscate material
evidences, means worth up to VND 2,000,000 used for commission of
administrative violations;
d/ To force the restoration of
the original state altered by administrative violations;
e/ To force the application of
measures to address environmental pollution or epidemic spreads caused by
administrative violations;
f/ To force the destruction of articles
harmful to human health, safety, hygiene and environment.
2. Specialized measurement and
product and goods quality chief inspectors of provincial/municipal Services of
Science and Technology shall have the powers:
a/ To impose a caution;
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c/ To definitely or indefinitely
deprive of the right to use permits or practice certificates issued by
competent state agencies in the field of measurement and product and goods
quality;
d/ To confiscate material
evidences and means used for commission of administrative violations;
e/ To apply remedial measures
specified at Points a, b, c, d, e, f, g, k, l of Clause 3, Article 4 of this
Decree.
3. The chief inspector of the
Ministry of Science and Technology shall have the power to sanction
administrative violations in accordance with the provisions of Clause 3,
Article 38 of the Ordinance on Handling of Administrative Violations,
including:
a/ To give a caution;
b/ To impose fines of up to VND
20,000,000;
c/ To definitely or indefinitely
deprive of the right to use permits or practice certificates issued by
competent agencies in the field of measurement and product and goods quality;
d/ To confiscate material
evidences, means used for commission of administrative violations;
e/ To apply remedial measures
specified at Points a, b, c, d, e, f, g, h, l of Clause 3, Article 4 of this
Decree.
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1. Commune-level People’s
Committee presidents shall have the power to sanction administrative violations
in the field of measurement and product and goods quality, which are defined in
Article 28 of the Ordinance on Handling of Administrative Violations, and to
apply remedial measures specified at Points a and b, Clause 3, Article 4 of
this Decree or to force the destruction of products, goods harmful to human
health, animals, safety, hygiene and environment.
2. District-level People’s
Committee presidents shall have the power to sanction administrative violations
in the field of measurement and product and goods quality, which are defined in
Article 29 of the Ordinance on Handling of Administrative Violations, and to
apply remedial measures specified at Points a and b, Clause 3, Article 4 of
this Decree or to force the destruction of products, goods harmful to human
health, animals, safety, hygiene and environment.
3. Provincial-level People’s
Committee presidents shall have the power to sanction administrative violations
in the field of measurement and product and goods quality, which are defined in
Article 30 of the Ordinance on Handling of Administrative Violations and to
apply remedial measures specified at Points a, b, i and j, Clause 3, Article 4
of this Decree.
Article
27.- Sanctioning competence of other agencies
The People’s Police, Customs,
Market Management agencies, the specialized inspectorates and other agencies
shall, within the ambit of their respective assigned functions, tasks and
powers, have the power to sanction administrative violations in the field of
measurement and product and goods quality in accordance with the Ordinance on
Handling of Administrative Violations and the provisions of this Decree when
they detect such violations.
Article
28.- Authorization of sanctioning of administrative violations
Where persons competent to
sanction administrative violations defined in Clauses 2 and 3, Article 25 of
this Decree and in Articles 27, 28 and 29; Clauses 3, 4, 5, 6 and 7 of Article
31; Clauses 2 and 3 of Article 34; Clause 2, 3 and 4, Article 37; Clauses 2 and
3, Article 38 of the Ordinance on Handling of Administrative Violations, are
absent, their deputies who are authorized in writing shall have competence to
sanction administrative violations and must bear responsibility for their
decisions on sanctioning of administrative violations.
Article
29.- Definition of competence to sanction administrative violations in the
field of measurement and product and goods quality
1. Where an administrative
violation in the field of measurement and product and goods quality falls under
the handling jurisdiction of many agencies, the sanctioning thereof shall be
conducted by the agency which has received the case first.
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3. When deeming that administrative
violations in the field of measurement and product and goods quality show signs
of crime, the competent persons who are processing the cases must immediately
transfer the files to competent agencies conducting criminal procedures for
settlement.
It is strictly prohibited to
withhold cases of violation showing signs of crime in the field of measurement
and product and goods quality for sanctioning of administrative violations.
Article
30.- Procedures for sanctioning administrative violations shall comply with
decisions sanctioning administrative violations in the field of measurement and
product and goods quality
The procedures for sanctioning
administrative violations and the execution of decisions on sanctioning
administrative violations in the field of measurement and product and goods
quality shall comply with the provisions of Articles 53 thru 69 of the
Ordinance on Handling of Administrative Violations and the Government’s Decree
No. 134/2003/ND-CP of November 14, 2003, detailing the implementation of a
number of articles of the Ordinance on Handling of Administrative Violations.
Chapter V
COMPLAINT, DENUNCIATION
AND HANDLING OF VIOLATIONS
Article
31.- Complaints, denunciations and the settlement of complaints and
denunciations in the field of measurement and product and goods quality;
settlement of disputes over the quality of products or goods circulated on the
market
1. Organizations and individuals
sanctioned for administrative violations in the field of measurement and
product and goods quality or their lawful representatives shall have the right
to complain about the sanctioning decisions of persons competent to sanction
administrative violations in the field of measurement and product and goods
quality.
2. Individuals shall have the
right to denounce to competent state agencies acts of administrative violation
committed by organizations or individuals and denounce illegal acts committed
by persons competent to sanction administrative violations related to
measurement and product and goods quality.
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4. The competence to handle
disputes over the quality of products or goods being circulated on the market
shall comply with regulations of the Ministry of Science and Technology.
Article
32.- Handling of violations committed by persons competent to sanction
administrative violations
The persons competent to
sanction administrative violations in the field of measurement and product and
goods quality who commit acts of harassment, toleration, coverage of, fail to
handle or handle not in time, handle ultra vires, shall, depending on the
nature and severity of the violations, be disciplined or examined for penal
liability; if causing damage, they must pay compensations therefor according to
the provisions of law.
Article
33.- Handling of violations committed by persons sanctioned for
administrative violations
Persons sanctioned for
administrative violations in the field of measurement and product and goods
quality, if committing acts of resisting persons who are performing their
public duties, delaying or shirking the execution or committing other acts of
violation, shall, depending on the nature and severity of their violations, be
sanctioned for administrative violations or examined for penal liability; if
causing damage, they must pay compensations therefor according to the
provisions of law.
Chapter VI
IMPLEMENTATION
PROVISIONS
Article
34.- Implementation effect
This Decree takes effect 15 days
after its publication in “CONG BAO” and replaces the Government Decree No. 57/CP
of May 31, 1997, providing for the sanctioning of administrative violations in
the field of measurement and goods quality. All previous regulations contrary
to this Decree shall be annulled.
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The Minister of Science and
Technology shall have to guide in detail and organize the implementation of
this Decree.
Ministers, heads of
ministerial-level agencies, heads of Government-attached agencies, and
presidents of provincial/municipal People’s Committee shall have to implement
this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai