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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No:
76/2010/ND-CP
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Hanoi, July 12, 2010
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DECREE
AMENDING,
SUPPLEMENTING ARTICLE 11 OF THE DECREE NO.06/2009/ND-CP DATED JANUARY 22, 2009
OF THE GOVERNMENT ON SANCTION OF ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF
LIQUOR AND CIGARETTE PRODUCTION AND TRADE
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on the Organization of Government;
Pursuant to the Ordinance on Sanction of Administrative violations dated July
02, 2002 and the Ordinance Amending, Supplementing a Number of Articles of the
Ordinance on Sanction of Administrative violations dated April 02,2008;
At the proposal of the Minister of Industry and Trade,
DECREES:
Article 1.
Amending, supplementing Article 11 of Decree No.06/2009/ND-CP dated
January 22, 2009 on sanction of administrative violations in the domain of
liquor and cigarette production and trade into three Articles as follows:
Article 11a. Violation of
regulations on trading smuggled liquor
1. A fine of
between VND 100,000 and 500,000 shall be imposed for the act of trading
smuggled liquor valued at VND 500,000.
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3. A fine of
between VND 2,000,000 and 5,000,000 shall be imposed for the act of violation
provided in clause 1 this Article which smuggled liquor valued from more than
VND 2,000,000 to 5,000,000.
4. A fine of
between VND 5,000,000 and 10,000,000 shall be imposed for the act of violation
provided in clause 1 this Article which smuggled liquor valued from more than VND
5,000,000 to 10,000,000.
5. A fine of
between VND 10,000,000 and 20,000,000 shall be imposed for the act of violation
provided in clause 1 this Article which smuggled liquor valued from more than
VND 10,000,000 to 20,000,000.
6. A fine of
between VND 20,000,000 and 50,000,000 shall be imposed for the act of violation
provided in clause 1 this Article which smuggled liquor valued from more than
VND 20,000,000 to 50,000,000.
7. A fine of
between VND 50,000,000 and 100,000,000 shall be imposed for the act of
violation provided in clause 1 this Article which smuggled liquor valued from
more than VND 50,000,000 to 100,000,000.
8. For the
act of violation provided in this Article which smuggled liquor valued from
more than VND 100,000,000, the handling or detecting agency must forward
dossiers to the competent criminal proceedings agencies for prosecution of the
penal liability. If the competent criminal proceedings agencies make a decision
not to prosecute the penal liability but moving to administrative sanctions,
the rate of sanctions against administrative violations in the form of a fine
is VND 100,000,000.
9. For the
acts of violation provided in this Article valued at less than VND 100,000,000
and violating persons who were be administrative sanction but have not been up
the time limit as provided in Article 11 of the Ordinance on Sanction of
Administrative violations dated July 02, 2002 and the Ordinance Amending,
Supplementing a Number of Articles of the Ordinance on Sanction of
Administrative violations dated April 02,2008 and violate again or have been
convicted for this crime and have not been remitted their criminal record, but
still violate or show signs of crime, their dossiers must be transferred to the
competent criminal proceedings agencies to prosecute the penal liability. If
the competent criminal proceedings agencies make a decision not to prosecute
the penal liability but moving to administrative sanctions, the rate of
sanctions against administrative violations in the form of a fine is VND
100,000,000.
10. Additional sanction forms:
a)
Confiscating violating material evidences for the acts of violations provided
from clause 1 to clause 8 this Article;
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11. Remedies
for overcoming consequences: to destroy material evidences being smuggled
alcohol which is not quality assurance in accordance with provision causing
harm to human health. Violating individuals or organizations must bear all
expenses related to the destruction of material evidences being smuggled
alcohol which is not quality assurance in accordance with provision causing
harm to human health as provided from clause 1 to clause 8 This Article. Where
unable to apply the measure of forcing violating individuals or organizations
to destroy, shall confiscate for destruction in accordance with provisions.
Article
11b. Violation of regulations on trading prohibited goods being smuggled
cigarettes
1. A fine of
between VND 50,000 and 200,000 shall be imposed for the acts of trafficking,
transporting, storing prohibited goods being smuggled cigarettes with quantity
of up to 10 packs (1 pack = 20 cigarettes; for other types of smuggled tobacco
being finished products is converted 20g = 1 pack).
2. A fine of
between VND 200,000 and 1,000,000 shall be imposed for the acts of violations
provided in clause 1 this Article with quantity of more than 10 packs to 50
packs.
3. A fine of
between VND 1,000,000 and 3,000,000 shall be imposed for the acts of violations
provided in clause 1 this Article with quantity of more than 50 packs to 100
packs.
4. A fine of
between VND 3,000,000 and 5,000,000 shall be imposed for the acts of violations
provided in clause 1 this Article with quantity of more than 100 packs to 200
packs.
5. A fine of
between VND 5,000,000 and 10,000,000 shall be imposed for the acts of
violations provided in clause 1 this Article with quantity of more than 200
packs to 400 packs.
6. A fine of
between VND 10,000,000 and 20,000,000 shall be imposed for the acts of
violations provided in clause 1 this Article with quantity of more than 400
packs to 600 packs.
7. A fine of
between VND 20,000,000 and 50,000,000 shall be imposed for the acts of
violation provided in clause 1 this Article with quantity of more than 600
packs to 1,000 packs.
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9. For the
acts of violations provided in this Article which the quantity of smuggled
cigarettes from 1,500 packs or more, the handling or detecting agency
must forward dossiers to the competent criminal proceedings agencies for
prosecution of the penal liability. If the competent criminal proceedings
agencies make a decision not to prosecute the penal liability but moving to administrative
sanctions, the rate of sanctions against administrative violations in the form
of a fine is VND 100,000,000.
10. For the
acts of violations provided in this Article the quantity of smuggled cigarettes
less than 1,500 packs and violating persons who were be administrative sanction
but have not been up the time limit as provided in Article 11 of the Ordinance
on Sanction of Administrative violations dated July 02, 2002 and the Ordinance
Amending, Supplementing a Number of Articles of the Ordinance on Sanction of
Administrative violations dated April 02, 2008 and violate again or have been
convicted for this crime and have not been remitted their criminal record, but
still violate or show signs of crime, their dossiers must be transferred to the
competent criminal proceedings agencies to prosecute the penal liability. If
the competent criminal proceedings agencies make a decision not to prosecute
the penal liability but moving to administrative sanctions, the rate of
sanctions against administrative violations in the form of a fine is VND
100,000,000.
11. Additional sanction forms:
a)
Confiscating violating material evidences for the acts of violations provided
from clause 1 to clause 9 this Article;
b) Striping
of the right to use business license from 06 months to 12 months for the acts
of violations provided from clause 5 to clause 9 of this Article.
12. Remedies
for overcoming consequences: to destroy material evidences being smuggled
cigarettes under regulations. Violating Individuals or organizations must bear
all expenses related to the destruction of violating material evidences as
provided from clause 1 to clause 9 This Article. Where unable to apply the
measure of forcing violating individuals or organizations to destroy, shall
confiscate for destruction in accordance with provisions.
Article 11c. Violation of
regulations on trading smuggled tobacco materials
1. A fine of between VND 100,000
VND and 500,000 VND shall be imposed for the acts of trafficking, transporting,
storing smuggled tobacco materials under the form of dry leaf not being
separated from its stalks with weight less than 50kg (for tobacco under forms
of separated leaves, leaf which is subject to preliminary treatment, stalks
separation, tobacco sheet, tobacco stems and other substitute finished products
used to produce tobacco products shall be converted according to the equivalent
weight).
2. A fine of
between VND 500,000 and 1,000,000 shall be imposed for the act of violation
provided in clause 1 this Article with weight from more than 50 kg to 100 kg.
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4. A fine of
between VND 3,000,000 and 5,000,000 shall be imposed for the act of violation
provided in clause 1 this Article with weight from more than 300 kg to 500 kg.
5. A fine of
between VND 5,000,000 and 10,000,000 shall be imposed for the act of violation
provided in clause 1 this Article with weight from more than 500 kg to 700 kg.
6. A fine of
between VND 10,000,000 and 20,000,000 shall be imposed for the act of violation
provided in clause 1 this Article with weight from more than 700 kg to 1,000
kg.
7. A fine of
between 20,000,000 and 50,000,000 shall be imposed for the act of violation
provided in clause 1 this Article with weight from more than 1,000 kg to 1,500
kg.
8. A fine of
between 50,000,000 and 100,000,000 shall be imposed for the act of violation
provided in clause 1 this Article with weight from more than 1,500 kg to less
than 2,000 kg.
9. For the
acts of violations provided in this Article with weight from 2.000 kg or more,
the handling or detecting agency must forward dossiers to the competent
criminal proceedings agencies for prosecution of the penal liability. If the
competent criminal proceedings agencies make a decision not to prosecute the
penal liability but moving to administrative sanctions, the rate of sanctions
against administrative violations in the form of a fine is VND 100,000,000.
10. For the
acts of violations provided in This Article with weight less than 2.000 kg and
violating persons who were be administrative sanction but have not been up the
time limit as provided in Article 11 of the Ordinance on Sanction of Administrative
violations dated July 02, 2002 and the Ordinance Amending, Supplementing a
Number of Articles of the Ordinance on Sanction of Administrative violations
dated April 02, 2008 and violate again or have been convicted for this crime,
and have not been remitted their criminal record, but still violate or show
signs of crime, their dossiers must be transferred to the competent criminal
proceedings agencies to prosecute the penal liability. If the competent
criminal proceedings agencies make a decision not to prosecute the penal
liability but moving to administrative sanctions, the rate of sanctions against
administrative violations in the form of a fine is VND 100,000,000.
11. Additional sanction forms:
a)
Confiscating violating material evidences for the acts of violations provided
from clause 1 to clause 9 this Article;
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12. Remedies for
overcoming consequences: to destroy material evidences being smuggled tobacco
materials which is not quality assurance under regulations. Violating
individuals or organizations must bear all expenses related to the destruction
of violating material evidences as provided from clause 1 to clause 9 this
Article. Where unable to apply the measure of forcing violating individuals or
organizations to destroy, shall confiscate for destruction in accordance with
provision.
Article 2. Effect
This Decree takes effect on
September 01, 2010.
The Ministry
of Industry and Trade presides over coordination with relatives Ministries,
Branches to guide the implementation of this Decree.
The
Ministers, heads of Ministerial-level agencies, heads of Governmental agencies,
Presidents of the People’s Committees of provinces, cities directly under the
central are responsibility for the implementation of this Decree./.
FOR
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung
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