Nghị định 126/2005/ND-CP

DECREE

PROVIDING FOR SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE FIELD OF MEASUREMENT AND PRODUCT AND GOODS QUALITY

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the October 6, 1999 Ordinance on Measurement;
Pursuant to the December 24, 1999 Ordinance on Goods Quality;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Science and Technology,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Decree provides for the sanctioning of administrative violations in the field of measurement and product and goods quality.

Administrative violations in the field of measurement and product and goods quality mean acts of intentionally or unintentionally violating legal provisions on state management in the field of measurement and product and goods quality which are committed by individuals, agencies or organizations (hereinafter referred to as individuals, organizations) but are, however, not crimes and must, according to legal provisions, be administratively sanctioned, including:

1. Violations of regulations on state management in the field of measurement:

a/ Violation of regulations on lawful units of measurement;

b/ Violation of regulations on expertise of means of measurement in production, business, import and repair;

c/ Violation of regulations on accreditation of expertising capability and authorized expertise of means of measurement;

d/ Violation of regulations on measurement of pre-packed commodities quantitatively determined by amount or volume;

e/ Violation of regulations on measurement with regard to measuring methods in retailing commerce;

f/ Violation of other provisions of law on measurement.

2. Violations of regulations on state management in the field of product and goods quality:

a/ Violation of regulations on publicization of product and goods quality standards;

b/ Violation of regulations on publicization of product and goods quality conformable to Vietnam standards, branch standards or other standards (hereinafter called publicization of standard conformable quality for short);

c/ Violation of regulations on certification of product and goods quality being conformable to Vietnam standards, branch standards or other standards (hereinafter called certification of standard-compatible quality);

d/ Violation of regulations on certification and accreditation of quality control systems;

e/ Violation of regulations on use of codes and bar codes;

f/ Violation of regulations on inspection of product and goods quality;

g/ Violation of other provisions of law on product and goods quality.

Article 2.- Subjects of application

1. Vietnamese individuals or organizations that commit acts of administrative violation in the field of measurement and product and goods quality shall be administratively sanctioned under the provisions of this Decree.

2. Foreign individuals or organizations that commit acts of administrative violation in the field of measurement and product and goods quality in the Vietnamese territory shall also be sanctioned under the provisions of this Decree, except otherwise provided for by treaties to which Vietnam has signed or acceded.

Article 3.- Sanctioning principles

1. All acts of administrative violation in the field of measurement and product and goods quality must be detected in time and stopped immediately. The sanctioning thereof must be conducted swiftly, fairly and resolutely. All consequences of acts of administrative violation must be redressed in accordance with the provisions of law. Individuals or organizations shall be administratively sanctioned only when they commit administrative violations specified by law.

2. The sanctioning of administrative violations in the field of measurement and product and goods quality must be conducted by persons with sanctioning competence, defined in Articles 25, 26 and 27 of this Decree.

3. An administrative violation in the field of measurement and product and goods quality shall be sanctioned only once; a person committing many acts of administrative violation in the field of measurement and product and goods quality shall be sanctioned for every act of violation. If the sanctioning form is a fine, fines shall be added up into a common fine and only one sanctioning decision is issued. If many persons jointly commit an act of administrative violation in the field of measurement and product and goods quality, each violator shall be sanctioned for such act and the persons with sanctioning competence shall base on the nature and severity of the violation, the personal records of violators, and extenuating and/or aggravating circumstances to issue a sanctioning decision for each person committing such act of administrative violation.

Article 4.- Forms of sanctioning administrative violations and remedial measures

1. For each administrative violation in the field of measurement and product and goods quality, violating individuals and organizations shall be subject to one of the following principal sanctioning forms:

a/ Caution: applicable to minor, first-time administrative violations involving extenuating circumstances;

b/ Fine: Basing on the nature and severity of the violations to decide on the fine levels within the prescribed fine bracket. Upon imposition of fine, the specific fine level for an act of administrative violation is the average of the fine bracket prescribed for such act; if extenuating circumstances are involved, the fine level may be reduced, but not lower than the minimum level of the fine bracket; if aggravating circumstances are involved, the fine level may be raised but must not be higher than the maximum level of the fine bracket.

Extenuating circumstances and aggravating circumstances in administrative violations in the field of measurement and product and goods quality shall comply with the provisions in Articles 8 and 9 of the Ordinance on Handling of Administrative Violations.

2. Depending on the nature and severity of violation acts, organizations and individuals committing administrative violations in the field of measurement and product and goods quality may also be subject to one of the following additional sanctioning forms:

a/ Definite or indefinite deprivation of the right to use decisions approving the model of means of measurement; decisions accrediting the measurement means-expertising capability (or expansion of the expertising scope); decisions authorizing the expertise of means of measurement (or expansion of the authorized expertising scope); decisions accrediting the measurement means-expertising capability; decisions extending the authorization of expertise of means of measurement; decisions on certification and grant of measurement expertiser’s card; decisions designating quality inspection organizations; quality standard conformity certificates or other permits, practice certificates issued by competent state bodies, competent persons in the field of measurement and product and goods quality;

b/ Confiscation of material evidences and means used for commission of administrative violations in the field of measurement and product and goods quality.

3. In addition to the above-mentioned principal and additional sanctioning forms, organizations and individuals committing administrative violations may also be subject to the application of one of the following remedial measures:

a/ Forced restoration of the original state altered by acts of administrative violations;

b/ Forced application of measures to redress the environmental pollution or epidemic spread caused by acts of administrative violation;

c/ Forced publicization of product and goods quality standards; forced publicization of standard conformity; forced certification of standard conformity;

d/ Forced abolition of seals, stamps in violation of regulations on standard compatibility; forced destruction of packages printed with marks in violation of regulations on standard conformity; forced rectification of untruthful contents of advertisement on mass media;

e/ Forced repair of means of measurement which are inaccurate, broken or not up to the prescribed requirements; forced recording, inscription in accordance with regulations on lawful units of measurement; forced repair, adjustment of means of measurement in strict accordance with approved technical norms; forced withdrawal of violating means of measurement which have been already put into circulation; forced re-export; ban on circulation of means of measurement imported in contravention of regulation;

f/ Forced expertise and completion of procedures for model approval within the prescribed time limit; forced completion of procedures for proposing the re-accreditation of expertising capability;

g/ Forcing traders to weigh or measure according to regulations; to re-pack or to additionally print the net quantity;

h/ Forced determination of the origin of means of measurement; forced re-packing with correct quantity according to regulations;

i/ Forced recycle, forced destruction or forced re-export, as provided for by law, of imported goods which cause serious consequences to human health, animals, safety, hygiene and environment; forced recycle or forced re-export of imported goods of quality lower than that prescribed by law or with expired use duration;

j/ Forced recycle or forced change of use purposes of home-made goods of a quality lower than that prescribed by law but without violating regulations on human health, animal, safety, hygiene and environment requirements; forced destruction or forced change of use purpose of goods with expired use duration;

k/ Forced recovery of stamps, expertise certificates, certificates of the right to use codes, bar codes or quality inspection results which are issued in contravention of regulations.

Article 5.- Statute of limitations for sanctioning and time limits for being considered having not yet been sanctioned for administrative violations

1. The statute of limitations for sanctioning the administrative violations specified in this Decree shall be one year counting from the date administrative violations are committed; the above time limit shall be two years for acts of administrative violation in dealing in exports, imports on the Prime Minister-issued list of products, goods subject to quality inspection. If the above-mentioned time limit has expired, a sanction shall not be imposed but remedial measures specified in Clause 3, Article 4 of this Decree must still be applied.

2. Individuals who have committed acts of law violation in the field of measurement and product and goods quality and been prosecuted or given decisions to bring their cases to trial according to criminal procedures, but are later given decisions on suspension of investigation or suspension of the cases and their acts are administrative violations shall be administratively sanctioned; within three days as from the date of issuing the decisions on suspension of investigation or suspension of the cases, the persons who have issued the decisions must send the decisions to the persons competent to sanction administrative violations in the field of measurement and product and goods quality; for this case, the statute of limitations for sanctioning administrative violations shall be three months as from the date the persons with sanctioning competence receive the suspension decisions and violation case files.

3. If, within the time limits specified in Clauses 1 and 2 of this Article, the violating individuals or organizations commit new acts of administrative violation in the field of measurement and product and goods quality or deliberately evade or obstruct the sanctioning, the above-said statute of limitations shall not apply; the statute of limitations for sanctioning shall be recounted from the time new acts of administrative violation are committed or the time the acts of evasion or obstruction are stopped.

4. If individuals or organizations sanctioned for administrative violations in the field of measurement and product and goods quality do not relapse into violations within one year counting from the date of completely serving the sanctioning decisions or from the date of expiration of the statute of limitations for executing sanctioning decisions, they shall be considered having not yet sanctioned for administrative violations.

Chapter II

FORMS AND LEVELS OF SANCTIONING OF ACTS OF ADMINISTRATIVE VIOLATION IN THE FIELD OF MEASUREMENT

Article 6.- Acts of violating regulations on measurement in the manufacture of means of measurement on the list of those subject to expertise, promulgated by the Ministry of Science and Technology

1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for an act of failing to make primary expertise of means of measurement upon delivery for sale.

2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for an act of manufacturing means of measurement at variance with the approved models thereof.

3. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for an act of manufacturing means of measurement when competent agencies performing the state management over measurement have not yet approved the models thereof.

4. Additional sanctioning form:

Deprivation of the right to use decisions on approving models of means of measurement for up to 180 days for acts of violation specified in Clause 2 of this Article.

5. Remedial measures:

a/ Forced expertise within a given period of time for acts of violation specified in Clause 1 of this Article;

b/ Forced repair, adjustment of means of measurement for acts of violation specified in Clause 2 of this Article;

c/ Forced completion of procedures for approval of models of means of measurement within given periods of time for acts of violation specified in Clause 3 of this Article.

Article 7.- Acts of violating regulations on expertise in the import of means of measurement on the list of those subject to expertise, promulgated by the Ministry of Science and Technology

1. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for an act of failing to implement the regime of primary expertise of imported means of measurement before they are put into circulation.

2. A fine of between VND 7,000,000 and VND 10,000,000 shall be imposed for one of the following acts:

a/ Importing means of measurement with models thereof having not yet been approved by competent agencies performing the state management over measurement;

b/ Importing means of measurement at variance with the approved models.

3. Remedial measures:

a/ Forced expertise according to regulations, for acts of violation specified in Clause 1 of this Article;

b/ Forced completion of procedures for model approval, for acts of violation specified at Point a, Clause 2 of this Article;

c/ Forced re-export or circulation ban or completion of procedures of application for re-approval of measurement means models, for acts of violation specified at Point b, Clause 2 of this Article.

Article 8.- Acts of violating regulations on expertise in repair of means of measurement on the list of those subject to expertise, promulgated by the Ministry of Science and Technology

1. Caution or a fine of between VND 100,000 and VND 300,000 shall be imposed on measurement means-manufacturing, -trading and/or -repairing establishments for failure to conduct the expertise according to regulations.

2. Remedial measure:

Forced expertise within the prescribed time limit, for acts of violation specified in Clause 1 of this Article.

Article 9.- Acts of violating regulations on trading in means of measurement on the list of those subject to expertise, promulgated by the Ministry of Science and Technology

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:

a/ Trading in means of measurement, which have not yet been expertised;

b/ Trading in means of measurement of unknown origin.

2. Remedial measures:

a/ Forced primary expertise, for acts of violation specified at Point a, Clause 1 of this Article;

b/ Forced determination of the origin of means of measurement, for acts of violation specified at Point b, Clause 1 of this Article.

Article 10.- Acts of violating regulations on measurement in retail, on the use of means of measurement on the list of those subject to expertise, promulgated by the Ministry of Science and Technology, on the use of expertising seals or stamps, and on expertise certificates

1. Caution or a fine of between VND 100,000 and VND 300,000 shall be imposed for acts of fraudulently weighing or measuring goods of small value in retailing commerce, thus causing damage to customers.

2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for acts of fraudulently weighing, measuring goods of great value in retailing commerce, causing damage to customers.

3. Caution or a fine of between VND 100,000 and VND 300,000 shall be imposed for one of the following acts:

a/ Using means of measurement without expertising seals or stamps or expertise certificates according to regulations;

b/ Using expertising seals or stamps or expertise certificates, which have expired.

4. A fine of between VND 3,000,000 and VND 6,000,000 shall be imposed for one of the following acts:

a/ Using means of measurement, which are inaccurate, broken or not up to the prescribed requirements;

b/ Committing fraudulence in the use of expertising seals or stamps or certificates (removing them, re-affixing lead seals, modifying or erasing contents in expertise certificates).

5. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for one of the following acts:

a/ Altering the technical conditions and measuring properties of means of measurement; adjusting, modifying, replacing, additionally assembling or reducing details, components of means of measurement in order to falsify the measuring results;

b/ Forging expertising seals, stamps or certificates.

6. Additional sanctioning form:

Confiscation of means of measurement, for acts of violation specified at Point a, Clause 5 of this Article.

7. Remedial measures:

a/ Forcing traders to conduct weighing, measurement strictly according to regulations, for acts of violation specified in Clauses 1 and 2 of this Article;

b/ Forced expertise according to regulations, for acts of violation specified in Clause 3 and Point b, Clause 4 of this Article;

c/ Forced repair, adjustment and re-expertise, for acts of violation specified at Point a, Clause 4 of this Article;

d/ Forced restoration of the original state of means of measurement; expertise of means of measurement according to regulations, for acts of violation specified at Point a, Clause 5 of this Article;

e/ Forced destruction of counterfeit expertising seals, stamps or certificates and forced expertise according to regulations, for acts of violation specified at Point b, Clause 5 of this Article.

Article 11.- Acts of violating regulations on expertise of means of measurement by expertising organizations

1. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following acts:

a/ Expertising means of measurement falling beyond the scope of accredited expertising capability or authorized expertise;

b/ Using the following decisions which have expired: decisions accrediting the capability to expertise means of measurement (or expanding the expertising scope); decisions authorizing the expertise of means of measurement (or expanding the expertise  authorization scope) or decisions re-accrediting the capability to expertise means of measurement; decisions extending the authorization of expertise of means of measurement;

c/ Using standards with expired expertise validity;

d/ Failing to conduct expertise but giving expertising stamps, blanks expertise certificates to organizations or individuals dealing in means of measurement so that they stick the expertising stamps or fill in the expertise certificates by themselves.

2. A fine of between VND 500,000 and VND 1,500,000 shall be imposed for one of the following acts:

a/ Expertising means of measurement without expertiser’s card;

b/ Failing to comply with the expertising process;

c/ Using expertising seals, stamps and/or certificates in contravention of regulations.

3. Additional sanctioning forms:

a/ Deprivation of the right to use decisions recogning the expertising capability or authorizing the expertise for up to 180 days, for acts of violation defined at Points a and d, Clause 1 of this Article;

b/ Deprivation of the rights to use an expertiser’s card for up to 90 days, for acts of violation defined at Point b, Clause 2 of this Article.

4. Remedial measures:

a/ Forced recovery of expertising certificates issued in contravention of regulations, for acts of violation defined at Point b, Clause 1 of this Article;

b/ Forced application of standard expertise according to regulations, for acts of violation defined at Point c, Clause 1 of this Article;

c/ Forced recovery of expertising seals, stamps and/or certificates, which are used in contravention of regulations, for acts of violation defined at Point c, Clause 2 of this Article;

d/ Forced recovery of granted expertising stamps and/or blank expertising certificates, for acts of violation defined at Point d, Clause 1 of this Article. Violating organizations and individuals muse bear all expenses for application of remedial measures.

Article 12.- Acts of violating regulations on measurement with regard to production of pre-packed goods (by amount or volume) on the list of pre-packed goods subject to state management over measurement, promulgated by the Ministry of Science and Technology

1. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following acts:

a/ Failing to print the net quantity on packages as provided for;

b/ Pre-packing goods in adequate quantity with an error exceeding the permitted limit with regard to the production of pre-packed goods.

2. Remedial measures:

a/ Forced printing of the net quantity of goods according to regulations, for acts of violation specified at Point a, Clause 1 of this Article;

b/ Forced re-packing of goods with correct quantity, for acts of violation defined at Point b, Clause 1 of this Article.

Violating organizations and individuals must bear all expenses for the application of remedial measures.

Article 13.- Acts of trading in goods pre-packed (by amount or volume), which are on the list of pre-packed goods subject to state management over measurement, promulgated by the Ministry of Science and Technology, which are not printed with their net quantity on packages

1. Caution or a fine of between VND 100,000 and VND 300,000 shall be imposed for acts of trading in goods with their net quantity not printed on packages according to regulations.

2. Remedial measure:

Forcing production establishments to additionally print net quantities on packages, for acts of violation defined in Clause 1 of this Article.

Article 14.- Acts of obstructing activities of supersing, inspecting the measuring methods, measuring rules of means of measurement

A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for acts of obstructing, failing to create favorable conditions for, responsible persons, customers or customers’ representatives to supervise, inspect measuring methods or rules of means of measurement according to the provisions of law.

Chapter III

FORMS AND LEVELS OF SANCTIONING OF ACTS OF ADMINISTRATIVE VIOLATION IN THE FIELD OF PRODUCT AND GOODS QUALITY

Article 15.- Acts of violating regulations on publicization of goods quality standards in the production of goods on the list of goods subject to quality standard publicization, promulgated by the Ministry of Science and Technology

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for acts of failing to publicize quality standards when producing goods on the list of goods subject to quality standard announcement.

2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for acts of failing to publicize the amended standards upon the production of goods with changes in the publicized standard contents.

3. Remedial measures:

a/ Forced publicization of goods quality standards within the prescribed time limits, for acts of violation defined in Clause 1 of this Article;

b/ Forced publicization of amended goods quality standards according to regulations, for acts of violation defined in Clause 2 of this Article.

Article 16.- Acts of violating regulations on publicization of standard conformable products or goods in the production thereof

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for acts of failing to publicize standard-conformable goods upon the production of goods on the list of products, goods subject to standard conformity publicization.

2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for acts of having not yet publicized standard-conformable goods but affixing standard conformity seals or stamps or issuing information and/or advertisement that standard-conformable goods have been already publicized upon the production of goods on the list of goods subject to standard conformity publicization.

3. Remedial measures:

a/ Forced publicization of standard-conformable goods within the prescribed time limit, for acts of violation defined in Clause 1 of this Article;

b/ Forced destruction of packages in violation; forced correction of untruthful contents of information advertised on the media according to the provisions of law on advertisement; forced publicization of standard-conformable goods according to regulations, for acts of violation defined in Clause 2 of this Article. Violating organizations and individuals shall have to bear all expenses for application of remedial measures.

Article 17.- Acts of violating regulations on standard-conformable quality certificates and activities of certifying standard-conformable quality in production

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for acts of using expired standard-conformable quality certificates when producing goods on the list of products, goods subject to standard conformity certification.

2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for acts of trading in goods which have not yet been certified of standard-conformable quality but have been already affixed with standard conformity seals or stamps or advertised as having been already given their standard-conformable quality certification.

3. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for acts of failing to get standard-conformable quality certification but having already manufactured goods on the list of products, goods subject to standard-conformable quality certification.

4. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for acts of failing to get the standard-conformable quality certification but having already affixed standard conformity seals or stamps or having advertised as being already given standard-conformable quality certification upon manufacture of goods on the list of products, goods subject to standard-conformable quality certification.

5. Remedial measures:

a/ Forced certification of quality according to regulations, for acts of violation specified in Clause 1 of this Article;

b/ Forcing the traders in such goods to destroy the packages printed with standard conformity seals and to correct untruthful information contents advertised on the media according to the provisions of law on advertisement, for acts of violation defined in Clause 2 of this Article;

c/ Forced certification of quality within the prescribed time limit, for acts of violation defined in Clause 3 of this Article;

d/ Forced destruction of packages printed with standard conformity seals; forced correction of untruthful information contents advertised on the media according to the provisions of law on advertisement; forced certification of quality according to regulations, for acts of violation defined in Clause 4 of this Article.

Violating organizations and individuals must bear all expenses for the application of remedial measures specified at Points b and d, Clause 5 of this Article.

Article 18.- Acts of violating regulations on product and goods quality in production activities

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for acts of manufacturing products or goods not on the list of those subject to standard application but with a quality lower than the permitted limits as compared to the voluntarily publicized quality.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for acts of manufacturing products or goods on the list of those subject to standard application but with a quality lower than the permitted limit as compared to the publicized quality, which have, however, not yet breached regulations on human health, safety, hygiene and environment requirements.

3. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for acts of manufacturing products or goods on the list of those subject to standard application but with a quality lower than the permitted limit as compared to the publicized quality, which have, however, breached regulations on human health, safety, hygiene and environment requirements.

4. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for acts of manufacturing products or goods not on the list of those subject to standard-conformable quality certification but with quality lower than the permit limit as compared to the quality having been certified as conformable with standards.

5. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for acts of manufacturing products or goods on the list of those subject to standard-conformable quality certification but with a quality lower than the permitted limit as compared to the quality having been already certified as conformable with standards, which have, however, not yet breached the regulations on human health, safety, hygiene and environment requirements.

6. A fine of between VND 7.000,000 and VND 10,000,000 shall be imposed for acts of manufacturing products or goods on the list of those subject to standard-conformable quality certification but with a quality lower than the permitted limit as compared to the quality having been already certified as conformable with standards, which have, however, breached regulations on human health, safety, hygiene and environment requirements.

7. Additional sanctioning forms:

a/ Deprivation of the right to use certificates of standard-conformable quality for up to 90 days, for acts of violation defined in Clause 3 of this Article;

b/ Deprivation of the right to use certificates of standard-conformable quality for up to 180 days, for acts of violation defined in Clause 6 of this Article.

8. Remedial measures:

a/ Forced recycle or change of use purposes of products or goods, for acts of violation defined in Clauses 1, 2, 3 and 4 of this Article;

b/ Forced recycle or destruction of poor-quality products or goods which may harm human health, safety, hygiene and environment, for acts of violation defined in Clauses 3 and 6 of this Article.

Violating organizations and individuals must bear all expenses for the application of remedial measures.

Article 19.- Acts of violating regulations on product and goods quality as compared to the contents of quality standards already publicized for application and the contents of certification of standard-conformable quality in business activities

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for acts of trading in products, goods on the list of those subject to standard application, which have, however, not yet been publicized for compulsory application of standards or for inclusion in the list of products, goods subject to standard-conformable quality but not yet certified.

2. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for acts of falsifying the instructions (forging quality seals, standard conformity seals, standard conformity certificates or permits, other practice certificates issued by competent state agencies or persons in the field of product and goods quality; providing false, untruthful, incomplete information) on standard conformity publicization or standard-conformable quality certification, which have, however, not yet breached the regulations on human health, safety, hygiene and environment requirements.

3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for acts of falsifying the instructions (forging quality seals, standard conformity seals, standard conformity certificates or permits, other practice certificates, issued by competent state agencies or persons in the field of product and goods quality; providing false, untruthful, incomplete information) on standard conformity publicization or standard-conformable quality certification, which have, however, breached regulations on human health, safety, hygiene and environment requirements.

4. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for acts of interference, impact (replacement, fraudulent exchange, reduction, mixture of impurities, additives, preservation regimes...), thus reducing the quality to below the permitted limit as compared to the product or goods quality already publicized as being conformable with standards or certified as conformable with standards, which have, however, not yet breached regulations on human health, safety, hygiene and environment requirements.

5. A fine of between VND 7,000,000 and VND 10,000,000 shall be imposed for acts of interference, impact (replacement, fraudulent exchange, reduction, mixture of impurities, additives) thus reducing the quality to below the permitted limit as compared to the product or goods quality already publicized as conformable with standards or certified as conformable with standards, which have, however, breached regulations on human health, safety, hygiene and environment requirements.

6. A fine doubling the fine level specified in Clauses from 2 thru 5 of this Article on organizations, individuals manufacturing, processing, assembling, recycling, classifying, packing, importing products, goods.

7. A fine doubling the fine level specified in Clause 5 of this Article, for goods of big value (gold, precious metals, gems).

8. Remedial measures:

a/ Forced return of products, goods to production establishments for quality publicization or certification according to regulations, for acts of violation defined in Clause 1 of this Article;

b/ Forced recycle or change of use purposes of products, goods in violation of the provisions of Clauses from 2 thru 5 of this Article.

Violating organizations and individuals must bear all expenses for the application of remedial measures.

Article 20.- Acts of violating regulations on use of codes and bar codes

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for one of the following acts:

a) Illegally using national codes or bar codes;

b) Using codes or bar codes granted by competent agencies to other enterprises without permission of the latter.

2. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for acts of issuing certificates of the use of codes or bar codes ultra vires.

3. Additional sanctioning form:

Confiscation of products or goods with violating codes or bar codes, for acts of violation defined in Clause 1 of this Article.

4. Remedial measures:

a/ Forced destruction of goods labels printed with violating codes or bar codes, for acts of violation defined in Clause 1 of this Article;

b/ Forced withdrawal of code-, bar code-using certificates granted ultra vires to enterprises, for acts of violation defined in Clause 2 of this Article.

Article 21.- Acts of violating regulations related to activities of goods quality inspection applicable to goods on the list of products, goods subject to quality inspection in goods production, trading, export and import activities

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for acts of failing to conduct quality inspection of goods on the list of products and goods subject to quality inspection, which have been registered for quality inspection.

2. For goods on the list of products and goods subject to quality inspection but with a quality lower than the permitted limit as compared to the quality required by law, the sanctioning shall comply with Articles 18 and 19 of this Decree.

3. Remedial measures:

a/ Forced inspection of quality within the prescribed time limit, for acts of violation defined in Clause 1 of this Article;

b/ Forced application of remedial measures in accordance with Articles 18 and 19 of this Decree, for acts of violation defined in Clause 2 of this Article.

Article 22.- Acts of violating regulations on goods quality inspection by organizations designated for quality inspection

1. A fine of between VND 500,000 and VND 1,500,000 shall be imposed for one of the following acts:

a/ Conducting quality inspection when not yet designated by competent state agencies;

b/ Failing to observe or not fully observing the quality inspection order, procedures.

2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for conducting quality inspection beyond the quality inspection field designated by competent state agencies.

3. Additional sanctioning form:

Deprivation of the right to use decisions on designation of a quality inspection organization, for acts of violation defined at Point b of Clause 1, Clause 2 of this Article.

4. Remedial measure:

Forced withdrawal of the issued quality inspection results, for acts of violation defined at Points a and b of Clause 1, Clause 2 of this Article.

Article 23.- Acts of violating regulations on quality certification, accreditation of quality control systems of technical service organizations

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for one of the following acts:

a/ Conducting activities of quality inspection, accreditation of quality control systems of technical service organizations when having not yet been certified by competent state agencies as having fully satisfied the conditions for activities;

b/ Failing to observe or not fully observing the evaluation and/or certification order and procedures;

c/ Issuing quality certificates or accrediting quality control systems when failing to observe or not fully observing the evaluation and/or certification order and procedures;

d/ Conducting activities of quality certification, accreditation of quality control systems not falling under the scope of operation permitted by competent state agencies.

2. Additional sanctioning form:

Deprivation of the right to use certificates of satisfaction of conditions for operation, for acts of violation defined at Points b, c and d of Clause 1 of this Article.

3. Remedial measures:

Forced withdrawal of issued certificates, for acts of violation defined at Points a, b and c of Clause 1 of this Article.

Article 24.- Acts of obstructing state management activities in the field of measurement and product and goods quality

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:

a/ Refusing to supply information, documents, supplying untruthful information or supplying incomplete information, documents to state management agencies or persons competent to inspect, examine the standards, measurement and quality of products or goods without justifiable reasons;

b/ Delaying or shirking the implementation of requests, proposals in inspection decisions;

c/ Failing to implement or delaying the implementation of requests, conclusions, decisions of specialized inspectorates on measurement and product and goods quality.

2. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for one of the following acts:

a/ Arbitrarily removing seals on goods and/or material evidences which have been sealed off or temporarily seized;

b/ Dispersing, destroying violating goods and/or material evidences which are being inspected or temporarily seized;

c/ Other acts of obstructing the inspection, making it impossible to be routinely carried out.

Chapter IV

COMPETENCE AND PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF MEASUREMENT AND PRODUCT AND GOODS QUALITY

Article 25.- The sanctioning competence of specialized measurement and product and goods quality inspectors

1. Specialized measurement and product and goods quality inspectors who are performing their public duties shall have the following powers:

a/ To impose a caution;

b/ To impose fines of up to VND 200,000;

c/ To confiscate material evidences, means worth up to VND 2,000,000 used for commission of administrative violations;

d/ To force the restoration of the original state altered by administrative violations;

e/ To force the application of measures to address environmental pollution or epidemic spreads caused by administrative violations;

f/ To force the destruction of articles harmful to human health, safety, hygiene and environment.

2. Specialized measurement and product and goods quality chief inspectors of provincial/municipal Services of Science and Technology shall have the powers:

a/ To impose a caution;

b/ To impose fines of up to VND 20,000,000;

c/ To definitely or indefinitely deprive of the right to use permits or practice certificates issued by competent state agencies in the field of measurement and product and goods quality;

d/ To confiscate material evidences and means used for commission of administrative violations;

e/ To apply remedial measures specified at Points a, b, c, d, e, f, g, k, l of Clause 3, Article 4 of this Decree.

3. The chief inspector of the Ministry of Science and Technology shall have the power to sanction administrative violations in accordance with the provisions of Clause 3, Article 38 of the Ordinance on Handling of Administrative Violations, including:

a/ To give a caution;

b/ To impose fines of up to VND 20,000,000;

c/ To definitely or indefinitely deprive of the right to use permits or practice certificates issued by competent agencies in the field of measurement and product and goods quality;

d/ To confiscate material evidences, means used for commission of administrative violations;

e/ To apply remedial measures specified at Points a, b, c, d, e, f, g, h, l of Clause 3, Article 4 of this Decree.

Article 26.- Competence of presidents of commune-, district-, and provincial-level People’s Committees to handle administrative violations

1. Commune-level People’s Committee presidents shall have the power to sanction administrative violations in the field of measurement and product and goods quality, which are defined in Article 28 of the Ordinance on Handling of Administrative Violations, and to apply remedial measures specified at Points a and b, Clause 3, Article 4 of this Decree or to force the destruction of products, goods harmful to human health, animals, safety, hygiene and environment.

2. District-level People’s Committee presidents shall have the power to sanction administrative violations in the field of measurement and product and goods quality, which are defined in Article 29 of the Ordinance on Handling of Administrative Violations, and to apply remedial measures specified at Points a and b, Clause 3, Article 4 of this Decree or to force the destruction of products, goods harmful to human health, animals, safety, hygiene and environment.

3. Provincial-level People’s Committee presidents shall have the power to sanction administrative violations in the field of measurement and product and goods quality, which are defined in Article 30 of the Ordinance on Handling of Administrative Violations and to apply remedial measures specified at Points a, b, i and j, Clause 3, Article 4 of this Decree.

Article 27.- Sanctioning competence of other agencies

The People’s Police, Customs, Market Management agencies, the specialized inspectorates and other agencies shall, within the ambit of their respective assigned functions, tasks and powers, have the power to sanction administrative violations in the field of measurement and product and goods quality in accordance with the Ordinance on Handling of Administrative Violations and the provisions of this Decree when they detect such violations.

Article 28.- Authorization of sanctioning of administrative violations

Where persons competent to sanction administrative violations defined in Clauses 2 and 3, Article 25 of this Decree and in Articles 27, 28 and 29; Clauses 3, 4, 5, 6 and 7 of Article 31; Clauses 2 and 3 of Article 34; Clause 2, 3 and 4, Article 37; Clauses 2 and 3, Article 38 of the Ordinance on Handling of Administrative Violations, are absent, their deputies who are authorized in writing shall have competence to sanction administrative violations and must bear responsibility for their decisions on sanctioning of administrative violations.

Article 29.- Definition of competence to sanction administrative violations in the field of measurement and product and goods quality

1. Where an administrative violation in the field of measurement and product and goods quality falls under the handling jurisdiction of many agencies, the sanctioning thereof shall be conducted by the agency which has received the case first.

2. Where administrative violations in the field of measurement and product and goods quality do not fall under the sanctioning jurisdiction of the competent persons processing the cases, such persons must transfer the files to competent agencies for decision.

3. When deeming that administrative violations in the field of measurement and product and goods quality show signs of crime, the competent persons who are processing the cases must immediately transfer the files to competent agencies conducting criminal procedures for settlement.

It is strictly prohibited to withhold cases of violation showing signs of crime in the field of measurement and product and goods quality for sanctioning of administrative violations.

Article 30.- Procedures for sanctioning administrative violations shall comply with decisions sanctioning administrative violations in the field of measurement and product and goods quality

The procedures for sanctioning administrative violations and the execution of decisions on sanctioning administrative violations in the field of measurement and product and goods quality shall comply with the provisions of Articles 53 thru 69 of the Ordinance on Handling of Administrative Violations and the Government’s Decree No. 134/2003/ND-CP of November 14, 2003, detailing the implementation of a number of articles of the Ordinance on Handling of Administrative Violations.

Chapter V

COMPLAINT, DENUNCIATION AND HANDLING OF VIOLATIONS

Article 31.- Complaints, denunciations and the settlement of complaints and denunciations in the field of measurement and product and goods quality; settlement of disputes over the quality of products or goods circulated on the market

1. Organizations and individuals sanctioned for administrative violations in the field of measurement and product and goods quality or their lawful representatives shall have the right to complain about the sanctioning decisions of persons competent to sanction administrative violations in the field of measurement and product and goods quality.

2. Individuals shall have the right to denounce to competent state agencies acts of administrative violation committed by organizations or individuals and denounce illegal acts committed by persons competent to sanction administrative violations related to measurement and product and goods quality.

3. The rights and obligations of complainants and denouncers; the competence to settle complaints and denunciations; the procedures for settlement of complaints and denunciations shall comply with the provisions of law on complaints and denunciations.

4. The competence to handle disputes over the quality of products or goods being circulated on the market shall comply with regulations of the Ministry of Science and Technology.

Article 32.- Handling of violations committed by persons competent to sanction administrative violations

The persons competent to sanction administrative violations in the field of measurement and product and goods quality who commit acts of harassment, toleration, coverage of, fail to handle or handle not in time, handle ultra vires, shall, depending on the nature and severity of the violations, be disciplined or examined for penal liability; if causing damage, they must pay compensations therefor according to the provisions of law.

Article 33.- Handling of violations committed by persons sanctioned for administrative violations

Persons sanctioned for administrative violations in the field of measurement and product and goods quality, if committing acts of resisting persons who are performing their public duties, delaying or shirking the execution or committing other acts of violation, shall, depending on the nature and severity of their violations, be sanctioned for administrative violations or examined for penal liability; if causing damage, they must pay compensations therefor according to the provisions of law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 34.- Implementation effect

This Decree takes effect 15 days after its publication in “CONG BAO” and replaces the Government Decree No. 57/CP of May 31, 1997, providing for the sanctioning of administrative violations in the field of measurement and goods quality. All previous regulations contrary to this Decree shall be annulled.

Article 35.- Responsibilities for guidance and implementation

The Minister of Science and Technology shall have to guide in detail and organize the implementation of this Decree.

Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, and presidents of provincial/municipal People’s Committee shall have to implement this Decree.