Nghị định 185/2013/NĐ-CP xử phạt hành chính hoạt động thương mại sản xuất bảo vệ người tiêu dùng

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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);

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

5. Additional forms of
penalties:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

SECTION 7.
ACTS OF VIOLATION ON TRADE PROMOTION ACTIVITIES

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

b) Fail to 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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

Article
76. Acts of violation on responsibility in withdrawal of the goods with defects

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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.

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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:

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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;

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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

…

…

…

TVPL

Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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