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) Compulsory
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) Compulsory
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) Compulsory
remittance of illicit earnings from the commission of administrative violations
if such illicit earnings are justifiably determined or Compulsory 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) Compulsory
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:
Compulsory
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) Compulsory
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) Compulsory
removal and destruction of infringing elements for violations specified in
Clauses 1 thru 15 of this Article;
b) Compulsory
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) Compulsory
removal from the Vietnamese territory of transit goods infringing industrial
property rights for violations specified in Clauses 1 thru 12 of this Article;
d) Compulsory
change of enterprise name or removal of infringing elements in enterprise name,
for violations specified in Clause 15 of this Article;
dd) Compulsory
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) Compulsory
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) Compulsory
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) Compulsory
removal from the Vietnamese territory of transit goods or Compulsory 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) Compulsory
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) Compulsory
removal or Compulsory destruction of infringing elements, Compulsory
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) Compulsory
removal of infringing means of business, services, or websites, for violations
specified in Clause 15 and point b clause 16 of this Article;
c) Compulsory
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; Compulsory change or withdrawal of domain names, for violation
specified in point a Clause 16 of this Article;
d) Compulsory
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 Compulsory 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 Compulsory 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) Compulsory
remittance of illicit earnings from the commission of administrative violations
if such illicit earnings are justifiably determined or Compulsory 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:
The
license for transportation of dangerous goods shall be suspended for 1 - 6
months in case of the violations specified in Points c, dd, e, h, i and k
Clause 1 this Article.
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:
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b)
Production or preparation of petrol and oil without a certificate granted by a
competent authority;
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 commission 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
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a)
Production or preparation of gas without submission of the Self-Declaration of
conformity with conditions for preparation according to regulations;
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 commission 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.”.
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“3.
Remedial measures:
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:
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b) A fine
of from VND 3.000.000 to VND 7.000.000 if the illegal goods are exceeding VND
10.000.000 but not exceeding VND 20.000.000;
c) A fine
of from VND 7.000.000 to VND 10.000.000 if the illegal goods are exceeding VND
20.000.000 but not exceeding VND 30.000.000;
d) A fine
of from VND 10.000.000 to VND 15.000.000 if the illegal goods are exceeding VND
30.000.000 but not exceeding VND 50.000.000;
dd) A
fine of from VND 15.000.000 to VND 20.000.000 if the illegal goods are
exceeding VND 50.000.000 but not exceeding VND 70.000.000;
e) A fine
of from VND 20.000.000 to VND 25.000.000 if the illegal goods are exceeding VND
70.000.000 but not exceeding VND 100.000.000;
g) A fine
of from VND 25.000.000 to VND 30.000.000 if the illegal goods are exceeding VND
100.000.000;
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:
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52.
Clause 4 Article 31 shall be amended as
follows:
“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;
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i) A fine
of twice as much as the fine prescribed in Points a, b, c, d, dd, e, g and h in
this Clause shall be imposed for the following illegal goods: food, food
additives, food processing aids, food preservatives and functional foods.”.
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;
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55.
Points b,e Clause 1 Article 32 shall be
amended as follows:
“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:
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58.
Points b,c Clause 4 Article 32 shall be
amended as follows:
“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;”;
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“2. Chief
inspectors of provincial Departments of Science and Technology; Chiefs of
inspectorates of provincial Departments of Science and Technology; Directors of
Departments of Standards, Metrology and Quality of districts/cities; Directors
of Central Departments of Management of Goods and Product Quality and Directors
of Southern Departments of Management of Goods and Product Quality affiliated
to Departments of Management of Goods and Product Quality; Chiefs of
inspectorates of Departments of Standards, Metrology and Quality of
districts/cities and Chiefs of inspectorates of the Directorate for Standards,
Metrology and Quality shall have the power to:62. Point d Clause 2
Article 34 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;”;
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:
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67.
Point d Clause 2 Article 35 shall be amended
as follows:
“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:
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72.
Point d Clause 4 Article 36 shall be amended
as follows:
“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:
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77.
The first paragraph of Clause 2 Article 37
shall be amended as follows:
“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;”;
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"3.
Director of Provincial Market Surveillance Department and Director of Market
Surveillance Operations Department affiliated to Vietnam Directorate of Market
shall have the power to:
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;
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d)
Enforce remedial measures mentioned in Points a, g, h, i Clause 3 Article 2 of
this Decree.
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;
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c)
Confiscate material evidences and/or means used for administrative violations
in the metrology, with value of not over VND 100.000.000 upon an individual,
VND 200.000.000 upon an organization. Impose a fine of VND 150.000.000 upon an
individual and VND 300.000.000 upon an organization in the standards and
quality of products and goods;”
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;”
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“5.
Commanders in chief of Coastguard Squadrons, Commanders of Reconnaissance
Brigades, Commanders of Crime and Drug Prevention and Control Brigades
affiliated to Vietnam Coast Guard shall have the power to:
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;
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91.
Point c Clause 1 Article 41 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;”;
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:
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96.
Clause 1 Article 43 shall be amended as follows:
“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
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3.
Some Clauses of Article 6 shall be amended as
follows:
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:
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“1. A
fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for failure
to make performance review reports or make performance review reports as
required by competent regulatory authorities.”;
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.
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“l)
Investment incentives from being granted the certificate of transfer of
technology encouraged for transfer.”.
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:
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8.
Some Points, Clauses of Article 29 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 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:
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a) Issue
warnings;
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.”;
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“d)
Confiscate exhibits and/or means used for administrative violations;”.
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.”;
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c) Point
c, Clause 4 shall be amended as follows:
“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:
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a) Issue
warnings;
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.”;
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“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;”.
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.
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3.
The entities that are subjects to
administrative penalties according to this Decree include:
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:
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5.
Article 3a shall be added to Article 3 as
follows:
“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;
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b) Name
of clause 4 shall be amended as follows:
“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:
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g) Title
of Clause 8 shall be added as follows:
“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.”.
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“c)
Failing to equip portable dose rate meters, fixed dose rate meters in
conformity with the type of radiological jobs according to regulations.”.
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:
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14.
Point d Clause 2 Article 29 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 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.”;
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“e)
Failing to tally radioactive sources after every working shift or every month;
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.”;
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:
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Enforced
withdrawal of the provided service results in relation to violations specified
in Clause 1 and Clause 2 of this Article.”.
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;
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Enforced
withdrawal of the provided service results in relation to violations specified
in Clause 1 and Point b Clause 2 of this Article.”.
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:
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Depriving
the right to use the registration license for providing support service for the
application of atomic energy from 06 – 12 months in relation to violations
specified in Points c and e Clause 3 of this Article;
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:
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“b)
Impose a fine of up to VND 100.000.000;
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:
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b) Impose
fines of up to VND 2.500.000;
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
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a) Issue
warnings;
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;
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dd)
Enforce remedial measures mentioned in Clauses 2, 3, 4, 5, 6, 7 and 8 Article 3
of this Decree.”.
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:
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b) Impose
a fine of up to VND 50.000.000;
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.
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.”;
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“Article
45b. Power to impose penalties of Coast Guard forces
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;
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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.
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;
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2.
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:
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:
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b) Chief
inspectors of Services of Science and Technology, Chief inspectors of the
Department of Radiation Safety and Nuclear, Heads of specialized inspection
delegations of Services of Science and Technology, Heads of specialized
inspection delegations of the Departments of Radiation Safety and Nuclear 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, Clauses 1, 2, 3, 4,
5 and 6 Article 14, Article 15, Article 16, Article 17, Clauses 1, 2, 3, 4 and
6 Article 18, Articles 1, 2, 3, and 5 Article 19, Article 20, Article 21,
Clauses 1 and 3 Article 22, Clauses 1, 2, 3 and 5 Article 23, Article 24,
Article 27, Article 28, Article 29, Article 30, Article 31, Article 32, Article
33, Article 34, Clauses 1, 2 and 3 Article 35, Clause 1 Article 36, Clause 3
Article 37, Clause 1 Article 38, Article 39, Article 40, Article 41 and Article
42 of this Decree;
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;
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d)
Directors of provincial-level Public Security Departments shall have power to
impose penalties for administrative violations in atomic energy specified in
Article 5, Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 6, Article 7,
Article 8, Article 9, Article 17, Clauses 1, 2, 3 and 4 Article 18, Clauses 1,
2, 3 and 5 Article 19, Article 20, Article 21, Article 23, Article 28, Article
29, Article 30, Article 31, Article 32, Article 33, Article 34, Clauses 1, 2
and 3 Article 35, Clauses 1 and 2 Article 36, Clause 1 Article 38 and Article
42 of this Decree according to their competence, sector and management.
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.
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a)
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 impose penalties for administrative violations in
atomic energy occurring at border areas, border gates and specified in Clauses
1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 6, Article 17, Clauses 1, 2, 3, 4 and
6 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 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 .
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3.
This Decree annuls Clause 3, Article 2 and
Point d, Clause 4, Article 6 of Decree No. 107/2013/ND-CP .
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