THE GOVERNMENT
-------- |
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness --------------- |
No.: 185/2013/ND-CP
|
Hanoi, November
15, 2013
|
DECREE
PROVIDING
THE PENALTIES ON ADMINISTRATIVE VIOLATIONS IN COMMERCIAL ACTIVITIES, PRODUCTION
OF, TRADING IN COUNTERFEIT OR BANNED GOODS AND PROTECTION OF CONSUMER RIGHTS
Pursuant to the Law on
Organization of the Government of December 25th, 2001;
Pursuant to the Law on
handling of administrative violations of June 20, 2012;
Pursuant to the Commercial
Law of June 14th, 2005;
Pursuant to the Law on
Enterprises of November 29th, 2005;
Pursuant to the Law on
E-Commerce of November 29th, 2005;
Pursuant to the Law on
Prevention and Control of Tobacco Harms of June 18th, 2012;
Pursuant to the Law on Protection
of Consumer Rights of November 17th, 2011;
At the proposal of the
Minister of Industry and Trade;
The Government promulgates
the Decree on the penalties of administrative violations in commercial
activities, production of, trading in counterfeit goods or banned goods and
protection of consumer rights,
Chapter 1.
GENERAL
PROVISIONS
Article 1. Scope of
regulation
1. This Decree provides for acts
of administrative violations, forms of sanction, levels of sanction, remedial
measures, competency to make records and to impose sanction on administrative
violations in commercial activities, production of, trading in counterfeit or
banned goods and protection of consumer rights.
2. Acts of administrative
violations in commercial activities, production of, trading in counterfeit or
banned goods and protection of consumer rights specified in this Circular shall
comprise:
a) Acts of violation in business
activities according to the business registration certificates, the business
licenses, the certificates on satisfaction of business conditions and the
practice certificates of goods or services trading;
b) Acts of trading in banned
services, production of and trading in counterfeit or banned goods;
c) Acts of trading in
illegally-imported goods; goods circulated in domestic market being applied
with emergency measures; goods or services being restrained from trading; goods
or services of conditional business; goods being expired, without origins or
sources and other violations;
d) Acts of violation on
production or trade of tobacco;
dd) Acts of violation on
production or trade of wines;
e) Acts of hoarding and
speculation of goods;
g) Acts of violation in trade
promotion activities;
h) Acts of violation in
commercial intermediate activities;
i) Acts of violation in importing
or exporting goods and services which are related to goods import or export;
k) Acts of violation in
protection of consumer rights;
l) Acts of violation in
e-commerce;
m) Acts of violation in the
establishment and commercial activities of foreign traders and foreigners in
Vietnam;
n) Other acts of violation in
commercial activities.
3. Administrative violations in
commercial activities pertaining to trade of petroleum oils, liquefied
petroleum gas (LPG); prices, listing prices of goods or services; documents,
invoices in purchasing or selling goods, services; measurement of goods;
standards, quality of goods being circulated or traded in the market; goods
labels; intelligent properties; business registration procedures; signboards;
commercial advertisements; goods auctions trading; purchase, sale or exchange
of goods between border residents and other acts of violation shall be governed
by provisions on sanction of administrative violations in related domains of
state management.
4. For acts violating provisions
on management policies for goods being imported or exported, goods in transit,
transportation means on exit or entry, transit which are discovered by customs
offices within their areas of customs operation, provisions on sanction of
administrative violation in customs domain shall be applied.
Article 2. Subjects of
administrative sanctions
1. Vietnamese or foreign
individuals, organizations commit acts of administrative violation as specified
in this Decree in the territory of Vietnam.
2. Individuals specified in
clause 1 of this Article include also business households which are required to
be registered in accordance with law; households which are involved in
production of agricultural, forestry, aquaculture products, salt making and
persons who are street vendors, hucksters, mobile traders, service providers
having low income without registration of their business in accordance with
laws.
3. Organizations specified in
clause 1 of this Article, including economic organizations which are enterprises
established and operated in accordance with the Law on Enterprises, the Law on
Investment; Cooperatives, Union of Cooperatives which are established according
to the Law on Cooperatives; other economic organizations which are established
and operated in accordance with laws and other business units under the
above-mentioned economic organizations.
Article 3. Interpretation of
terms
According to this Decree, the
following terms shall be construed as follows:
1. “Production” is the
implementation of one, some or all activities of manufacturing, publishing,
printing, processing, ordering, preliminary processing, processing, extracting,
recycling, installing, mixing, abstracting, feeding, packing and other
activities of goods manufacturing.
2. “Trading” is the
implementation of one, some or all activities of offering, displaying, storing,
reserving, transporting, wholesaling, retailing, exporting, importing and other
activities of putting goods into circulation.
3. “Goods being circulated in
the market” include goods being displayed for sale, being transported on roads,
being stored in warehouses, stations, yards of the manufacturing or trading
establishments or other locations.
4. “Certificate of business
registration” includes certificate of enterprise registration; certificate of
cooperative registration, union of cooperatives registration; investment
license; certificate of investment registration; certificate of registration of
branch, representative office of economic organizations and certificate of business
household registration.
5. “Business License” includes business or
production license; permit or quota for exporting, importing and services
pertaining to import, export and other documents in which an individual or an
organization are granted by a competent state agency for business activities,
except the certificate of business registration as specified in clause 4 of
this Article.
6. “Banned goods” includes goods are banned
from trading; goods are banned from circulation or use; goods have not been
permitted to circulate or use in Vietnam.
7. “Smuggling goods” includes”
a) Goods are banned from import or temporarily
stopped from import in accordance with laws.
b) Imported goods are under the list of goods
are imported with conditions, without having import licenses or documents
issued by competent state agencies according to regulations being accompanied
with imported goods when circulating into the market;
c) Imported goods are not being transported
through stipulated border gates, not being done with customs clearance
according to laws or being fraudulently declared in terms of quantities or
categories when conducting customs clearance;
d) Imported goods are circulated into the
market without accompanied invoices, documents according to legal provisions or
with invoices or documents but such invoices or documents are invalid according
to legal provisions on management of invoices;
e) Imported goods must be stuck with import
stamps according to legal provisions, but have no stamp on goods as required by
laws or be stuck with faked or used stamps.
8. "Counterfeit goods” include:
a) Goods without having valuable use or
effects; having valuable use or effects but do not match with sources by
nature, names of goods; having valuable use or effects which do not match with
the registered or notified valuable use or effects;
b) Goods having determined contents of main
substances or in nutrients or other basic technical characteristics which have
only reached a level of 70% and lower in comparison with the quality criteria
or technical standards have been registered or notified to apply or to print on
labels or packing of goods;
c) Medicines preventing or treating people,
domestic animals without pharmaceutical substances; or with pharmaceutical
substances but do not match the registered contents; or not sufficient the
registered catalogues; with other pharmaceutical substances which are different
from the pharmaceutical substances stated on the labels or packing of the
goods;
d) Insecticides without active elements; or
contents of active elements of 70% and below in comparison with the registered
or notified quality criteria or technical standards; or not sufficient the
registered active elements; or with active elements which are different with
those stated on labels or packing of the goods;
e) Goods with labels or packing which have
forged names or addresses of other entrepreneurs; trade names or product names;
circulation registration codes, bar codes or the goods packing of other
entrepreneurs;
e) Goods with labels or packing faking indications on origin or place of manufacturing,
packing, assembling goods;
g) Goods have been forged in term of
intellectual property rights as provided for by Article 213 of the 2005 Law on
Intellectual Property Rights;
h) Forged stamps, labels or packing.
9. “Forged stamps, labels or packing” include
decals, goods labels, goods packing, quality stamps, warranty cards, seals on
shrinkable films or other articles of business individuals or organizations
that have indications faking names and addresses of other entrepreneurs; faking
trade names or product names, circulation registration codes, bar codes or
goods packing of other entrepreneurs.
10. “Exhibits” include objects, money,
documents, finished products or unfinished products which are directly related
to the administrative violations.
11. “Violation means” include transport means,
tools, machineries and other objects which are used to commit administrative
violations.
12. “Individual secrets of consumers” are
information pertaining to personal consumers in which consumers or relevant
organizations or individuals have applied security measures, if such
information is disclosed or used without their prior consents causing negative
effects on their health, lives, properties or other physical or mental damages
of consumers.
13. “Third parties in the provision of
information on goods or services to consumers” are organizations or individuals
requested by organizations or individuals trading in goods or services to
provide information on goods or services, including:
a) Organizations or individuals conducting
service to provide information on goods or services to consumers;
b) Organizations or individuals participating
in the elaboration of information on goods or services;
c) Owners of media means, providers of
telecommunication services;
d) Other organizations, individuals who are
requested to conduct the provision of information.
Article 4. Application of administrative
penalties and remedial measures
1. The form of warning sanction specified in
this Decree is a principal form of administrative sanction which is only
applied to the acts of administrative violations whereby the form of warning
sanction is stipulated and applied to the infringing individuals or
organizations with circumstances as provided for in Article 22 of the Law on
handling of administrative violations.
2. The form of fine specified in this Decree is
a principal form of administrative sanction and the level of fine specified in
this Decree shall be applied to acts of administrative violations which are
committed by individuals. A fine doubling the fine specified for individuals
shall be imposed on acts of administrative violations which are committed by
organizations.
3. The sanctioning form of confiscation of
material evidence or means used to commit violations specified in this Decree
is an additional form of sanction which shall only be applied to material
evidence or means of administrative violations specified in Article 26 of the
Law on handling of administrative violations and clause 2 of Article 3 of
Decree No. 81/2013/ND-CP of July 19th, 2013 of the Government
stipulating details of a number of articles and the implementation measures of
the Law on handling of administrative violations (below collectively referred
to as Decree 81/2013/ND-CP).
In case this Decree stipulates that both
sanctioning forms of confiscation of material evidence or means and remedial
measures specified in points a, b and c of clause 5 of this Article shall be
applied, then competent officials shall only decide to confiscate material
evidence or means if it is unable to apply these measures, except those
material evidence or means of administrative violations which are drugs,
weapons, explosive materials, supporting tools, objects having historic values,
cultural values, national precious objects, precious and rare forestry products
or seafood, objects being banned from circulation shall be confiscated.
4. The sanctioning form of confiscation of use
rights with definite-term with the business licenses, the practice certificates
or of suspension with definite-term a part or all activities of infringing
production, trade or services specified in this Decree is an additional
sanctioning form being applied as follows:
a) Only apply the form of confiscation of use
rights with definite-term with the business licenses, the practice certificates
of individuals or organizations committing administrative violations which were
granted with the business licenses, the practice certificates and in accordance
with the time limit specified in this Decree. Principals and competency in
applying the sanctioning form of confiscation of use rights with definite-term
with the business licenses, the practice certificates in accordance with
Article 7 of the Decree No. 81/2013/ND-CP;
b) Only apply the sanctioning form of
suspension of a part of all activities of production, trade or services that
are violation on individuals or organizations committed administrative
violations in cases specified in clause 2 of Article 25 of the Law on handling
of administrative violations and within the time limit specified in this
Decree.
5. Remedial measures specified in this Decree
shall be applied as follows:
a) Forcing to destroy goods or articles is
applied to goods or articles specified in Article 33 of the Law on handling of
administrative violations for which such destroy of individuals, organizations
committed administrative violations do not cause bad effects on ecosystem,
environment, human health, domestic animals, cultivated crops, domestic animals
or social order and safety.
b) Forcing to eliminate violated factors on
labels, packing of goods, means of trading , articles is applied to goods,
means of trading, articles specified in Article 35 of the Law on handling of
administrative violations in cases that those violated factors can be
eliminated and the elimination of violated factors shall not lead to the
possibility of succeeding violations;
c) Forcing to move out of the territory of
Vietnam or to re-export goods, articles, means shall be applied in cases
specified in Article 32 of the Law on handling of administrative violations
when individuals or organizations committed administrative violations are
capable of conducting these measures;
d) Forcing to destroy or to eliminate violated
factors shall be applied to categories of goods or products specified in
Article 32 of the Law on handling of administrative violations, that
individuals or organizations who committed administrative violations have
consumed or sold and those are still being circulated in the market;
dd) Forcing to submit the illegal benefits
which gained from committing acts of administrative violations specified in
Article 37 of the Law on handling of administrative violations shall be applied
to violators who have illegal benefits.
e) Other remedial measures shall be applied in
accordance with the Law on handling of administrative violations and provisions
of this Decree.
6. When applying remedial measures specified in
clause 5 of this Article, competent officials must stipulate suitable time
limit in order for the individuals or organizations being violators to
implement. If the time limit for implementation recorded in the penalty
decision is expired without the implementation, the coercive implementation or
the confiscating decision for handling must be implemented in accordance with
Article 82 of the Law on handling of administrative violations.
Article 5. Determination of the value of
material evidence, means of administrative violations being the base for
determination of the frame of fines, the sanctioning competency
1. The determination of values of material
evidence, means of administrative violations specified in this Decree shall
apply based on one of foundations according to priority order specified in
points a, b and c of clause 2 of Article 60 of the Law on handling of
administrative violations.
2. For material evidence being forged goods
specified in points a, b, c, d, dd, e and g of clause 8 of Article 3 of this
Decree is the market price of actual goods or goods having the same features,
techniques, utilities at the time being discovered of administrative violations
in accordance with point d, clause 2 of Article 60 of the Law on handling of
administrative violations. In case of unable to determine prices as above, the
determination of values shall comply with provisions of clause 1 of this
Article.
3. In case of unable to apply foundations
specified in clause 1 and 2 of this Article, the competent officials handling
cases may issue decisions to seize violated material evidences and to establish
the council for price assessment according to clause 3 of Article 60 of the Law
on handling of administrative violations.
Chapter 2.
ACTS OF ADMINISTRATIVE VIOLATIONS,
FORMS AND LEVELS OF PENALTIES AND REMEDIAL MEASURES
SECTION 1. ACTS OF VIOLATION IN BUSINESS
ACTIVITIES ACCORDING TO THE BUSINESS REGISTRATION CERTIFICATES, THE BUSINESS
LICENSES, THE CERTIFICATES ON SATISFACTION OF BUSINESS CONDITIONS AND THE
PRACTICE CERTIFICATES OF GOODS OR SERVICES TRADING;
Article 6. Acts of violation in business
activities according to the business registration certificates
1. A fine of between VND 1,000,000 and
5,000,000 shall be imposed on business acts which do not comply with branches,
categories of products, and locations of business as stated in the business
registration certificate.
2. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on acts of business operation without business
registration certificate in accordance with regulations.
3. A fine of between VND 10,000,000 and
15,000,000 shall be imposed on acts of continuing business activities after
business activities have been suspended or the business registration
certificate has been withdrawn by competent state agencies.
4. A fine doubling the fine level specified in
between clause 1 and clause 3 of this Article shall be imposed in cases of
trading in goods or services under the list of goods or services being limited
or subject to conditional business.
Article 7. Acts of violation in business activities
according to the business permits
1. A warning or a fine of between VND 500,000
and 1,000,000 shall be imposed on acts of self-writing additionally, erasing,
amending contents recorded in the business permit of goods and services being
limited from trading.
2. To impose fines of between VND 1,000,000 and
5,000,000 shall be imposed on one of violated acts as follows:
a) To lease, lend, mortgage, pledge, sell or
transfer the business licenses of goods or services which are limited from
trading;
b) To rent, borrow, receive the pledge, receive
the mortgage, purchase, receive the transfer of the business licenses of goods
or services which are limited from trading;
3. To impose fines of between VND 5,000,000 and
10,000,000 shall be imposed on one of violated acts as follows:
a) To use the business licenses of goods,
services being limited from trading of other entrepreneurs for business;
a) Doing business which does not comply with
scopes, objects, scales, time, areas, locations or categories of goods recorded
in the granted business licenses of goods or services being limited from
trading.
4. To impose fines of between VND 10,000,000
and 20,000,000 shall be imposed on one of violated acts as follows:
a) Trading in goods or services being limited
from trading without business licenses of goods or services being limited in
accordance with provisions;
b) Trading in goods or services being limited
from trading in when the granted business licenses of goods or services being
limited from trading in were expired;
5. A fine of between VND 20,000,000 and
30,000,000 shall be imposed on acts of continuing business activities when
competent state agencies suspended the business activities, deprived the use
rights or withdrawn the business licenses of trading in goods or services being
limited from trading.
6. A fine doubling the fine level specified in
between clause 1 and clause 5 of this Article for industrial producers or
traders doing distribution or wholesale of products being wines, tobaccos and
material tobaccos, who committed administrative violations.
7. Additional penalties:
To deprive the use rights of the business
licenses of trading in goods or services being limited from trading for between
01 and 03 months for violated acts specified in point b, clause 3 of this
Article shall be imposed in cases of repeated violations or recidivism.
Article 8. Acts of violations in business
activities according to the certificates on satisfaction of business
conditions, the practice certificates
1. A warning or a fine of between VND 500,000
and 1,000,000 shall be imposed on acts of self-writing additionally, erasing,
amending contents recorded in the certificates on satisfaction of business
conditions for goods and services subject to conditional business or the
practice certificates.
2. A fine of between VND 1,000,000 and
3,000,000 shall be imposed on one of violated acts as follows:
a) To rent, lend, pledge, mortgage, sell or
transfer the certificates on satisfaction of business conditions for goods,
services subject to conditional business or the practice certificates;
b) To lease, borrow, take the pledge, take the
mortgage, purchase or transfer the certificates on satisfaction of business
conditions for goods, services subject to conditional business or the practice
certificates;
3. To impose fines of between VND 3,000,000 and
5,000,000 for one of violated acts as follows:
a) To use the certificates on satisfaction of
business conditions for goods, services subject to conditional business or the
practice certificates of others in order to do business in goods or services of
conditional business.
b) To do business which does not comply with
contents recorded in the granted certificates on satisfaction of business
conditions or the practice certificates.
4. To impose fines of between VND 5,000,000 and
10,000,000 for one of violated acts as follows:
a) To do business in goods or services subject
to conditional business without having certificates on satisfaction of business
conditions or the practice certificates in accordance with provisions;
b) To do business in goods or services subject
to conditional business when the certificates on satisfaction of business
conditions or the practice certificates were expired.
5. A fine of between VND 10,000,000 and
15,000,000 shall be imposed on acts of continuing business activities when
competent state agencies suspended the business activities, deprived the use
rights or withdrew the certificates on satisfaction of business conditions or
the practice certificates.
6. Additional penalties:
To deprive the use rights of the certificate of
eligibility for business, practice certificate for between 01 month and 03
months for violated acts specified in point b, clause 3 of this Article in
cases of repeated violations or recidivism.
SECTION 2. ACTS OF TRADING IN BANNED SERVICES,
PRODUCTION AND TRADE OF FORGED GOODS OR BANNED GOODS
Article 9. Acts of trading in banned services
1. A fine of between VND 30,000,000 and
40,000,000 shall be imposed on acts of trading in services under the list of
banned services.
2. Additional penalties:
a) Confiscate material evidence, means of
violations for violations committed provisions of clause 1 of this Article;
b) Deprive the use rights of the business
licenses, the certificates of satisfaction of business conditions or the
practice certificates between 03 and 06 months for violated acts specified in
clause 1 of this Article;
c) Deprive the use rights of the business
licenses, the certificates of satisfaction of business conditions or the
practice certificates between 06 and 12 months for violated acts specified in
clause 1 of this Article in cases of repeated violations or recidivism.
3. Remedial measures:
Force to submit illegal benefits gained from
conducting violated acts specified in clause 1 of this Article.
Article 10. Acts of production of or trading in
banned goods
1. For acts of trading in banned goods
specified in clause 6 of Article 3 of this Decree, the fine level shall be as
follows:
a) A warning or a fine of between VND 500,000
and 1,000,000 shall be imposed in cases of banned goods valued under VND
1,000,000;
b) A fine of between VND 1,000,000 and
3,000,000 shall be imposed in cases of banned goods valued between VND
1,000,000 and 3,000,000;
c) A fine of between VND 3,000,000 and
5,000,000 shall be imposed in cases of banned goods valued between VND
3,000,000 and 5,000,000;
d) A fine of between VND 5,000,000 and
10,000,000 shall be imposed in cases of banned goods valued between VND
5,000,000 and 10,000,000;
dd) A fine of between VND 10,000,000 and 20,000,000
shall be imposed in cases of banned goods valued between VND 10,000,000 and
20,000,000;
e) A fine of between VND 20,000,000 and
30,000,000 shall be imposed in cases of banned goods valued between VND
20,000,000 and below 30,000,000;
g) A fine of between VND 30,000,000 and
50,000,000 shall be imposed in cases of banned goods valued between VND
30,000,000 and 50,000,000;
h) A fine of between VND 50,000,000 and
70,000,000 shall be imposed in cases of banned goods valued between VND
50,000,000 and 70,000,000;
i) A fine of between VND 70,000,000 and
100,000,000 shall be imposed in cases of banned goods valued between VND
70,000,000 and 100,000,000;
k) A fine of VND 100,000,000 shall be imposed
in cases of banned goods having values of from VND 100,000,000 and above
without being subject to penal liability examination.
2. A fine doubling the fine level specified in
clause 1 of this Article shall be imposed on acts of producing banned goods.
3. The fine levels specified in clause 1 of
this Article shall also be applied with administrative sanction for:
a) Owners of transport means or driver of
transport means having acts of transporting banned goods;
b) Owners of warehouses, yards or residential
houses having acts of storing banned goods;
c) Persons who have acts of forwarding banned
goods.
4. Additional penalties:
a) To confiscate material evidence shall be
imposed on acts of violations specified in this Article;
b) To confiscate means being tools, machines
and other articles used for production of banned goods for acts of violations
specified in clause 2 of this Article;
c) To confiscate transport means being used for
transporting banned goods shall be imposed on acts of violations specified in
this Article in cases of banned goods having values of from VND 70,000,000 and
above or repeated violations or recidivism;
d) To deprive the use rights of the business
licenses or the practice certificates between 01 and 03 months for violated
acts specified in this Article in cases of repeated violations or recidivism;
dd) To suspend a part or all production
activities of violations between 03 months and 06 months for acts of violations
specified in clause 2 of this Article in cases of repeated violations or
recidivism;
5. Remedial measures:
a) Forcing to destroy material evidence being
goods or articles which caused harms to human health, domestic animals,
cultivated crops, environment, toys which are harmful to education of
characters and to children’s health and harmful cultural articles for acts of
violations specified in this Articles;
b) Forcing submission of illegal benefits which
were gained from conducting violated acts specified in this Article;
c) Forcing recall and destruction of banned
goods which are being circulated in the market for acts of violations specified
in this Article.
Article 11. Acts of trading in forged goods
which have no use value or utility
1. Acts of trading forged goods having no use
value or utility specified in points a, b, c and d of clause 8 of Article 3 of
this Decree, the fine level shall be as follows:
a) A fine of between VND 500,000 and
100,000,000 shall be imposed in cases of the forged goods equivalent to
quantity of the actual goods valued less than VND 1,000,000;
b) A fine of between VND 1,000,000 and
300,000,000 shall be imposed in cases of the forged goods equivalent to
quantity of the actual goods valued between VND 1,000,000 and less than
3,000,000;
c) A fine of between VND 3,000,000 and
5,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between VND 3,000,000 and less than 5,000,000;
d) A fine of between VND 5,000,000 and
10,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between VND 5,000,000 and less than 10,000,000;
dd) A fine of between VND 10,000,000 and
20,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between Vietnam 10,000,000 and less than 20,000,000;
e) A fine of between VND 20,000,000 and
30,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between Vietnam 20,000,000 and less than 30,000,000;
g) A fine of between VND 30,000,000 and
50,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued VND 30,000,000 and more without being subject to
penal liability examination.
2. A fine doubling the fine level specified in
clause 1 of this Article for cases of importing forged goods or forged goods
under one of following cases:
a) Being foodstuffs, foods, medicines for
treating diseases, medicines for preventing diseases for humans without being
subject to penal liability examination.
b) Being animal feeds, fertilizers, veterinary
medicines, insecticides, plant varieties, livestock breeds without being
subject to penal liability examination.
c) Being foodstuff additives, food processing
enhancers, preservative substances for foodstuffs, functional foodstuffs,
cosmetics, detergents, insecticides, medical equipment, cement, construction
steels, helmets.
3. Additional penalties:
a) To confiscate material evidence for acts of
violations specified in this Article;
b) To deprive the use rights of the business
licenses or the practice certificates between 06 and 12 months for violated
acts specified in this Article in cases of repeated violations or recidivism;
4. Remedial measures:
a) Forging the destruction of material evidence
for acts of violations specified in this Article;
b) Forging the removal out of the territory of
Vietnam or re-export of forged goods for acts of importing forged goods
specified in this Article;
c) Forcing the submission of illegal benefits
which were gained from conducting violated acts specified in this Article;
d) Forcing the recall and destruction of banned
goods which are being circulated in the market for acts of violations specified
in this Article.
Article 12. Acts of producing forged goods
which have no use value use or utility
1. For acts of producing forged goods which
have no use value or utility specified in points a, b, c and d of clause 8 of
Article 3 of this Decree, the fine level shall be as follows:
a) A fine of between VND 3,000,000 and
7,000,000 shall be imposed in cases of the forged goods have similar quantities
with the actual goods valued less than VND 3,000,000;
b) A fine of between VND 7,000,000 and
10,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between VND 3,000,000 and less than 5,000,000;
c) A fine of between VND 10,000,000 and
20,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between VND 5,000,000 and less than 10,000,000;
d) A fine of between VND 20,000,000 and
30,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between VND 10,000,000 and less than 20,000,000;
dd) A fine of between VND 30,000,000 and
40,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between Vietnam 20,000,000 and less than 30,000,000;
e) A fine of between VND 40,000,000 and
60,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued VND 30,000,000 and more, without being subject to
penal liability examination.
2. A fine doubling the fine level specified in
clause 1 of this Article with one of cases of forged goods as follows:
a) Being foodstuffs, foods, medicines for
treating diseases, medicines for preventing diseases for humans, without being
subject to penal liability examination.
b) Being animal feeds, fertilizers, veterinary
medicines, insecticides, plant varieties, livestock breeds without being
subject to penal liability examination.
c) Being foodstuff additives, food processing
enhancers, preservative substances for foodstuffs, functional foodstuffs,
cosmetics, detergents, insecticides, medical equipment, cement, construction
steels, helmets.
3. Additional penalties:
a) To confiscate material evidence for acts of
violations specified in this Article;
b) To confiscate means being tools, machines
and other articles used for production of banned goods for acts of violations
specified in this Article;
b) To deprive the use rights of the business
licenses or the practice certificates between 12 and 24 months for violated
acts specified in this Article shall be imposed in cases of repeated violations
or recidivism;
d) To suspend a part or all violated production
activities between 12 months and 24 months for acts of violations specified in
this Article.
4. Remedial measures:
a) Forging the destruction of material evidence
for acts of violations specified in this Article;
b) Forcing submission of illegal benefits which
were gained from conducting violated acts specified in this Article;
d) Forcing the destruction of banned goods
which are being circulated in the market for acts of violations specified in
this Article.
Article 13. Acts of trading forged goods in
term of goods labels or goods packing
1. Acts of trading in forged goods in term of goods
labels or goods packing specified in points dd and e of clause 8 of Article 3
of this Decree, the fine level shall be as follows:
a) A fine of between VND 200,000 and 500,000
shall be imposed in cases of the forged goods have similar quantities with the
actual goods valued less than VND 1,000,000;
b) A fine of between VND 500,000 and 2,000,000
shall be imposed in cases of the forged goods equivalent to quantity of the
actual goods valued between VND 1,000,000 and less than 3,000,000;
c) A fine of between VND 2,000,000 and
3,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between VND 3,000,000 and less than 5,000,000;
d) A fine of between VND 3,000,000 and
5,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between VND 5,000,000 and less than 10,000,000;
dd) A fine of between VND 5,000,000 and
10,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between Vietnam 10,000,000 and less than 20,000,000;
e) A fine of between VND 10,000,000 and
20,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between Vietnam 20,000,000 and less than 30,000,000;
g) A fine of between VND 20,000,000 and
30,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued VND 30,000,000 and more, without being subject to
penal liability examination.
2. A fine doubling the fine level specified in
clause 1 of this Article for cases of importing forged goods or forged goods
under one of following cases:
a) Being foodstuffs, foods, medicines for
treating diseases, medicines for preventing diseases for humans, without being
subject to penal liability examination.
b) Being animal feeds, fertilizers, veterinary
medicines, insecticides, plant varieties, livestock breeds without being
subject to penal liability examination.
c) Being foodstuff additives, food processing
enhancers, preservative substances for foodstuffs, functional foodstuffs,
cosmetics, detergents, insecticides, medical equipment, cement, construction
steels, helmets.
3. Additional penalties:
a) To confiscate material evidence for acts of
violations specified in this Article;
b) To deprive the use rights of the business
licenses or the practice certificates between 01 and 03 months for violated
acts specified in this Article in cases of repeated violations or recidivism;
4. Remedial measures:
a) Forging the elimination of violated factors
on labels or goods packing for violated acts specified in this Article;
b) Forging the removal out of the territory of
Vietnam or re-export of the forged goods for acts of importing forged goods
specified in this Article;
c) Forcing the submission of illegal benefits
which were gained from conducting violated acts specified in this Article;
d) Forging the recall and withdrawal of forged
factors on labels or packing of the forged goods being circulated in the market
for violated acts specified in this Article.
Article 14. Acts of producing forged goods in
term of goods labels or goods packing
1. Acts of producing forged goods in term of
goods labels or goods packing specified in points dd and e of clause 8 of
Article 3 of this Decree, the fine level shall be as follows:
a) A fine of between VND 2,000,000 and
5,000,000 in cases of the forged goods equivalent to quantity of the actual
goods valued less than VND 3,000,000;
b) A fine of between VND 5,000,000 and
8,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between VND 3,000,000 and less than 5,000,000;
c) A fine of between VND 8,000,000 and
15,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between VND 5,000,000 and less than 10,000,000;
d) A fine of between VND 15,000,000 and
25,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between VND 10,000,000 and less than 20,000,000;
dd) A fine of between VND 25,000,000 and
35,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued between Vietnam 20,000,000 and less than 30,000,000;
e) A fine of between VND 35,000,000 and
45,000,000 shall be imposed in cases of the forged goods equivalent to quantity
of the actual goods valued VND 30,000,000 and more, without being subject to
penal liability examination.
2. A fine doubling the fine level specified in
clause 1 of this Article with one of cases of forged goods as follows:
a) Being foodstuffs, foods, medicines for
treating diseases, medicines for preventing diseases for humans, without being
subject to penal liability examination;
b) Being animal feeds, fertilizers, veterinary
medicines, insecticides, plant varieties, livestock breeds without being
subject to penal liability examination;
c) Being foodstuff additives, the food
processing enhancers, preservative substances for foodstuffs, functional
foodstuffs, cosmetics, detergents, insecticides, medical equipment, cement,
construction steels, helmets.
3. Additional penalties:
a) To confiscate material evidence for acts of
violations specified in this Article;
b) To confiscate means being tools, machines
and other articles used for production of banned goods for acts of violations
specified in this Article;
c) To deprive the use rights of the business
licenses or the practice certificates between 03 and 06 months for violated
acts specified in this Article in cases of repeated violations or recidivism;
d) To suspend a part or all violated production
activities between 03 months and 06 months for acts of violations specified in
this Article.
4. Remedial measures:
a) Forging the elimination of violated factors
on labels or goods packing for violated acts specified in this Article;
b) Forcing submission of illegal benefits which
were gained from conducting violated acts specified in this Article;
c) Forging the withdrawal and elimination of
the infringing factors on labels or packing of the forged goods being circulated
in the market for the violated acts specified in this Article.
Article 15. Acts of trading forged stamps,
labels or packing
1. Acts of trading in forged stamps, labels or
packing specified in point h of clause 8 of Article 3 of this Decree, the fine
level shall be as follows:
a) A fine of between Vietnam 200,000 and
300,000 shall be imposed in cases of the forged stamps, labels or packing with
a quantity of less than 100 units or similar counting units (below collectively
referred to as unit);
b) A fine of between VND 300,000 and 500,000
shall be imposed in cases of the forged stamps, labels or packing with a
quantity of between 100 units and less than 500 units;
b) A fine of between VND 500,000 and 1,000,000
shall be imposed in cases of the forged stamps, labels or packing with a
quantity of between 500 units and less than 1,000 units;
b) A fine of between VND 1,000,000 and
2,000,000 shall be imposed in cases of the forged stamps, labels or packing
with a quantity of between 1,000 units and less than 2,000 units;
dd) A fine of between VND 2,000,000 and
5,000,000 shall be imposed in cases of the forged stamps, labels or packing
with a quantity of between 2,000 units and less than 3,000 units;
e) A fine of between VND 5,000,000 and
10,000,000 shall be imposed in cases of the forged stamps, labels or packing
with a quantity of between 3,000 units and less than 5,000 units;
g) A fine of between VND 10,000,000 and
15,000,000 shall be imposed in cases of the forged stamps, labels or packing
with a quantity of between 5,000 units and less than 10,000 units;
h) A fine of between VND 15,000,000 and
20,000,000 shall be imposed in cases of the forged stamps, labels or packing
with a quantity of 10,000 units and more;
2. A fine doubling the fine level specified in
clause 1 of this Article for one of following cases:
a) Acts of importing forged stamps, labels or
packing;
b) The forged stamps, labels or packing of
foods, foodstuffs, foodstuff additives, the foodstuff processing enhancers,
preservative substances, functional foodstuffs, medicines for preventing
diseases, medicines for treating diseases of humans, cosmetics, detergents,
insecticides, medical equipment, animal feeds, fertilizers, veterinary
medicines, plant protection medicines, plant varieties, livestock feeds,
cements, construction steels and irons, helmets.
3. Additional penalties:
a) To confiscate material evidence for acts of
violations specified in this Article;
b) To deprive the use rights of the business
licenses or the practice certificates for between 01 and 03 months for violated
acts specified in this Article in cases of repeated violations or recidivism;
4. Remedial measures:
a) Forging the destruction of the forged
stamps, labels or packing for acts of violations specified in this Article;
b) Forging the removal out of the territory of
Vietnam or re-export of the material evidence for acts of importing forged
stamps, labels or packing specified in this Article;
c) Forcing the submission of illegal benefits
which were gained from conducting violated acts specified in this Article;
d) Forging the recall and destruction of forged
stamps, labels or packing being circulated in the market for the violated acts
specified in this Article.
Article 16. Acts of producing forged stamps,
labels or packing
1. Acts of producing forged stamps, labels or
packing specified in point h, clause 8 of Article 3 of this Decree, the fine
levels shall be as follows:
a) A fine of between Vietnam 200,000 and
300,000 shall be imposed in cases of the forged stamps, labels or packing with
a quantity of less than 100 units, pieces or sheets or similar counting units
(below collectively referred to as unit);
b) A fine of between VND 300,000 and 500,000
shall be imposed in cases of the forged stamps, labels or packing with a quantity
of between 100 units and less than 500 units;
c) A fine of between VND 500,000 and 1,000,000
shall be imposed in cases of the forged stamps, labels or packing with a
quantity of between 500 units and less than 1,000 units;
d) A fine of between VND 1,000,000 and
2,000,000 shall be imposed in cases of the forged stamps, labels or packing
with a quantity of between 1,000 units and less than 2,000 units;
dd) A fine of between VND 2,000,000 and
5,000,000 shall be imposed in cases of the forged stamps, labels or packing
with a quantity of between 2,000 units and less than 3,000 units;
e) A fine of between VND 5,000,000 and
10,000,000 shall be imposed in cases of the forged stamps, labels or packing
with a quantity of between 3,000 units and less than 5,000 units;
g) A fine of between VND 10,000,000 and
15,000,000 shall be imposed in cases of the forged stamps, labels or packing
with a quantity of between 5,000 units and less than 10,000 units;
h) A fine of between VND 15,000,000 and
20,000,000 shall be imposed in cases of the forged stamps, labels or packing
with a quantity of 10,000 units and more;
2. A fine doubling the fine level specified in
clause 1 of this Article for one of the following cases:
a) The forged stamps, labels or packing of
foods, foodstuffs, foodstuff additives, the foodstuff processing enhancers,
preservative substances, functional foodstuffs, medicines for treating diseases
of humans, cosmetics, medical equipment and helmets;
b) The forged stamps, labels or packing of
detergents, insecticides, animal feeds, fertilizers, veterinary medicines,
pesticides, plant varieties, livestock feeds, cement, construction iron and
steel.
3. Additional penalties:
a) To confiscate material evidence for acts of
violations specified in this Article;
b) To confiscate means being tools, machines
and other articles used for production of the forged stamps, labels or packing
for acts of violations specified in this Article;
c) To deprive the use rights of the business
licenses or the practice certificates for between 03 and 06 months for violated
acts specified in this Article in cases of repeated violations or recidivism;
d) To suspend a part or all violated production
activities for between 03 months and 06 months for acts of violations specified
in this Article.
4. Remedial measures:
a) Forging the destruction of the forged
stamps, labels or packing for acts of violations specified in this Article;
b) Forcing submission of illegal benefits which
were gained from conducting violated acts specified in this Article;
c) Forging the recall and destruction of forged
stamps, labels or packing being circulated in the market for the violated acts
specified in this Article.
SECTION 3. ACTS OF TRADING IN
ILLEGALLY-IMPORTED GOODS, GOODS CIRCULATED IN DOMESTIC MARKETS BEING IMPOSED
WITH EMERGENCY MEASURES, GOODS OR SERVICES SUBJECT TO RESTRICTED BUSINESS OR
CONDITIONAL BUSINESS, GOODS BEING EXPIRED, GOODS HAVING NO SOURCES OR ORIGINS
AND OTHER VIOLATIONS;
Article 17. Acts of trading in
illegally-imported goods
1. For acts of trading in illegally-imported
goods, the fine levels shall be as follows:
a) A warning or a fine of between VND 200,000
and 400,000 shall be imposed in cases of illegally-imported goods valued under
VND 1,000,000;
b) A fine of between VND 400,000 and 600,000
shall be imposed in cases of illegally-imported goods valued between VND
1,000,000 and less than 3,000,000;
c) A fine of between VND 600,000 and 1,000,000
shall be imposed in cases of illegally-imported goods valued between VND
3,000,000 and less than 5,000,000;
d) A fine of between VND 1,000,000 and
3,000,000 shall be imposed in cases of illegally-imported goods valued between
VND 5,000,000 and less than 10,000,000;
dd) A fine of between VND 3,000,000 and
5,000,000 shall be imposed in cases of illegally-imported goods valued between
VND 10,000,000 and less than 20,000,000;
e) A fine of between VND 5,000,000 and
10,000,000 shall be imposed in cases of illegally-imported goods valued between
VND 20,000,000 and less than 30,000,000;
g) A fine of between VND 10,000,000 and
20,000,000 shall be imposed in cases of illegally-imported goods valued between
VND 30,000,000 and less than 50,000,000;
h) A fine of between VND 20,000,000 and
30,000,000 shall be imposed in cases of illegally-imported goods valued between
VND 50,000,000 and less than 70,000,000;
i) A fine of between VND 30,000,000 and
40,000,000 shall be imposed in cases of illegally-imported goods valued between
VND 70,000,000 and less than 100,000,000;
k) A fine of between VND 40,000,000 and
50,000,000 shall be imposed in cases of illegally-imported goods valued VND
100,000,000 and more;
2. A fine doubling the fine level specified in
clause 1 of this Article with one of cases as follows:
a) Violators who directly imported goods valued
under VND 100,000,000 or from VND 100,000,000 and above, without being penal
liability examination.
b) The illegally-imported goods under the list
of import banning or import suspension.
3. The fine levels specified in clause 1 of
this Article shall also be applied with administrative sanction for:
a) Owners of transport means, or drivers of
transport means, who have intentional acts of transporting the
illegally-imported goods;
b) Owners of warehouses, yards, residential
houses who have intentional acts of storing the illegally-imported goods;
c) Persons who have intentional acts of
forwarding the illegally-imported goods.
4. Additional penalties:
a) To confiscate material evidence for acts of
violations specified in this Article;
b) To confiscate transport means for acts of violations
specified in this Article, in cases of material evidence valued from VND
100,000,000 and above or repeated violations or recidivism;
5. Remedial measures:
Forcing the destruction of goods or articles
which are harmful to human health, domestic animals, cultivated crops,
environment, toys which are harmful to education of characters and children
health and harmful cultural articles shall be imposed on acts of violations
specified in this Articles;
Article 18. Acts of violations in trading goods
which are imposed with emergency measures
1. A warning or a fine of between VND 200,000
and 400,000 shall be imposed on one of following violated acts in cases the
violated goods valued less than VND 1,000,000:
a) Trading in goods which were imposed with
conditional circulation measures by competent state agencies, but did not
assure conditions or which must have licenses but had no license according to
provisions;
b) Trading in categories of goods which were
imposed with emergency measures of forging withdrawal or suspension of
circulation by competent state agencies.
2. A fine of between VND 400,000 and 600,000
for violated acts specified in clause 1 of this Article in case of the violated
goods valued between VND 1,000,000 and less than 2,000,000.
3. A fine of between VND 600,000 and 1,000,000
for violated acts specified in clause 1 of this Article in case of the violated
goods valued between VND 2,000,000 and less than 5,000,000.
4. A fine of between VND 1,000,000 and
3,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued between VND 5,000,000 and less than 10,000,000.
5. A fine of between VND 3,000,000 and
5,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued between VND 10,000,000 and less than 20,000,000.
6. A fine of between VND 5,000,000 and
10,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued between VND 20,000,000 and less than 30,000,000.
7. A fine of between VND 10,000,000 and
15,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued between VND 30,000,000 and less than 50,000,000.
8. A fine of between VND 15,000,000 and
20,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued between VND 50,000,000 and less than 70,000,000.
9. A fine of between VND 20,000,000 and
30,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued between VND 70,000,000 and less than 100,000,000.
10. A fine of between VND 30,000,000 and
50,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued VND 100,000,000 and above.
11. A fine doubling the fine level specified in
between clause 1 and clause 10 of this Article, for producers, importers
committing acts of administrative violations.
12. For acts of trading goods which have been
imposed with emergency measures of circulation banning by competent state agencies,
the administrative penalties shall comply with provisions of Article 10 of this
Decree.
13. Additional penalties:
To confiscate material evidence for acts of
violations specified in this Article.
14. Remedial measures:
a) Forcing the destruction of goods or articles
which are harmful to human health, domestic animals, cultivated crops,
environment, toys which are harmful to character education and children health
and harmful cultural articles, for acts of violations specified in this
Articles;
b) Forcing the recall of violated goods which
are being circulated in the market for acts of violations specified in this
Article.
Article 19. Acts of violations on conditions of
trading goods or services subject to restricted business
1. To impose fines of between VND 1,000,000 and
3,000,000 for one of violated acts as follows:
a) Managerial cadres, technical cadres, staffs
who directly purchase goods, staffs who directly conduct services, fail to
assure one of requirements on specialized and professional qualifications or
vocational experiences according to provisions;
b) Persons who directly purchase goods or
directly conduct services fail to ensure health according to provisions.
2. To impose fines of between VND 3,000,000 and
5,000,000 for one of violated acts as follows:
a) The trading establishments fail to ensure
one of requirements on engineering, equipment, trading process and other
criteria according to provisions;
b) Not to conduct or conduct improperly,
incompletely conditions of trading goods or services subject to restricted
business during the process of business operation according to provisions;
c) Not to conduct periodic reports according to
provisions.
3. A fine doubling the fine level specified in
between clause 1 and clause 2 of this Article, for producers, importers
committing acts of administrative violations.
4. For acts which violate provisions on
conditions for trading wine and tobacco, provisions in Sections 4 and 5,
Chapter II of this Decree shall be applied to impose administrative penalties.
5. Additional penalties:
To deprive the use rights of the business
licenses or the practice certificates for between 01 and 03 months for violated
acts specified in between clause 1 and clause 3 of this Article in cases of
repeated violations or recidivism;
Article 20. Acts of violations on conditions of
trading goods or services subject to conditional business
1. To impose a warning or fine of between VND
500,000 and 1,000,000 for one of violated acts as follows:
a) Managerial cadres, technical cadres, staffs
who directly purchase or sale goods, staffs who directly conduct services fail
to ensure requirements on professional and specialized qualifications or
vocational experiences according to provisions;
b) Persons who directly purchase goods or persons
who directly conduct services fail to ensure health according to provisions.
2. To impose fines of between VND 1,000,000 and
3,000,000 for one of violated acts as follows:
a) The trading establishments do not assure one
of requirements on engineering, equipment, trading process and other criteria
according to provisions;
b) Not to conduct or conduct improperly,
incompletely conditions of trading goods or services subject to conditional
business during the process of business operation according to provisions;
c) Not to conduct periodic reports according to
provisions.
3. To impose fines of between VND 3,000,000 and
5,000,000 for acts of trading goods or services subject to conditional
business, failing to ensure conditions of circulation according to provisions.
4. A fine doubling the fine level specified in
between clause 1 and clause 3 of this Article, for producers, importers
committing acts of administrative violations.
5. Additional penalties:
a) To confiscate material evidence, means of
violations for violated acts committing provisions of clause 3 of this Article;
b) To deprive the use rights of the business
licenses or the practice certificates between 01 and 03 months for violated
acts specified in this Article in cases of repeated violations or recidivism;
6. Remedial measures:
a) Forging the destruction of violated goods,
for violated acts specified in clause 3 of this Article;
b) Forging the withdrawal and destruction of
violated goods being circulated in the market, for violated acts specified in
clause 3 of this Article.
Article 21. Violated acts in trading goods
which are expired, unidentified origins or sources and other violations
1. A warning or a fine of between VND 200,000
and 400,000 for one of following violated acts shall be imposed in cases the
violated goods valued less than VND 1,000,000:
a) Trading goods which are out of period stated
on labels of goods or packing of goods, except pesticides;
b) Swapping, changing labels of goods, packing
of goods or erasing, correcting the period of use on labels of goods or packing
of goods, in order to prolong the period of use of goods;
c) Trading goods which are unidentified origins
or sources;
d) Trading goods with labels, labels of goods
having images or drawings, writings, signs, icons or other information which
are false, confusing on national sovereignty, historical traditions or
prejudicial to cultural characters, ethics, lifestyles, national solidarity,
social order and safety.
2. A fine of between VND 400,000 and 600,000
for violated acts specified in clause 1 of this Article in case of the violated
goods valued between VND 1,000,000 and less than 2,000,000.
3. A fine of between VND 600,000 and 1,000,000
for violated acts specified in clause 1 of this Article in case of the violated
goods valued between VND 2,000,000 and less than 3,000,000.
4. A fine of between VND 1,000,000 and
2,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued between VND 3,000,000 and less than 5,000,000.
5. A fine of between VND 2,000,000 and
3,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued between VND 5,000,000 and less than 10,000,000.
6. A fine of between VND 3,000,000 and
5,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued between VND 10,000,000 and less than 20,000,000.
7. A fine of between VND 5,000,000 and
7,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued between VND 20,000,000 and less than 30,000,000.
8. A fine of between VND 7,000,000 and
10,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued between VND 30,000,000 and less than 40,000,000.
9. A fine of between VND 10,000,000 and
15,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued between VND 40,000,000 and less than 50,000,000.
10. A fine of between VND 15,000,000 and
20,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued between VND 50,000,000 and less than 70,000,000.
11. A fine of between VND 20,000,000 and
30,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued between VND 70,000,000 and less than 100,000,000.
12. A fine of between VND 30,000,000 and
40,000,000 for violated acts specified in clause 1 of this Article in case of
the violated goods valued VND 100,000,000 and above.
13. A fine doubling the fine level specified in
between clause 1 and clause 12 of this Article, for producers, importers
committing acts of administrative violations or violated goods under one of
following cases:
a) Being foods, foodstuffs, foodstuff
additives, the foodstuff processing enhancers, preservative substances,
functional foodstuffs, medicines for preventing people from diseases, medicines
for treating diseases of people, functional foodstuff, cosmetics;
b) Being detergents, insecticides, veterinary
medicines, fertilizers, cements, animal feeds, pesticides, growth stimulants,
plant varieties, livestock feeds.
c) Being under the list of goods subject to
restricted business or conditional business.
14. Additional penalties:
a) To confiscate material evidence for acts of
violations specified in this Article;
b) To confiscate means being tools, machines
and other articles used for conducting acts of administrative violations, for
acts of violations specified in this Article;
15. Remedial measures:
a) Forging the destruction of violated goods,
for violated acts specified in this Article;
b) Forcing the destruction of violated goods
which are being circulated in the market, for acts of violations specified in
this Article;
c) Forcing the submission of illegal benefits
which were gained from conducting violated acts specified in this Article.
SECTION 4. ACTS OF VIOLATIONS ON PRODUCTION AND
TRADE OF TOBACCO
Article 22. Acts of violations on the
certificates of satisfaction of conditions for investment in growing
tobacco-plants
1. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on acts of self-writing, erasing, correcting
contents recorded in the certificates of satisfaction of conditions for
investment in growing tobacco-plants.
2. A fine of between VND 10,000,000 and 20,000,000
shall be imposed on acts of leasing, lending, transferring, selling and
purchasing the certificates of satisfaction of conditions for investment in
growing tobacco-plants.
3. A fine of between VND 20,000,000 and
30,000,000 shall be imposed on acts of investing in growing tobacco-plants
without the certificates of satisfaction of conditions on investment in growing
tobacco-plants or after the certificates of satisfaction of conditions on
investment in growing tobacco-plants are no longer valid.
4. Additional penalties:
To deprive the use rights of the certificates
of satisfaction of conditions for investment in growing tobacco-plants, from 06
to 12 months, for violated acts specified clause 2 of this Article, in cases of
repeated violations or recidivism.
Article 23. Acts of violations on conditions
for investment in growing tobacco-plants and trading tobacco materials
1. To impose fines of between VND 1,000,000 and
2,000,000 for one of violated acts as follows:
a) Not to publicly list down criteria in classifying
tobacco materials which are accompanied with the leaf samples of tobacco
materials at the purchasing stations of tobacco materials according to
provisions;
b) Not to have the investment contracts of
growing tobacco-plants with the growers of tobacco or the contracts of purchase
and sale of materials with enterprises investing in growing tobacco-plants are
inappropriate to the business scales according to provisions;
c) Not to register or register improperly the
area of growing tobacco materials with local government according to
provisions;
d) Not to have contracts on entrusted import of
tobacco materials with enterprises producing tobacco, enterprises processing
tobacco materials or contracts of export of tobacco materials with enterprises
which fully meet conditions for investment in growing tobacco-plants,
enterprises processing tobacco materials.
2. A fine of between VND 2,000,000 and
5,000,000 shall be imposed on acts of using varieties of tobacco-plants which
do not comply with legal provisions on management of varieties.
3. A fine of between VND 5,000,000 and
10,000,000 for one of violated acts as follows:
a) Invest in development of areas for growing
tobacco-plants which are inappropriate to the approved planning of competent
state agencies;
b) Not satisfy conditions on facilities,
technical equipment during the process of business operation according to
provisions;
c) Purchase or sell tobacco materials with
individuals, organizations that do not satisfy conditions on purchasing and
selling tobacco materials, according to provisions.
4. Additional penalties:
a) To confiscate material evidence for acts of
violations specified in point c, clause 3 of this Article;
b) To deprive the use rights of the business
licenses for tobacco materials or the licenses for processing tobacco
materials, for between 03 and 06 months, for violated acts specified in clause
3 of this Article, in cases of repeated violations or recidivism.
Article 24. Acts of violations on conditions
for selling and purchasing tobacco products
1. A fine of between VND 1,000,000 and
5,000,000 shall be imposed on acts of not conducting or conducting improperly
conditions on business locations, facilities and organization of distribution
systems of the tobacco retail agents, according to provisions.
2. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on acts of not conducting or conducting improperly
conditions on business locations, facilities and organization of distribution
systems and financial capacity of the tobacco wholesale agencies, according to
provisions.
3. Additional penalties:
To deprive the use rights of the business
licenses, for between 01 and 03 months, for violated acts specified in this
Article in cases of repeated violations or recidivism;
Article 25. Acts of violations on trading
banned goods being illegally imported cigarettes
1. For acts of trading banned goods being
illegally-imported cigarettes, the fine levels shall be as follows:
a) A warning or fine of between VND 200,000 and
500,000, shall be imposed in cases of banned goods which are illegally imported
cigarettes having quantities of under 10 packs (1 pack = 20 cigarettes, for
other forms of illegally-imported finished tobacco being converted as 20g = 1
pack);
b) A fine of between VND 500,000 and 1,000,000,
shall be imposed in cases of banned goods which are illegally imported
cigarettes having quantities of between 10 packs and less than 20 packs;
c) A fine of between VND 1,000,000 and
3,000,000, shall be imposed in cases of banned goods which are illegally
imported cigarettes having quantities of between 20 packs and less than 50
packs;
d) A fine of between VND 3,000,000 and
5,000,000, shall be imposed in cases of banned goods which are illegally
imported cigarettes having quantities of between 50 packs and less than 100
packs;
dd) A fine of between VND 5,000,000 and
10,000,000, shall be imposed in cases of banned goods which are illegally
imported cigarettes having quantities of between 100 packs and less than 200
packs;
e) A fine of between VND 10,000,000 and
20,000,000, shall be imposed in cases of banned goods which are illegally
imported cigarettes having quantities of between 200 packs and less than 400
packs;
g) A fine of between VND 20,000,000 and
30,000,000, shall be imposed in cases of banned goods which are
illegally-imported cigarettes having quantities of between 400 packs and less
than 600 packs;
h) A fine of between VND 30,000,000 and
40,000,000, shall be imposed in cases of banned goods which are
illegally-imported cigarettes having quantities of between 600 packs and less
than 800 packs;
i) A fine of between VND 40,000,000 and
50,000,000, shall be imposed in cases of banned goods which are
illegally-imported cigarettes having quantities of between 600 packs and less
than 1,000 packs;
k) A fine of between VND 50,000,000 and
60,000,000, shall be imposed in cases of banned goods which are
illegally-imported cigarettes having quantities of between 600 packs and less
than 1,000 packs;
l) A fine of between VND 60,000,000 and
70,000,000, shall be imposed in cases of banned goods which are
illegally-imported cigarettes having quantities of between 1,000 packs and less
than 1,200 packs;
m) A fine of between VND 70,000,000 and
80,000,000, shall be imposed in cases of banned goods which are illegally-imported
cigarettes having quantities of between 1,200 packs and less than 1,400 packs;
n) A fine of between VND 80,000,000 and
90,000,000, shall be imposed in cases of banned goods which are
illegally-imported cigarettes having quantities of between 1,400 packs and less
than 1,500 packs;
o) A fine of between VND 90,000,000 and
100,000,000, shall be imposed in cases of banned goods which are
illegally-imported cigarettes having quantities of 1,500 packs and more,
without being penal liability examination.
2. The fine levels specified in clause 1 of
this Article shall also be applied with administrative sanction for:
a) Owners of transport means or drivers of
transport means, who have acts of transporting the banned goods being
illegally-imported cigarettes;
b) Owners of warehouses, yards, residential
houses who have acts of storing the banned goods being illegally-imported
cigarettes;
c) Persons who commit acts of forwarding banned
goods being illegally-imported cigarettes.
3. Additional penalties:
a) To confiscate material evidence for acts of
violations specified in this Article;
b) To confiscate transport means being used for
transporting banned goods being illegally-imported cigarettes, in cases of the
material evidence having quantities of 600 packs and more or the repeated
violations or recidivism specified in this Article;
c) To deprive the use rights of the tobacco
business licenses, for between 12 and 24 months, for violated acts specified in
clause 1 of this Article, in cases of repeated violations or recidivism;
Article 26. Acts of violations on trading the
illegally-imported tobacco materials
1. For acts of trading illegally-imported
tobacco materials (under forms of dried leaf, not stemmed, separate leaves,
leaves have been preliminary processed, stemmed or tobacco fibres, tobacco
sheets, tobacco stems and other alternative processed products being used for
production of other tobacco products which are converted to equal quantities),
the fine levels shall be as follows:
a) A fine of between VND 500,000 and 1,000,000
shall be imposed in cases of the violated goods with weight of less than 50 kg;
b) A fine of between VND 1,000,000 and
2,000,000 shall be imposed in case of the violated goods with weight of between
50 kg and under 70 kg;
c) A fine of between VND 2,000,000 and
4,000,000 shall be imposed in case of the violated goods with weight of between
70 kg and under 100 kg;
d) A fine of between VND 4,000,000 and
6,000,000 shall be imposed in case of the violated goods with weight of between
100 kg and under 200 kg;
dd) A fine of between VND 6,000,000 and
10,000,000 shall be imposed in case of the violated goods with weight of
between 200 kg and under 500 kg;
e) A fine of between VND 10,000,000 and
15,000,000 shall be imposed in case of the violated goods with weight of
between 500 kg and under 700 kg;
g) A fine of between VND 15,000,000 and
30,000,000 shall be imposed in case of the violated goods with weight of
between 700 kg and under 1,000 kg;
h) A fine of between VND 30,000,000 and
50,000,000 shall be imposed in case of the violated goods with weight of
between 1,000 kg and under 1,500 kg;
i) A fine of between VND 50,000,000 and
80,000,000 shall be imposed in case of the violated goods with weight of
between 1,500 kg and under 2,000 kg;
k) A fine of between VND 80,000,000 and
100,000,000 shall be imposed in case of the violated goods with weight of 2,000
kg and more;
2. A fine of VND 100,000,000 for violators who
directly conduct the illegal import of the illegally-imported tobacco materials
with weight of 2,000 kg and more, without being prosecuted criminal
liabilities.
3. Fine levels specified in clause 1 of this
Article shall be applied to sanction for:
a) Owners or drivers of transport means, who
have intentional acts of transporting illegally-imported tobacco materials;
b) Owners of warehouses, yards or residential
houses who have intentional acts of storing the illegally-imported tobacco
materials;
c) Persons who have intentional acts of
forwarding the illegally-imported tobacco materials.
4. Additional forms of penalties:
a) To confiscate the material evidence, for
violated acts specified in this Article;
b) To confiscate the transport means which were
used for transporting the illegally-imported tobacco materials, in cases of the
material evidence with weight of 1,000 kg and more or repeated violations or
recidivism for violations specified in this Article;
c) To deprive the use rights of the business
licenses of trading, processing tobacco materials, for between 12 month and 24
months, for violated acts specified in clause 1 and clause 2 of this Article,
in cases of repeated violations or recidivism.
5. Remedial measures:
Forcing the destruction of the
illegally-imported tobacco materials without quality assurance or plant
quarantine in accordance with provisions, for violated acts specified in this
Article.
Article 27. Acts of violations on importing
tobacco, cigarette papers and tobacco materials
1. A fine of between VND 20,000,000 and
30,000,000, for one of following violated acts:
a) To import tobacco without ensuring
requirements on foods safety and sanitary according to provisions;
b) To import tobacco without ensuring qualities
according to the registered qualities and criteria.
2. A fine of between VND 30,000,000 and
40,000,000, for one of following violated acts:
a) To import tobacco papers, tobacco materials
when having no import licenses according to provisions;
b) To import quantities of tobacco papers which
exceed the annually import norms already been notified;
c) To import tobacco with commercial purposes
which are improper to the brands being registered or protected in Vietnam.
3. Additional forms of penalties:
a) To confiscate the material evidence, for
violated acts specified in this Article;
b) To deprive the use rights of the licenses of
tobacco production or trade, for between 03 month and 06 months, for violated
acts specified in this Article, in cases of repeated violations or recidivism.
4. Remedial measures:
a) Forcing the removal out of the territory of
Vietnam or the re-export of the violated goods, for acts of violations
specified in this Article;
b) Forcing the destruction of the violated
goods, for acts of violations specified in clause 1 and point c, clause 2 of
this Article.
Article 28. Acts of violations on selling,
purchasing, transferring stamps or cigarette papers
1. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on acts of selling, purchasing or transferring
tobacco stamps illegally.
2. For acts of selling, purchasing,
transferring cigarette papers illegally, the fine levels shall be as follows:
a) A fine of between VND 10,000,000 and
20,000,000 shall be imposed in cases where the violated goods have a value of
less than VND 10,000,000;
b) A fine of between VND 20,000,000 and
30,000,000 shall be imposed in cases where the violated goods have a value of
between VND 10,000,000 and less than 20,000,000;
c) A fine of between VND 30,000,000 and
40,000,000 shall be imposed in cases where the violated goods have a value of
between VND 20,000,000 and less than 50,000,000;
d) A fine of between VND 40,000,000 and
50,000,000 shall be imposed in cases where the violated goods have a value of
between VND 50,000,000 and less than 100,000,000;
dd) A fine of between VND 50,000,000 and
60,000,000 shall be imposed in cases where the violated goods have a value of
VND 100,000,000 and above;
3. Additional forms of penalties:
a) To confiscate the material evidence, for
violated acts specified in clause 1 and 2 of this Article;
b) To deprive the use rights of the licenses of
tobacco production, for between 01 month and 03 months, for violated acts
specified in this Article, in cases of repeated violations or recidivism.
Article 29. Acts of violation on the import
stamps for the imported tobacco
1. For acts of failing to stick the import
stamps on the imported tobacco for commercial purposes according to provisions,
the fine levels shall be as follows:
a) A fine of between VND 2,000,000 and
5,000,000 shall be imposed in cases where the violated goods have a value of
less than VND 10,000,000;
b) A fine of between VND 5,000,000 and
10,000,000 shall be imposed in cases where the violated goods have a value of
between VND 10,000,000 and less than 20,000,000;
c) A fine of between VND 10,000,000 and
15,000,000 shall be imposed in cases where the violated goods have a value of
between VND 20,000,000 and less than 30,000,000;
d) A fine of between VND 15,000,000 and
20,000,000 shall be imposed in cases where the violated goods have a value of
between VND 30,000,000 and less than 40,000,000;
dd) A fine of between VND 20,000,000 and
25,000,000 shall be imposed in cases where the violated goods have a value of
between VND 40,000,000 and less than 50,000,000;
e) A fine of between VND 25,000,000 and
30,000,000 shall be imposed in cases where the violated goods have a value of
between VND 50,000,000 and less than 60,000,000;
g) A fine of between VND 30,000,000 and
35,000,000 shall be imposed in cases where the violated goods have a value of
between VND 60,000,000 and less than 70,000,000;
h) A fine of between VND 35,000,000 and
40,000,000 shall be imposed in cases where the violated goods have a value of
between VND 70,000,000 and less than 80,000,000;
i) A fine of between VND 40,000,000 and
50,000,000 shall be imposed in cases where the violated goods have a value of
between VND 80,000,000 and less than 100,000,000;
k) A fine of between VND 50,000,000 and
70,000,000 shall be imposed in cases where the violated goods have a value of
VND 100,000,000 and above;
2. Additional forms of penalties:
a) To confiscate the material evidence, for
violated acts specified in this Article;
c) To deprive the use rights of the licenses
for tobacco business, for between 03 months and 06 months, for violated acts
specified in between point b and point k, clause 1 of this Article, in cases of
repeated violations or recidivism.
Article 30. Acts of violations on stamping for
domestically-consumed tobacco
1. For acts of trading domestically-produced
tobacco and not stamping for domestically-consumed tobacco according to
provisions, the fine levels shall be as follows:
a) A warning or a fine of between VND 200,000
and 500,000, in case where the violated goods has a value of under VND
1,000,000;
b) A fine of between VND 500,000 and 1,000,000
in case where the violated goods has a value of between VND 1,000,000 and under
2,000,000;
c) A fine of between VND 1,000,000 and
2,000,000 in case where the violated goods has a value of between VND 2,000,000
and under 5,000,000;
d) A fine of between VND 2,000,000 and
3,000,000 in case where the violated goods has a value of between VND 5,000,000
and under 10,000,000;
dd) A fine of between VND 3,000,000 and
5,000,000 in case where the violated goods has a value of between VND
10,000,000 and under 20,000,000;
e) A fine of between VND 5,000,000 and
7,000,000 in case where the violated goods has a value of between VND
20,000,000 and under 30,000,000;
g) A fine of between VND 7,000,000 and
10,000,000 in case where the violated goods has a value of between VND
30,000,000 and under 40,000,000;
h) A fine of between VND 10,000,000 and
13,000,000 in case where the violated goods has a value of between VND
40,000,000 and under 50,000,000;
i) A fine of between VND 13,000,000 and
15,000,000 in case where the violated goods has a value of between VND
50,000,000 and under 60,000,000;
k) A fine of between VND 15,000,000 and
20,000,000 in case where the violated goods has a value of between VND
60,000,000 and under 70,000,000;
l) A fine of between VND 20,000,000 and
25,000,000 in case where the violated goods has a value of between VND
70,000,000 and under 80,000,000;
m) A fine of between VND 25,000,000 and
30,000,000 in case where the violated goods has a value of between VND
80,000,000 and under 90,000,000;
n) A fine of between VND 30,000,000 and 35,000,000
in case where the violated goods has a value of between VND 90,000,000 and
under 100,000,000;
o) A fine of between VND 35,000,000 and
40,000,000 in case where the violated goods has a value of VND 100,000,000 and
above;
2. A fine doubling the fine level specified in
clause 1 of this Article, for the tobacco producer who has unstamped tobacco
sold domestically according to provisions.
3. Additional forms of penalties:
a) To confiscate the material evidence, for
acts of violations specified in this Article;
b) To deprive the rights of using the licenses
of trading tobacco, between 01 month and 03 months, for acts of selling
domestically-produced tobacco without stamps of domestically-consumed tobacco
specified in between point dd and point o, clause 1 of this Article, in cases
of repeated violations or recidivism;
c) To deprive the rights of using the licenses
of tobacco production, between 03 months and 06 months, for tobacco producers
failing to stamp for domestically-consumed tobacco specified in clause 2 of
this Article, in cases of repeated violations or recidivism;
4. Remedial measures:
To forge withdrawing the violated goods which
are circulated in the market, for acts of violations specified in this Article.
Article 31. Acts of violations on capacity and
output of tobacco production
1. For acts of producing output of
domestically-consumed tobacco yearly which exceeds the output permitted to
produce, the fine levels shall be as follows:
a) A fine of between VND 10,000,000 and
20,000,000 shall be imposed if the excess is less than 05% of the permitted
output of production;
b) A fine of between VND 20,000,000 and
30,000,000 shall be imposed if the excess is between 05% and less than 10% of
the permitted output of production.
d) A fine of between VND 30,000,000 and
50,000,000 shall be imposed if the excess is between 10% and less than 15% of
the permitted output of production.
d) A fine of between VND 50,000,000 and
70,000,000 shall be imposed if the excess is between 15% and less than 20% of
the permitted output of production.
dd) A fine of between VND 70,000,000 and
100,000,000 shall be imposed if the excess is 20% or more of the permitted
output of production.
2. Additional forms of penalties:
a) To confiscate the material evidence, for
acts of violations specified in this Article;
b) To deprive the rights of using the licenses
of tobacco production, between 01 month and 03 months, for acts of violations
specified in this Article, in cases of repeated violations or recidivism;
3. Remedial measures:
To forge submitting illegally-earned profits
received by conducting acts of violations specified in this Article.
Article 32. Acts of violations on selling
tobacco products
1. A warning or a fine of between VND 500,000
and 1,000,000 for acts of not hanging notification signs on no selling tobacco
to persons who are under 18 year-old at the selling points according to
provisions.
2. A fine of between VND 1,000,000 and
2,000,000, for one of the following acts of violations:
a) Selling tobacco to persons who are under 18
year-old;
b) Hiring persons who are under 18 year-old for
selling tobacco.
3. A fine of between VND 2,000,000 and
3,000,000 for acts of not complying with provisions on displaying tobacco at
the selling points.
4. A fine of between VND 3,000,000 and
5,000,000, for one of the following acts of violations:
a) Not to report or report incorrectly on the
situation, results of business and the distribution systems of retailers of
tobacco products in accordance with provisions;
b) To sell tobacco by using automatic selling
machines or to sell tobacco at locations where are banned;
c) To sell tobacco out of gates of
kindergartens, nursery schools, primary schools, basic secondary schools,
common secondary schools, health research institutes, hospitals, maternity
clinics, preventive medical centers, medical stations of communes and wards
within 100 meters from the nearest sites of such establishments.
5. A fine of between VND 5,000,000 and
10,000,000 for acts of not reporting or reporting incorrectly on the situation,
results of business and the distribution systems of wholesale traders of
tobacco products in accordance with provisions;
6. Additional forms of penalties:
a) To confiscate the material evidence, shall
be imposed on acts of violations specified in point b and c, clause 4 of this
Article;
b) To deprive the rights of using the licenses
on retail or wholesale of tobacco products between 01 month and 03 months, for
acts of violations specified in point b and c, clause 4 of this Article.
Article 33. Acts of violations on management of
machineries, equipment which are specialized for producing tobacco
1. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on acts which do not comply with the regime for
reporting the import situation and the use of machineries, equipment which are
specialized for producing tobacco according to provisions.
2. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on one of the following acts of violations:
a) Liquidating, destroying machineries,
equipment which are specialized for producing tobacco improperly according to
provisions;
b) Not re-export machineries and equipment
which are specialized for tobacco industry when the time limits specified in
the temporary import licenses were out of validity.
3. A fine of between VND 20,000,000 and
30,000,000 shall be imposed on acts of using machineries, equipment which are
specialized for tobacco industry without licences for producing tobacco or
processing tobacco materials according to provisions.
4. A fine of between VND 30,000,000 and
50,000,000 shall be imposed on one of the following acts of violations:
a) Purchasing, selling, renting or conducting
forms of transferring the ownerships or the use rights of machineries,
equipment which are specialized for tobacco production which do not comply with
provisions;
b) Importing machineries, equipment which are
specialized for tobacco industry improperly with provisions or using the
machineries and equipment specialized for tobacco industry, which are imported
without legally sources.
5. Additional forms of penalties:
Confiscate the material evidence, for acts of
violations specified in clauses 2, 3 and 4 of this Article.
6. Remedial measures:
a) Force to re-export machineries, equipment
which are specialized for tobacco industry, for acts of violations specified in
point b, clause 2 of this Article;
b) Force to submit illegally-earned profits
received by conducting acts of violations specified in point a, clause 2 and
point a, clause 4 of this Article.
SECTION 5. ACTS OF VIOLATIONS ON PRODUCTION AND
TRADE OF WINES
Article 34. Acts of violations on investing in
production of industrial wines
A fine of between VND 20,000,000 and 30,000,000
shall be imposed on acts of investing in production of wine which do not comply
with the general planning for development of beer, wine and beverage industry
which were approved by competent state agencies.
Article 35. Acts of violations on production of
handmade wine for trading purpose
1. Act of producing handmade wine for trading purpose
in excess of the allowed production output stated in the license of handmade
wine production for trading purpose, the fines shall be as follows:
a) A fine of between VND 1,000,000 and
3,000,000 shall be imposed if the excess is under 05% the allowed production
output;
b) A fine of between VND 3,000,000 and
5,000,000 shall be imposed if the excess is between 05% and under 10% of the
allowed production output.
c) A fine of between VND 5,000,000 and
10,000,000 shall be imposed if the excess is between 10% and under 15% of the
allowed production output.
d) A fine of between VND 10,000,000 and
15,000,000 shall be imposed if the excess is between 15% and under 20% of the
allowed production output;
dd) A fine of between VND 15,000,000 and
20,000,000 shall be imposed if the excess is 20% of the allowed production
output and above.
2. Additional forms of penalties:
a) To confiscate the material evidence for acts
of violations specified in this Article;
b) To deprive the rights of using the licenses
for production of handmade wine for trading purpose, for between 01 month and
03 months, for acts of violations specified in this Article, in cases of
repeated violations or recidivism;
3. Remedial measures:
Forging the submission of illegal profits
earned from conducting acts of violations specified in this Article.
Article 36. Acts of violations on production of
handmade wine for selling to enterprises which have licences of wine production
for re-processing
1. A warning or a fine of between VND 200,000
and 500,000 shall be imposed on acts of production of handmade wine for selling
to enterprises that have licenses of wine production for reprocessing, without
registration with local state agencies at production places according to
provisions.
2. For acts of selling manually-produced wine
products to objects which are not enterprises having licenses of wine
production for reprocessing, the fine levels shall be as follows:
a) A warning or a fine of between VND 500,000
and 1,000,000 shall be imposed in case of violated goods with quantities of
under 20 litres;
b) A fine of between VND 1,000,000 and
2,000,000 shall be imposed in case of violated goods with quantities of between
20 litres and under 30 litres;
c) A fine of between VND 2,000,000 and
5,000,000 shall be imposed in case of violated goods with quantities of between
30 litres and under 50 litres;
d) A fine of between VND 5,000,000 and
10,000,000 shall be imposed in case of violated goods with quantities of
between 50 litres and under 100 litres;
dd) A fine of between VND 10,000,000 and
20,000,000 shall be imposed in case of the violated goods with quantities of
100 litres and above;
3. Additional forms of penalties:
Confiscate the material evidence, for acts of
violations specified in clause 2 of this Article;
4. Remedial measures:
Forge submitting illegal profits earned from
conducting acts of violations specified in clause 2 of this Article.
Article 37. Acts of violations on production of
industrial wine
1. For acts of producing industrial wine
exceeding the permitted output for production recorded in the licenses for
production of industrial wine, the fine levels shall be as follows:
a) A fine of between VND 10,000,000 and
20,000,000 shall be imposed if the excess is less than 05% the permitted output
of production;
b) A fine of between VND 20,000,000 and
30,000,000 shall be imposed if the excess is between 05% and less than 10% of
the permitted output of production;
c) A fine of between VND 30,000,000 and
50,000,000 shall be imposed if the excess is between 10% and less than 15% of
the permitted output of production.
d) A fine of between VND 50,000,000 and
70,000,000 shall be imposed if the excess is between 15% and less than 20% of
the permitted output of production.
dd) A fine of between VND 70,000,000 and
100,000,000 shall be imposed if the excess is 20% of the permitted output of
production and above.
2. Additional forms of penalties:
a) To confiscate the material evidence, for
acts of violations specified in this Article;
b) To deprive the use rights of the licenses
for production of industrial wine, between 03 months and 06 months, for acts of
violations specified in this Article, in cases of repeated violations or
recidivism;
3. Remedial measures:
Forge submitting illegal profits earned from
conducting acts of violations specified in this Article.
Article 38. Acts of violations on conditions
for trading and distributing wine products
1. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on acts of trading and distributing wine products
without a fixed business location or a distinct address according to
provisions.
2. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on one of the following acts of violations:
a) Not assure requirements on engineering,
equipment according to provisions;
b) Have no introduction documents, sale and
purchase contracts of organizations, individuals which produce wine or other
distributors of wine products.
3. A fine of between VND 20,000,000 and
30,000,000 shall be imposed on one of the following acts of violations:
a) Have no transport means owned or co-owned
under a joint venture contract, joint capital contribution or no hire contracts
for transport means in accordance with the prescribed business scales;
b) Have no warehouses or warehouse systems
owned or co-owned under joint venture agreements, joint capital contributions
or no warehouse leases in accordance with the prescribed business scales;
c) Have no the financial capacity for ensuring the entire distribution system of enterprises operated normally as prescribed;
4. A fine of between VND 30,000,000 and
50,000,000 shall be imposed on one of the following acts of violations:
a) Have no distribution system for wines at
localities of 06 provinces and above as prescribed;
b) Trading and distributing wines while not be
considered as an enterprise under regulations.
Deprive the use rights of the licenses for
trading and distribution of wines, between 01 month and 03 months, for acts of
violations specified in this Article, in cases of repeated violations or
recidivism;
Article 39. Acts of violations on conditions
for wholesale of wine products
1. A fine of between VND 2,000,000 and
5,000,000 shall be imposed on trading wholesale wine products without a fixed
place of business and address clearly stipulated as prescribed.
2. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on one of the following acts of violations:
a) Not assure requirements on technology,
equipment as prescribed;
b) Have no introductory text, purchase contract
of organizations or individuals producing wine or other merchants distributing
wines.
3. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on one of the following acts of violations:
a) Have no transport means owned or co-owned
under joint venture agreements, joint capital contributions or have no
transport means leases in accordance with the business scale as prescribed;
b) Have no warehouses or warehouse system owned
or co-owned under joint venture contracts, joint capital contribution or
contracts of warehouse lease in accordance with the business scales as
prescribed;
c) Have no financial capacity ensuring the
entire distribution system of enterprises operated normally as prescribed.
4. A fine of between VND 20,000,000 and 30,000,000
shall be imposed on one of the following acts of violations:
a) Having no distribution system for alcohol
products as prescribed;
b) Wholesaling wines while not be considered as
an enterprise under regulations.
5. Additional forms of penalties:
Deprive the use rights of the licenses on
distribution of wine products from 01 month to 03 months for acts of violations
specified in this Article in case of repeated violations or recidivism.
Article 40. Acts of violations of conditions
for retailing wine products
1. A fine of between VND 1,000,000 and
2,000,000 shall be imposed on retail of wine products without a fixed place of
business and address clearly stipulated as prescribed.
2. A fine of between VND 2,000,000 and
3,000,000 shall be imposed on one of the following acts of violations:
a) Have no assurance of requirements on
technology, equipment as prescribed;
b) Have no introductory texts, purchase
contracts of wholesale merchants of wine products.
3. A fine of between VND 3,000,000 and
5,000,000 shall be imposed on violations of having no warehouses or warehouse
system owned or co-owned under joint venture agreements, joint capital
contributions or no warehouse leases in accordance with the scale of business
as prescribed.
4. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on one of the following acts of violations:
a) Business which is not consistent with the
retail system planning of wine products as prescribed;
b) Retail sales of alcohol products while not
be considered as a trader under regulations.
5. Additional forms of penalties:
Deprive the use rights of the licenses on
retail sale of wine products from 01 month to 03 months for acts of violations
specified in this Article in case of repeated violations or recidivism.
Article 41. Acts of violations on import of
wine
1. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on importing alcohol while not having registration
of conformity and being granted with "Notice of results of
confirmation on food satisfying import requirements" as prescribed.
2. A fine of between VND 20,000,000 and
30,000,000 shall be imposed on one of the following acts of violations:
a) Direct import or entrust the import of
semi-finished wine and accessories for blending into finished wine without a
business license or distribution of alcohol products or production license of
industrial alcohol as prescribed;
b) Sale of semi-manufactured wine or materials
used for blending finished wine imported for those not licensed with wine
production.
3. A fine of between VND 30,000,000 and
50,000,000 shall be imposed on one of the following acts of violations:
a) Imports of wine not passing the
international borders as prescribed;
b) Imports of wine without designated or
authorized documents for distributors, importers of genuine production,
business or agent agreements of manufacturers or traders of those products as
prescribed.
4. Additional forms of penalties:
a) Confiscate the material evidence, for acts
of violations specified in clauses 2 and 3 of this Article;
b) Deprive the use rights of the licenses on
trade and distribution of wine products or licenses for industrial wine
production from 01 month to 03 months for acts of violations specified in point
b, clause 2 and clause 3 of this Article in case of repeated violations or
recidivism.
Article 42. Acts of violation of import stamps
for imported wine products
1. For acts of not import stamping for imported
wine products with commercial purposes in accordance with regulations, the
levels of fine shall be as follows:
a) A fine of between VND 1,000,000 and VND
2,000,000 shall be imposed in case where the violated goods have a value of
under VND 5,000,000;
b) A fine of between VND 2,000,000 and VND
5,000,000 shall be imposed in case where the violated goods have a value of
between VND 5,000,000 and under VND 10,000,000;
c) A fine of between VND 5,000,000 and VND
10,000,000 shall be imposed in case where the violated goods have a value of
between VND 10,000,000 and under VND 20,000,000;
d) A fine of between VND 10,000,000 and VND
15,000,000 shall be imposed in case where the violated goods have a value of
between VND 20,000,000 and under VND 30,000,000;
dd) A fine of between VND 15,000,000 and
20,000,000 shall be imposed in case where the violated goods have a value of
between VND 30,000,000 and under 40,000,000;
e) A fine of between VND 20,000,000 and
25,000,000 shall be imposed in case where the violated goods have a value of
between VND 40,000,000 and under 50,000,000;
g) A fine of between VND 25,000,000 and
30,000,000 shall be imposed in case where the violated goods have a value of
between VND 50,000,000 and under 60,000,000;
h) A fine of between VND 30,000,000 and
35,000,000 shall be imposed in case where the violated goods have a value of
between VND 60,000,000 and under 70,000,000;
i) A fine of between VND 35,000,000 and
40,000,000 shall be imposed in case where the violated goods have a value of
between VND 70,000,000 and under 80,000,000;
k) A fine of between VND 40,000,000 and
50,000,000 shall be imposed in case where the violated goods have a value of
between VND 80,000,000 and under 100,000,000;
l) A fine of between VND 50,000,000 and
70,000,000 shall be imposed in case where the violated goods have a value of
VND 100,000,000 and above;
2. For acts of trading imported wine products
unstamped import wine as prescribed shall be sanctioned administratively
according to Article 17 of this Decree.
3. Additional forms of penalties:
a) Confiscate the material evidence, for acts
of violations specified in clauses 1 of this Article;
b) Deprive the use rights of the licenses on
trade of wine products from 03 months to 06 months for acts of violations
specified in clause 1 of this Article in case of repeated violations or
recidivism.
Article 43. Acts of violations in sticking
stamps on domestically-manufactured wine products
1. For acts of trading
domestically-manufactured wine which are unstamped as domestically-manufactured
wine as prescribed, the fine levels shall be as follows:
a) A warning or fine of between VND 200,000 and
300,000 shall be imposed in case where the violated goods have a value of under
VND 1,000,000;
b) A fine of between VND 300,000 and VND
500,000 shall be imposed in case where the violated goods have a value of
between VND 1,000,000 and under VND 2,000,000;
c) A fine of between VND 500,000 and VND
1,000,000 shall be imposed in case where the violated goods have a value of
between VND 2,000,000 and under VND 5,000,000;
d) A fine of between VND 1,000,000 and VND
2,000,000 shall be imposed in case where the violated goods have a value of
between VND 5,000,000 and under VND 10,000,000;
dd) A fine of between VND 2,000,000 and
5,000,000 shall be imposed in case where the violated goods have a value of
between VND 10,000,000 and under 20,000,000;
e) A fine of between VND 5,000,000 and
10,000,000 shall be imposed in case where the violated goods have a value of
between VND 20,000,000 and under 30,000,000;
g) A fine of between VND 10,000,000 and
20,000,000 shall be imposed in case where the violated goods have a value of
between VND 30,000,000 and under 50,000,000;
h) A fine of between 20,000,000 and 30,000,000
shall be imposed in case where the violated goods have a value of between VND
50,000,000 and under 100,000,000;
i) A fine of between VND 30,000,000 and
50,000,000 shall be imposed in case where the violated goods have a value of
VND 100,000,000 and above;
2. A fine doubling the fine level specified in
clause 1 of this Article shall be imposed on the manufacturers who do not stick
stamps on domestically-manufactured wine products as prescribed.
3. Additional forms of penalties:
a) Confiscate the material evidence for acts of
violations specified in clauses 1 and 2 of this Article;
b) Deprive the use rights of the licenses on
wine production and trade from 03 months to 06 months shall be imposed on acts
of violations specified in this Article in cases of repeated violations or
recidivism.
4. Remedial measures:
Force recovery of infringing goods circulated
on the market for violations specified in this Article.
Article 44. Acts of violations on information
provision and harmful effects of alcohol abuse
1. A warning or a fine of between 500,000 and
1,000,000 for the manufacturer of handmade wine for the purpose of business
that fails to provide sufficient information about wine including components,
content, quality criteria, harmful effects of alcohol abuse as prescribed by
the competent state agencies.
2. A warning or a fine of between 10,000,000
and 20,000,000 for the manufacturer of industrial wine that fails to provide
information about wine including components, content, quality criteria, harmful
effects of alcohol abuse as prescribed by the competent state agencies.
Article 45. Acts of violations on selling wine
products
1. A warning or fine of between VND 500,000 and
1,000,000 shall be imposed on one of the following acts of violations:
a) Not listing of valid copies of business
licenses for wine products, wine types, wine prices are being sold at their
business locations;
b) Sale of alcohol products for persons not yet sufficient 18 years of age.
2. A fine of between VND 1,000,000 and
3,000,000 shall be imposed on failing to report or incorrectly reported on the
situation, business results and distribution system of traders of alcohol
products as prescribed.
3. A fine of between VND 3,000,000 and
5,000,000 shall be imposed on one of the following acts of violations:
a) Retail wine products in vending machines or
sell on the internet;
b) Sales of alcohol products to the improper
subjects, at improper locations, with improper contents as stated in licenses
of alcohol product trading;
c) Trade of wine products at locations banned
from business as prescribed.
4. Additional forms of penalties:
a) Confiscate the material evidence, for acts
of violations specified in clause 3 of this Article;
b) Deprive the use rights of the licenses on
distribution, wholesale or retail of wine products from 01 month to 03 months
for acts of violations specified in point b, clause 1 and clause 3 of this
Article in case of repeated violations or recidivism.
SECTION 6. ACTS OF SPECULATING AND HOARDING
GOODS
Article 46. Acts of speculating goods
1. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on abusing scarcity of goods or creating artificial
scarcity of goods in the market to buy up or buy all goods with a value of
between VND 50,000,000 and under VND 100,000,000 to resell for getting illicit
profits in one of the following cases without criminal prosecution:
a) Goods under the list of price stabilization
or the list of price valuation by the State in accordance with law on price;
b) There is market fluctuation in supply and
demand, commodity prices due to natural disasters, fire, epidemics, war or
other unusual events.
2. A fine of between VND 10,000,000 and VND
20,000,000 shall be imposed on acts of violations specified in clause 1 of this
Article with a value of between VND 100,000,000 and less than VND 200,000,000.
3. A fine of between VND 20,000,000 and VND
50,000,000 shall be imposed on acts of violations specified in clause 1 of this
Article with a value of between VND 200,000,000 and under VND 500,000,000.
4. A fine of between VND 50,000,000 and VND
80,000,000 shall be imposed on acts of violations specified in clause 1 of this
Article with a value of between VND 500,000,000 and under VND 1,000,000,000.
5. A fine of between VND 80,000,000 and VND
100,000,000 shall be imposed on acts of violations specified in clause 1 of
this Article with a value of between VND 1,000,000,000 and above.
6. Additional forms of penalties:
a) Confiscate the material evidence, for acts
of violations specified in this Article;
b) Deprive the use rights of certificates on
satisfactory of trade conditions, business licenses, and practice certificates
from 06 months to 12 months for acts of violations specified in this Article in
cases of repeated violations or recidivism.
b) Suspend activities of trading infringing
goods from 06 months to 12 months for violations of the provisions of this
Article in case of repeated violations or recidivism.
7. Remedial measures:
Forcing submission of illicit benefits that earned
from acts of violation
specified in this Article.
Article 47. Acts of hoarding goods
1. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on one of the following acts of violations under
one of cases specified in points a and b, clause 1 of Article 46 of this Decree
without plausible reasons:
a) Cut sale locations;
b) Cut sales methods (change from wholesale to
retail) different to the previous time;
c) Regulations, listing, sale according to sale
volume, purchase objects different to the previous time;
d) Cut the time of sale, supply of goods
different to the previous time.
2. A fine of between VND 10,000,000 and
20,000,000 for one of the following acts of violations under one of cases
specified in points a and b, clause 1 of Article 46 of this Decree without
plausible reasons:
a) Cut down the amount of goods sold;
b) Stop the sale of goods to the market;
c) Not open stores, places of business
transactions for sale;
d) Open stores, places of business transactions
but not selling goods.
3. A fine of between VND 20,000,000 and
30,000,000 shall be imposed on hoarding goods in warehouses in excess of 150%
compared to the average inventory of the preceding three months in one of the
cases specified in points a and b, Clause 1, Article 46 of this Decree.
4. Additional forms of penalties:
a) Confiscate the material evidence, for acts
of violations specified in clause 3 of this Article;
b) Deprive the use rights of business licenses,
practice certificates from 03 months to 06 months for acts of violations
specified in this Article, in cases of repeated violations or recidivism.
Article 48. Acts of violation on promotion
1. A fine of between VND 3,000,000 and
5,000,000 for individuals conducting commercial activities independently,
regularly not required business registration as prescribed committing one of
the following acts of violations:
a) Sales of goods, supply of services
accompanied by contest coupons for customers to select the prize winners
according to the rules and prize announced;
b) Sales of goods, supply of services together
with participation in promotions of chance;
c) Organization of frequent customer programs.
2. A fine of
between VND 10,000,000 and 20,000,000 shall be imposed on traders committing
one of the following acts of violations:
a) Failing to conduct or conduct incompletely,
improperly provisions on information which must be publicly notified or failure
to comply with the provisions on methods of notifying information which must be
publicly notified when conducting promotion;
b) Failure to notify customers full information
relating to the use of samples, sample services when conducting forms of
promotion as giving samples, providing sample services to customer for trying
without paying money or failure to notify customers sufficient information
relating to the use of goods or services supplied to customers when doing any
form of promotion giving gift to customers, providing services without
collecting money and without purchasing, selling goods or providing services;
c) Collect fees and charges, money from the
customer or requests customers to make any other payment obligations when
conducting promotions by giving samples, providing services to customers for
trial without payment;
d) Not publicly organize the opening bonus for
promotions of chance or organize the opening bonus for promotions of chance
without the presence of the customers;
dd) Organize the opening bonus for promotions
of chance with the total prize valued from VND 100,000,000 and above without
notifying competent state agencies on commerce as prescribed;
e) Organize competition and prize draws not
publicly or without the presence of the representatives of customers or fails
to notify the competent state agencies as prescribed when conducting promotion
programs for selling or supplying services accompanied with contest coupons for
customers for selecting persons who are entitled to receive awards according to
the rules and prizes announced;
g) Fail to notify the competent state agencies
on time, places conducting provision of evidence to determine the prize winning
of goods for promotions of chance where the winning is determined based on
evidence of prize winning accompanied with goods;
h) No public announcement on winning results on
at least one of the mass media in the provinces, cities directly under the
Central Government, where organizing promotions and at sale locations of promotions
in case of conducting promotions under forms of selling goods, supplying
services accompanied with contest coupons for customers in order to select
winners according to rules and prized notified or in case of conducting
promotion under forms of selling goods, supplying services accompanied with
participation in programs of chance;
i) Not awarding prizes within the specified
time limit when conducting promotion programs included awarding;
k) No confirm accurately, timely the
participation of customers in regular customers programs;
l) No sufficient record of compulsory contents
as prescribed in coupons, services coupons, competition entry forms, lottery
tickets, customer tags or receipts of buying goods or using services used in
promotion programs.
3. A fine of between VND 20,000,000 and
30,000,000 shall be imposed on traders committing one of the following acts of
violations:
a) Conduct promotions of goods, services while
they are not traders under regulations to be entitled to conduct promotion of
such goods or services;
b) Conduct promotions of goods, services of
other traders without agreements on promotion services as prescribed or hire
traders who provide promotion services to conduct promotions for their goods,
services without agreements on promotion services as prescribed;
c) No notices or registrations with competent
state agencies as prescribed before conducting promotions; improper notices or
registrations with provisions; contents of notices or registration are
dishonest;
d) No notices or no reports on results of
promotion for competent state agencies as prescribed or notices or reports are
made improperly with the prescribed time limit or contents of notices or
reports are dishonest;
dd) No performance or improper performance or
postponement of the implementation of the contents of promotions announced or
committed with customers;
e) No performance or improper performance of
promotion programs announced or registered with the competent state agencies;
g) Conduct promotions in which the value of the
commodity, services used for promotions exceeding the maximum limit of value of
promotional goods or services as prescribed;
h) Make promotional discounts in the form of
discount for goods, service supplying prices which exceed the maximum level
allowed discount for goods or services promoted under the provisions;
i) Conduct promotions in the form of lowering
prices of goods, prices of service to lower the minimum prices in case the
selling price of goods, services supply subject to the State’s regulation on
prices or regulatory framework on minimum price or discount the selling prices
of goods, services supply for goods and services subject to the State’s
regulations on specific prices;
k) Conduct promotions
in the form of reducing prices or in the form of selling goods, providing
services together with the program of chance are not in the prescribed time
allowed to conduct promotions;
l) Use lottery
tickets have the same or similar form with the lottery which are solely issued
by the State or use the results of the State’s lottery to determine the winning
results when conducting promotions of chance;
m) Do not perform
or improper performance of the remit 50% of the award announced in the State
Budget in case of the absence of the winners after implementing the promotions
in the form of selling goods, supplying services together with participation in
the program of chance as prescribed;
n) Terminate the
implementation of promotions ahead of time announced or certified by competent
state agencies, unless otherwise permitted by law or in case the competent
state agencies have certified the adjustment of time for sales promotions;
o) Conduct promotions which are against
provisions on principals of implementing
promotions.
4. A fine of between VND 30,000,000 and
50,000,000 shall be imposed on one of following acts of violations:
a) Promote banned goods
and services; goods, services which are restricted from trading; goods which
are not permitted for circulation yet, services which are not permitted for
supply yet; goods which do not satisfy the prescribed quality;
b) Use goods, services for promotion being
goods, services banned from trading; goods, services restricted from trading;
goods not permitted for circulation yet, services not permitted for supply yet;
goods do not satisfy the prescribed quality;
c) Promote wine,
beer or use wine, beer as promotions for people under 18 year-old;
d) Promote tobacco,
wine with alcohol from 30 degrees and more or use tobacco, wine with alcohol
from 30 degrees or more as promotions in any form;
dd) Use medicine
for human (including medicines permitted to circulate) for promotion, except
cases of promotions for medicine traders;
e) Offer promotions that are dishonest or
confusing about goods and services in order to
deceive customers;
g) Promotion to
consume goods not in accordance with quality assurance under regulations
detrimental to the environment, human health and other public benefits;
h) Promotion in
schools, hospitals, offices of state agencies, political organizations,
socio-political organizations, people's armed forces units;
i) Promised gifts
or prizes but not implemented or implemented improperly;
k) The content of
the contest program of promotions in the form of sales, service supply
accompanied by contest coupons for customers in order to select winners
according to the rules and award prizes announced which are contrary to
conventional history, culture, ethics, habits and customs of Vietnam.
5. A fine of
between VND 10,000,000 and 20,000,000 for the representative offices of traders
doing promotion for traders represented by them or hiring other traders to
carry out promotions for traders represented by them in Vietnam.
6. A fine of twice
the fines prescribed in between clause 1 and clause 5 of this Article in case
of violations carried out in the area between two centrally-run provinces or
cities.
7. Additional forms of penalties:
Confiscate the material evidence for acts of
violations specified in points a, b, c, d, dd and g, clause 4 of this Article.
8. Remedial measures:
a) Force destruction of the violated goods for
acts of violations specified in point a and point b, clause 4 of this Article.
b) Force
cancellation of the results of prize draw and re-organization of prize draw for
violations specified in point d, dd and e, Clause 2 of this Article;
c) Force the
submission of illegal benefits gained by committing acts of violations
specified at Point c, Clause 2 and Point m, Clause 3 of this Article.
Article 49. Acts of violations on show and
introducing goods and services
1. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on one of the following acts of violations:
a) Display, introduce goods with information
about goods being displayed, introduced not proper with goods being sold or
prepared to sell;
b) Display, introduce goods or services of
other merchants to compare with their goods, unless goods being compared are
counterfeit goods, goods infringing intellectual property rights as prescribed;
c) Display, introduce goods without goods label
or label improperly with regulation;
d) Display, introduce goods which are not up to
standards, technical regulations announced, applied; goods which do not satisfy
quality, food safety, expired.
2. A fine of between VND 20,000,000 and
30,000,000 shall be imposed on one of the following acts of violations:
a) Representative offices of traders directly
display, introduce goods and services of merchants they represent in locations
which are not the headquarters of those representative offices;
b) Representative offices of traders display,
introduce goods and services of merchants they represent without the
authorization of such traders.
3. A fine of between VND 30,000,000 and
50,000,000 shall be imposed on one of the following acts of violations:
a) Display, introduce goods which are not
allowed to be imported into Vietnam;
b) Display, introduce goods and services which
are on the list of goods, services banned from business, the list of goods
banned from import, goods are banned from circulation or not yet been allowed
to circulate, services not yet permitted to be provided in Vietnam;
c) Consume in Vietnam goods temporarily
imported for display or introduction improperly with the legal provisions of
Vietnam;
d) Display, introduce goods, services or use
forms, means displaying, introducing goods, services which are detrimental to
national security, order, social security, landscape, environment and human
health;
dd) Display, introduce goods or services or use
forms or means of goods and service display or introduction which are against
historical traditions, culture, ethics, habits and customs of Vietnam;
e) Display, introduce goods and services which
reveal the national secrets.
4. Additional forms of penalties:
Confiscate the material evidence, for acts of
violations specified in clause 3 of this Article.
5. Remedial measures:
Force payment of illicit benefits had due to
committing acts of violation specified in point c, clause 3 of this Article.
Article 50. Acts of violations on fairs, trade
exhibitions
1. A fine of between VND 1,000,000 and
5,000,000 shall be imposed on acts of dishonest, inexact declaration for
contents in the registration dossier when registering for organizing fairs,
trade exhibitions;
2. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on one of the following acts of violations:
a) Not listed topics, time of fairs or trade
exhibitions held at locations where fairs and trade exhibitions are organized
before the opening of fairs or trade exhibitions;
b) Change, supplement contents registered to
organize fairs or trade exhibitions without registering with competent state
agencies as prescribed or have not been certified by competent state agencies
on changes, supplements of contents registered.
3. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on one of the following acts of violations:
a) Display fake goods, goods infringing
intellectual property rights in order to compare with the authentic goods
without the approval of competent state agencies as prescribed;
b) Display fake goods, goods infringing
intellectual property rights to compare with authentic goods which have not yet
been verified by the competent state agencies that those are counterfeit goods
or goods infringing intellectual property rights;
c) Display fake goods, goods infringing
intellectual property rights which have not been clearly listed as fake goods,
goods infringing intellectual property rights;
d) Display at fairs, trade exhibitions goods
and services which are on the list of goods banned from business, goods banned
from import, goods restricted from trade, goods not permitted or not yet
permitted for circulation, services not be allowed to supply in Vietnam or
goods do not satisfy quality assurance, food safety as prescribed, expired
goods;
dd) Display at the fairs, exhibitions goods
(including goods temporarily imported for display and introduction at fairs,
exhibitions) with no labels or with labels which are not appropriate with legal
provisions on goods label;
e) No written reports or have reports which are
not in accordance with regulations on outcomes of organizing fairs, trade
exhibitions after finishing fairs, trade exhibitions.
4. A fine of between VND 20,000,000 and
30,000,000 shall be imposed on one of the following acts of violations:
a) Foreign traders directly organize fairs,
trade exhibitions in Vietnam;
b) Organization of fairs, trade exhibitions on
goods or services of merchants, other organizations without business
registration of services on fairs, trade exhibitions as prescribed;
c) Representative offices of traders directly
organize, participate in trade fairs, exhibitions or participate in trade
fairs, exhibitions for traders to be represented without the prior
authorization of such traders;
d) Organization for other merchants to
participate in trade fairs, exhibitions without business registration of
services on fairs, trade exhibitions as prescribed;
dd) Organization of trade fairs and exhibitions
which are not registered as prescribed or have not been verified in writing by competent
state management agencies on the registration of organizing trade fairs and
exhibitions;
e) Registration of organizing trade fairs,
exhibitions which have not been organized or have been organized improperly
with verified contents without registration of amendments or supplements as
prescribed with competent state management agencies and without approvals of
competent state management agencies;
g) Organization of trade fairs, exhibitions in
Vietnam which display, introduce banned goods, banned services, goods or
services restricted from trading as prescribed or goods, services supplied by
foreign traders which fall under the list of banned items as prescribed or fake
goods, goods infringing intellectual property rights, unless otherwise
displayed or introduced to compare with the authentic goods;
h) Organization of trade fairs, exhibitions
that quality, titles of the goods, services participating in fairs or
prestigious titles of traders, organizations or individuals participating in
trade fairs, exhibitions which are inconsistent with names, themes of the trade
fairs or exhibitions;
i) Fail to conduct the temporary import for
re-export of goods displaying in trade fairs or exhibitions in Vietnam or fail
to conduct the temporary export for re-import of goods and services displaying
in trade fairs, exhibitions in overseas as prescribed;
k) Sell, donate or supply the imported goods
at trade fairs, exhibitions without registration with customs offices or sell,
donate goods at trade fairs, exhibition which are subject to import permits
without prior written approvals of competent state agencies;
l) Sell, donate, supply at fairs, trade
exhibitions goods which are subject to specialized management at trade fairs,
exhibitions without compliance with provisions on the specialized management
for such goods or services;
m) Give, donate, grant prizes or certify
quality, titles for goods, services or traders, organizations, individuals
within the scope of trade fairs or organizations which are improper as prescribed.
5. A fine of between VND 40,000,000 and
50,000,000 shall be imposed on one of the following acts of violations:
a) Organizing or directly carrying goods or
services banned from export to foreign countries to display in trade fairs,
exhibitions without the approvals of the Prime Minister on the carrying of
goods and services which are banned from export for displaying in trade fairs,
exhibitions in overseas;
b) Sell, donate goods banned from export but
has been temporarily exported for participation in trade fairs, exhibitions
abroad without the approval of the Prime Minister on the sale or donation of
such goods;
c) Sell, donate goods required license for
export issued by competent state agencies when not having written permission of
competent state agencies about sale, donation of such goods.
6. Additional forms of penalties:
Confiscate the material evidence, shall be
imposed on acts of violations specified in points a, b, c and d, clause 3 of
this Article.
7. Remedial measures:
a) Re-export of goods, for acts of violations
specified at Point a, i and k, clause 4 of this Article;
b) Force payment of illicit benefits had due to
committing acts of violation specified in this Article.
SECTION 8. ACTS OF VIOLATION ON TRADE BROKERAGE
ACTIVITIES
Article 51. Acts of violations on
representatives for traders
1. A fine of between VND 3,000,000 and
5,000,000 shall be imposed on hiring representatives or being representatives
of other traders without representation contracts as stipulated.
2. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on hiring representatives or being representatives
of other traders who are not traders as stipulated.
Article 52. Acts of violations on commercial
brokerage
1. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on trading commercial brokerage by those are not
traders as stipulated.
2. Remedial measures:
Force payment of illicit benefits gained due to
conducting acts of violation specified in this Article.
Article 53. Acts of violations on entrustment
of goods sale or purchase
1. A fine of between VND 1,000,000 and
5,000,000 shall be imposed on acts of consigning or receiving consignment of
goods purchase and sale without entrustment contract as prescribed.
2. A fine of
between VND 5,000,000 and 10,000,000 shall be imposed on acts of receiving
consignment of goods purchase and sale which is
inconsistent with industries, categories recorded in the certificate of
business registration.
Article 54. Acts of violations on agents
selling, purchasing goods or services
1. A fine of between VND 1,000,000 and
5,000,000 shall be imposed on one of following acts of violations;
a) Principals or
agents that are not traders as prescribed;
b) Principals or agents without the Agency Agreements on sale and purchase of goods or
services as prescribed.
2. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on one of following acts of violations;
a) Principals or
agents making the sale and purchase of goods or services which do not guarantee
conditions on principals or agents for sale and purchase of goods or services;
b) Principals or
agents for sale and purchase of goods or services which are inconsistent with
the business lines, products, or services specified in the certificates of
business registration or business licenses;
c) Not recorded or
improperly recorded names, logos of the principals on the signs at the places
of purchase or sale of agents or agent service facilities as prescribed.
3. A fine of between VND 10,000,000 and
15,000,000 shall be imposed on one of following acts of violations;
a) Trade of goods
and services required to be under the form of agents but fail to perform or
improperly perform as prescribed;
b) Agents
purchasing or selling goods and services which are inconsistent with goods and
services under agency agreements;
c) Forge the capacities of agents to buy and sell goods and services for doing business;
d) Fail to comply
with the conditions as specified when hiring foreign traders as sales agents in
foreign countries.
4. A fine of twice
the amount of penalties specified in Clauses 1 to 3 of this Article in case
agents for goods or services being restricted from trade or subject to
conditional business.
SECTION 9. ACTS OF VIOLATIONS
IN EXPORT AND IMPORT OF GOODS AND SERVICES RELATED TO EXPORT AND IMPORT OF
GOODS
Article 55. Acts of
violations in goods banned from import or export
1. For acts of
export, import of goods banned from export or import, the fine levels shall be
as follows:
a) A fine of
between VND 10,000,000 and 20,000,000 in case where infringing goods have
values of less than VND 20,000,000;
b) A fine of between VND 20,000,000 and
30,000,000 in case where infringing goods have values of between VND 20,000,000
and less than VND 50,000,000;
c) A fine of between VND 30,000,000 and 50,000,000
in case where infringing goods have values of between VND 50,000,000 and less
than VND 70,000,000;
d) A fine of between VND 50,000,000 and
70,000,000 in case where infringing goods have values of between VND 70,000,000
and less than VND 100,000,000;
dd) A fine of
between VND 70,000,000 and 100,000,000 in case where infringing goods are
valued at VND 100,000,000 or more but not prosecuted for criminal
responsibility.
2. Additional forms of penalties:
Confiscate the material evidence, for acts of
violations specified in this Article.
3. Remedial measures:
a) Force destruction of the violated goods for
acts of violations specified in this Article;
b) Force removing
out of the territory of Vietnam or re-exporting infringing goods for acts of
violations specified in this Article.
Article 56. Acts of violations regarding goods
suspended from import or export
1. For acts of
export and import of goods under the list of goods being suspended from import
or export without written permission of the competent State management
agencies, the fine levels shall be as follows:
a) A fine of between VND 5,000,000 and
10,000,000 shall be imposed in case where infringing goods have values of less
than VND 20,000,000;
b) A fine of between VND 10,000,000 and
30,000,000 shall be imposed in case where infringing goods have values of
between VND 20,000,000 and less than VND 50,000,000;
c) A fine of between VND 30,000,000 and
50,000,000 shall be imposed in case where infringing goods have values of
between VND 50,000,000 and less than VND 70,000,000;
d) A fine of between VND 50,000,000 and
70,000,000 shall be imposed in case where infringing goods have values of
between VND 70,000,000 and less than VND 100,000,000;
dd) A fine of between VND 70,000,000 and
80,000,000 shall be imposed in case where infringing goods are valued at VND
100,000,000 or more but not prosecuted for criminal responsibility.
2. Additional forms of penalties:
Confiscate the material evidence for acts of
violations specified in this Article.
3. Remedial measures:
a) Force to destroy the violated goods for acts
of violations specified in this Article.
b) Force to remove out of the territory of
Vietnam or to re-export infringing goods for acts of violations specified in
this Article.
Article 57. Acts of
violations on quotas, goods export or import licenses
1. A fine of
between VND 5,000,000 and 10,000,000 shall be imposed on acts of arbitrarily
erasing, modifying, supplementing, changing contents of quotas, goods export or
import.
2. A fine of
between VND 10,000,000 and 20,000,000 shall be imposed on acts of
counterfeiting or illegally using quotas, goods export or import licenses.
3. For acts of
exporting, importing goods which must have quotas, export licenses, import
licenses as prescribed but do not have quotas, goods export or import licenses,
the fine levels shall be as follows:
a) A fine of between VND 5,000,000 and
10,000,000 shall be imposed in case where infringing goods have values of less
than VND 20,000,000;
b) A fine of between VND 10,000,000 and 20,000,000
shall be imposed in case where infringing goods have values of between VND
20,000,000 and less than VND 50,000,000;
c) A fine of between VND 20,000,000 and
30,000,000 shall be imposed in case where infringing goods have values of
between VND 50,000,000 and less than VND 70,000,000;
d) A fine of between VND 30,000,000 and
50,000,000 shall be imposed in case where infringing goods have values of
between VND 70,000,000 and less than VND 100,000,000;
dd) A fine of between VND 50,000,000 and
70,000,000 shall be imposed in case where infringing goods are valued at VND
100,000,000 or more but not prosecuted for criminal responsibility.
4. Additional forms of penalties:
a) Confiscate the material evidence, for acts
of violations specified in this Article;
b) Deprive the
right to use quotas, export licenses, import licenses, from 03 months to 06
months, for violations specified in Clauses 1 and 2 of this Article in case of
repeated violations or recidivism.
5. Remedial measures:
Force to remove out of the territory of Vietnam
or to re-export infringing goods for acts of violations specified in clause 3
of this Article.
Article 58. Acts of
violation on entrusting the goods export and import
1. A fine of
between VND 10,000,000 and 20,000,000 shall be imposed on acts of entrusting or
receiving entrustment to export and import of goods which are in the list of
goods temporarily imported for re-export, temporary exported and re-import with
conditions but do not satisfy business conditions as prescribed.
2. A fine of between
VND 20,000,000 and 30,000,000 shall be imposed on acts of entrusting or
receiving entrustment to export and import of goods which are under the list of
goods being exported or imported by quotas or export licenses, import licenses
that the entrust party and entrusted party have no quotas or licenses of the
competent state agencies as prescribed.
3. A fine of
between VND 30,000,000 and 40,000,000 shall be imposed on acts of entrusting or
receiving entrustment to export and import of goods under the list of goods
suspended from export or export.
4. A fine of between VND 40,000,000 and
50,000,000 shall be imposed on acts of entrusting
or receiving entrustment to export and import of goods under the list of
goods banned from export or import.
Article 59. Acts of violations on temporary
import for re-export or temporary export for re-import of goods
1. A fine of
between VND 5,000,000 and 10,000,000 shall be imposed on acts of arbitrarily
erasing, modifying, amending, supplementing, changing contents of the licenses
on temporary import for re-export, the licenses on temporary export for
re-import of goods which are under the list of goods banned from export or
import, export or import suspension.
2. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on acts of counterfeiting or illegally using the
licenses on temporary import for re-export, the licenses on temporary export
for re-import of goods which are under the list of goods banned from export or
import, export or import suspension.
3. A fine of between VND 20,000,000 and
40,000,000 shall be imposed on acts of trading goods of temporary import for
re-export which are under the list of goods temporarily imported for re-export
with conditions but do not satisfy business conditions as prescribed.
4. A fine of
between VND 40,000,000 and 80,000,000 shall be imposed on acts of trading
temporary import for re-export, temporary export and re-import of goods
required to be licensed by the competent State agencies but do not have
licenses as prescribed.
5. A fine of
between VND 80,000,000 and 100,000,000 shall be imposed on acts of trading
temporary import for re-export, temporary export for re-import of goods which
are under the list of goods banned from trading temporary import for re-export
and suspension of trading temporary import for re-export.
6. Additional forms of penalties:
a) Confiscate the material evidence, for acts
of violations specified in this Article.
b) Deprive the right to use licenses on goods
temporary import for re-export, temporary export for re-import, for acts of
violations specified in this Article in case of repeated violations or
recidivism.
7. Remedial measures:
a) Force to re-export of goods at import border
gates for acts of violations specified in clause 3 and clause 4 of this
Article;
b) Force to remove out of the territory of
Vietnam or to re-export goods for acts of violations specified in clause 5 of
this Article.
Article 60. Acts of violation on goods
border-gate transfer
1. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on acts of arbitrarily erasing, modifying,
supplementing, changing contents of licenses on goods border-gate transfer.
2. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on acts of counterfeiting or illegally using
licenses on goods border-gate transfer.
3. A fine of
between VND 20,000,000 and 30,000,000 shall be imposed on acts of border-gate
transfer which do not comply with categories or
exceed the quantities of goods specified in the licenses granted by the
competent state agencies.
4. A fine of
between VND 30,000,000 and 50,000,000 shall be imposed on acts of goods
border-gate transfer which are required to have licenses to be granted by the
competent state agencies but do not have licenses.
5. A fine of
between VND 50,000,000 and 80,000,000 shall be imposed on acts of transferring
border gate for categories of products which are under the list of goods
suspended from border-gate transfer.
6. A fine of between VND 80,000,000 and
100,000,000 shall be imposed on acts of transferring
border gate for categories of products which are under the list of goods
banned from border-gate transfer.
7. Additional forms of penalties:
a) Confiscate the material evidence, for acts
of violations specified in this Article.
b) Deprive the right to use licenses on goods border-gate transfer, for acts of violations
specified in this Article in case of repeated violations or recidivism.
Article 61. Acts of violation on goods transit
1. A fine of
between VND 10,000,000 and 20,000,000 shall be imposed on transit improperly
with routes, border gates allowed unless transit unless otherwise specified in
point a clause 2 of this Article.
2. A fine of between VND 20,000,000 and
30,000,000 shall be imposed on one of the following acts of violations:
a) Transit of goods
required to have licenses but do not follow the right routes or border gates
which are permitted for transit;
b) Goods in transit
are stored in the territory of Vietnam beyond the permitted duration.
3. A fine of between VND 30,000,000 and 40,000,000
shall be imposed on acts of transiting goods which are required to have
licenses to be granted by the competent state agencies but do not have
licenses.
4. A fine of
between VND 40,000,000 and 50,000,000 shall be imposed on illegal consumption of
goods or means in transit on the territory of Vietnam.
5. Additional forms of penalties:
Confiscate the material evidence, for acts of
violations specified in clause 4 of this Article.
6. Remedial measures:
a) Force to transit goods through right routes or
border gates, for acts of violations specified in clause 1 and point a, clause
2 of this Article;
b) Force to transit
goods for violations specified in point b, clause 2 of this Article within time
limits set by persons competent to sanction as prescribed;
c) Force to remove out of the territory of
Vietnam at the import border gates for acts of violations specified in clause 3
of this Article;
d) Force to pay
back the amounts equal to the value of goods or means in transit which were
illegally sold, for acts of violations specified in Clause 4 of this Article.
Article 62. Acts of violation on activities of
duty-free stores
1. A fine of
between VND 2,000,000 and 3,000,000 shall be imposed on acts of selling
duty-free goods in excess of the prescribed quantity.
2. A fine of
between VND 3,000,000 and 5,000,000 shall be imposed on acts of selling
tax-exempted goods to improper buyers.
3. For acts of
trading goods without the stamp "Vietnam duty not paid" as prescribed
or selling duty-free goods which are cigars, cigarettes produced in foreign
countries or goods subject to conditional export or import without export or
import licenses as prescribed, the fine levels shall be as follows:
a) A warning or a fine of between VND 500,000
and 1,000,000 shall be imposed in case where infringing goods has a value of
less than VND 2,000,000;
b) A fine of between VND 1,000,000 and
3,000,000 shall be imposed in case where infringing goods has a value of
between VND 2,000,000 and less than VND 5,000,000;
c) A fine of between VND 3,000,000 and
5,000,000 shall be imposed in case where infringing goods has a value of
between VND 5,000,000 and less than VND 10,000,000;
d) A fine of between VND 5,000,000 and
10,000,000 shall be imposed in case where infringing goods has a value of between
VND 10,000,000 and less than VND 20,000,000;
dd) A fine of between VND 10,000,000 and
20,000,000 shall be imposed in case where infringing goods have a value of
between VND 20,000,000 and less than VND 30,000,000;
e) A fine of between VND 20,000,000 and
30,000,000 shall be imposed in case where infringing goods have a value of
between VND 30,000,000 and less than VND 50,000,000;
g) A fine of between VND 30,000,000 and
40,000,000 shall be imposed in case where infringing goods have a value of VND
50,000,000 and more;
4. A fine of between VND 40,000,000 and
50,000,000 shall be imposed on one of the following acts of violations:
a) Sales of goods
which are not originated from legal import at duty-free shops;
b) Illegal
consumption in domestic market of goods which are permitted to import for sale
at duty-free shops.
5. A fine of
between VND 50,000,000 and 70,000,000 shall be imposed on acts of selling at
duty-free shops goods which are banned from export or import, or suspended
export or import as prescribed.
6. Additional forms of penalties:
a) Confiscate the material evidence, for acts
of violations specified in clause 3, clause 4 and clause 5 of this Article;
b) Deprive the right to use a certificate of
eligibility for trading duty-free shops, from 01 month to 03 months for acts of
violations specified in Clauses 2, 3, 4 and 5 of this Article in case of
repeated violations or recidivism.
7. Remedial measures:
Force to pay back illicit benefits gained from
committing acts of violation specified in this Article.
Article 63. Acts of violation on origin of
goods exported or imported
1. A fine of between VND 3,000,000 and
5,000,000 shall be imposed on one of the following acts of violations:
a) Provide
documents, papers which do not true to the competent state agencies when
applying for a certificate of origin;
b) Arbitrarily erase
or modify contents of certificates of origin issued.
2. A fine of
between VND 10,000,000 and 20,000,000 shall be imposed on acts of
counterfeiting or using fake certificates of origin.
3. Additional forms of penalties:
Confiscate the material evidence, for acts of
violations specified in this Article.
4. Remedial measures:
a) Force to pay back illegal benefits gained by
committing acts of violations specified at Point b, clause 1 and clause 2 of
this Article;
b) Force to correct
false information about the origin of goods, for acts of violations specified
at Point b, Clause 1 and Clause 2 of this Article.
Article 64. Acts of violation on processing
goods with foreign elements
1. A fine of
between VND 10,000,000 and 20,000,000 shall be imposed on acts of ordering
goods to be processed or receiving orders to process goods from foreign traders
without a contract as stipulated.
2. A fine of between VND 20,000,000 and
40,000,000 shall be imposed on one of the following acts of violations:
a) Consume in
Vietnam market machineries, equipment leased or borrowed or raw materials,
auxiliary materials, excess materials, substandard products, scraps temporarily
imported to perform processing and products from processing goods for foreign
traders which do not comply with regulations;
b) Forge processing
contracts with foreign traders.
3. A fine of between VND 40,000,000 and
70,000,000 shall be imposed on acts of ordering processed goods or receiving an
order to process goods from foreign traders which are required to have a
export, import license but without a permission of competent state agencies as
prescribed.
4. A fine of between VND 70,000,000 and
100,000,000 shall be imposed on one of the following acts of violation:
a) Process goods
for foreign traders, goods which are under the list of goods banned from export
or import and import or export suspension without the written consent of the
competent state management agencies as prescribed;
b) Order processing
of goods in overseas to consume in domestic market goods banned from export or
import, export or import suspension or goods which are subject to emergency
measures, banned from circulation, revoked, suspended from circulation or
counterfeit goods and goods which do not ensure food safety.
5. Additional forms of penalties:
Confiscate the material evidence, for acts of
violations specified in clauses 2, 3 and 4 of this Article.
6. Remedial measures:
Force to pay back illicit benefits gained from
committing acts of violation specified in point a, clause 2 of this Article.
SECTION 10. ACTS OF VIOLATION ON PROTECTION OF
CONSUMERS’ RIGHTS
Article 65. Acts of violation on protection of
information of consumers
1. A fine of between VND 10,000,000 and 20,000,000
shall be imposed on one of the following acts of violation:
a) Fail to clearly
and publicly notify consumers on purposes before conducting activities of
collecting, using information of consumers as prescribed;
b) Use information
of consumers inconsistently with the purpose informed consumers without
consents of consumers as prescribed;
c) Fail to ensure
safety, accuracy and sufficiency of the consumers’ information when collecting,
using, and transferring as prescribed;
d) Fail to
self-adjust or apply measures for consumers to update or to adjust the
information when detecting that information is incorrect as prescribed;
dd) Transfer
information of consumers to third parties without consent of consumers as
prescribed, unless otherwise provided by law.
2. Impose a fine
double the fines prescribed at Clause 1 of this Article in case where the
relevant information is confidential information of an individual consumer.
3. Remedial measures:
Force to destroy material
evidences containing information of consumers.
Article 66. Acts of violations in providing
information on goods or services for consumers
1. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on traders who have one of violations on providing
information on goods or services for consumers as follows:
a) No warning on
the capacity that goods and services have adversely affected on health, life
and property of the consumer and the precautions as prescribed;
b) Not provide
information about the supply availability of replaceable spare parts,
accessories of goods as prescribed;
c) Fail to supply instructions or fail to supply information about the conditions,
duration, location, warranty procedures in cases where the goods or services
covered with warranty as prescribed;
d) Fail to notify
exactly or fully consumers about model contracts, general transaction
conditions before conducting transactions as prescribed;
dd) Conceal
information or provide incomplete, false or inaccurate information to consumers
as prescribed.
2. A fine of between VND 20,000,000 and
30,000,000 shall be imposed on third parties who have one of violations on
providing information of goods or services to consumers as follows:
a) Provide
information incompletely or incorrectly about goods or services as prescribed;
b) Fail to have evidence
to prove or fail to perform all the measures prescribed by law in order to
verify the accuracy, the completeness of information about goods and services.
3. A fine of between VND 30,000,000 and
50,000,000 shall be imposed on owners of mass media, suppliers of communication
service that are third parties for one of following violations on providing
information of goods or services to consumers:
a) There is no
technical solution to prevent facilities and services managed by them from being
used for the purposes of harassing consumers;
b) Allow
organizations, individuals trading goods or services using facilities or
services under their management to harass the consumers;
4. Additional forms of penalties:
Deprive the right to use business licenses,
practice certificates, from 01 month to 06 months, or suspend activities, from
01 month to 06 months, for acts of violations specified in this Article in case
of repeated violations or recidivism.
5. Remedial measures:
Force to rectify information
which are not true or cause misleading for acts of violations specified in
Point dd, Clause 1 of this Article.
Article 67. Acts of violation on contracts
signed with consumers
1. A fine of between VND 5,000,000,000 and
10,000,000 shall be imposed on one of the following acts of violation:
a) Sign contracts
with the consumers in the forms or contractual languages which are improper
with regulations;
b) Fail to let
consumers to consider the entire contract before concluding in case of signing
contracts by electronic means as prescribed.
2. Remedial measures:
Force to amend the signed
contracts in accordance with the regulations, for violations specified at Point
a, Clause 1 of this Article.
Article 68. Acts of
violation on registration of model contracts or general transaction conditions
1. A fine of
between VND 20,000,000 and 30,000,000 shall be imposed on acts of failing to
comply with the requests of competent state agencies on cancellation or
modification of contents of model contracts, general transaction conditions
which violate law on protection of consumer rights or contrary to general
principles on concluding into contracts.
2. A fine of between VND 30,000,000 and
50,000,000 shall be imposed on one of the following acts of violation:
a) Fail to register
or re-register model contracts, general transaction conditions with the
competent state management agency to protect the rights of consumers under
regulations;
b) Fail to notify
consumers about changing model contracts or general transaction conditions as
prescribed.
3. Additional forms of penalties:
Deprive the right to use licenses, practice
certificates, from 01 month to 03 months, or suspend activities, from 01 month
to 03 months, for acts of violations specified in this Article.
Article 69. Acts of violation on form of model
contracts or general transaction conditions
1. A fine of
between VND 5,000,000 and 10,000,000 shall be imposed on acts of using model
contracts, general transaction conditions in dealing with customers which have
one of following violations:
a) There is a font
size smaller than as specified;
b) Contract
language is not Vietnamese, unless otherwise agreed by the parties or other
legal provisions;
c) Paper background
and ink colour reflecting the content of model contract or general transaction
conditions do not contrast each other.
2. Remedial measures:
Force to modify the violation
contents of the model contracts, general transaction conditions in accordance
with the provisions, for acts of violations specified at Clause 1 of this
Article.
Article 70. Acts of violation on performance of
model contracts or general transaction conditions
1. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on one of the following acts of violation:
a) Do not store the
model contracts signed until the contracts expires under regulations;
b) Do not give the
consumer a copy of the contract in case where the contract kept by the consumer
is lost or damaged as prescribed.
2. A fine of between VND 20,000,000 and
30,000,000 shall be imposed on one of the following acts of violation:
a) Fail to notify publicly
about the general transaction conditions before dealing with consumers as
prescribed;
b) General
transaction conditions do not clearly determine the date of application or are
not listed at the favourable places at transaction locations for consumers to
be able see as prescribed.
Article 71. Acts of violations
on signing contracts, general transaction conditions with consumers which have
invalid terms
1. A fine of
between VND 10,000,000 and 20,000,000 for traders of goods and services who
enter into contracts with consumers in which have invalid terms as prescribed.
2. A fine of
between VND 20,000,000 and 30,000,000 shall be imposed on violations specified
in Clause 1 of this Article in the case of model contracts, general transaction
conditions.
3. A fine of twice the fine prescribed in
clause 1 and clause 2 of this Article in case of acts of violations carried out
in the area of two centrally-run provinces or cities and more.
4. Remedial measures:
Force to pay back illicit benefits gained from
committing acts of violation specified in this Article.
Article 72. Acts of violation on
remote-concluded contracts
1. A fine of
between VND 10,000,000 and 20,000,000 shall be imposed on acts of signing
remote-concluded contracts with consumers for one of the following cases:
a) Fail to provide
full and clear information as prescribed;
b) Fail to refund
money within 30 days since the consumer declares unilateral termination of the
concluded contract or fail to pay interests on the amounts delayed in payment
to the consumer as prescribed.
2. Remedial measures:
Forcible payment of illicit benefits gained
from committing acts of violation specified in point b, clause 1 of this
Article.
Article 73. Acts of violation on supply of uninterrupted services
1. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on traders who provide uninterrupted services to
consumers with one of following acts of violations:
a) Fail to provide full and clear information
as prescribed;
b) Fail to sign written
contract or fail to provide the consumer with a copy of contract as prescribed;
c) Ask consumers
pay before services are provided to the consumer, unless the parties agree
otherwise
d) No prior notice
to the consumer within 03 working days before the date of discontinuance of the
service supply in case of repair, maintenance or other causes as prescribed,
except unforeseen circumstances or otherwise provided by law;
dd) Fail to timely check or settle in case
where the consumers notify about incidents or
complaint about the quality of service as prescribed;
e) Unilaterally
terminate the contract, stop providing services without plausible reason;
g) Refuse or hinder
the consumer to terminate the contract on service supply as prescribed;
h) Force consumers
to pay costs for part of services which have not been used.
2. Remedial measures:
Force to return the money paid
for unused services to consumers for acts of violations specified at Point h,
Clause 1 of this Article.
Article 74. Acts of violation on door-to-door
sale contracts
1. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on traders who provide door-to-door sale of goods
commit one of following acts of violations:
a) Door-to-door sellers
do not introduce names of traders, telephone numbers, addresses, head offices
or addresses of entities that are responsible for proposals of signing
contracts.
b) Door-to-door
sellers deliberately get in touch with consumers to propose signing contracts
in case the consumer has refused;
c) Refuse consumers
from withdrawing their agreements in case the consumers send written notice on
the withdrawal of their agreements within 03 working days from the date of
signing of the contract;
d) Force consumers
to pay or to perform other obligations under the contract before the expiry of
03 working days from the date of signing of the contract, unless otherwise
provided by law;
dd) Disclaimer for
sales activities of the door-to-door sellers in case such sellers cause damages
to the consumers.
2. Remedial measures:
Force to pay back illicit benefits obtained
from committing acts of violation specified in point d, clause 1 of this
Article.
Article 75. Acts of violation on
responsibilities of goods warranty
1. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on traders selling goods who commit one of
following acts of violations in case goods covered with warranty with a value
of under VND 20,000,000:
a) Fail to supply
for consumers with warranty documents, clearly stating the time and conditions
for performance of warranty;
provide the consumers
with goods, components or similar accessories for temporary use or no other
form of settlement accepted by consumers during
the period of performing warranty;
c) Fail to change
new or similar goods, components and accessories or withdraw goods and return
money to consumers in case the time of goods, component and accessory warranty
is expired but not repair or not fix defects;
d) Fail to change new or similar goods,
components and accessories or withdraw goods, components, accessories and
return money to consumers in case conducted the warranty for goods, components,
accessories for 03 times and more within the period of warranty but still
unable to fix defects;
dd) Fail to pay
costs for repair or transport of goods, components or accessories to warranty
places and from warranty places to residential places of consumers;
e) Fail to conduct
or conduct improperly or conduct incompletely responsibilities of warranty for goods,
components, accessories committed with consumers;
g) Disclaimer of
warranty goods, components and accessories for the consumer in case empowered
to other organizations or individuals to perform warranty.
2. A fine of between VND 10,000,000 and VND 20,000,000
shall be imposed on acts of violations specified in clause 1 of this Article in
case where goods, components or accessories have a value of between VND
20,000,000 and under VND 50,000,000.
3. A fine of between VND 20,000,000 and VND
30,000,000 shall be imposed on acts of violations specified in clause 1 of this
Article in case where goods, components or accessories have a value of between
VND 50,000,000 and under VND 100,000,000.
4. A fine of between VND 30,000,000 and VND
40,000,000 shall be imposed on acts of violations specified in clause 1 of this
Article in case where concerned goods, components or accessories have a value
of between VND 100,000,000 and under VND 500,000,000.
5. A fine of between VND 40,000,000 and VND
50,000,000 shall be imposed on acts of violations specified in clause 1 of this
Article in case where concerned goods, components or accessories have a value
of between VND 500,000,000 and under VND 1,000,000,000.
6. A fine of between VND 50,000,000 and VND
70,000,000 shall be imposed on acts of violations specified in clause 1 of this
Article in case concerned goods, components or accessories have a value of
between VND 1,000,000,000 and under VND 2,000,000,000.
7. A fine of between VND 70,000,000 and VND
100,000,000 shall be imposed on acts of violations specified in clause 1 of
this Article in case where concerned goods, components or accessories have a
value of VND 2,000,000,000 and more.
1. A fine of between VND 10,000,000 and
30,000,000 shall be imposed on traders manufacturing, importing goods with
defects who commit one of following acts of violations:
a) Fail to take necessary measures in order to
stop the supply of goods with defects on the market;
b) Fail to comply with the withdrawal of goods
with defects according to contents already been publicly notified or fail to
pay costs occurred during the withdrawing process.
2. A fine of between VND 30,000,000 and
50,000,000 shall be imposed on traders manufacturing, importing goods with
defects who commit one of following acts of violations:
a) Fail to notify publicly about goods with
defects and the withdrawal of such goods as prescribed;
b) Fail to notify about results of withdrawal
of goods with defects to competent state management agencies about the
protection of customer rights as prescribed.
3. Remedial measures:
Force to withdraw goods with defects for acts
of violations specified in Clause 1 of this Article.
Article 77. Acts of violation on providing
evidence of transaction
1. A warning or a fine of between VND 200,000
and VND 500,000 for one of the following violations in the case where goods and
services of transactions has a value of less than VND 2,000,000:
a) Fail to make or provide to customers or
consumer with bills, documents or materials relating to the transaction when
selling goods or providing services as prescribed;
b) Not allow
customers and consumers to access, download, store and print invoices,
vouchers, documents in cases transactions are done via electronic means.
2. A fine of between VND 500,000 and 1,000,000
shall be imposed on violations specified in Clause 1 of this Article in the
case where goods or services of a transaction has a value of between VND
2,000,000 and less than VND 10,000,000.
3. A fine of between VND 1,000,000 and
5,000,000 shall be imposed on violations specified in Clause 1 of this Article
in the case where goods or services of a transaction has a value of between VND
10,000,000 and less than VND 20,000,000.
4. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on violations specified in Clause 1 of this Article
in the case where goods or services of a transaction has a value of between VND
20,000,000 and less than VND 50,000,000.
5. A fine of between VND 10,000,000 and
20,000,000 shall be imposed on violations specified in Clause 1 of this Article
in the case where goods or service of a transaction has a value of between VND
50,000,000 and less than VND 100,000,000.
6. A fine of between VND 20,000,000 and
30,000,000 shall be imposed on violations specified in Clause 1 of this Article
in the case where goods or service of a transaction has a value of between VND
100,000,000 and less than VND 200,000,000.
7. A fine of between VND 30,000,000 and
40,000,000 shall be imposed on violations specified in Clause 1 of this Article
in the case where goods or service of a transaction has a value of between VND
200,000,000 and less than VND 500,000,000.
8. A fine of
between VND 40,000,000 and 50,000,000 shall be imposed on violations specified
in Clause 1 of this Article in the case where goods or service of a transaction
has a value of VND 500,000,000 and more.
Article 78. Acts of violation on harassing
consumers
1. A warning or fine of between VND 500,000 and
2,000,000 shall be imposed on traders providing goods or services who have one
of following acts of violations:
a) Harass consumers
through marketing goods or services contrary to the wishes of consumers 02
times or more;
b) Have acts of
hindering, affecting the work, the normal life of the consumers.
2. Additional forms of penalties:
Confiscate the material evidence, means used to
commit violations for acts of violations specified in clause 1 of this Article.
Article 79. Acts of violation on forcing
consumers
1. A fine of between VND 10,000,000 and
30,000,000 shall be imposed on one of following acts of forcing consumers as
follows:
a) Use forces or
threaten to use forces or other acts causing damage to health, honour,
prestige, dignity and property of consumers to force transactions;
b) Take advantages
of difficult circumstances of consumers or exploit natural disasters, epidemics
to force transactions;
2. Additional forms of penalties:
Confiscate the material evidence, violated
means for acts of violations specified in clause 1 of this Article.
3. Remedial measures:
Force to pay back illicit benefits obtained
from committing acts of violation specified in this Article.
Article 80. Other acts of violation in
relationship with customers or consumers
1. A warning or fine of between VND 500,000 and
1,000,000 shall be imposed with one of following acts in case where goods or
service of a transaction has a value of under VND 5,000,000:
a) Not compensate,
refund money or change goods or services with customers, consumers by mistakes;
b) Exchange
fraudulently, cheat on goods or services when delivering goods or providing
services to customers or consumers;
c) Not compensate, refund money or change goods
or services which are fraudulently exchanged or cheated to customers,
consumers;
d) Arbitrarily cut down the packaging, spare parts, replacement parts, promotional goods,
technical documentation and manuals enclosed when selling goods or providing
services.
2. A fine of between VND 1,000,000 and
5,000,000 shall be imposed on violations specified in Clause 1 of this Article
in case where goods or service of a transaction has a value of between VND
5,000,000 and less than VND 20,000,000.
3. A fine of between VND 5,000,000 and
10,000,000 shall be imposed on violations specified in Clause 1 of this Article
in case where goods or service of a transaction has a value of between VND
20,000,000 and less than VND 50,000,000.
4. A fine of between VND 10,000,000 and
15,000,000 shall be imposed on violations specified in Clause 1 of this Article
in case where goods or service of a transaction has a value of between VND
50,000,000 and less than VND 100,000,000.
5. A fine of between VND
15,000,000 and 20,000,000 shall be imposed on violations specified in Clause 1
of this Article in case where goods or services of a transaction has a value of
VND 100,000,000 or more
6. Additional sanctions:
Deprive the right to use the
business license, certificate of business eligibility, practice certificates,
from 01 month to 03 months, or suspend the operation of a term of 01 month to
03 months, for acts of violations specified in this Article in case of repeated
violations or recidivism.
7. Remedial
measures:
Force to pay back the benefits
gained from committing acts of violation of provisions of this Article.
SECTION 11. ACTS OF VIOLATION
ON E-COMMERCE
Article 81. Acts of violation
on setting up e-commerce websites
1. A fine of between VND
5,000,000 and 10,000,000 shall be imposed on one of acts of violations as
follows:
a) Provide information
incompletely or wrongly when notifying competent state agencies about the
setting up e-commerce website for selling goods as prescribed;
b) Fail to notify about
amendments, supplementations when having changes of information pertaining to
e-commerce website for selling goods as prescribed;
c) Disclose
the registered information on website providing e-commerce services which do
not consistent with the registered contents with competent state agencies;
d) Fail
to comply with provisions on forms, specifications to disclose information on
the website which provides e-commerce services.
2. A fine of between VND
10,000,000 and 20,000,000 shall be imposed on one of acts of violation as
follows:
a) Set
up e-commerce websites to sell goods without notifying the competent state
agencies as prescribed;
b) Fail to send notification on amendments or supplementations when there
is a change of information pertaining to the website providing e-commerce
services which was registered with the competent state agencies as prescribed.
3. A fine of between VND
20,000,000 and 30,000,000 shall be imposed on one of acts of violation as
follows:
a) Set
up a website providing e-commerce services without confirmation on the
registration as prescribed;
b) Receive the assignment of the
website offering e-commerce services without
implementation of the assignment procedures or re-registration of its domain
name;
c) Deploy
the supply of e-commerce services which is not right with registration
documents;
d) Dishonesty
or provide false information when registering a website providing e-commerce
services;
dd) Falsify
registered information on the website which offers e-commerce services;
e) Continue
providing e-commerce services after terminating or cancelling the registration.
4. Additional penalties:
Suspend e-commerce activities,
from 06 months to 12 months, for acts of violations specified in clauses 1, 2
and points a, b, c and d Clause 3 of this Article in cases of repeated
violations or recidivism.
5. Remedial measures:
Force
to withdraw the domain “.vn" of e-commerce websites for acts of violations
specified at Points b, c, dd and e, Clause 3 of this Article.
Article 82. Acts of violation
on information and transaction on e-commerce websites
1. A fine of between VND
5,000,000 and 10,000,000 shall be imposed on one of acts of violation as
follows:
a) Fail
to provide complete information to customers about merchants, organizations or
individuals that own websites, information about goods, services, prices,
transportation, forwarding, payment method, the terms of contracts and general
transaction conditions before customers enter into contracts using the online
ordering function on e-commerce websites;
b) Not
allow clients to review, supplement, modify or confirm the contents of the
transaction before using the online ordering function on e-commerce sites to
send the proposal for entering into contracts;
c) Set
up a website providing e-commerce services or websites providing online
services without disclosure of information clearly and completely on processes
and procedures for termination of contracts as prescribed;
d) Use
links to provide information which is contrary or falsified in comparison with
the published information in areas incorporating a link to this website;
dd) Intervene
in operating systems and Internet browsers in the electronic equipment
accessing to the website in order to force customers to save the website in
contrary to their wishes.
2. A fine of between VND
10,000,000 and 20,000,000 shall be imposed on one of acts of violations as
follows:
a) Provide falsified information
about traders, organizations, individuals that own the websites, information on
goods, services, prices, transportation, forwarding, payment methods, terms of
contracts and general transaction conditions on e-commerce websites;
b) Not allow clients to store
information which confirmed the contents of the transaction after entering into
contracts by using the online ordering function on e-commerce websites;
c) Set
up websites providing e-commerce services or other websites providing online
services without providing online tools to clients for them to send requests to
terminate the contract when they have no demand in using services anymore;
d) Implement
online payment function on ecommerce websites but there are no mechanisms for
clients to review and confirm detailed information of each payment transaction
before using this function to make the payments;
dd) Fail
to store data on the payment transactions made through its systems in
accordance with the time limits as prescribed.
3. A fine of between VND
20,000,000 and 30,000,000 shall be imposed on one of acts of violations as
follows:
a) Use
links, logos or other technology to cause confusion about the relationships
with other merchants, organizations and individuals;
b) Use
the logo of the program evaluating the prestige of e-commerce websites when
website has not yet been accredited officially by these programs;
c) Falsify
information of other traders, organizations and individuals to participate in
e-commerce activities;
d) Not
implement measures to ensure the safety and security for payment transactions
of customers.
4. A fine of between VND
30,000,000 and 40,000,000 shall be imposed on one of acts of violation as
follows:
a) Forge
or copy the interfaces of e-commerce websites of other merchants, organizations
and individuals to make profit or to cause confusion or to lose confidence of
customers with such merchants, organizations and individuals;
b) Steal,
use, disclose, transfer, sell information related to trade secrets of other
traders, organizations, or personal information of consumers in e-commerce
without the consent of relevant parties.
5. A fine of between VND
40,000,000 and 50,000,000 shall be imposed on one of acts of violation as
follows:
a) Cheat customers of e-commerce website;
b) Take advantages of e-commerce trading operation to raise funds illegally
from other traders, organizations or individuals;
c) Take
advantages of e-commerce services to trade counterfeited goods, goods or
services infringing intellectual property rights or goods and services banned
from business.
6. Additional penalties:
a) Confiscate material evidence,
means used to commit acts of violation as prescribed in clauses 4 and 5 of this
Article;
b) Suspend
e-ecommerce operations, from 06 months to 12 months, for acts of violations
specified in Clauses 4 and 5 of this Article.
7. Remedial measures:
a) Rectify
information which is untrue or cause confusions for acts of violations
specified at Point a, Clause 2, points a, b and c, Clause 3 and point a clause
4 of this Article;
b) Force
to withdraw the domain name ".VN" of e-commerce websites for acts of
violations specified in Clauses 4 and 5 of this Article;
c) Force to submit illegal
benefits which were gained from conducting acts of violation specified in
clauses 4 and 5 of this Article.
Article 83. Acts of violation
on provision of e-commerce services
1. A fine of between VND
10,000,000 and 20,000,000 shall be imposed on one of acts of violation as
follows:
a) Set
up online ordering function on the website providing e-commerce services to
enable merchants, organizations and individuals to enter into contracts, but
the process of concluding those contracts do not comply legal provisions;
b) Fail
to guarantee the safety of personal information of consumers and information
related to trade secrets of traders, organizations and individuals that are
involved in transactions on the website providing e-commerce services;
c) Fail
to support customers to protect their legitimate rights and interests when
conflicts with the sellers arise in transactions on websites providing
e-commerce services;
d) Fail to publish on the website clearly the process of receiving,
responsibility for handling of customers’ complaints and the dispute resolution
mechanism related to contracts concluded on the online promotion website;
dd) Fail to public mechanism for resolving disputes arising in the course of
conducting transactions on e-commerce transactions floors and online auctions
websites.
2. A fine of between VND
20,000,000 and 30,000,000 shall be imposed on one of acts of violations as
follows:
a) Fail to disclose regulations
or disclose regulations on websites which are different with information in the registration dossiers of websites providing e-commerce
services certified by competent state management agencies;
b) Change
contents of the website regulations which provide e-commerce services but fail
to inform to the subjects who use those services before apply those changes;
c) Fail
to request merchants, organizations and individuals being sellers on websites
that provide e-commerce services in order to supply information as prescribed;
d) Fail
to store the registered information of traders, organizations or individuals
engaged in websites providing e-commerce services;
dd) Fail to notify complete
information on goods, services being promoted on the online promotion websites
as prescribed;
e) Set
up online auction websites but do not provide tools for the sellers to notify
or list publicly, completely or exactly necessary information pertaining to
auction goods, including pictures of goods and the accompanying introduction
documents;
g) Set
up online auction websites but the technical systems serving the online auction
operation do not comply with legal provisions.
3. A fine of between VND
30,000,000 and 40,000,000 shall be imposed on one of acts of violations as
follows:
a)
Fail to apply handling measures when detecting or receiving reports on trading
acts which violate legal provisions on the websites providing e-commerce
services;
b) Fail
to provide information and support the state management agencies investigating
trading acts which violate legal provisions on the websites providing
e-commerce services;
c) Not
conduct obligations in doing statistics or reports as prescribed.
4. A
fine of between VND 40,000,000 and 50,000,000 shall be imposed on acts of
organizing business, marketing network for e-commerce services in which each
participant must pay an initial sum of money to purchase services and receive
commissions, bonuses or other economic benefits from mobilizing others to join
the networks.
5. Additional penalties:
a) Confiscate material evidence,
means of violations being used to commit acts of provisions as prescribed in
clause 4 of this Article;
b) Suspend e-ecommerce
operations, from 06 months to 12 months, for acts of violations specified in
Clause 4 of this Article.
6. Remedial measures:
a) Force to withdraw the domain
name ".VN" of e-commerce websites for acts of violations specified in
Clause 4 of this Article;
b) Force to submit illegal
benefits gained from conducting acts of violations as prescribed in clause 4 of
this Article.
Article 84. Acts of violation
on protection of personal information in e-commerce activities
1. A fine of between VND
5,000,000 and 10,000,000 shall be imposed on one of acts of violations as
follows:
a) Develop
policies to protect personal information which is contrary to regulations;
b) No
show to consumers the policies protecting personal information before or at the
time of collecting information;
c) Fail
to check, update, amend or cancel personal information upon being requested by
the subject of information.
2. A fine of between VND
10,000,000 and 20,000,000 shall be imposed on one of acts of violations as follows:
a) Do
not set up a mechanism for receiving and resolving complaints from consumers
regarding the use of personal information which is improper with purpose or
notified scope;
b) Not
build, promulgate and implement policies to ensure safety and security for the
collection and use of personal information of consumers.
3. A fine of between VND
20,000,000 and 30,000,000 shall be imposed on one of acts of violations as
follows:
a) Collect
personal information of consumers without the prior consent of the subject of
information;
b) Set
up a default mechanism to force consumers to agree with the fact that their
personal information be shared, disclosed or used for purposes of advertising
and other commercial purposes;
c) Use
the personal information of consumers improperly with the purpose and the
notified scope.
4. Additional penalties:
Suspend e-commerce activities,
from 06 months to 12 months for acts of violations specified in clause 3 of
this Article in cases of repeated violations or recidivism.
5. Remedial measures:
Force to submit illegal benefits
gained from conducting acts of violations specified in clause 3 of this
Article.
Article 85. Acts of violation
on activities of assessment, supervision and
certification in e-commerce
1. A fine of between VND 10,000,000
and 20,000,000 shall be imposed on one of acts of violations as follows:
a) Fail
to comply with process and criteria for evaluation, supervision and
certification as announced;
b) Fail to supervise activities
of e-commerce websites under its evaluation, supervision and authentication.
2. A fine of between VND 20,000,000 and 30,000,000
shall be imposed on one of acts of violation as follows:
a) Provide services on
assessment, supervision and authentication in electronic commerce which do not
comply with registration or licensing dossiers;
b) Fail to perform statistical
obligations, reports as prescribed.
3. A fine of between VND
30,000,000 and VND 40,000,000 shall be imposed on one of following acts of
violation:
a) Provide services on
assessment, supervision and certification in e-commerce when having not yet
been certified the registration or licensed as prescribed;
c) Cheat or provide false
information when registering or applying for a license to provide services on
assessment, supervision and certification in e-commerce;
c) Fail to coordinate with state
management agencies in inspection, testing and handling e-commerce websites
which have been associated with prestigious logos but have signs of violations;
d) Fail to coordinate with state
management agencies in the inspection, testing and handling traders,
organizations which have been certified with policies on protection of personal
information but have signs of law violation;
dd) Not supply documents and
support state management agencies in investigating acts of violations
pertaining to its electronic documents being stored and certified.
4. A fine of between VND
40,000,000 and VND 50,000,000 shall be imposed on one of following acts of
violation:
a) Take advantage of evaluation,
supervision and authentication in e-commerce to get illicit profits;
b) Continue to operate after
having terminated or having been cancelled registration, having terminated or
having been revoked the operating licenses on assessment, supervision and
authentication in e-commerce.
5. Additional forms of
penalties:
a) Deprive the right to use the
operating licenses on assessment and certifications on policies to protect
personal information, licenses certifying e-contracts in e-commerce, from 06
months to 12 months, for acts of violations specified in point b, Clause 3 and
point a, clause 4 of this Article;
b) Suspend activities of
prestigious assessment of e-commerce websites, from 06 months to 12 months, for
acts of violations specified at Points a and b, Clause 3 and Point a, Clause 4
of this Article.
6. Remedial measures:
Force to submit illegal benefits
gained from committing acts of violations specified in Clause 4 of this
Article.
SECTION 12. ACTS OF VIOLATION
IN SETTING UP AND CONDUCTING COMMERCIAL ACTIVITIES OF FOREIGN TRADERS AND
FOREIGNERS IN VIETNAM
Article 86. Acts of violation
in setting up and operation of representative offices of foreign traders in
Vietnam (below collectively referred to as representative offices)
1. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed on one of following acts of
violation:
a) Fail to operate within the
prescribed time limit after being granted with the license on setting up a
representative office;
b) Fail to perform or perform
improperly provisions on publication on newspapers to notify about operation of
the representative offices or contents published on newspapers are not correct
or incomplete as prescribed;
c) Fail to notify competent
state agencies within the prescribed time limit on the opening operation at its
registered head office;
d) Declare dishonestly contents
of the proposal documents for the issuance, re-issuance, amendment,
supplementation, extension of licenses for establishment of representative
offices;
dd) Fail to perform or perform
improperly with provisions on publication on newspapers or listing publicly
about the termination of operation of representative offices.
2. A fine of between VND
10,000,000 and VND 20,000,000 shall be imposed on one of following acts of
violation:
a) Have no location for the head
office of a representative office or sublease of the head office of a
representative office or operation which do not comply with the address stated
in the license;
b) Fail to perform periodic
reports or report dishonestly on the activities of the representative office
with the competent state management agency that has granted the license as
prescribed;
c) Fail to submit reports or
provide documents or explanations about issues related to the operation of a
representative offices at the request of the competent state agencies as
prescribed;
d) Fail to carry out procedures
for amendment, supplementation or re-issuance of a license for setting up a
representative office as prescribed;
dd) Stop operation in excess of
the prescribed time limit without notice to the competent state management
agencies as prescribed;
e) Self-write additionally,
erase or modify contents of the license on setting up the representative office
already been granted.
3. A fine of between VND
20,000,000 and VND 30,000,000 shall be imposed on one of following acts of
violation:
a) To forge papers, documents in
the application dossier for the issuance, re-issuance, amendment,
supplementation, extension of the license for setting up a representative
office;
b) Operate improperly with
contents recorded in the license of the representative office;
c) Conduct promotions or hire
other traders to conduct promotions in Vietnam for traders that they represent;
d) Direct display and introduce
goods and services of a foreign trader that they represent at a location which
is not the head office of the representative office or display, introduce goods
or services of a foreign trader that they represent without the authorization
of such trader;
dd) Perform additional function
of representing other foreign traders;
e) The chief of a representative
office concurrently is the head of a branch of such foreign trader in Vietnam;
g) The chief of a representative
office concurrently is the legal representative of a foreign trader to sign
contracts without the written authorization of such foreign trader;
h) The chief of a representative
office concurrently is the legal representative of an enterprise being
established according to laws of Vietnam;
i) The chief of a representative
office enter into, amend, supplement a contract which has already entered into
with a foreign trader without a valid written authorization of such foreign
trader for each conclusion, amendment, supplementation unless otherwise
permitted by laws;
k) Hire, borrow or rent, lend a
license on setting up a representative office.
4. A fine of between VND
30,000,000 and VND 50,000,000 shall be imposed on one of following acts of
violation:
a) Continue operating after the
foreign trader stopped their operation;
b) Continue operating after the
competent state management authority withdrew its license for setting up of the
representative office or the license expired and refused for extension.
Article 87. Acts of violation
on setting up and operating representative offices of foreign trade promotion
organizations in Vietnam (below collectively referred to as offices)
1. A fine of between VND
10,000,000 and VND 20,000,000 shall be imposed on one of following acts of
violation:
a) Declare dishonestly or
incorrectly contents of the application dossier for the issuance, re-issuance,
amendment, supplementation, extension of the license for setting up a
representative office;
b) Fail to notify competent
state agencies on the opening operation at the head office after being granted
with a license for setting up an office at the registered head office as
prescribed;
c) Fail to conduct notification
publicly on the operation of the office in Vietnam as prescribed;
d) Fail to conduct procedures
for amendment, supplementation of the license for setting up an office when
changing the head of the office, the location of the head office of a foreign
trade promotion organization, the location of the head office within a province
or centrally-run city, name or activities of the licensed office as prescribed;
dd) Fail to conduct procedures
for re-issuance of the license on setting up an office when changing location
of the head office to another province or centrally-run city or changing the
name, activities, location where registering the establishment of a foreign
trade promotion organization from a country to another country as prescribed;
e) Self-erase or amend contents
of the license for setting up the representative office granted;
g) Fail to have location of the
head office of a representative office or location of the head office of a
representative office does not consistent with location recorded in the license
for setting up the representative office;
h) Sublease the head office or
perform the representative function for another trade promotion organization.
2. A fine of between VND
20,000,000 and VND 30,000,000 shall be imposed on one of the following acts of
violation:
a) Fail to officially operate
within 06 months from the day of receiving the license on its establishment;
b) Stop operating in a consecutive
period of 06 months without notice to the competent state management agency
which granted the license of establishment;
c) Fail to submit a report or
submit a report which do not comply with the prescribed time limit or fail to
provide documents or explanations on matters pertaining to activities of the
office at the request of a competent state agency;
d) Operate improperly with
contents recorded in the license for setting up the office, except cases as
prescribed in Point b, Clause 3 of this Article;
dd) The head of the office
concurrently is the chief of the representative office of another foreign
trader or organization in Vietnam;
e) Stop operating before the
operation period recorded in the license when it is not approved by the
licensing agency yet;
g) Perform improperly provisions
of the State Bank of Vietnam on opening, using and closing the bank account of
the office;
h) Continue operating after the
license for setting up the office being revoked by the licensing agency or the
operating period recorded in the license for setting up the office is expired
but has not yet been extended;
i) Continue operating after its
foreign trade promotion organization stopped operating.
3. A fine of between VND
30,000,000 and VND 50,000,000 shall be imposed on one of following acts of
violation:
a) Set up more than a
representative office in Vietnam;
b) Set up an office which is
directly associated with a representative office of a trade promotion
organization in Vietnam;
c) Conduct activities relating
to trade promotion in Vietnam without setting up of a trade promotion
representative office;
d) Set up a trade promotion
representative office illegally in Vietnam;
dd) Conduct directly
profit-generating activities in Vietnam.
4. Remedial measures:
Force to submit illicit benefits
gained from conducting acts of violation specified in point h of clause 1 and
point dd of clause 3 of this Article.
Article 88. Acts of violation
on the establishment and commercial operation of Vietnam-based branches of
foreign traders (below collectively referred to as branches)
1. A fine of between VND
10,000,000 and VND 20,000,000 shall be imposed on one of following acts of
violation:
a) Fail to operate within the
prescribed time limit after receiving the license for setting up a branch;
b) Fail to perform or perform
improperly provisions on publication on newspapers to notify about operation of
a branch or contents published on newspapers are incorrect or incomplete as
prescribed;
c) Fail to notify competent
state management agencies within the prescribed time limit about the opening
operation at the registered head office;
d) Declare dishonestly contents
in the application dossier for the issuance, re-issuance, amendment,
supplementation, extension of the license for setting up a branch;
dd) Fail to perform or perform
improperly with provisions on publication on newspapers or listing publicly
when stopping operation of the branch.
2. A fine of between VND
20,000,000 and VND 30,000,000 shall be imposed on one of following acts of violation:
a) Fail to have the head office
of the branch or sublease the head office of the branch or operate improperly
with the location being recorded in the license;
b) Fail to conduct periodic
reports or report dishonestly on the activities of the branch with the
competent state management agency which granted the license as prescribed;
c) Fail to submit reports or
provide documents or explanation about issues related to the operation of a
branch at the request of the competent state agencies;
d) Fail to carry out procedures
for amendment, supplementation or re-issuance of a license for setting up a
branch as prescribed;
dd) Stop operation in excess of
the prescribed time limit without notifying the competent state agencies;
e) Self-write additionally, erase
or modify contents of the license for setting up the branch granted.
3. A fine of between VND
30,000,000 and VND 40,000,000 shall be imposed on one of following acts of
violation:
a) Falsify papers, documents in
the application dossier for issuance, re-issuance, amendment, supplementation
or extension of the license for setting up the branch;
b) Operate improperly with
contents recorded in the license for setting up the branch;
c) Perform the function of
representing other foreign traders;
d) The head of a branch
concurrently is the legal representative of a representative office of the same
foreign trader in Vietnam;
dd) The head of a branch
concurrently is the legal representative of a representative office, a branch
of other foreign traders in Vietnam;
e) Rent or lease the license for
setting up a branch.
4. A fine of between VND
40,000,000 and VND 50,000,000 shall be imposed on one of following acts of
violation:
a) Continue operating after the
foreign trader stopped operation;
b) Continue operating after the
competent state management agency withdraws its license for setting up the
branch or the license is expired but not been extended.
Article 89. Acts of violation
on goods sale and purchase activities or activities related directly to goods
sale and purchase of foreign-invested enterprises in Vietnam
1. A fine of between VND
10,000,000 and VND 20,000,000 shall be imposed on one of following acts of
violation:
a) Declare dishonestly contents
of the application dossier for the issuance, re-issuance, amendment,
supplementation, extension of the business license, license for setting up a
retail establishment;
b) Fail to declare the lost of
the business license or the license for setting up the retail establishment
with the competent state management agencies as prescribed;
c) Fail to submit reports,
provide documents or explanations on matters related to the operation of
enterprise with the competent state agencies as prescribed;
2. A fine of between VND
20,000,000 and VND 30,000,000 shall be imposed on one of following acts of
violation:
a) Fail to conduct procedures
for amendment, supplementation of the business license or the license for
setting up a retail establishment as prescribed when changing one of contents
recorded in the business license or the license for setting up a retail
establishment;
b) Fail to conduct procedures
for re-issuance of the business license or the license for setting up a retail
establishment in case where the business license or the license for setting up
a retail establishment is lost, ragged, crushed fired
or destroyed under other forms as prescribed.
3. A fine of between VND
30,000,000 and VND 40,000,000 shall be imposed on one of following acts of
violation:
a) Organize a network to buy
goods in Vietnam for export which is in contrary to legal provisions of Vietnam
and international treaties in which the Socialist Republic of Vietnam is a
contracting party;
b) Organize or participate in a
goods distribution system in Vietnam which is contrary to legal provisions of
Vietnam and international treaties in which the Socialist Republic of Vietnam
is a contracting party;
c) Trade goods or services which
do not comply with commitments on opening the market of Vietnam or legal
provisions of Vietnam;
dd) Operate out of scope of
contents recorded in the business license or the license for setting up a
retail establishment;
dd) Set up a retail
establishment in Vietnam illegally.
4. A fine of between VND
40,000,000 and VND 50,000,000 for the act of continuing its operation after the
competent state management agency withdraws its business license or its license
for setting up a retail establishment or its business license or its license
for setting up a retail establishment is expired, not been extended.
5. Additional forms of
penalties:
Deprive the right to use its
business license or its license for setting a retail establishment, from 01
month to 06 months, or suspend its operation, from 01 month to 06 months, for
acts of violations specified in clause 3 of this Article.
6. Remedial measures:
Force to submit illicit benefits
gained from conducing acts of violation specified in clause 3 and clause 4 of
this Article.
Article 90. Acts of violation
on performance of the export right, the import right of foreign traders without
their presence in Vietnam
1. A fine of between VND
10,000,000 and VND 20,000,000 shall be imposed on one of following acts of
violation:
a) Declare dishonestly contents
in the application dossier for issuance, re-issuance, amendment,
supplementation or extension of a certificate on registration of the export
right and the import right;
b) Fail to register the contact
address with the competent state management agencies as prescribed;
c) Fail to conduct procedures
for amendment, supplementation, re-issuance or extension of the certificate on
registration of the export right and the import right as prescribed;
d) Fail to perform or perform
improperly provisions on the publication on mass media of Vietnam after being
granted or amended, supplemented or extended the certificate on registration of
the export right and the import right.
2. A fine of between VND
20,000,000 and VND 30,000,000 shall be imposed on one of following acts of
violation:
a) Fail to submit annual reports
or ad-hoc reports at the request of the
competent state management agencies on situation of export or import of the
trader as prescribed or fail to report completely, accurately or in the
prescribed time limit;
b) Fail to send notification on
the termination of its operation to the state agency which granted the
certificate on registration of the export right and the import right or fail to
send notification timely before the date expected to terminate its operation as
prescribed;
c) Fail to perform or perform
improperly with provisions on the public notification on mass media in Vietnam
when expecting to terminate its operation.
3. A fine of between VND
30,000,000 and VND 40,000,000 shall be imposed on one of following acts of
violation:
a) Falsify papers, documents in
the application dossier for issuance, re-issuance, amendment, supplementation
or extension of a certificate on registration of the export right and the
import right;
b) Purchase goods for export
from or sell the imported goods to Vietnamese traders which do not register
their business for such a category of goods;
c) Export a category of goods
which is not under the category of goods permitted to export as recorded in the
certificate on registration of the export right and the import right granted,
amended, supplemented or extended;
d) Import a category of goods
which is not under the category of goods permitted to import as recorded in the
certificate on registration of the export right and the import right granted,
amended, supplemented or extended;
4. A fine of between VND
40,000,000 and VND 50,000,000 shall be imposed on acts of exporting, importing
goods that the state management agency has withdrawn the certificate on
registration of the export right and the import right or the certificate on
registration of the export right and the import right is expired but not been
extended.
5. Additional forms of
penalties:
Confiscate material evidence for
acts of violation specified in point d, clause 3 and clause 4 of this Article.
6. Remedial measures:
Force to remove out of the
territory of Vietnam at the import border gate or force to re-export the
material evidence for acts of importing goods specified in point d of clause 3
and clause 4 of this Article.
Article 91. Acts of violation
on illegal commercial activities of foreigners in the territory of Vietnam
1. A fine of between VND
5,000,000 and 10,000,000 shall be imposed on foreigners who have acts of
illegally selling in the territory of Vietnam duty-free imported consumer goods
for use according to the prescribed standards.
2. A fine of between VND
20,000,000 and VND 30,000,000 shall be imposed on foreigners who have acts of
illegal commercial operation in the territory of Vietnam.
3. A fine of between VND
40,000,000 and 50,000,000 shall be imposed on foreigners who fall in one of the
following cases:
a) Conduct illegal commercial
operation in an organized manner in the territory of Vietnam;
b) Consume illegally means of
moving, means of transport, informatics machines, office equipment or interior
equipment imported with tax exemption for use according to the prescribed
standards;
c) Consume illegally means of
moving, means of transport which temporarily entry into Vietnam.
4. Additional forms of
penalties:
Confiscate material evidence,
means of violation for acts of violation specified in this Article.
5. Remedial measures:
Force to submit illicit benefits
gained from conducing acts of violation specified in this Article.
SECTION 13. OTHER ACTS OF
VIOLATION IN COMMERCIAL ACTIVITIES
Article 92. Acts of violation
in multi-level marketing operation
1. A warning or a fine of
between VND 300,000 and VND 500,000 shall be imposed on a person who
participates in the multi-level marketing have one of following acts of
violation:
a) Fail to perform properly
provisions on objects permitted to participate in multi-level marketing;
b) Fail to present the card on
participation in multi-level marketing before introducing goods or marketing
goods;
c) Fail to notify completely
contents according to provisions when patronizing another person to participate
in the network of multi-level marketing.
2. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed on a person who participates in
the multi-level marketing having one of following acts of violation:
a) Fail to comply with
provisions on the operating regulations and the goods selling program of a
multi-level marketing enterprise registered with the competent state agency;
b) Use a person who participates
in the multi-level marketing network for introducing selling activities without
stating his/ her name, age, duration of participation and profits earned in
each period or fail to present invoices verified by a tax agency that collected
tax from such person.
3. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on a person who participates in multi-level
marketing requesting the person who are guaranteed by him / her participating
in the multi-level marketing network to pay any charges for a studying course,
a training course, a conference, a social activity or other similar activities.
4. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed on a person who participates in
the multi-level marketing having one of following acts of violation:
a) Provide false information on
benefits of the participation in multi-level marketing for other persons to
participate in the multi-level marketing;
b) Provide misleading
information about qualification, effects of goods for other persons to
participate in the multi-level marketing;
c) Provide misleading
information about activities of multi-level marketing traders to pursue other
persons to participate in the multi-level marketing.
5. A fine of between VND
10,000,000 and VND 20,000,000 shall be imposed on a multi-level marketing
trader who has one of following acts of violation:
a) Fail to build or notify
publicly the operational regulation of trader and persons who participate in
the multi-level marketing;
b) Fail to enter into a written
agreement with a participant or the agreement does not have complete basic
contents as prescribed;
c) Fail to issue a card for
participating in the multi-level marketing network to a participant or issue a
card which does not comply with the prescribed sample;
d) Fail to provide completely
information, documents as prescribed to a person who intends to participate in
the multi-level marketing network;
dd) Violate provisions on the
termination of an agreement on participation in multi-level marketing;
e) Fail to conduct deduction of
personal income tax of a participant to submit to the state budget before
paying commission, bonus or other economic benefits to such participant;
g) Fail to notify a participant
about goods which shall not be bought back by the enterprise before such
participant conducts his/ her purchase;
h) Fail to perform reporting
regime or report insufficiently, dishonestly, lately to the competent state
agencies as prescribed;
i) Fail to notify, fail to
provide completely or provide wrongly the list of participants in multi-level
marketing before these persons deploying their sales or developing their
multi-level marketing networks outside a centrally-run province or city where
the enterprise locating its head office to state management agencies as
prescribed;
k) Fail to compensate to
consumers or participants in cases as prescribed;
l) Fail to supervise regularly
activities of participants to make sure that participants perform properly with
the operational principals and goods sale programs of the enterprise;
m) Fail to train, refresh
multi-level marketing skills, laws on multi-level marketing for participants;
n) Train participants improperly
with the programs, locations, time of training as registered with competent
state agencies.
6. A fine of between VND
20,000,000 and VND 30,000,000 shall be imposed on a multi-level marketing
trader who has one of following acts of violation:
a) Withdraw or use a part or all
deposits which is contrary to the legal provisions, except case where
multi-level marketing operation has been terminated or suspended;
b) Reject, without plausible
reasons, to pay amounts of commissions, bonuses or other economic benefits that
participants are entitled to get;
c) Change contents of the goods
selling program without conducting procedures for proposing to issue
additionally the registration on multi-level marketing organization;
d) Fail to notify competent
state management agencies where a goods selling network is developed when
developing a goods selling network to provinces or centrally-run cities where
the enterprise's head office is not located as prescribed;
dd) Fail to perform obligations
as prescribed when suspending or terminating activities;
e) Provide purposely dishonest
information in the application dossier for issuance of the registration on
multi-level marketing.
7. A fine of between VND
40,000,000 and VND 50,000,000 shall be imposed on a multi-level marketing
trader who has one of following acts of violation:
a) Organize multi-level
marketing without registration on multi-level marketing organization granted by
a competent state agency;
b) Fail to perform properly provisions
on goods being permitted to trade according to multi-level marketing method.
8. Additional forms of
penalties:
a) Confiscate material evidence
for acts of violation specified in point b, clause 7 of this Article;
b) Deprive the right to use its registration
on multi-level marketing organization, from 01 month to 03 months, or suspend
its operation, from 01 month to 03 months, for acts of violations specified in
between clause 5 and clause 7 of this Article.
9. Remedial measures:
a) Force to correct information
which is untrue or causes confusion for acts of violation specified in points
b, c of clause 4 of this Article;
b) Force to submit illicit
benefits gained from conducing acts of violation specified in this Article.
Article 93. Acts of violation
on trading in bidding of goods or services
1. A fine of between VND
1,000,000 and 3,000,000 shall be imposed on acts of inviting bids with
incomplete contents as prescribed.
2. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on acts of failing to make records
when opening a bid or contents of a bid opening record is improperly made as
prescribed.
3. A fine of between VDN 5,000,000 and VND 10,000,000 shall be
imposed on acts of amending the bid dossier after opening the bid.
4. For acts of violation on
bidding for goods or services pertaining to public procurement and use of the
state capital, provisions on sanctioning administrative violations in related
state management areas shall be applied.
5. Remedial measures:
a) Force to cancel bidding
results for violations specified in clauses 2 and 3 of this Article.
b) Force to submit illegal
benefits gained from conducting acts of violations as prescribed in clause 3 of
this Article.
Article 94. Acts of violation
on providing commercial assessment services
1. A warning or a fine of
between VND 500,000 and VND 1,000,000 shall be imposed on acts of authorizing
the assessment or re-authorizing the assessment without having a contract as
prescribed.
2. A fine of between VND
1,000,000 and 3,000,000 shall be imposed on acts of providing an assessment
service which goes beyond services registered in the certificate of business
registration or other papers granted or certified as prescribed.
3. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on one of following acts of
violation:
a) Providing an assessment
service which does not ensure conditions as prescribed;
b) Appoint assessors to conduct
commercial assessment who do not meet criteria as prescribed.
4. A fine of between VND 5,000,000
and VND 10,000,000 shall be imposed on one of following acts of violation:
a) Use professional seals on
assessment certificates when such seals have not been registered with the
competent state management agencies as prescribed;
b) Change, supplement professional
seals without re-registering with the competent state agencies as prescribed;
c) Fail to submit professional
seals to the competent state management agencies in case the registration of
professional seals is cancelled;
d) Conduct a commercial assessment
service in cases where such an assessment is concerned with the main rights and
interests of such an assessment enterprise and such an assessor.
5. Additional forms of
penalties:
a) Confiscate material evidence
for acts of violation specified in clause 4 of this Article;
b) Suspend activities, from 01
month to 03 months, for acts of violations specified in clauses 2, 3 and points
a, b, c and d of clause 4 of this Article, in cases of repeated violations or
recidivism.
6. Remedial measures:
Force to submit illicit benefits
gained from conducing acts of violation specified in this Article.
Article 95. Acts of violation
on providing commercial franchise
1. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed on acts of commercial franchise
which do not have contracts as prescribed.
2. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on one of following acts of
violation:
a) Declare dishonestly,
inaccurately contents in the application dossier for registration of commercial
franchise operation;
b) Language and main contents of
commercial franchise contracts which are improper with provisions;
c) Provide dishonest
information, information with incomplete compulsory contents in the
introduction of the commercial franchise;
d) Fail to provide or provide
incompletely, inaccurately information in commercial franchise activities as
prescribed;
dd) Fail to submit reports or
provide documents or report dishonestly or incompletely about matters
pertaining to commercial franchise activities at the request of the competent
state management agencies.
3. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed on one of following acts of
violation:
a) Fail to register commercial
franchise activities as prescribed;
b) Provide commercial franchise
when conditions have not satisfied yet as prescribed;
c) Fail to notify the competent
state management agencies on changes in commercial franchise activities as
prescribed.
4. A fine of between VND
10,000,000 and VND 30,000,000 shall be imposed on one of following acts of
violation:
a) Provide commercial activities
- for goods being applied with emergency measures as conditional circulation or
required to have licenses but fail to ensure conditions or to have licenses as
prescribed;
b) Continue providing commercial
franchise when the time limit of commercial franchise contracts is expired.
5. A fine of between VND
30,000,000 and VND 50,000,000 shall be imposed on acts of providing commercial
franchise of banned goods or services banned from trading, circulated goods
being applied with emergency measures of banning circulation or suspending
circulation.
6. Remedial measures:
Force to submit illicit benefits
gained from conducing acts of violation specified in this Article.
Article 96. Acts of violation
on goods processing in commerce
1. A warning or a fine of
between VND 500,000 and VND 1,000,000 shall be imposed on acts of placing
orders of processing goods in commerce or receiving the orders of processing
goods in commerce without contracts as prescribed.
2. A fine of between VND
10,000,000 and VND 30,000,000 shall be imposed on acts of placing orders of
processing or receiving orders of processing banned goods,
domestically-circulated goods being applied with emergency measures of banning
circulation or suspending circulation as prescribed.
3. Additional forms of
penalties:
Confiscate material evidence for
acts of violation specified in clause 2 of this Article.
4. Remedial measures:
Force to submit illegal benefits
gained from conducting acts of violations as prescribed in clauses 1 and 2 of
this Article.
Article 97. Acts of violation
on goods sale and purchase through the Goods Exchange Departments
1. A fine of between VND
1,000,000 and VND 3,000,000 shall be imposed on acts of staff of the goods
exchange Departments who conduct brokerages for goods sale and purchase through
the Goods Exchange Departments.
2. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on one of following acts of
violation:
a) Participate in activities of
goods sale and purchase through the Goods Exchange Departments in foreign
countries which do not comply with the road map, scope and conditions according
to legal provisions;
b) Conduct activities of goods
sale and purchase through the Goods Exchange Departments while not being a
trading member of the Goods Exchange Departments.
3. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed on staff of the Goods Exchange
Departments who has one of acts of violation as follows:
a) Fail to ensure for making
separate accounting for activities of goods sale and purchase through the Goods
Exchange Departments of each customer and of themselves;
b) Fail to keep the mandate
contracts for transactions, the mandate commands for transactions and requirements
of adjustments or cancellation of the mandate commands for transactions of
customers;
c) Fail to reserve completely
documents and accounts reflecting in details, precision of transactions for
customers and for themselves;
d) Fail to inform customs the
reasons for terminating their memberships and the performance of obligations of
customers according to the mandate contracts;
dd) Fail to perform or perform
improperly the notification of transactions for customers as prescribed;
e) Fail to sign the mandate
contracts in writing with customers according to legal provisions or perform
transactions for customers while they have not receive the mandate command for
transactions from customers;
g) Be brokers but without
contracts signed with customers as prescribed;
h) Take mandated transactions
from customers improperly with provisions.
4. A fine of between VND
10,000,000 and VND 30,000,000 shall be imposed on staff of the Goods Exchange
Departments who has one of acts of violation as follows:
a) Entice customers to sign
contracts by promising to compensate the whole or a part of damages arising or
guarantee a share of profits for customers;
b) Use artificial price and
other fraudulent measures while acting as a broker for customers;
c) Conduct brokerage activities
for goods purchase and sale through the Goods Exchange Departments while not
being a broker of the Goods Exchange Departments.
5. A fine of between VND
30,000,000 and VND 50,000,000 shall be imposed on staff of the Goods Exchange
Departments who has one of acts of violation as follows:
a) Fail to perform or perform
improperly escrow for transaction as prescribed;
b) Fail to perform improperly
provisions on the total transaction limit or the transaction limit;
c) Entice customers to sign
contracts by promising to compensate the whole or a part of damages arising or
guarantee a share of profits for customers;
6. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed on the Goods Exchange Departments
having one of following acts of violation:
a) Declare inaccurately or
untimely contents in the application dossier for issuance, re-issuance,
amendment or supplementation of the license for setting up a Goods Exchange
Department;
b) Refuse to accept the
membership of the Goods Exchange Department without a written response or fail
to state clearly reasons thereof.
7. A fine of between VND
10,000,000 and VND 30,000,000 shall be imposed on the Goods Exchange
Departments having one of following acts of violation:
a) Fail to notify the specific
time of transactions as prescribed;
b) Fail to notify the operation
charter, the license for setting up the Goods Exchange Department accredited,
granted, amended or supplemented by the competent state management agency;
c) Fail to conduct procedures
for requesting the re-issuance of the license for setting up the Goods Exchange
Department in case the license for setting up the Goods Exchange Department is
lost, ragged, fired or destroyed under other forms;
d) Fail to conduct procedures
for requesting the amendment, supplementation of the license for setting up the
Goods Exchange Department in case where there are changes in contents in the
license for setting up the Goods Exchange Department;
dd) Fail to notify or notify
untimely about cases of suspending transactions as prescribed;
e) Fail to notify, notify
incompletely or incorrectly the list and information of members of the Goods
Exchange Department; information on transactions and transaction commands on
goods purchase and sale through the Goods Exchange Department and other
information according to the operation charter of the Goods Exchange
Department;
g) Fail to perform or perform
inaccurately or incompletely provisions on periodic reports or ad-hoc reports
at the request of the competent state management agency regarding information
relating to activities of goods purchase and sale through the Goods Exchange
Department and members of the Goods Exchange Department at the time of
reporting;
h) Provide misleading news about
transactions, markets or prices of goods being sold or purchased through the
Goods Exchange Department.
8. A fine of between VND
30,000,000 and VND 50,000,000 shall be imposed on the Goods Exchange Department
having one of following acts of violation:
a) Use fake papers in the
application dossier for the establishment, amendment, supplementation or
re-issuance of the license for setting up the Goods Exchange Department;
b) Accept the membership for
traders who do not satisfy conditions as prescribed;
c) Fail to perform or perform
improperly escrow for transactions as prescribed;
d) Fail to establish the
internal control system, risk management and supervision, prevention of
internal interest conflicts and in transaction necessarily as prescribed;
dd) Allow members who have been
terminated their memberships to continue conducting activities of goods
purchase and sale through the Goods Exchange Department;
e) Organize transaction
activities for categories of goods which are not under the list of goods
announced by the competent state agency;
g) Fail to properly perform
provisions on the total transaction limit or the transaction limit;
h) Fail to properly conduct
transaction methods or principals for matching transaction commands or
disclosing information of transaction as prescribed.
9. Remedial measures:
Force to submit illicit benefits
gained from conducing acts of violation specified in this Article.
Article 98. Acts of violation
on doing business in supermarkets or commercial centers
1. A fine of between VND
3,000,000 and VND 5,000,000 shall be imposed on one of following acts of
violation:
a) Name the trading
establishment as supermarket or commercial center or similar words in a foreign
language which does not satisfy criteria as prescribed;
b) The operation regulation of
supermarket, commercial center does not reflect full contents according to
provisions or has not been approved by the competent state management agency;
c) Fail to list the operation
regulation at the supermarket or the commercial center;
d) Fail to make periodic or
ad-hoc reports on the situation of activities of the supermarket, the
commercial center at the request of the competent state management agency as
prescribed.
2. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed on one of following acts of
violation:
a) Fail to have a sign board for
the supermarket or the commercial center as prescribed;
b) Have a sign board for the
supermarket or the commercial center improperly with contents and forms as
prescribed;
c) Operate supermarkets or
commercial centers by enterprises which do not have business registration of
commercial activities as prescribed;
d) Goods traded in supermarkets
or commercial centers have no name of goods, services and name of supermarket
or commercial center as prescribed;
dd) Goods sold in supermarkets,
commercial centers having warranty regimes which do not state clearly the time
limit or locations for warranty as prescribed.
3. A fine of between VND
10,000,000 and VND 30,000,000 shall be imposed on acts of selling or purchasing
in supermarkets, commercial centers categories of goods which contain radioactive substances or radiation devices exceeding the
permitted levels; explosive materials, liquid chemicals, flammable
gases; veterinary medicines, insecticides and goods containing toxic chemicals
which are under the list of items restricted from trading as prescribed.
4. Additional forms of
penalties:
Suspend operation, from 01 month
to 06 months, for acts of violation specified in clause 3 of this Article.
Article 99. Violations of
regulations on sealing, seizing material evidence or means of violation
1. A fine of between VND
2,000,000 and VND 5,000,000 shall be imposed on acts of arbitrarily removing or
destroying seals on material evidence or means of violation which are being
sealed, seized or arbitrarily changing the scene of administrative violation.
2. A fine of between VND
5,000,000 and VND 10,000,000 shall be imposed on acts of changing, exchanging
fraudulently the material evidence or means which are being inspected, checked,
sealed or seized.
3. A fine of between VND
10,000,000 and VND 20,000,000 shall be imposed on acts of storing or keeping
illegally the material evidence or means which are being inspected, checked,
sealed or seized.
4. A fine of between VND
20,000,000 and VND 30,000,000 shall be imposed on acts of consuming, hiding or
destroying the material evidence or means which are being inspected, checked,
sealed or seized.
5. Remedial measures:
Force to withdraw the material
evidence, means of violation which have been hidden or force to submit an
amount of money which is equal to value of the material evidence, means of
violation which have been sold, hidden or destroyed for acts of violation
specified in clauses 3 and 4 of this Article.
Chapter 3.
COMPETENCY
IN MAKING RECORDS OF ADMINISTRATIVE VIOLATIONS AND SANCTIONING ADMINISTRATIVE
VIOLATIONS
Article 100. The competency
in making records of administrative violation
Persons who have competency in
imposing penalties on administrative violation specified from Article 101 and Article
103 of this Decree shall have competency to inspect, check, make records of
administrative violation for acts of administrative violation specified in this
Decree according to their functions, tasks and powers assigned.
Article 101. The competencies
of Chairpersons of the People’s Committees at all levels
1. The Chairpersons of the
ward-level People’s Committees have powers:
a) To impose warnings;
b) To impose a fine which is up
to VND 5,000,000;
c) Confiscate the material
evidence, means of administrative violation with a value not exceeding the fine
level specified in point b of this clause;
d) Apply remedial measures for
acts of administrative violation specified in this Decree according to
competencies provided in points a, b, c and dd of clause 1 of Article 28 of the
Law on handling of administrative violation.
2. The Chairpersons of the
district-level People’s Committees have powers:
a) To impose warnings;
b) To impose a fine which is up
to VND 50,000,000;
c) To deprive the right to use
the license, the practice certificate with a time limit or suspend the
operation with a time limit;
d) To confiscate the material
evidence, means of administrative violation with value not exceeding the fine
level specified in point b of this clause;
dd) To apply remedial measures
for acts of administrative violation specified in this Decree according to
competencies provided in points a, b, c, dd, e, h, i and k of clause 1 of
Article 28 of the Law on handling of administrative violation.
3. The Chairpersons of the provincial-level
People’s Committees have powers:
a) To impose warnings;
b) To impose a fine up to the
maximum level specified in this Decree;
c) To deprive the right to use
the license, the practice certificate with a time limit or suspend the
operation with a time limit;
d) To confiscate the material
evidence or means of administrative violation;
dd) To apply remedial measures
for acts of administrative violation specified in this Decree according to
competencies provided in clause 1 of Article 28 of the Law on handling of
administrative violation.
Article 102. The competencies
of the Market Control agencies
1. Market controllers on duty
have powers:
a) To impose warnings;
b) To impose a fine which is up
to VND 500,000.
2. The Chief of a Market Control
Squad have powers:
a) To impose warnings;
b) To impose a fine which is up
to VND 25,000,000;
c) To confiscate the material
evidence, means of administrative violation with a value not exceeding the fine
level specified in point b of this clause;
d) To apply remedial measures
specified in this Decree, except measures that force to remedy the environment
pollution situation, epidemic spreads and force to remove out of the territory
of Vietnam or force to re-export goods, items or means.
3. Directors of the Market
Surveillance Sub-Departments under the provincial Departments of Industry and
Trade, Heads of the Anti-smuggling Department, Heads of Anti-counterfeiting
Department, and Heads of Goods Quality Control under the Market Surveillance
Department shall have powers:
a) To impose warnings;
b) To impose a fine which is up
to VND 50,000,000;
c) To confiscate the material
evidence, means of administrative violation with a value not exceeding the fine
level specified in point b of this clause;
d) To deprive the right to use
the license, the practice certificate with a time limit or suspend the
operation with a time limit;
dd) To apply remedial measures
prescribed in this Decree.
4. The Chief of Market
Surveillance Department shall have powers:
a) To impose warnings;
b) To impose a fine up to the
maximum level specified in this Decree;
c) To confiscate the material
evidence or means of administrative violation;
d) To deprive the right to use
the license, the practice certificate with a time limit or suspend the operation
with a time limit;
dd) To apply remedial measures
prescribed in this Decree.
Article 103. The competency
of the People’s Police, Customs agencies, Border Guards, Maritime Police and
Specialized Inspection Agencies
1. Competent officials of the
People’s Police have competency in imposing penalties on administrative
violation, applying remedial measures for acts of administrative violation
prescribed in this Decree according to the competencies specified in Article 39
of the Law on handling of administrative violation and their functions, tasks,
powers assigned.
2. Competent officials of the
Customs agencies have competency in imposing penalties on administrative
violation, applying remedial measures for acts of administrative violation
regarding import, export of goods or services pertaining to the import, export
of goods and goods exchange between the border residents prescribed in this
Decree according to the competencies specified in Article 42 of the Law on
handling of administrative violation and their functions, tasks, powers
assigned.
3. Competent officials of the
border guards have competency in imposing penalties on administrative
violation, applying remedial measures for acts of administrative violation
regarding sale, purchase, and transport of goods through borders prescribed in
this Decree according to the competencies specified in Article 40 of the Law on
handling of administrative violation and their functions, tasks, powers
assigned.
4. Competent officials of the
maritime police have competency in imposing penalties on administrative
violation, applying remedial measures for acts of administrative violation
regarding sale, purchase or transport of goods through borders prescribed in
this Decree according to the competencies specified in Article 41 of the Law on
handling of administrative violation and their functions, tasks, powers
assigned.
5. Competent officials of the
inspection agencies prescribed in Article 46 of the Law on handling of
administrative violation have competency in imposing penalties on
administrative violation, applying remedial measures for acts of administrative
violation prescribed in this Decree according to the competencies specified in
Article 46 of the Law on handling of administrative and the management domains
of sector.
Article 104. Determination of
competency in imposing fines
The competency in imposing a
fine of officials who have competencies in imposing penalties on administrative
violation prescribed from Article 101 to Article 103 of this Decree is the
competency being applied with one act of administrative violation of an
individual; in case the act of violation is committed by an organization, the
competency in imposing a fine shall double the competency on imposing a fine
for an individual.
Chapter 4.
IMPLEMENTATION
PROVISIONS
Article 105. Implementation
effect
1. This Decree comes into effect
from 01 January 2014.
2. This Decree replaces:
a) The Government’s Decree No.
06/2008/ND-CP dated January 16, 2008, regarding the penalties on administrative
violations in commercial activities;
b) The Government’s Decree No.
112/2010/ND-CP dated December 01, 2010, regarding the amendment and
supplementation of a number of articles of the Government’s Decree No.
06/2008/ND-CP dated January 16, 2008, regarding the penalties on administrative
violations in commercial activities;
c) The Government’s Decree No.
107/2008/ND-CP dated September 22, 2008, stipulating the administrative
penalties on acts of speculating, hoarding,
increasing prices, spreading false information, smuggling and commercial fraud;
d) The Government’s Decree No.
06/2009/ND-CP dated January 11, 2009, regarding the penalties on administrative
violation in production and trade of wines and cigarettes;
dd) The Government’s Decree No.
76/2010/ND-CP dated July 12, 2010, regarding the amendment and supplementation
of Article 11 of The Government’s Decree No. 06/2009/ND-CP dated January 11,
2009 regarding the penalties on administrative violation in production and
trade of wines and cigarettes;
e) The Government’s Decree No.
19/2012/ND-CP dated March 16, 2012, stipulating the penalties on administrative
violation in the domain of protection of the consumer rights;
g) The Government’s Decree No.
08/2013/ND-CP dated January 10, 2013, stipulating the penalties on administrative
violation for acts of production or trade of fake goods.
Article 106. Transitional
provisions
For acts of administrative
violations in commercial activities, production, trade of fake goods, banned
goods and protection of the consumer rights occurred before the effective date
of this Decree, provisions on penalties which are favorable to violated
individuals and organizations shall apply.
Article 107. Implementation
Obligation
1. The Minister of Industry and
Trade shall be responsible for guiding the implementation of this Decree.
2. The Minister of Finance shall
be responsible for detailing the illegal benefits gained from conducting acts
of violation being forced to submit according to Article 37 of the Law on
handling of administrative violation and point dd, clause 5 of Article 4 of
this Decree.
3. Ministers, Heads of
ministerial-level agencies, Heads of governmental agencies, Chairpersons of
People’s Committees of provinces or centrally-run cities shall, within their
scopes of functions and tasks, be responsible for implementing this Decree./.
ON BEHALF OF THE
GOVERNMENT
THE PRIME MINISTER Nguyen Tan Dung |
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