THE GOVERNMENT
----- |
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness ---------- |
No. 107/2008/ND-CP
|
Hanoi, September
22, 2008
|
DECREE
ON
ADMINISTRATIVE SANCTIONING OF ACTS OF GOODS SPECULATION AND HOARDING, EXCESSIVE
PRICE HIKING, RUMOR SPREADING, SMUGGLING AND TRADE FRAUDS
THE
GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Commercial Law;
Pursuant to the April 26, 2002 Ordinance on Prices;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations and the April 2, 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Industry and Trade.
Pursuant to the June 14, 2005 Commercial Law;
Pursuant to the April 26, 2002 Ordinance on Prices;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations and the April 2, 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Industry and Trade.
DECREES:
Chapter I
GENERAL
PROVISIONS
Article 1.- Scope of
regulation
1. This Decree provides for the
administrative sanctioning of:
a/ Acts of speculating goods;
hoarding goods; excessively hiking prices; spreading false information on
market and goods and service prices;
b/ Acts of violation of
regulations on declaring, registering and quoting goods and service prices;
c/ Acts of illegally exporting
or transporting across the border paddy, rice, petrol, oil, forest products and
minerals;
d/ Frauds in goods measuring and
packing and goods and service quality.
2. The administrative
sanctioning of acts of violation specified in Articles 4, 5, 6 and 7 of this
Decree is applicable only:
a/ To goods and services on the
list of goods and services subject to price valorization to be applied
nationwide under the Government's regulations or the Prime Minister's decisions
and other goods and services to be applied within localities under decisions of
presidents of provincial-level People's Committees;
b/ In case of an abnormal market
fluctuation in goods and service supply-demand balance and prices caused by
natural disasters, fires, epidemics or wars, or other unexpected circumstances
when the Prime Minister or the Minister of Finance announces national- or
regional-level application of price valorization measures or presidents of
provincial-level People's Committees announce local application of price
valorization measures.
3. Dossiers of violation cases
of goods speculation, illegal cross-border export or transportation of petrol,
oil. paddy, rice, forest products and minerals specified in Articles 4. 10 and
11 of this Decree involving goods valued at VND 100.000.000 or more and showing
signs of crimes shall be forwarded to competent criminal procedure-conducting
bodies for penal liability examination. When criminal procedure-conducting
bodies decide not to examine these violations for penal liability,
administrative sanctioning thereof complies with Articles 4, 10 and 11 of this
Decree.
Article 2.- Subjects of
application
1. Vietnamese organizations and
individuals that commit acts of administrative violation specified in this
Decree.
2. Foreign organizations and
individuals that commit acts of administrative violation specified in this
Decree in the Vietnamese territory, unless otherwise provided for by treaties
to which Vietnam is a contracting party.
3. Minors who commit acts of
administrative violation specified in this Decree shall be sanctioned under
Point a. Clause 1, Article 6 and Clause 1. Article 7 of the 2002 Ordinance on
Handling of Administrative Violations.
Article 3.- Application
of provisions on administrative sanctioning
Sanctioning principles;
extenuating or aggravating circumstances; statute of limitations and time
limits for sanctioning; durations for violators to be regarded as having never
been sanctioned; methods of determining time limits and statute of limitations;
application of administrative sanctioning forms and remedies; and competent
persons' responsibilities in administrative sanctioning comply with the 2002
Ordinance on Handling of Administrative Violations and the 2008 Ordinance
Amending and Supplementing a Number of Articles of the Ordinance on Handling of
Administrative Violations.
Chapter II
ACTS
OF ADMINISTRATIVE VIOLATION, SANCTIONING FORMS AND LEVELS
Article 4.- Sanctioning
of acts of goods speculation
1. Acts of taking advantage of a
scarcity of goods or creating a sham scarcity of goods on the market in order
to collect or buy in goods which are on the list of goods subject to price
valorization according to law other than the goods specified in Clause 2 of
this Article for resale to earn illegal profits shall be fined as follows:
a/ Between VND 3,000,000 and VND
5.000.000 if collected or bought-in goods are valued at VND 20,000.000;
b/ Between VND 5.000.000 and VND
10,000,000 if collected or bought-in goods are valued at between over VND
20,000.000 and VND 50,000,000;
c/ Between VND 10,000,000 and
VND 20,000,000 if collected or bought-in goods are valued at between over VND
50.000,000 and VND 80,000,000;
d/ Between VND 20.000,000 and
VND 30,000,000 if collected or bought-in goods are valued at between over VND
80,000,000 and under VND 100,000,000;
e/ VND 35,000,000 if collected
or bought-in goods are valued at VND 100,000,000 or more but not subject to
penal liability examination.
2. Acts of taking advantage of a
scarcity of goods or creating a sham scarcity of goods on the market in order
to collect or buy in goods being petrol, oil, cement, construction steel,
liquefied gas and chemical fertilizer for resale to earn illegal profits shall
be fined as follows:
a/ Between VND 5,000,000 and VND
10,000,000 if collected or bought-in goods are valued at VND 50.000.000:
b/ Between VND 10.000.000 and
VND 20,000.000 if collected or bought-in goods are valued at between over VND
50.000.000 and VND 80.000.000;
c/ Between VND 20,000,000 and
VND 30.000.000 if collected or bought-in goods are valued at between over VND
80,000,000 and under VND 100,000,000;
d/ VND 35,000,000 if collected
or bought-in goods are valued at VND 100,000,000 but not subject to penal
liability examination.
3. Fine levels specified in
Clauses 1 and 2 of this Article will double in the following cases:
a/ Acts of violation are
committed by enterprises and business branches in Vietnam;
b/ Acts of violation are
committed by individuals, enterprises and branches that have not made business
registration or are not licensed to trade in collected or bought-in goods.
4. Additional sanctions and
remedies of consequences:
a/ Confiscating goods, for
violations specified in this Article;
b/ Confiscating the money earned
from administrative violations, for violations specified in this Article;
c/ Depriving of the right to use
business eligibility certificates and all kinds of granted business licenses
for up to 12 months, or depriving of the right to use such certificates or
licenses for an indefinite time of more than 12 months for repeated violations
or recidivism, for violations specified in this Article.
Article 5.- Sanctioning
of acts of hoarding goods
1. To impose a fine between VND
5.000.000 and VND l0,000,000 on business households which commit the following
acts of hoarding goods without justifiable reasons:
a/ Reducing sale places;
b/ Reducing sale modes (from
wholesale to retail sale) as compared with previous times;
c/ Setting sale conditions,
quoting prices and selling goods on a quantitative or buyer basis which are
different from previous times;
d/ Reducing time for sale and
supply of goods as compared with previous limes.
2. To impose a fine between VND
l0,000,000 and VND 15,000,000 on business households which commit one of
the following acts of hoarding goods without justifiable reasons:
a/ Reducing the quantity of
goods to be sold; b/ Stopping selling goods.
3. To impose a fine between VND
15,000,000 and VND 20.000.000 on business households which commit one of the
following acts of hoarding goods without justifiable reasons:
a/ Not opening shops or trading
places so as not to sell goods;
b/ Opening shops or trading
places without selling goods.
4. To impose a fine between VND
20,000,000 and VND 30,000,000 on business households which commit acts of
stockpiling a quantity of goods 150% higher than the average inventory of these
goods of three consecutive preceding months.
5. Fine levels specified in
Clauses 1 thru 4 of this Article will double in the following cases:
a/Acts of violation are
committed by goods producers, processors, packagers, assemblers, bottlers,
canners, fillers and importers;
b/ Acts of violation are
committed by enterprises and business branches in Vietnam:
c/ Acts of violation are
committed by supermarkets, trade centers or other modern goods distribution
establishments.
6. Additional sanctions:
a/ Confiscating goods, for
violations specified in Clause 4 of this Article.
b/ Depriving of the right to use
business eligibility certificates and all kinds of granted business licenses
for up to 12 months, or depriving of the right to use such certificates or
licenses for an indefinite time of more than 12 months for repeated violations
or recidivism, for violations specified in this Article.
Article 6.- Sanctioning
of acts of excessively hiking prices
1. To impose caution or a fine
between VND 500.000 and VND 1,000,000 on acts of raising sale prices or service
charges by 20% from the price levels declared or registered with competent
state agencies in order to earn illegal profits if goods or services are valued
at up to VND 5.000.000.
2. To impose a fine between VND
1,000,000 and VND 3.000,000 on acts of violation specified in Clause 1 of this
Article if goods or services are valued at between over VND
5,000.000 and VND 10,000.000.
3. To impose a fine between VND
3,000,000 and VND 5.000,000 on acts of violation specified in Clause 1 of this
Article if goods or services are valued at between over VND 10,000,000 and VND
20,000,000.
4. To impose a fine between VND
5,000.000 and VND 7,000,000 on acts of violation specified in Clause 1 of this
Article if goods or services are valued at between over VND 20,000,000 and VND
50,000,000.
5. To impose a fine between VND
7,000,000 and VND 10,000,000 on acts of violation specified in Clause 1 of this
Article if goods or services are valued at between over VND 50,000,000 and VND
80,000,000.
6. To impose a fine between VND
10,000,000 and VND 15,000,000 on acts of violation specified in Clause 1 of
this Article if goods or services are valued at between over VND 8,000,000 and
VND 100,000,000.
7. To impose a fine
between VND 15,000,000 and VND 20,000,000 on acts of violation specified in
Clause 1 of this Article if goods or services are valued at over VND
100,000,000.
8. Fine levels specified in
Clauses 1 thru 7 of this Article will double in the following cases:
a/ Acts of violation are
committed by goods producers, processors, packagers, assemblers, bottlers,
canners. fillers and importers:
b/ Acts of violation are
committed by enterprises and business branches in Vietnam;
c/ Acts of violation committed
by supermarkets, trade centers or other modern goods distribution
establishments.
9. Additional sanctions:
a/ Confiscating the money earned
from administrative violations, for violations specified in this Article.
b/ Depriving of the right to use
business eligibility certificates and all kinds of granted business licenses
for up to 12 months, or depriving of the right to use such certificates or
licenses for an indefinite time of more than 12 months for repeated violations
or recidivism, for violations specified in this Article.
Article 7.- Sanctioning
of acts of spreading rumors on markets and goods and service prices
1. To impose caution or a fine
between VND 500,000 and VND 1,000,000 on individuals who commit acts of making
up or spreading untruthful information on market situation and goods and
service prices causing market instability and psychological confusion in the
society.
2. To impose a fine between VND
1,000,000 and VND 5,000,000 on business households committing acts of making up
or spreading untruthful information on market situation and goods and service
prices causing market instability and psychological confusion in the society.
3. To impose a fine between VND
5,000,000 and VND 10,000,000 on enterprises committing acts of making up or
spreading untruthful information on market situation and goods and service
prices causing market instability and psychological confusion in the society.
4. To impose a fine between VND
10,000,000 and VND 20,000,000 on mass media agencies and concerned
organizations committing acts of making up or spreading untruthful information
on market situation and goods and service prices on the mass media such as
newspaper, radio, television, online news service or other publications causing
market instability and psychological confusion in the society.
5. Fine levels specified in
Clauses 1 thru 4 of this Article will double in cases of intentionally making
up or spreading untruthful information for self-seeking purposes.
6. Additional sanctions and
remedies:
a/ Compelling correction of
information, for violations specified in Clauses 2,3 and 4 of this Article:
b/ Compelling destruction or
confiscation for destruction of publications containing violating information,
for violations specified in Clause 4 of this Article;
c/ Depriving of the right to use
business eligibility certificates and all kinds of granted business licenses
for up to 12 months, or depriving of the right to use such certificates or
licenses for an indefinite time of more than 12 months for repeated violations
or recidivism, for violations specified in Clauses 2 and 3 of this Article.
Article 8.- Sanctioning
of acts of violation of regulations on declaration and registration of goods
and service prices
1. To impose a fine between VND
3,000,000 and VND 5,000,000 on acts of failing to declare goods and service
prices with competent state agencies under regulations.
2. To impose a fine between VND
5,000,000 and VND 10,000,000 on acts of failing to register goods and service
prices with competent state agencies under regulations.
3. Remedies of consequences:
To compel price declaration and
registration under regulations, for violations specified in this Article.
Article 9.- Sanctioning
of acts of violation of regulations on quoting goods and services
1. To impose caution or a fine
between VND 500,000 and VND 1,000,000 on one of the following acts:
a/ Failing to quote goods and
services at shops, stalls or places for sale and purchase of goods or provision
of services;
b/ Quoting not under regulations
or unclearly quoting causing confusion to customers.
2. To impose a fine between VND
1,000,000 and VND 5,000,000 on acts of selling goods or charging serves at
prices higher than quotations.
3. To impose a fine between VND
5,000,000 and VND 10.000,000 on acts of violation specified in Clauses 1 and 2
of this Article in the following cases:
a/ Goods and services whose
prices, price brackets or price limits are set by the State:
b/ Goods and services are on the
list of goods and services subject to price valorization according to law;
c/ Goods and services are on the
list of goods and services subject to restricted business or conditional
business;
d/ Acts of violation are
committed by supermarkets, trade centers or other modern goods distribution
establishments.
4. To impose a fine between VND
10,000,000 and VND 20,000,000 on foreign currency or gold trading establishments
which commit one of the following acts:
a/ Failing to post foreign
exchange rates or buying and selling prices of gold at trading places;
b/ Unclearly posting up foreign
exchange rates or buying and selling prices of gold causing confusion to customers;
c/ Buying and selling foreign
currencies or gold not at posted-up prices.
5. To impose a fine between VND
20,000,000 and VND 30,000,000 on acts of quoting goods and services in foreign
currencies or selling goods or charging services in foreign currencies without
permission.
6. Additional sanctions and
remedies of consequences:
a/ Compelling the making of
quotations under regulations, for violations specified in Clauses 1, 3. 4 and 5
of this Article;
b/ Compelling the refund of
money earned from charging higher than quotations to customers for violations
specified in Clauses 2,3, Point c of Clause 4 of this Article. When it is
impossible to identify customers for refund, to confiscate such amounts for
remittance into the state budget:
c/ Confiscating foreign currency
amounts earned from administrative violations specified in Clause 5 of this
Article;
d/ Depriving of the right to use
business eligibility certificates and all kinds of granted business licenses
for up to 12 months, or depriving of the right to use such certificates or
licenses for an indefinite time of more than 12 months for repeated violations
or recidivism, for violations specified in this Article.
Article 10.- Sanctioning
of acts of illegal cross-border export of petrol and oil
1. To impose a fine between VND
5,000,000 and VND 10,000,000 on petrol and oil retailers in border areas that
commit acts of violation of regulations on petrol and oil trading management in
border areas promulgated by the Minister of Industry and Trade.
2. To impose a line between VND
5,000,000 and VND 10,000,000 on one of the following acts if petrol and oil are
valued at up to VND 10.000.000:
a/ Illegally transporting petrol
and oil to border areas;
b/ Illegally transporting,
trading in or exchanging petrol and oil across the border;
c/ Trading in or exchanging
petrol and oil with foreign vessels or fishing means at sea.
3. To impose a fine between VND
10,000,000 and VND 20,000,000 on acts of violation specified in Clause 2 of
this Article if petrol and oil are valued at between over VND 10,000,000 and
VND 30,000,000.
4. To impose a fine between VND
20,000,000 and VND 30,000,000 on acts of violation specified in Clause 2 of
this Article if petrol and oil are valued at between over VND 30.000,000 and
VND 50,000,000.
5. To impose a fine between VND
30,000,000 and VND 50,000,000 on acts of violation specified in Clause 2 of
this Article if petrol and oil are valued at between over VND 50,000,000 and
VND 70,000,000.
6. To impose a fine between VND
50.000.000 and VND 70,000,000 on acts of violation specified in Clause 2 of
this Article if petrol and oil are valued at between over VND 70,000,000 and
under VND 100,000,000.
7. To impose a fine of VND
70,000,000 on acts of violation specified in Clause 2 of this Article if petrol
and oil are valued at over VND 100,000.000 for cases not subject to penal
liability examination under decisions of criminal procedural agencies.
8. Additional sanctions and
remedies of consequences:
a/ Compelling the observance of
the Ministry of Industry and Trade's regulations on petrol and oil trading
management in border areas;
b/ Confiscating goods involved
in violations specified in Clauses 2 thru 7 of this Article;
c/ Confiscating money earned
from administrative violations specified in Clauses 2 thru 7 of this Article;
d/ Confiscating means of
transport, for violations specified in Clauses 2 thru 7 of this Article for one
of the following cases: repeated violations or recidivism, using number plates
granted by competent authorities not for such vehicles, committing acts of
avoiding or obstructing persons on duty, except for cases specified in Clause
2, Article 17 of the 2002 Ordinance on Handling of Administrative Violations:
e/ Depriving of the right to use
business eligibility certificates and all kinds of granted business licenses
for up to 12 months, or depriving of the right to use such certificates or
licenses for an indefinite time of more than 12 months for repeated violations
or recidivism, for violations specified in this Article.
Article 11.- Sanctioning
of acts of illegally exporting paddy, rice, forest products and minerals across
the border
1. To impose a fine between VND
500,000 and VND 1,000,000 on one of the following acts if goods are valued at
up to VND 5,000,000:
a/ Illegally transporting,
trading in or exchanging paddy, rice, forest products and minerals across the
border;
b/ Illegally trading in or
exchanging paddy, rice, forest products and minerals with foreign means of
transport on river or at sea.
2. To impose a fine between VND
1,000,000 and VND 2,000,000 on acts of violation specified in Clause 1 of this
Article if goods are valued at between over VND 5,000,000 and VND 10,000,000.
3. To impose a fine between VND
2,000,000 and VND 5,000,000 on acts of violation specified in Clause 1 of this
Article if goods are valued at between over VND 10,000,000 and VND 20,000,000.
4. To impose a fine between VND
5,000,000 and VND 10,000,000 on acts of violation specified in Clause 1 of this
Article if goods are valued at between over VND 20,000,000 and VND 50,000,000.
5. To impose a fine between VND
10,000,000 and VND 20,000,000 on acts of violation specified in Clause 1 of
this Article if goods are valued at between over VND 50,000,000 and VND
80,000,000.
6. To impose a fine between VND
20,000,000 and VND 30,000,000 on acts of violation specified in Clause 1 of
this Article if goods are valued at between over VND 80,000.000 and under VND
100,000.000.
7. To impose a fine of VND
35.000.000 on acts of violation specified in Clause 1 of this
Article if goods are valued at
VND 100.000,000 or more without examining these acts for penal liabilitv.
8. Fine levels specified in
Clauses 1 thru 7 of this Article will double in the following cases:
a/ Forest products are log or
sawn timber from natural forests, precious and rare. animals and plants,
precious and rare plant varieties and animal breeds on the list banned from
trading or export;
b/ Special and hazardous
minerals.
9. Provisions on administrative
sanctioning prescribed in this Article are not applicable to the exchange of
paddy and rice for consumption by border inhabitants according to current
regulations.
10. Additional sanctions and
remedies of consequences:
a/ Confiscating goods involved
in violations specified in this Article;
b/ Confiscating money amounts
earned from administrative violations specified in this Article;
c/ Confiscating means of
transport for violations specified in this Article for one of the following
cases: repeated violations or recidivism, using number plates granted by
competent authorities not for such vehicles, avoiding or obstructing persons on
duty, except for cases specified in Clause 2, Article 17 of the 2002 Ordinance
on Handling of Administrative Violations:
d/ Depriving of the right to use
business eligibility certificates and all kinds of granted business licenses
for up to 12 months, or depriving of the right to use such certificates or
licenses for an indefinite time of more than 12 months for repeated or
recidivism, for violations specified in this Article.
Article 12.- Sanctioning
of acts of violation concerning goods banned from trading, smuggled goods worth
VND 100,000,000 or more, fake goods worth VND 30,000,000 or more and violation
in goods labeling
1. Dossiers of cases of
violation concerning goods banned from trading, smuggled goods worth VND
100,000,000 or more and fake goods worth VND 30,000,000 or more which show
signs of crimes shall be forwarded to competent criminal procedure-conducting
bodies for penal liability examination. When criminal procedure-conducting
bodies decide not to examine these cases for penal liability, administrative
sanctions shall be imposed with the highest fine level of the highest fine
bracket set for acts of administrative violation together with additional
sanctions and remedies of consequences specified in Articles 18, 22 and 24 of
the Government's Decree No. 06/ 2008/ND-CP of January 16. 2008. on
administrative sanctioning of violations in commercial activities.
2. Acts of violation in goods
labeling valued at over VND 100,000,000 or more shall he administratively
sanctioned with the highest fine level of the highest fine bracket set for acts
of administrative violation together with additional sanctions and remedies of
consequences specified in Article 23 of the
Government's Decree No.
06/2008/ND-CP of January 16. 2008. on administrative sanctioning of violations
in commercial activities.
3. Fine brackets specified at
Points a, b, c, d, e, f and g. Clause 4. Article 23 of the Government's Decree
No. 06/2008/ND-CP of January 16.200S. on administrative sanctioning of
violations in commercial activities, are applicable to the administrative
sanctioning of acts of trading in unlabeled goods subject to goods labeling.
Article 13.- Sanctioning
of frauds in goods measuring and packing and goods and service quality
1. To impose caution or a fine
between VND 20,000 and VND 50,000 on one of the following acts causing damage
to customers if goods are valued at up to VND 100,000:
a/ Committing frauds in
weighing, measuring, counting or packing goods;
b/ Committing frauds in goods
quality as compared with announced quality or quality information on goods
labels.
2. To impose caution or a fine
between VND 50.000 and VND 100,000 on acts of violation specified in Clause 1
of this Article if goods are valued at between over VND 100,000 and VND
300,000.
3. To impose a fine between VND
100,000 and VND 200,000 on acts of violation specified in Clause 1 of this
Article if goods are valued at between over VND 300,000 and VND 500,000.
4. To impose a fine between VND
200,000) and VND 300.000 on acts of violation specified in Clause 1 of this
Article if goods are valued at between over VND 500,000 and VND 1.000.000.
5. To impose a fine between VND
300,000 and VND 500.000 on acts of violation specified in Clause 1 of this
Article if goods are valued at between over VND 1,000,000 and VND 2,000,000.
6. To impose a fine between VND
500,000 and VND 700,000 on acts of violation specified in Clause 1 of this
Article if goods are valued at between over VND 2,000,000 and VND 5,000,000.
7. To impose a fine between VND
700,000 and VND 1,000,000 on acts of violation specified in Clause 1 of this
Article if goods are valued at between over VND 5,000,000 and VND 10,000,000.
8. To impose a fine between VND
1,000,000 and VND 1,500,000 on acts of violation specified in Clause 1 of this
Article if goods are valued at between over VND 10,000,000 and VND 15,000,000.
9. To impose a fine between VND
1,500,000 and VND 2,000,000 on acts of violation specified in Clause 1 of this
Article if goods are valued at between over VND 15,000,000 and VND 20,000,000.
10. To impose a fine between VND
2,000,000 and VND 3,000,000 on acts of violation specified in Clause 1 of this
Article if goods are valued at between over VND 20.000.000 and VND 30,000,000.
11. To impose a fine between VND
3,000,000 and VND 5.000,000 on acts of violation specified in Clause 1 of this
Article if goods are valued at between over VND 30,000,000 and VND 50,000,000.
12. To impose a fine between VND
5,000,000 and VND 7,000,000 on acts of violation specified in Clause 1 of this
Article if goods are valued at between over VND 50,000,000 and VND 70,000,000.
13. To impose a fine between VND
7,000,000 and VND 10,000,000 on acts of violation specified in Clause 1 of this
Article if goods are valued at between over VND 70,000,000 and VND 100,000,000.
14. To impose a fine between VND
10,000,000 and VND 15,000,000 on acts of violation specified in Clause 1 of
this Article if goods are valued at over VND 100,000,000.
15. Fine levels specified in
Clauses 1 thru 14 of this Article will double in the following cases:
a/ Frauds are committed by goods
producers, processors, assemblers, bottlers, canners, fillers and packagers:
b/ Goods and services on the
list of goods and services subject to price valorization according to law.
16. Additional sanctions and
remedies of consequences:
a/ Compelling compensation for
damage to customers for violations specified in this Article, confiscating
monev amounts earned from frauds for remittance into the state budget when it
is impossible to identify customers for compensation:
b/ Depriving of the right to use
business eligibility certificates and all kinds of granted business licenses
for up to 12 months, or depriving of the right to use such certificates or
licenses for an indefinite time of more than 12 months for repeated violations
or recidivism, for violations specified in this Article.
Chapter III
SANCTIONING
COMPETENCE AND PROCEDURES
Article 14.- Sanctioning
competence
1. Sanctioning competence of
People's Committees of all levels
a/ Presidents of commune-level
People's Committees may administratively sanction acts of violation prescribed
in this Decree in localities under Article 28 of the 2002 Ordinance on Handling
of Administrative Violations and the 2008 Ordinance Amending and Supplementing
a Number of Articles of the Ordinance on Handling of Administrative Violations.
b/ Presidents of district-level
People's Committees may administratively sanction acts of violation specified
in this Decree in localities under Article 29 of the 2002 Ordinance on Handling
of Administrative Violations and the 2008 Ordinance Amending and Supplementing
a Number of Articles of the Ordinance on Handling of Administrative Violations.
c/ Presidents of provincial-level
People's Committees may administratively sanction acts of violation specified
in this Decree in localities under Article 30 of the 2002 Ordinance on Handling
of Administrative Violations.
2. Sanctioning competence of
market management bodies
Competent persons of market
management bodies specified in Article 37 of the 2002 Ordinance on Handling of
Administrative Violations may administratively sanction acts of violation
specified in this Decree in localities under their management and acts of
administrative violation in goods and service market prices under the
Government's decree on sanctioning of administrative violations in pricing.
3. Administrative sanctioning
competence of police, customs, border guard, coast guard and branch
inspectorate bodies
a/ Chiefs of district-level
police offices, heads of provincial-level investigative police sections for
economic management order- and position-related crimes, directors of
provincial-level police offices and the director of the Investigative Police
Department for Economic Management Order-And Position-Related Crimes may
administratively sanction acts of violation specified in this Decree in
localities under their management according to Clauses 4,5, 6 and 7, Article 31
of the 2002 Ordinance on Handling of Administrative Violations and the 2008
Ordinance Amending and Supplementing a Number of Articles of the Ordinance on
Handling of Administrative Violations.
b/ Competent persons of branch
inspectorates may administratively sanction acts of violation specified in this
Decree in localities and domains under branches' management according to
Article 38 of the 2002 Ordinance on Handling of Administrative Violations and
the 2008 Ordinance Amending and Supplementing a Number of Articles of the
Ordinance on Handling of Administrative Violations.
c/ Competent persons of the
Border Guard. Coast Guard and Customs may administratively sanction acts of
smuggling or illegally transporting goods across the border specified in this
Decree in localities and domains under their management according to Articles
32, 33 and 34 of the 2002 Ordinance on Handling of Administrative Violations
and the 2008 Ordinance Amending and Supplementing a Number of Articles of the
Ordinance on Handling of Administrative Violations.
Article 15.- Principles
for determining sanctioning competence and authorization
1. Principles for determining
competence of administrative sanctioning are set under Article 42 of the 2002
Ordinance on Handling of Administrative Violations and the 2008 Ordinance
Amending and Supplementing a Number of Articles of the Ordinance on Handling of
Administrative Violations.
2. Authorization of
administrative sanctioning complies with Article 41 of the 2002 Ordinance on
Handling of Administrative Violations and the 2008 Ordinance Amending and
Supplementing a Number of Articles of the Ordinance on Handling of
Administrative Violations.
Article 16.- Procedures
for sanctioning, handling material evidence and means used in administrative
violations and implementing sanctioning decisions
1. Procedures for administrative
sanctioning, handling material evidence and means used in administrative
violations and implementing administrative sanctioning decisions-comply with
the 2002 Ordinance on Handling of Administrative Violations and the 2008
Ordinance Amending and Supplementing a Number of Articles of the Ordinance on
Handling of Administrative Violations.
2. The pricing of goods involved
and material evidence and means used in administrative violations which serves
as a basis for determining fine levels and sanctioning competence for
administrative violations comply with Article 63 of the Government's Decree No.
06/2008/ND-CP of January 16, 2008. on administrative sanctioning ofviolations
in commercial activities.
Article 17.- Application
of measures to stop administrative violations and ensure administrative
sanctioning
The application of measures to
stop administrative violations and ensure administrative sanctioning comply
with the 2002 Ordinance on Handling of Administrative Violations and the 2(X)8
Ordinance Amending and Supplementing a Number of Articles of the Ordinance on
Handling of Administrative Violations.
Chapter IV
COMPLAINTS.
DENUNCIATIONS AND HANDLING OF VIOLATIONS
Article 18.- Complaints,
denunciations and their settlement
1. Individuals may denounce with
competent state agencies acts of administrative violation specified in this
Decree committed by organizations or individuals or illegal acts committed
persons competent for administrative sanctioning.
2. Organizations and individuals
subject to administrative sanctioning or measures to stop administrative
violations or their lawful representatives may lodge complaints about
administrative sanctioning decisions or decisions on application of measures to
prevent administrative violations according to the law on complaints and
denunciations or initiate lawsuits at competent courts according to the law on
procedures for settling administrative lawsuits.
3. The order, procedures, time
limits and competence to lodge and settle complaints and denunciations about
administrative sanctioning comply with the law on complaints and denunciations
and settlement thereof.
Article 19.- Handling of
violations committed by persons with administrative sanctioning competence
Persons with administrative
sanctioning competence under this Decree who commit acts of causing troubles or
tolerating, covering up. failing to handle or untimely handling violations:
imposing sanctions not according to competence, not on proper persons or not
for proper acts of violation; applying improper forms and levels of sanction
and other measures; appropriating or illegally using money, goods, material
evidence and means of violation; or obstructing lawful circulation of goods
causing damage to traders, shall, depending on the nature and severity of their
violation, be disciplined or examined for penal liability and compensate for
damage according to law.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 20.-
Implementation effect
1. This Decree takes effect 15
days after its publication in "CONG BAO."
2. To annul all previous
provisions which are contrary to this Decree.
Article 21.-
Implementation responsibilities
1. The Minister of Industry and
Trade shall guide and organize the implementation of this Decree.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
presidents of provincial/municipal People's Committees shall implement this
Decree.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER Nguyen Tan Dung |
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