Nghị định 06/2008/ND-CP

Decree No. 06/2008/ND-CP of January 16, 2008 stipulating on handling of administrative violations in trade activities

Decree No. 06/2008/ND-CP stipulating on handling of administrative violations in đã được thay thế bởi Decree No. 185/2013/ND-CP administrative violations in commercial activities production of trading in counterfeit và được áp dụng kể từ ngày 01/01/2014.

Nội dung toàn văn Decree No. 06/2008/ND-CP stipulating on handling of administrative violations in


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.: 06/2008/ND-CP

Hanoi, January 16, 2008

 

DECREE

STIPULATING ON HANDLING OF ADMINISTRATIVE VIOLATIONS IN TRADE ACTIVITIES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Law on Trade dated June 14, 2005;
Pursuant to the Law on Competition dated December 03, 2004;
Pursuant to the Law on E-Transactions dated November 29, 2005;
Pursuant to the July 02, 2002 Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Industry and Trade,

DECREES:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of governing

1. This Decree provides for administrative violations, forms and sanction level, remedies, competence and procedures of handling administrative violations in the trade activities.

2. The administrative violations in the trade activities are the acts of individuals, organizations intentionally or unintentionally violating provisions on state management in the trade activities but not being crime and according to provisions in this Decree they shall be sanctioned administrative violations.

3. The administrative violations in the trade activities provided in this Decree include:

a) Violations of provisions on the Certificates of business registration of traders;

b) Violations of provisions on the establishment and operation of representative offices and branches of foreign traders in Vietnam; on goods trading activities and activities directly related to the goods purchase and sale of the enterprises with foreign-owned capital in Vietnam; on the rights of export, import of goods of foreign traders without presence in Vietnam;

c) Violations of provisions on circulation, trading of goods and services in the market;

d) Violations of provisions on trade promotion activities;

đ) Violations of regulations on export and import of goods and services related to export and import of goods;

e) Violations of regulations on trade intermediate activities;

g) Violations of regulations on other trade activities.

4. The administrative violations in the trade activities not directly being provided in this Decree are applied according to provisions on handling of administrative violations in the relative state management fields.

Article 2. Subjects of applications

1. Vietnamese individuals, organizations who have administrative violations in the trade activities.

2. Foreign individuals, organizations who have administrative violations in the trade activities within the territory, economic exclusive zone and continental shelf of the Socialist Republic of Vietnam, except for the case the international agreements of which Vietnam is a member provided for otherwise.

3. Minors who commit acts of administrative violations in trade activities sanctioned under the provisions of Article 6 and Article 7 of the Ordinance on Handling of Administrative Violations.

Article 3. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. Business is the continuity to conduct one, some or all of the stages of the investment process, from production to consumption of products or provisions of services in the market for seeking profits.

2. Goods including all types of fixed assets, including fixed assets formed in the future and the things attached to land.

3. Goods circulated in the market are goods on the way of being transported, showed to sale, stored in warehouses, wharves, yards, at place of manufacturing, business or at another places.

4. Economic organizations, including enterprises established and operated under the Enterprise Law, Investment Law; Cooperatives and Cooperative Union established under the Cooperative Law; credit institutions established under the Law on Credit Institutions; insurance organizations established under the Insurance Business Law and other economic organizations in accordance with the law regulations.

5. Business households in accordance with provisions in Decree No.88/2006/ND-CP dated August 29, 2006 by the Government on business registration.

6. Services related to export and import of goods including export consignment, import consignment, transshipment, transit, temporary import for re-export, temporary export for re-import are defined in the Commercial Law and the Decrees detailing the implementation of Commercial Law.

7. Smuggled goods, including:

a) Goods banned from import or suspended to import as provided;

b) The imported goods with conditions or must have permits without papers or permits granted by the specialized state management agency attached to goods;

c) Imported goods not being passed through prescribed border, failing to conduct customs procedures according to provisions or fraudulent numbers and types of goods when conducting the customs procedures;

d) Imported goods circulated in the market without invoices and vouchers together as prescribed or having invoices, vouchers but inadequate or having invoices, vouchers but through investigation, verification of function authorities that they are illegal invoices, documents such as fake invoices, invoices to be made untruthfully, invoices used for illegal sale, purchase, invoice used;

đ) Imported goods required to stamp import goods but not doing so as prescribed or having stamps but being counterfeit stamps, stamps which are used.

8. Fake goods include:

a) Faking quality and utility: goods have no value to use or value to use with improper origin, nature, names and the use of goods;

b) Faking goods labels, packaging: goods faking names, addresses of other traders on the labels or packaging of the same goods; goods faking indications on origin or place of manufacturing, packaging, assembling on the labels or packaging of goods;

c) Faking on intellectual property as stipulated in Article 213 of the Intellectual Property Law including goods branding, coincident signs or difficult to distinguish with marks, geographical indication under protection for such goods without permission of the owner of the brand or of geographical indication management organization; goods being copies made ​​without the permission of the subject of copyright or related rights;

d) The types of decals, labels, packaging of goods, quality stamps, stamp of anti-counterfeit, warranty card, goods shrink film seal with contents faking names and addresses of traders, the origin of goods, place of production, packaging and assembly of goods (hereinafter referred to as stamps, labels, packaging of fake goods);

đ) For goods to be subject to specialized management if the law has separate provisions shall apply those provisions to identify counterfeit goods.

Article 4. Principle of handling

The principle of handling of administrative violations in trade activities is implemented according to provision in Article 3 of the Ordinance on handling of administrative violations, Article 3 and Article 4 of Decree No.134/2003/ND-the Government dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on handling of administrative violations.

Article 5. Extenuating, aggravating circumstances

The extenuating or aggravating circumstances applying to sanction against administrative violations in trade activities specified in this Decree shall comply with the provisions in Article 8 and Article 9 of the Ordinance on Handling of Administrative Violations and Article 6 of Decree No.134/2003/ND-CP of November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations.

Article 6. The statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning administrative violations in trade activities is a year from the date of administrative violations are made, other than the case stipulated in clause 2 of this Article.

2. For administrative violations in the activities of export and import of goods or services related to export and import of goods; acts of smuggling, trafficking or transport of smuggled goods; acts of manufacturing, trading counterfeit goods, the statute of limitations to sanction shall be two years since the date of administrative violations are made.

3. Individuals who are sued, prosecuted or have been decided on trial upon criminal proceedings procedures, but later have been decided to suspend the investigation or to suspend the cases however the violations have signs of administrative violations as provided in this Decree shall be administratively sanctioned. The statute of limitations to sanction shall be three months since the date that the competent to sanction person receives the suspension decisions and dossiers of the violations.

4. During the period specified in clause 1, clause 2 and clause 3 of this Article, if individuals or organizations that commit new acts of administrative violations specified in this Decree, or deliberately evade or obstruct the sanction, the statute of limitations to sanction administrative violations shall be re-calculated since the time of implementation of new administrative violations or the time to terminate the acts of evading or obstructing the sanction.

5. The method of calculating the statute of limitations to sanction administrative violations in the trade activities is implemented according to provisions in Article 9 of the Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Sanction.

6. Where exceeding the time limit as specified in clause 1, clause 2, clause 3 and clause 4 of this Article, violation individuals or organizations shall not be sanctioned administrative violations, but still be applied measures to overcome consequences specified in clause 3 Article 12 of the Ordinance on Handling of Administrative Violations, if this Decree provides the application of measures to overcome consequences for such administrative violations.

Article 7. The time limit is considered as having not yet been sanctioned administrative violations

1. The time limit is considered as not yet been sanctioned administrative violations in the trade activities is conducted in accordance with clause 1 Article 11 of the Ordinance on Handling of Administrative Violations and Article 7 of Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations.

2. The method of calculating the time limit considered as not yet been sanctioned administrative violations in the trade activities is conducted in accordance with provisions in Article 9 of Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations.

Article 8. Application of forms of sanctioning administrative violations and measures to overcome consequences

1. The application of forms of sanctioning administrative violations and measures to overcome consequences for administrative violations must be based on the sanctions provided by this Decree for each act of administrative violation.

2. Each administrative violation is only applied a form of principle sanction being a warning or a fine:

a) A warning is applied to administrative violations for the first time, having extenuating circumstances and if this Decree provides form of warning sanction for such administrative violations;

b) A Fine is applied when there are no facts provided in point a of this clause and according to the fine bracket prescribed for each administrative violation as follows:

For administrative violations without aggravating or extenuating circumstances, the specific fine level is the average of the fine bracket prescribed for such acts. The average level of the fine bracket is determined by dividing the total of the minimum and maximum level;

For administrative violations with extenuating circumstances, the fine level may be reduced but not be in access of the minimum level of the fine bracket;

For administrative violations with aggravating circumstances, the fine level may be increased but not be in access of the maximum level of the fine bracket.

3. Apart from the principle sanctions, depending on the nature and seriousness of specific violations of administrative violation individuals or organizations may be subject to one or more additional sanctions as follows:

a) Stripping of the right to use licenses, practice certificates for a limited or timeless duration is applied in the case individuals, organizations violate seriously the regulations on the use of permits, practice certificates and if this Decree stipulates form of additional sanctions against such administrative violations;

b) Confiscation of material evidences and means used for administrative violations is applied if this Decree stipulates form of additional sanctions against such administrative violations. Material evidence and means of administrative violations include things, money, goods, tools and means directly related to administrative violations. Not to confiscate material evidences and means appropriated, illegally used by administrative violation individuals and organizations, but return to its owner or manager, legal user under the provisions clause 2 Article 17 of the Ordinance on Handling of Administrative Violations and clause 2 Article 12 of Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations.

4. Apart from the form of sanction prescribed in clause 2 and clause 3 of this Article administrative violation individuals, organizations may be subject to one or more remedies for the consequences due to administrative violations or other measures as provisions in this Decree in order to thoroughly handle the violations, exclude the causes, recidivism conditions, overcome all consequences caused by administrative violations.

5. Form of principle sanction is applied independently or together with additional sanctions and remedies for the consequences. The forms of additional sanctions and measures to overcome consequences are applied only together with the principle sanctions, except for the cases stipulated in clause 6 Article 6 and clause 6 of this Article.

6. Where exceeding the time limit to issue decisions to sanction administrative violations as specified in clause 1 Article 56 of the Ordinance on Handling of Administrative Violations and Article 21 of Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations, the competent to sanction administrative violation persons are not entitled to issue decisions to sanction administrative violations, however, must issue the decision to confiscate administrative violation material evidences to be of being banned from circulation and application of measures to overcome consequences if this Decree stipulates additional sanctions of confiscation and measures to overcome the consequences for such administrative violations.

Article 9. Responsibilities of the competent persons in administrative violation sanctions

1. Upon detection of administrative violations, the competent to sanction administrative violation persons in trade activities must immediately terminate the violations and timely issue decisions to sanction within the time limit prescribed by law. Where the violation does not fall under the jurisdiction or beyond his/her authority to sanction, it must be made minutes in accordance with provision and the case’s file must promptly be forwarded to the competent to sanction persons.

2. The competent to sanction administrative violation persons in trade activities must sanction in accordance with his/her authority. Where the competent to sanction administrative violation persons are absent, such persons shall authorize to their deputies to directly implement the sanctions as specified in Article 41 of the Ordinance on Handling of Administrative Violations and Article 14 of Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations.

3. Strictly prohibiting acts of covering or obstructing the sanction; strictly prohibiting the retention of the cases having criminal signs to sanction administrative violation or splitting the violation cases to keep for sanctions in accordance with his/her level’s respective competence.

4. The cases which were issued the decisions to sanction improper competence, violation subjects, violations; application of improper forms, penalty level and remedies for the consequences; sanctions of improper statute of limitation and time limit to sanction, depending on specific circumstances, the competent persons shall modify or cancel the unlawful decision.

5. The handling of responsibility for the competent to sanction administrative violation persons in trade activities in accordance with provisions in Article 66 of this Decree.

Chapter 2:

ADMINISTRATIVE VIOLATIONS, SANCTION FORMS AND LEVEL

Item I. VIOLATION OF PROVISIONS ON CERTIFICATE OF BUSINESS REGISTRATION OF TRADERS

Article 10. Violation of provisions on certificate of business registration of traders being economic organizations

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the business acts of improper business lines, goods, business location as recorded in the Certificate of business registration.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the business act under enterprise form without the Certificate of business registration as prescribed.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the act of continuity to carry out business activities when the competent state management agency withdrew the Certificate of business registration.

4. A fine of double the amount of fines specified from clause 1 to clause 3 of this Article in case of trading goods and services to be of the list of goods and services to be restricted business, business with conditions or goods applied urgent measures to be forced to recall, temporarily suspend circulation, circulation with conditions or to be required permits by the state management agencies.

5. The provisions from clause 1 to clause 4 of this Article are also applied to sanction for the violations on investment License, investment Certificate and operation registration Certificate of branches, representative offices of traders being economic organizations in the provinces, cities.

Article 11. Violation of provisions on Certificate of business registration of traders being business households

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for the business acts of improper business lines, goods, business location as recorded in the Certificate of business registration.

2. A fine of between VND 300,000 and 500,000 shall be imposed for the business act under business household form without the Certificate of business registration as prescribed.

3. A fine of between VND 500,000 and 1,000,000 shall be imposed for the act of continuity to carry out business activities when the competent state management agency withdrew the Certificate of business registration.

4. A fine of twofold fine level specified from clause 1 to clause 3 of this Article in case of trading goods and services to be of the list of goods and services to be restricted business, business with conditions or goods applied urgent measures to be forced to recall, temporarily suspend circulation, circulation with conditions or to be required permits by the state management agencies.

Article 12. Handling administrative violations on business registration, investment registration, head office and signboard of traders

For administrative violations on procedures of business registration, investment registration; head office, business location, signboard of traders and other violations on the Certificate of business registration of individuals, economic organizations shall apply the provisions on sanction of administrative violations in the field of relative state management.

Item II. VIOLATIONS OF REGULATIONS ON ESTABLISHMENT AND OPERATION OF REPRESENTATIVE OFFICES AND BRANCHES OF FOREIGN TRADERS IN VIETNAM; ON ACTIVITIES OF GOODS PURCHASE AND SALE AND ACTIVITIES DIRECTLY RELATED TO THE GOODS PURCHASE AND SALE OF ENTERPRISES WITH FOREIGN OWNED CAPITAL IN VIETNAM; ON RIGHTS OF EXPORT, IMPORT OF FOREIGN TRADERS WITHOUT PRESENCE IN VIETNAM

Article 13. Violations of regulations on establishment and operation of representative offices of foreign traders in Vietnam (hereinafter called as representative offices)

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Failing to operate within the prescribed period after being granted the License of establishment of representative offices;

b) Failing to perform or improperly perform the provisions on the publication in newspapers to notify the activities of representative offices or its publication content in newspapers is incorrect, incomplete according provisions;

c) Failing to notify to the competent state management agencies within the prescribed time limit on the start to operate at registered office;

d) Declaring dishonestly contents in the dossier requesting for the issuance, re-issuance, amendment, supplement or extension of license of establishment of representative offices;

đ) Failing to perform or improperly perform the provisions on the publication in newspapers, public list when terminating operations of representative offices.

2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:

a) Having no location to base representative offices or re-leasing office of representative office or operating incorrect address stated in the License;

b) Failing to report periodically or dishonestly reporting on the activities of representative offices to the competent state management agencies where the License was granted according to provisions;

c) Failing to report, supply documents or explain matters related to the activities of representative offices at the request of the competent State management agency in accordance with provisions;

d) ) Failing to conduct the procedures for amendment, supplement or re-grant of the License of establishment of representative offices in accordance with provisions;

đ) Terminating its operations exceeding the prescribed time limit without notifying to the competent State management agencies in accordance with provisions;

e) Arbitrarily adding, erasing or modifying the contents of the License of establishment of representative office granted.

3. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Forging papers and documents in the dossier requesting for the issuance, re-issuance, amendment, supplement or extension of License of establishment of representative offices;

b) Operating improper contents stated in the License of establishment of representative offices;

c) Performing additional representative functions to other foreign traders;

d) Head of representative office concurrently is head of the branch of the same foreign trader in Vietnam;

đ) Head of representative office concurrently is legal representative of foreign trader to sign contracts without the legal written authorization of foreign traders;

e) Head of representative office concurrently is legal representative of the enterprise that was established under the law of Vietnam;

g) The head of the representative office engages, amends and supplements the signed contracts of foreign traders without the lawful written authorization of the foreign traders for each engagement, amendment and supplement except for  otherwise permitted by law;

h) Hiring, borrowing or leasing, lending License of establishment of representative offices.

4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following acts:

a) Continuing to operate after the foreign traders have ceased its operations;

b) Continuing to operate after the competent state management agencies withdrew the License of establishment of representative office or License expired without being renewed.

5. Apart from the application of above mentioned sanctions, the competent to sanction persons must petition to the competent state management agencies competent to revoke the License of establishment of representative offices in cases of violating the provisions in point a, point d clause 1; point b, point c, point đ clause 2 and point b, point h clause 3 of this Article.

Article 14. Violations of regulations on establishment and trade operation of branches of foreign traders in Vietnam (hereinafter called as Branches for short)

1. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:

a) Failing to operate within the prescribed time limit after being granted the License of establishment of branches;

b) Failing to perform or improperly perform the provisions on the publication in newspapers to notify the activities of branches or its publication content in newspapers is incorrect, incomplete according provisions;

c) Failing to notify to the competent state management agencies within the prescribed time limit on the start to operate at registered office;

d) Declaring dishonestly contents in the dossier requesting for the issuance, re-issuance, amendment, supplement or extension of License of branch establishment;

đ) Failing to perform or improperly perform the provisions on the publication in newspapers, public list when terminating operations of branches.

2. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Having no branch’s office or re-leasing branch’s office or operating incorrect address stated in the License;

b) Failing to report periodically or dishonestly reporting on the activities of branches to the competent state management agencies where the License was granted according to provisions;

c) Failing to report, supply documents or explain matters related to the activities of branches at the request of the competent State management agency;

d) Failing to conduct the procedures for amendment, supplement or re-grant of the License of establishment of branches in accordance with provisions;

đ) Terminating its operations exceeding the prescribed time limit without notifying to the competent State management agencies;

e) Arbitrarily adding, erasing or modifying the contents of the License of establishment of branch granted.

3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following acts:

a) Forging papers and documents in the dossier requesting for the issuance, re-issuance, amendment, supplement or extension of License of establishment of branch;

b) Operating improper contents stated in the License of establishment of branch;

c) Performing representative function to other foreign traders;

d) Head of branch concurrently is legal representative of the representative office of the same foreign trader in Vietnam;

đ) Head of branch concurrently is legal representative of the representative office, branch of other foreign traders in Vietnam;

e) Hiring or leasing License of establishment of branch.

4. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the following acts:

a) Continuing to operate after the foreign traders have ceased its operations;

b) Continuing to operate after the competent state management agencies withdrew the License of establishment of branch or License expired without being renewed.

5. Apart from the application of above mentioned sanctions, the competent to sanction persons must petition to the competent state management agencies to revoke the License of establishment of branch in cases of violating the provisions in point a, point d clause 1; point b, point c, point đ clause 2 and point b, point e clause 3 of this Article.

Article 15. Violations of regulations on activities of goods purchase and sale and activities directly related to the goods purchase and sale of enterprises with foreign owned capital in Vietnam

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Declaring dishonestly contents in the dossier requesting for the issuance, re-issuance, amendment, supplement or extension of business License or License to set up retail establishment;

b) Failing to declare the loss of business License or License to set up retail establishment to the competent state management agencies according to provisions;

c) Failing to report, supply documents or explain matters related to the activities of enterprise to the competent State management agencies in accordance with provisions.

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following acts:

a) Failing to conduct procedures for amending and supplementing the business License or License to set up retail establishment in accordance with provisions when changing one of the contents stated in the business Licenses or License to set up retail establishment;

b) Failing to conduct procedures for re-granting business License or License to set up retail establishment where the business License or License to set up retail establishment is lost, torn, crushed, burned or destroyed under other forms in accordance with provisions.

3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the following acts:

a) Organizing the network of purchasing goods in Vietnam for export contrary to the provisions of the Vietnam law and international agreements of which the Socialist Republic of Vietnam is a member;

b) Organizing or participating in the system of distributing goods in Vietnam contrary to the provisions of the Vietnam law and international agreements of which the Socialist Republic of Vietnam is a member;

c) Trading goods or services inconsistent with commitments to open markets of Vietnam or not in accordance with the Vietnam law;

d) Operating outside the scope of the contents sated in the business Licenses or License to set up retail establishment;

đ) Setting up illegally the retail establishments in Vietnam.

4. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for the acts of continuing to operate after the competent state management agencies withdrew business Licenses, License to set up retail establishment or business License, License to set up retail establishment expired without being renewed.

5. Apart from the application of above mentioned sanctions, the competent to sanction persons must petition to the competent state management agencies to revoke business Licenses, License to set up retail establishment for the violations provided in this Article.

Article 16. Violations of regulations on the implementation of rights of export, import of foreign traders without presence in Vietnam

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Declaring dishonestly contents in the dossier requesting for the issuance, re-issuance, amendment, supplement or extension of Certificate of registration of rights to export, import;

b) Failing to register contact address to the competent state management agencies as prescribed;

c) Failing to conduct the procedures for amendment, supplement or re-grant, extension of the Certificate of registration of rights to export, import in accordance with provisions;

d) Failing to perform or improperly perform the provisions on the publicity on the mass media of Vietnam after being granted, modified, supplemented and extended the Certificate of registration of rights to export, import.

 2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following acts:

a) Failing to make annual report, irregular report at the request of the State management agency on the export and import situations of traders in accordance with provisions or reporting insufficiently, inexactly, not being on time;

b) Failing to send written notice of termination of operations to agency issuing the Certificate of registration of rights to export, import or sending written notice not compliance with the time before the date estimated to terminate its operations in accordance provision;

c) Failing to perform or improperly perform the provisions on the publicity on the mass media of Vietnam when estimating to terminate its operations.

3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the following acts:

a) Forging papers and documents in the dossier requesting for the issuance, re-issuance, amendment, supplement or extension of the Certificate of registration of rights to export, import;

b) Purchasing goods for export or selling importing goods with Vietnamese traders without business registration for such types of goods;

c) Exporting and importing types of goods not in accordance with the types of goods being entitled to export, import stated in the Certificate of registration of rights to export, import which was granted, modified, supplemented, extended.

4. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for the acts of exporting, importing goods after the competent state management agencies withdrew the Certificate of registration of rights to export, import or Certificate of registration of rights to export, import expired without being renewed.

5. Measures to overcome consequences:

Forced to bring out of the Vietnam territory at the import border gate or suspend the export for violations specified in point c clause 3 and clause 4 of this Article.

6. Apart from the application of above mentioned sanctions, the competent to sanction persons must petition to the competent state management agencies to revoke the Certificate of registration of rights to export, import for violations specified in point a clause 1, point a clause 2 and clause 3 of this Article.

Item III. VIOLATIONS OF REGULATIONS ON CIRCULATION, TRADING GOODS, SERVICES IN THE MARKET

Article 17. Violations of regulations on services to be banned from business

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for the acts of doing brokerage or harboring the activity of services business to be of the list of being prohibited from business.

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the acts of services business to be of the list of being prohibited from business.

3. Additional sanctions:

Confiscating material evidence, means used to commit administrative violations for the violations provided in this Article.

4. Apart from the application of above mentioned sanctions, the competent to sanction persons must petition to the competent state management agencies to revoke the Certificate of business registration for the violations provided in this Article in case of violating many times or recidivism.

Article 18. Violations of regulations on goods being prohibited from business

1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of trading goods to be of the list of goods being prohibited from business with a value of up to VND 5,000,000.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with a value of more than VND 5,000,000 to 10,000,000.

3. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with a value of more than VND 10,000,000 to 20,000,000.

4. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with a value of more than VND 20,000,000 to 30,000,000.

5. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with a value of more than VND 30,000,000 to 50,000,000.

6. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with a value of more than VND 50,000,000 to 70,000,000.

7. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with a value of more than VND 70,000,000 to less than 100,000,000.

8. A fine of twofold fine level provided from clause 1 to clause 7 of this Article for one of the following cases:

a) Violations committed by individuals or organizations that produce, process, manufacture, recycle, classify, assembly, extract, load, pack, import goods banned from business;

b) Goods banned from business are toxic chemicals, types of drugs of disease prevention and treatment for human being, vaccines, medical bio-products, veterinary drugs, plant protection agents, food additives, enhancing substance for processing food, irradiation food, genetically modified foods and types of medical equipment not permitted yet for use in Vietnam.

9. The fine levels provided from clause 1 to clause 8 of this Article are also applied to sanction for:

a) Owners of means of transport or persons who control means of transport having the acts of intentionally transporting goods to be of the list of goods banned from business;

b) Owners of warehouses, ports, yards, houses having the acts of intentionally harboring, concealing goods to be of the list of goods banned from business;

c) Individuals, organizations doing business of receipt-delivery service having the acts of intentionally delivering, receiving goods to be of the list of goods banned from business.

10. Additional sanctions and measures to overcome consequences:

a) Forced to destroy goods, products causing harm to human health, livestock, plants, environment and harmful toys for ethical education and health of children and harmful cultural products for the violations provided in this Article. In case of unable to apply the measures of forcing to destroy or violation individuals and organizations do not implement the destruction, such goods, products shall be confiscated for destruction in accordance with provisions;

b) Confiscating goods banned from business for the violations provided in this Article, except for the case applied provisions in point a clause 10 of this Article;

c) Confiscating material evidence, means used for producing, processing, manufacturing, recycling, classifying, assembling, extracting, loading, packing, of this Article;

d) Confiscating means of transporting goods banned from business for the violations in point a and point c clause 9 of this Article if belonging one of the cases: violating goods are valued at more than VND 50,000,000; repeated violations or recidivism; using license plate not to be of such means of transport or license plate of means of transport not to be issued by the competent State management agency; having the acts of evading or obstructing persons being on official duty, unless the cases stipulated in clause 2 Article 17 of the Ordinance on Handling of Administrative Violations and clause 2 Article 12 of Decree No.134/2003/ND-CP-14 dated November14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations;

11. Apart from the application of above mentioned sanctions and the measures to overcome consequences, the competent to sanction persons must petition to the competent state management agencies to revoke the Certificate of business registration for the violations provided in this Article in case violating goods are valued at more than VND 50,000,000 or repeated violations or recidivism.

Article 19. Violation of regulations on goods circulating in domestic to be subject to the urgent measures

1. A warning or a fine of between VND 100,000 and 500,000 for one of the acts of trading type of goods has been applied the urgent measures of circulation with conditions or with permit by the competent state management agencies but did not guarantee conditions or without permit in accordance with provisions with values up to VND 5,000,000.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts of violations provided in clause 1 of this Article with a value of more than VND 5,000,000 to 10,000,000.

3. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the acts of violations provided in clause 1 of this Article with a value of more than VND 10,000,000 to 20,000,000.

4. A fine of between VND 2,000,000 to 3,000,000 shall be imposed for one of the acts of violations provided in clause 1 of this Article with a value of more than VND 20,000,000 to 30,000,000.

5. A fine of between VND 3,000,000 to 5,000,000 shall be imposed for one of the acts of violations provided in clause 1 of this Article with a value of more than VND 30,000,000 to 50,000,000.

6. A fine of between VND 5,000,000 to 10,000,000 shall be imposed for one of the acts of violations provided in clause 1 of this Article with a value of more than VND 50,000,000 to 70,000,000.

7. A fine of between VND 10,000,000 to 15,000,000 shall be imposed for one of the acts of violations provided in clause 1 of this Article with a value of more than VND 70,000,000 to 100,000,000.

8. A fine of between VND 15,000,000 to 20,000,000 shall be imposed for one of the acts of violations provided in clause 1 of this Article with a value of more than VND 100,000,000.

9. A fine of twofold fine level provided from clause 1 to clause 8 of this Article for one of the following cases:

a) Acts of trading goods has been applied the urgent measures of being required to revoke or suspend the circulation by the competent state management agencies;

b) Violations committed by individuals or organizations that produce, process, manufacture, recycle, classify, assembly, extract, load, pack, import goods has been applied the urgent measures of being required to revoke or suspend the circulation, circulation with conditions or with permit by the competent state management agencies.

10. For acts of trading type of goods has been applied the urgent measures of banning from circulation by the competent state management agencies shall be sanctioned as prescribed in Article 18 of this Decree.

11. Additional sanctions and measures to overcome consequences:

a) Forced to destroy goods causing harm to human health, livestock, plants, environment and harmful toys for ethical education and health of children and harmful cultural products for the violations provided in this Article. In case of unable to apply the measures of forcing to destroy or violation individuals and organizations do not implement the destruction, such goods, products shall be confiscated for destruction in accordance with provisions;

b) Confiscating goods for the violations provided in point a clause 9 of this Article, except for the case of being applied provisions in point a clause 11 of this Article.

Article 20. Violation of regulations on trading goods, services restricted business

1. A warning and a fine of between VND 100,000 and 500,000 shall be imposed for one of the following acts:

a) Renting out, lending business License of goods, services restricted business;

b) Arbitrarily adding, erasing and modifying the contents of the business license of goods and services restricted business.

2. A fine of between VND 500,000 and 1,000,000 VND shall be imposed for one of the acts of not guaranteeing one of the requirements of professionalism, expertise, experience and managers’ health, technicians and staff directly to purchase goods and personnel directly to perform the services as prescribed.

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

a) Goods, services restricted business do not ensure conditions of circulations as provided;

b) Business establishments do not guarantee one of the technical requirements, equipment, business processes and other standards according to provisions or during the course of business operation failing to perform or insufficiently, improperly perform the conditions of trading goods and services restricted business in accordance with provisions;

c) Trading improper scope, subject, size, duration, location, the goods recorded in the business License of goods or services restricted business granted;

d) Failing to implement truthfully other relative provisions when trading goods, services restricted business.

4. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Hiring or lending business License of goods, services restricted business of other traders for business;

b) Continuing the business operations when being stripped the right to use or revoked business License of goods, services restricted business by the competent state management agencies;

c) Trading goods, services restricted business without business License of goods, services restricted business granted by the competent state management agencies or the business License expired.

5. A fine of twofold fine level provided from clause 1 to clause 4 of this Article if the violations is of individuals or organizations that produce, process, manufacture, recycle, classify, assembly, extract, load, pack, import type of goods, services restricted business.

6. Additional sanctions and measures to overcome consequences:

a) Forced to destroy goods not guaranteeing safety in prevention and combat fire and explosion, sanitation, environment, affecting human health, livestock and plants for violations specified in point a clause 3 of this Article. In case of unable to apply the measures of forcible destruction or violation individuals and organizations do not implement the destruction, such goods shall be confiscated for destruction in accordance with provisions;

b) Stripping of the right to use business License of goods, services restricted business up to 01 year for violations specified in clause 1, clause 3 and point a clause 4 of this Article in case of repeated violations or recidivism.

Article 21. Violation of regulations on goods, services trading with conditions

1. A warning or a fine of between VND 100,000 and 500,000 shall be imposed for one of the following acts:

a) Renting out or lending business condition sufficient Certificate of goods, services with conditions;

b) Arbitrarily adding, erasing or modifying the contents of the business condition sufficient Certificate of goods, services with conditions.

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

a) Individuals, organizations trading conditioned business goods, services are not traders in accordance with provisions;

b) Managers, technicians, staffs directly to purchase goods and staffs directly to perform the services do not guarantee one of the requirements on professionalism, expertise, experience and health as prescribed.

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

a) Goods and services do not guarantee the conditions of circulation in accordance with provision;

b) Business establishments do not guarantee one of the technical requirements, equipment, business processes and other standards as prescribed or during the course of business operation failing to perform or insufficiently, improperly perform business conditions of goods, services trading with conditions as provided;

c) Trading improper contents recorded in the business condition sufficient Certificate granted;

d) Failing to perform properly other relative provisions when trading conditioned business goods, service.

4. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Hiring or borrowing the business condition sufficient Certificate of other traders or practice Certificate of another person for trading conditioned business goods, services;

b) Trading goods, services to be of the list of conditioned business without the business condition sufficient Certificate granted by the competent state management agency or practice Certificate as provided;

c) Continuing the business operation when being stripped the right to use or revoked the business condition sufficient Certificate; practice Certificate by the competent state management agency or the business condition sufficient Certificate expired.

5. A fine of twofold fine level provided from clause 1 to clause 4 of this Article if the violations to be of individuals or organizations that produce, process, manufacture, recycle, classify, assembly, extract, load, pack, import type of conditioned business goods, services.

6. Additional sanctions and measures to overcome consequences:

a) Forced to destroy goods not guaranteeing safety in prevention and combat fire and explosion, sanitation, environment, affecting human health, livestock and plants for violations specified in point a clause 3 of this Article. In case of unable to apply the measures of forcible destruction or violation individuals and organizations do not implement the destruction, such goods shall be confiscated for destruction in accordance with provisions;

b) Stripping of the right to use the business condition sufficient Certificate; practice Certificate up to 01 year for violations specified in clause 1, clause 3 and point a clause 4 of this Article in case of repeated violations or recidivism.

7. In case the administrative violations on conditions of trading goods, service which were prescribed in Decree of the Government on handling of administrative violations in specialized fields shall be sanctioned according to provisions of such Decrees.

Article 22. Handling violations of trading smuggled goods

1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of trading smuggled goods with a value of up to VND 5,000,000.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with a value of more than VND 5,000,000 to 10,000,000.

3. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with a value of more than VND 10,000,000 to 20,000,000.

4. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with a value of more than VND 20,000,000 to 30,000,000.

5. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with a value of more than VND 30,000,000 to 50,000,000.

6. A fine of between VND 5,000,000 and 7,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with a value of more than VND 50,000,000 to 70,000,000.

7. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with a value of more than VND 70,000,000 to less than 100,000,000.

8. A fine of twofold fine level provided from clause 1 to clause 7 of this Article for one of the following cases:

a) Smuggled goods to be of the list of goods banned from import or suspended from import;

b) The violations are of individuals, organizations directly importing such goods.

9. The fine level specified from clause 1 to clause 8 of this Article shall also be applied sanction for:

a) Owner of means of transport or drivers has acts of intentionally transporting smuggled goods;

b) Owner of warehouses, ports, yards, houses have acts of intentionally harboring or concealing smuggled goods;

c) Individuals, organizations trading receipt-delivery service have acts of intentionally delivering, receiving smuggled goods.

10. In case smuggled goods to be of the list of goods banned from business shall be sanctioned in accordance with provisions in Article 18 of this Decree.

11. Additional sanctions and measures to overcome consequences:

a) Forced to destroy goods, products causing harm to human health, livestock, plants, environment and harmful toys for ethical education and health of children and harmful cultural products for the violations provided in this Article. In case of unable to apply the measures of forcible destruction or violation individuals and organizations do not implement the destruction, such goods, products shall be confiscated for destruction in accordance with provisions;

b) Confiscating smuggled goods for the violations provided in this Article, except for the case of being applied measures provided in point a clause 11 of this Article;

c) Confiscating means of transporting smuggled goods for the violations in point a and point c clause 9 of this Article if belonging one of the cases: smuggled goods are valued at more than VND 70,000,000; repeated violations or recidivism; using license plate not to be of such means of transport or license plate of means of transport not to be issued by the competent State management agency; having the acts of evading or obstructing persons being on official duty, unless the cases stipulated in clause 2 Article 17 of the Ordinance on Handling of Administrative Violations and clause 2 Article 12 of Decree No.134/2003/ND-CP-14 dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations.

Article 23. Violation of regulations on labels

1. For one of the acts of trading goods with labels (including auxiliary labels) which are blinded, tattered, faded leading to unable to read the contents required to write on labels of goods or trading goods with labels displayed not in compliance with provisions on the way to write, the language used on the labels to be fined as follows:

a) A warning or a fine of between VND 50,000 and 100,000 shall be imposed if goods with violation labels with value of up to VND 5,000,000;

b) A fine of between VND 100,000 and 200,000 shall be imposed if goods with violation labels with value of more than VND 5,000,000 to 10,000,000;

c) A fine of between VND 200,000 and 500,000 shall be imposed if goods with violation labels with value of more than VND 10,000,000 to 20,000,000;

d) A fine of between VND 500,000 and 1,000,000 shall be imposed if goods with violation labels with value of more than VND 20,000,000 to 30,000,000;

đ) A fine of between VND 1,000,000 and 3,000,000 shall be imposed if goods with violation labels with value of more than VND 30,000,000 to 50,000,000;

e) A fine of between VND 3,000,000 and 5,000,000 shall be imposed if goods with violation labels with value of more than VND 50,000,000 to 70,000,000;

g) A fine of between VND 5,000,000 and 10,000,000 shall be imposed if goods with violation labels with value of more than VND 70,000,000 to 100,000,000.

2. For one of the acts of trading goods with labels (including auxiliary labels) or attached documents recording insufficiently forcible contents according to regulations or trading imported goods with original labels in foreign languages ​​without auxiliary labels in Vietnamese accordance with provisions shall be sanctioned as follows:

a) A warning or a fine of between VND 100,000 and 200,000 shall be imposed if goods with violation labels with value of up to VND 5,000,000;

b) A fine of between VND 200,000 and 500,000 shall be imposed if goods with violation labels with value of more than VND 5,000,000 to 10,000,000;

c) A fine of between VND 500,000 and 1,000,000 shall be imposed if goods with violation labels with value of more than VND 10,000,000 to 20,000,000;

d) A fine of between VND 1,000,000 and 2,000,000 shall be imposed if goods with violation labels with value of more than VND 20,000,000 to 30,000,000;

đ) A fine of between VND 2,000,000 and 5,000,000 shall be imposed if goods with violation labels with value of more than VND 30,000,000 to 50,000,000;

e) A fine of between VND 5,000,000 and 10,000,000 shall be imposed if goods with violation labels with value of more than VND 50,000,000 to 70,000,000;

g) A fine of between VND 10,000,000 and 15,000,000 shall be imposed if goods with violation labels with value of more than VND 70,000,000 to 100,000,000.

3. For one of the acts of trading goods which on its labels having contents not required to be pictures, drawings, writings, signs of quality, quality standards, quality icon, barcode, medals, awards of all types and other optional information not in compliance with the true; trading goods which on its labels having the forcible to write contents not in compliance with the actuality of the goods or not complying with quality announced contents; trading goods with labels (including the original labels or auxiliary labels of imported goods) which are erased, modified leading to false information on goods shall be fined as follows:

a) A warning or a fine of between VND 200,000 and 500,000 shall be imposed if goods with violation labels with value of up to VND 5,000,000;

b) A fine of between VND 500,000 and 1,000,000 shall be imposed if goods with violation labels with value of more than VND 5,000,000 to 10,000,000;

c) A fine of between VND 1,000,000 and 2,000,000 shall be imposed if goods with violation labels with value of more than VND 10,000,000 to 20,000,000;

d) A fine of between VND 2,000,000 and 5,000,000 shall be imposed if goods with violation labels with value of more than VND 20,000,000 to 30,000,000;

đ) A fine of between VND 5,000,000 and 10,000,000 shall be imposed if goods with violation labels with value of more than VND 30,000,000 to 50,000,000;

e) A fine of between VND 10,000,000 and 15,000,000 shall be imposed if goods with violation labels with value of more than VND 50,000,000 to 70,000,000;

g) A fine of between VND 15,000,000 and 20,000,000 shall be imposed if goods with violation labels with value of more than VND 70,000,000 to 100,000,000.

4. For the acts of trading goods which are required to have labels according provisions but having no one shall be sanctioned as follows:

a) A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed if goods with violation labels with value of up to VND 5,000,000;

b) A fine of between VND 1,000,000 and 2,000,000 shall be imposed if goods with violation labels with value of more than VND 5,000,000 to 10,000,000;

c) A fine of between VND 2,000,000 and 5,000,000 shall be imposed if goods with violation labels with value of more than VND 10,000,000 to 20,000,000;

d) A fine of between VND 5,000,000 and 10,000,000 shall be imposed if goods with violation labels with value of more than VND 20,000,000 to 30,000,000;

đ) A fine of between VND 10,000,000 and 15,000,000 shall be imposed if goods with violation labels with value of more than VND 30,000,000 to 50,000,000;

e) A fine of between VND 15,000,000 and 20,000,000 shall be imposed if goods with violation labels with value of more than VND 50,000,000 to 70,000,000;

g) A fine of between VND 20,000,000 and 30,000,000 shall be imposed if goods with violation labels with value of more than VND 70,000,000 to 100,000,000.

5. A fine of twofold fine level provided from clause 1 to clause 4 of this Article for one of the following cases:

a) Violations of the labels is of stuff food, drugs of prevention and treatment for human, veterinary drugs, fertilizers, animal feed, plant protection drugs, plant varieties;

b) Violations of the labels are of individuals or organizations that produce, process, manufacture, recycle, classify, assembly, extract, load, pack, import goods.

6. For the acts of trading expired goods shall be fined as prescribed in Article 26 of this Decree.

7. For the acts of trading goods being counterfeited labels, packaging as stipulated in point b clause 8, Article 3 of this Decree shall be sanctioned in accordance with Article 24 of this Decree.

8. For acts of trading goods being counterfeited labels, protected geographical indications and goods to be copies which are made ​​without the permission of the subject of copyright or related rights specified in point c clause 8 Article 3 of this Decree shall apply the provisions on sanctions of administrative violations in the fields of relative state management.

9. Additional sanctions and measures to overcome consequences:

a) Forced to suspend the circulation of goods with violation labels for the violations provided from clause 1 to clause 5 of this Article;

b) Forced traders that produce, process, assembly, import goods to recall goods with violation labels, overcome violations on labels before continuing to circulate goods for the violations provided from  clause 1 to clause 5 of this Article;

d) Forced to destroy goods not guaranteeing safety in use for human being, livestock and plants, affecting ecology, environment for the violations specified from clause 1 to clause 5 of this Article. In case of unable to apply the measures of forcible destruction or violation individuals and organizations do not implement the destruction, such goods shall be confiscated for destruction in accordance with provisions.

Article 24. Sanctioning acts of trading fake goods

1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of trading fake goods with value of up to VND 1,000,000.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with value of more than VND 1,000,000 to 3,000,000.

3. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with value of more than VND 3,000,000 to 5,000,000.

4. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with value of more than VND 5,000,000 to 10,000,000.

5. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with value of more than VND 10,000,000 to 20,000,000.

6. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for the acts of violations provided in clause 1 of this Article with value of more than VND 20,000,000 to less than 30,000,000.

7. A fine of twofold fine level provided from clause 1 to clause 6 of this Article for one of the following cases:

a) The violations are of individuals or organizations that produce, process, manufacture, recycle and classify, assembly, extract, load, pack, import fake goods;

b) Counterfeit goods are foodstuff, drugs of prevention and treatment for human being, cosmetics, veterinary drugs, fertilizers, cement, steel, animal feed, plant protection drugs, plant varieties and animal breeds.

8. For acts of trading goods being counterfeited labels, protected geographical indications and goods to be copies which are made without the permission of the subject of copyright or related rights specified in point c clause 8 Article 3 of this Decree shall apply the provisions on sanctions of administrative violations in the fields of relative state management.

9. Additional sanctions and measures to overcome consequences:

a) Forced to destroy fake goods without use value, utility, not guaranteeing safety in use, causing harm to production, human health, livestock and plants, ecology, environment for the violations specified in this Article. In case of unable to apply the measures of forcible destruction or violation individuals and organizations do not implement the destruction, such goods shall be confiscated for destruction in accordance with provisions;

b) Forced to reject fake factors on labels or packages for the violations specified in this Article if not belonging to the cases of applying measures provided in point a clause 9 of this Article.  In case of unable to reject fake factors on labels or packages or violation individuals and organizations do not implement the rejection, such goods shall be confiscated for settlement in accordance with provisions;

c) Confiscating material evidence, means used for doing fake goods for the cases of violations provided in point a clause 7 of this Article.

Article 25. Sanction imposed for the acts of trading stamps, labels, packages of fake goods

1. For the acts of trading stamps, labels, packages of fake goods provided in point d clause 8 Article 3 of this Decree shall be sanctioned as follows:

a) A warning or a fine of between VND 50,000 and 100,000 shall be imposed if stamps, packages of fake goods with number of up to 100 pieces, sheets or the equivalent units (hereinafter referred to as units);

b) A fine of between VND 100,000 and 500,000 shall be imposed if stamps, labels, packages of fake goods with number of more than 100 units to 500 units;

c) A fine of between VND 500,000 and 1,000,000 shall be imposed if stamps, labels, packages of fake goods with number of more than 500 units to 1,000 units;

d) A fine of between VND 1,000,000 and 2,000,000 shall be imposed if stamps, labels, packages of fake goods with number of more than 1,000 units to 2,000 units;

đ) A fine of between VND 2,000,000 and 5,000,000 shall be imposed if stamps, labels, packages of fake goods with number of more than 2,000 units to 3,000 units;

e) A fine of between VND 5,000,000 and 10,000,000 shall be imposed if stamps, labels, packages of fake goods with number of more than 3,000 units to 5,000 units;

g) A fine of between VND 10,000,000 and 20,000,000 shall be imposed if stamps, labels, packages of fake goods with number of more than 5,000 units to 10,000 units;

h) A fine of between VND 20,000,000 and 30,000,000 shall be imposed if stamps, labels, packages of fake goods with number of more than 10,000 units.

2. A fine of twofold fine level provided in clause 1 of this Article for one of the following cases:

a) Stamps, labels, packages of fake goods are of foodstuff, drugs of prevention and treatment for human being, cosmetics, veterinary drugs, fertilizers, cement, steel, animal feed, plant protection drugs, plant varieties and animal breeds;

b) The violations are of individuals, organizations making or importing stamps, labels, packages of fake goods.

3. Additional sanctions and measures to overcome consequences:

a) Forced to destroy all types of stamps, labels, packages of fake goods for violations provided in this Article. In case of unable to apply measures of forcible destruction or violation individuals and organizations do not implement the destruction, such goods shall be confiscated for destruction in accordance with provisions;

b) Confiscating material evidence, means used for doing stamps, labels, packages of fake goods for the cases of violations provided in point b clause 2 of this Article.

Article 26. Sanctioning the acts of trading expired goods

1. A warning or a fine of between VND 200,000 and 500,000 shall be imposed for one of the following acts with goods value of up to VND 1,000,000:

a) Trading goods expired on the labels or packaging of goods;

b) Exchanging, changing labels, packaging of goods or erasing, modifying time limits for use on labels, packaging of expired goods or going to expire in order to prolong its use term.

2. A fine of between VND 500,000 to 1,000,000 shall be imposed for one of the acts provided in clause 1 of this Article with goods value of more than VND 1,000,000 to 3,000,000.

3. A fine of between VND 1,000,000 to 2,000,000 shall be imposed for one of the acts provided in clause 1 of this Article with goods value of more than VND 3,000,000 to 5,000,000.

4. A fine of between VND 2,000,000 to 5,000,000 shall be imposed for one of the acts provided in clause 1 of this Article with goods value of more than VND 5,000,000 to 10,000,000.

5. A fine of between VND 5,000,000 to 10,000,000 shall be imposed for one of the acts provided in clause 1 of this Article with goods value of more than VND 10,000,000 to 20,000,000.

6. A fine of between VND 10,000,000 to 20,000,000 shall be imposed for one of the acts provided in clause 1 of this Article with goods value of more than VND 20,000,000 to 30,000,000.

7. A fine of between VND 20,000,000 to 30,000,000 shall be imposed for one of the acts provided in clause 1 of this Article with goods value of more than VND 30,000,000.

8. A fine of twofold fine level provided from clause 1 to clause 7 of this Article for one of the following cases:

a) The violations are of individuals or organizations that produce, process, manufacture, recycle and classify, assembly, extract, load, pack, import fake goods;

b) Violation goods are foodstuff, drugs of prevention and treatment for human being, cosmetics, veterinary drugs, fertilizers, cement, steel, animal feed, plant protection drugs, plant varieties and animal breeds.

9. Additional sanctions and measures to overcome consequences:

a) Forced to terminate the circulation, recall goods with labels or packages violating on use term of goods being circulated in the market for the violations provided in this Article;

b) Forced to destroy goods for the violations provided in this Article. In case of unable to apply measures of forcible destruction or violation individuals and organizations do not implement the destruction, such goods shall be confiscated for destruction in accordance with provisions.

Article 27. Violation of regulations on transaction with customers, consumers

1. A warning or a fine of between VND 100,000 and 500,000 shall be imposed for one of the following acts:

a) Having words, actions, attitudes to offend customers, consumers, when selling goods or providing services;

b) Failing to pay compensation, refund money or exchange goods and services to customers, consumers due to mistake;

c) Exchanging fraudulently, cheating goods and services valued at less than VND 500,000 as delivering, providing services to customers, consumers;

d) Failing to pay compensation, refund money or exchange goods and services to customers, consumers due to exchange fraudulently, cheat goods and services valued at less than VND 500,000.

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

a) Having words or actions to provide lack of honesty, false information to customers, consumers on goods and business services;

b) Failing to provide sufficient information to customers, consumers in case goods to be defective or be able to cause dangerous when they are used;

c) Having words or actions, attitude to force customers when purchasing, selling goods, services.

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

a) Self-willed reduction of packaging, accessories, replacement parts, promotion goods, technical documentation and manual together with when selling goods, providing services;

b) Failing to implement the warranty of products and services which in accordance with provisions, they must be warranted or self-proclaimed to warranty within the publicized time limit;

c) Causing difficulties and obstacles for customers, consumers in the warranty of goods or services.

4. A fine of twofold fine level provided in clause 3 of this Article in case of transacted goods valued at more than VND 5,000,000 to 20,000,000.

5. A fine of threefold fine level provided in clause 3 of this Article in case of transacted goods valued at more than VND 20,000,000 to 50,000,000.

6. A fine of fourfold fine level provided in clause 3 of this Article in case of transacted goods valued at more than VND 50,000,000.

7. Measures to overcome consequences:

a) Forced to apologize to customers for the violations provided in point a clause 1 and point c clause 2 of this Article;

b) Forced to pay compensation, refund money or exchange goods and services to customers, consumers for the violations provided in point b, point c and point d clause 1 of this Article;

c) Forced to repay packaging, accessories, replacement parts, promotion goods, technical documentation and manual together with when selling goods, providing services for the violations provided in point a clause 3, similar to clause 4, clause 5 and clause 6 of this Article;

d) Forced to implement the warranty of products, services for the violations provided in point b and point c clause 3 of this Article.

Article 28. Sanction for other administrative violations in trade activities

For other administrative violations in trade activities on measurement of goods, quality of goods, services; safety, food hygiene; bills, vouchers of purchasing, selling goods or providing services; price, price listing of goods and services; unfair competition; infringement of intellectual property rights shall apply the provisions on sanctioning of administrative violations in the fields of relative state management.

Item IV. VIOLATION OF REGULATIONS ON TRADE PROMOTION ACTIVITIES

Article 29. Violation of regulations on promotion

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

a) Requiring customers to make any payment obligations when implementing promotion upon the form of giving samples, providing trial-use service to customers;

b) Hiring or receiving to implement promotion services without written contract or by other forms with equivalent legal validity.

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

a) Failing to publicize information under the provisions or failing to properly perform the method to publicize the promotion required to publicize according to provisions when organizing promotion;

b) Failing to confirm accurately and timely the participation of customers into frequent customer program.

3. A fine of between VND 3,000,000 to 5,000,000 for persons operating commerce independently, frequently not be required to register the business if doing one of the following acts:

a) Organizing to sell goods, providing services together with contest ticket to customers to select the winners;

b) Organizing to sell goods, providing services together with participation in risk promotion program;

c) Organizing frequent promotion programs.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Organizing promotion programs under the forms of reducing prices for a certain brand of goods and service in which total duration of implementation in excess of 90 days in a year or a promotion program exceeds 45 days;

b) Organizing promotion programs under the forms of selling goods, providing services together with participation in risk promotion program for a certain brand of goods and service in which total duration of implementation in excess of 180 days in a year or a promotion program exceeds 90 days;

c) Organizing promotion programs which material value used to promote for a unit of goods in excess of 50% of the unit price of a promoted goods or service unit prior to the promotional period, except for the promotion under the forms permitted by law;

d) Organizing promotion programs in which total value of goods, service used to promote a promotion program implemented by trader in excess of 50% of total value of promoted goods, services, except for the promotion under the forms giving samples, supplying trial-use services to customers without making payment;

đ) Organizing promotion programs in which the maximum reduction for promoted goods, services in excess of 50% of such goods, services right before the promotion time;

e) Using promotion lottery tickets with form similar to lottery tickets issued monopoly by the State or using the lottery results of the state to determine the winning results;

g) Organizing the forms of promotion which are subject to registration but not registering with the competent state management agencies within the prescribed time limit or registered contents not being honest, sufficient in accordance with provisions or not been confirmed yet in writing by the competent state management agency;

h) Organizing promotions without notice in writing on them or failing to send report on the winning results to the competent management agency within the prescribed time limit;

i) Failing to guarantee the convenient conditions to promotion winning customers to receive the award or settling unclearly, fast the claims related to promotion program.

5. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:

a) Failing to write all required contents in accordance with provisions on the coupons, tickets of using the service, contest tickets, promotion lottery tickets, customer cards, receipts of the purchase of goods and services used in the promotion programs;

b) Failing to organize publicly the award opening of risk promotion programs or failing to comply with the announced rules or without witness of customers;

c) Organizing the contests and opening award publicly, without the witness of representatives of consumers, failing to inform to the competent state management agencies on the location to hold the contest, award opening when making sales promotions programs, providing services together with contest tickets to customers to select the winner for the award;

d) Failing to organize the contests and giving awards under rules or organizing the contest and giving awards not in compliance with the publicity when making sales promotions programs under the form of selling goods, providing services together with contest tickets to customers to select the winner for the award;

đ) Failing to notify to the competent state management agency on the time, location to conduct the provision of winning-award proof into goods in case the award winning is determined on the basis of winning-award proof attached to goods;

e) Failing to publicly announce the winning results on at least one mass media at the provinces and cities directly under the Central where hold the promotion program or at the location to sell goods to be of promotion program when promoting under the  form of selling goods or providing services together with participation in the risk programs.

6. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Opening the award before destroying the non-issued promotion lottery tickets;

b) Promotion under the form of reducing prices of selling goods or providing services that reduction is lower the minimum price in case of prices of selling goods, providing services to be of the case the State stipulates price brackets or minimum price;

c) Promotion under the form of reducing prices of selling goods or providing services for the case the prices of selling goods or providing services to be of the case the State provided prices specifically.

7. A fine of between VND 20,000,000 and 25,000,000 shall be imposed for one of the following acts:

a) Failing to implement or implementing insufficiently or delaying the implementation of commitments on promotions publicized, notified or registered with the competent State management agencies;

b) Failing to implement the extraction to remit the state budget or failing to send written report to the competent state management agency within the prescribed time limit on the handling of prize value without winners after the expiry of giving award when implementing promotion program under the form of selling goods, supplying services together with the participation in the risk programs;

c) Terminating the implementation of promotion program prior to the time limit announced or has been confirmed by the competent State management agencies except for the case permitted by law and performed fully conditions provided.

8. A fine of between VND 25,000,000 and 30,000,000 shall be imposed for one of the following acts:

a) Contents of contest program or the use of contest tickets to select person for the award according to rules and prizes has been announced with contents, forms contrary to historic tradition, culture, ethics, fine customs of Vietnam;

b) Promotion for goods and services banned from business, restricted business, goods not being permitted yet to circulate and services not being permitted yet to supply and poor quality goods;

c) Using goods, services for promotions being goods and services banned from business, restricted business, goods not being permitted yet to circulate and services not being permitted yet to supply and poor quality goods;

d) Promotion or use of tobacco, liquor with alcoholic volume from 30 degrees or more to promote under any form;

đ) Promotion or use of tobacco, beer to promote for the under 18 year-old person;

e) Using medicines for human treatment (including the drugs had been circulated) to promote;

g) Organizing the promotion at headquarters of state management agencies, schools, hospitals, political organizations, socio-politic organizations, people's armed units;

h) Performing promotional forms other than the one prescribed by law without approval of the competent state management agencies.

9. A fine of twofold fine level specified from clause 1 to clause 8 of this Article if the violation is done in the area of two provinces and cities directly under the central or more.

10. For the violations on unfair competition promotion, the regulations of law on competition shall be applied to sanction.

11. Additional sanctions and measures to overcome consequences:

a) Forced to destroy goods banned from business, goods not being permitted yet to circulate and poor quality goods for the violations provided in point c clause 8 of this Article. In case of unable to apply measures of forcible destruction or violation individuals and organizations do not implement the destruction, such goods shall be confiscated for destruction in accordance with provisions;

b) Forced to destroy award opening results and hold to open award again for the violations provided in point e clause 4, point b, point c, point d clause 5 and point a clause 6 of this Article;

c) Forced to recall and destroy contents of contest program or contest tickets with contents, forms contrary to historic tradition, culture, ethics, fine customs of Vietnam for the violations provided in point a clause 8 of this Article;

d) Forced to publicize the award winning results as provided for the violations provided in point e clause 5 of this Article;

đ) Confiscating goods, material evidence used to implement the acts of promotion for the violations provided in point d, point đ and point e clause 8 of this Article.

Article 30. Violation of regulations on trade exhibitions, fair

1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Declaring unfaithfully, inexactly contents in the dossier of registration to hold fair, exhibitions;

 b) Failing to list subject, the time for fairs and exhibitions at the location to hold such trade fairs, exhibitions before the opening date of trade fairs and exhibitions;

c) Failing to report in writing to the competent state management agencies within the prescribed time limit on the results of holding fairs, exhibitions after ending them in domestic or overseas;

d) Changing, supplementing registered contents when holding trade fairs, exhibitions in Vietnam without report in writing to the competent state management agencies within the prescribed time limit or the confirmation on the change, supplement of registered contents by the competent state management agencies.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Changing, supplementing registered contents when holding overseas trade fairs, exhibitions without report in writing to the competent state management agencies within the prescribed time limit or the confirmation on the change, supplement of registered contents by the competent state management agencies;

b) Displaying counterfeit goods and goods infringing the intellectual property rights to compare with the genuine one without the approval of the competent state management agency in accordance with provisions;

c) Displaying counterfeit goods and goods infringing the intellectual property rights to compare with the genuine one which have not confirmed yet by the competent state management agency that they are counterfeit goods, goods infringing the intellectual property rights;

d) Displaying counterfeit goods and goods infringing the intellectual property rights without listing clearly that such goods are the counterfeits, the one infringing the intellectual property rights;

đ) Displaying at trade fairs and exhibitions types of goods or services to be of the list prohibited business, limited business, goods without permission or not yet permitted for circulation, services not yet permitted to supply in Vietnam or goods not in compliance with quality standards, safety, food hygiene, expiry;

e) Displaying at trade fairs and exhibitions types of goods to be of the list banned from import;

g) Displaying at trade fairs and exhibitions goods (including goods of temporary import to display, introduce at the fairs and exhibitions) without labels or with labels not in compliance with regulations of law on labels;

h) Failing to implement the re-export for temporarily imported goods to take part in the fairs and exhibitions in Vietnam after ending the shows within the prescribed limit time.

3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Holding fairs, exhibitions without registration with the competent state management agencies as prescribed or not yet confirmed in writing on the registration to hold fairs, exhibitions by the competent state management agencies;

b) Organizing for traders, individuals, organizations to take part in overseas trade fairs, exhibitions without registration with the competent state management agencies or not yet confirmed in writing on the registration by the competent state management agencies;

c) Using name and subject of the Exhibition with words broadcasting the quality, titles of goods, services or reputation, the title of traders, organizations or individuals taking part in trade fairs without evidence to prove the quality, the title of the goods, services or reputation, the title of merchants, organizations and individuals;

d) Granting awards, certifying quality, the title of the goods, services or reputation, the title of traders, organizations or individuals participating in trade fairs not in compliance with law regulations.

4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following acts:

a) Foreign traders directly hold the trade fairs, exhibitions in Vietnam;

b) Selling, giving temporarily imported goods to display at the trade fairs, exhibitions without approval in writing by the competent state management agencies;

c) Selling, giving temporarily exported goods to take part in the overseas trade fairs, exhibitions to be of export required to have permits of the competent state management agencies or to be of being banned from import without written approval of the competent state management agencies;

d) Unauthorized consumption in Vietnam market of temporarily imported goods for participation in trade fairs and exhibitions.

5. A fine of twofold fine level specified for the violations provided in point a and point b clause 3 of this Article if the violations are of organizations trading services of trade fairs, exhibitions.

6. The violations of regulations on circulation, trading goods and services at trade fairs, exhibitions organized in Vietnam shall be sanctioned under the relevant provisions of this Decree.

7. Additional sanctions and measures to overcome consequences:

a) Confiscating goods banned from business, goods without permission or not yet permitted for circulation in Vietnam, the goods banned from import for the violations specified in point đ and point e clause 2 of this Article;

b) Forced to destroy counterfeit goods or goods not guaranteeing quality standards, safety, food hygiene, expiry for the violations specified in point b, point c, point d and point đ, clause 2 of this Article. In case of unable to apply measures of forcible destruction or violation individuals and organizations do not implement the destruction, such goods shall be confiscated for destruction in accordance with provisions;

c) Forced to re-export goods for the violations specified in point h clause 2 of this Article within the time which the competent to sanction person prescribes. In case of being forced to re-export goods but not doing so within the above mentioned time limit, such goods shall be confiscated;

d) Confiscating material evidences or the money earned from sales due to perform the acts of administrative violations for the violations specified in point b, point c and point d clause 4 of this Article.

Article 31. Violation of regulations on and goods and services introduction, display

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

a) Displaying, introducing goods without labels or with labels not in compliance with provisions;

b) Displaying, introducing sample goods not in compliance with goods trading on design, packaging, quality, utility, style, type, price, warranty period;

c) Displaying, introducing goods, services of other traders to compare with goods of themselves, except for the goods to be compared are fake one, goods infringing the intellectual property rights as prescribed.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Displaying, introducing goods, services to be of the list of goods, service banned from business, good without being permitted or not yet permitted from circulation, services not yet supplied in Vietnam, goods not guaranteeing quality standards announced, safety, foods hygiene, goods expired;

b) Displaying, introducing goods to be of the list banned from import;

c) Failing to re-export temporarily imported goods to display, introduce after ending the display, introduction within the prescribed time limit.

3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Displaying and introducing goods, services or using the form, means to display, introduce goods and services causing harm to national security, public order, social security, landscape, environment and human health;

b) Displaying and introducing goods, services or using the form, means to display, introduce contrary to historic tradition, culture, ethnic, fine customs of Vietnam;

c) Displaying and introducing goods, services disclosing national secrets;

d) Illegal consumption of goods being temporarily imported to display, introduce.

4. Additional sanctions and measures to overcome consequences:

a) Confiscating goods banned from business, goods without permission or not yet permitted for circulation in Vietnam, the goods banned from import for the violations specified in point a and point b clause 2 of this Article, if not belonging to the have-to-apply-measures cases as provided in point đ clause 4 of this Article;

b) Confiscating material evidence, means of violation for the violations provided in point a, point b and point c clause 3 of this Article;

c) Confiscating material evidences or the money earned from sales due to perform the acts of administrative violations for the violations specified in point d clause 3 of this Article;

d) Forced to re-export goods for the violations specified in point c clause 2 of this Article within the time which the competent to sanction person prescribes. In case of being forced to re-export goods but not doing so within the above mentioned time limit, such goods shall be confiscated;

 đ) Forced to destroy goods not guaranteeing quality standards, safety, food hygiene, expiry for the violations specified in point a and point b clause 2 of this Article. In case of unable to apply measures of forcible destruction or violation individuals and organizations do not implement the destruction, such goods shall be confiscated for destruction in accordance with provisions.

Article 32. Sanction of administrative violations on trade advertisement

For the administrative violations on trade advertisement, the provisions on sanction of administrative violations in the field of relative state management shall be applied.

Article 33. Violation of regulations on goods banned from export, import or suspended the export, import

1. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for acts of exporting or importing the goods to be subject to temporary suspension of export and import without the written permission of the competent state management agencies.

2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for acts of exporting or importing the goods to be of the list of being banned from export or import without the written permission of the competent state management agencies.

3. Additional sanctions and measures to overcome consequences:

a) Forced to destroy goods causing harm to human health, environmental pollution, spread of disease for the violations specified in this Article. In case of unable to apply measures of forcible destruction or violation individuals and organizations do not implement the destruction, such goods shall be confiscated for destruction in accordance with provisions;

b) Confiscating goods for the violations provided in this Article if not belonging to the have-to-apply-measures cases as provided in point a clause 3 of this Article.

Article 34. Violation of regulations on quotas, goods import, export licenses

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for acts of arbitrarily erasing, correcting, supplementing, changing contents of quotas, goods import and export licenses.

2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for acts of forgery, unauthorized use of quotas, goods import and export licenses.

3. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for acts of exporting, importing goods without quotas, goods import and export licenses according to provisions.

 4. Additional sanctions and measures to overcome consequences:

a) Forced to bring out of the Vietnam territory at the entry border gate or export suspension for the violations provided in clause 3 of this Article;

b) Forced to destroy goods causing harm to human health, environmental pollution, spread of disease for the violations specified in clause 3 of this Article. In case of unable to apply measures of forcible destruction or violation individuals and organizations do not implement the destruction, such goods shall be confiscated for destruction in accordance with provisions.

Article 35. Violation of regulations on goods import, export consignment

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Consigning or receiving the consignment of goods import and export to be of the list of goods banned from export, suspended export, banned from import, suspended import;

b) Consigning or receiving the consignment of goods import and export to be of the list of importing, exporting goods with conditions but the consigning party and consigned party having no quotas, goods import and export licenses granted by the competent state management agencies.

2. Measures to overcome consequences:

Forced to bring out of the Vietnam territory at the entry border gate or export suspension for the violations provided in clause 1 of this Article.

Article 36. Violation of regulations on goods temporary import for re-export, temporary export for re-imports

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Temporary import for re-export, temporary export for re-import of goods which are required permit of the competent state management agencies but having no one as prescribed;

b) Failing to re-export goods which have exceeded the must-re-export time limit;

c) Temporarily importing goods for re-export not in compliance with border gate as prescribed.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for acts of trading temporary import for re-export of goods to be of the case of trade suspension according to the mode of temporary import for re-export.

3. Additional sanctions and measures to overcome consequences:

a) Forced to re-export goods or suspend the temporary import for re-export for the violations provided in point a clause 1 and clause 2 of this Article;

b) Forced to re-export goods for the violations provided in point b clause 1 of this Article within the time limit that the competent to sanction person prescribes. In case of being forced to re-export goods but not doing so within the above mentioned time limit, such goods shall be confiscated;

c) Forced to temporarily import for re-export of goods in compliance with border gate as provided or suspending the temporary import for re-export of goods for the violations provided in point c clause 1 of this Article.

Article 37. Violation of regulations on transfer of goods

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Transferring improper category or in access of the number of goods specified in the permit issued by the competent state management agency;

b) Transferring goods not incompliance with border gate as provided.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Transferring goods required to have permit issued by the competent state management agency but having no one;

b) Trading the transfer of type of goods to be of the case being suspended business according to the mode of transfer.

3. Measures to overcome consequences:

 a) Forced to bring out of the Vietnam territory at the entry border gate or transfer suspension of goods for the violations provided in point a clause 2 of this Article;

b) Forced to transfer goods in compliance with border gate as provided or suspending the transfer of goods for the violations provided in point b clause 1 of this Article;

c) Confiscating goods transferred not in compliance with categories, exceeding the number of goods allowed to transfer or goods which are suspended business by the mode of transfer specified in point a clause 1 and point b clause 2 of this Article.

Article 38. Violation of regulations on transit of goods

1. A fine of between VND 1,000,000 and 5,000,000 shall be imposed for acts of transiting goods not in compliance with route, border gate allowed to transit, except for the case prescribed in point a clause 2 of this Article.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Transiting type of goods required to have permit not in compliance with route, border gate allowed to transit;

b) Goods in transit stay on the Vietnam territory exceeding the permitted time limit.

3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for the acts of transiting type of goods required to have permit issued by the competent state management agency but having no one.

4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the acts of consuming illegally transited goods, means in Vietnam territory.

5. Additional sanctions and measures to overcome consequences:

a) Forced to transfer goods in compliance with route, border gate for the violations provided in clause 1 and point a clause 2 of this Article;

b) Forced to bring out of the Vietnam territory at the entry border gate for the violations provided in clause 3 of this Article;

c) Forced to transit goods for the violations provided in point b clause 2 of this Article within the time limit that the competent to sanction person prescribes. In case of being forced to transit goods but not doing so within the above mentioned time limit, such goods shall be confiscated;

d) Confiscating transited goods, transit means or the amount collected due to conduct the acts of administrative violations for the violations specified in clause 4 of this Article.

Article 39. Violation of regulations on duty free shop

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of trading duty-free goods exceeding prescribed quantities.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of trading duty-free goods not in compliance with subjects.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for acts of trading duty-free goods not in compliance with the registered list recorded in the Certificate of sufficient conditions for trading duty-free goods granted.

4. For the acts of trading goods at duty-free shops not stamping "Vietnam duty not paid" in accordance with provisions or trading duty-free goods such as cigars and cigarettes produced from abroad and types of goods which are subject to export, import with conditions but having no export, import license as prescribed shall be sanctioned as follows:

a) A warning or a fine of between VND 100,000 and 500,000 shall be imposed in case of goods with value of up to VND 2,000,000;

b) A fine of between VND 500,000 and 1,000,000 shall be imposed in case of goods with value of more than VND 2,000,000 to 5,000,000;

c) A fine of between VND 1,000,000 and 5,000,000 shall be imposed in case of goods with value of more than VND 5,000,000 to 10,000,000;

d) A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case of goods with value of more than VND 10,000,000 to 20,000,000;

đ) A fine of between VND 10,000,000 and 15,000,000 shall be imposed in case of goods with value of more than VND 20,000,000 to 30,000,000;

e) A fine of between VND 15,000,000 and 20,000,000 shall be imposed in case of goods with value of more than VND 30,000,000 to 50,000,000;

g) A fine of between VND 20,000,000 and 30,000,000 shall be imposed in case of goods with value of more than VND 50,000,000.

5. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the following acts:

a) Trading at duty-free shop type of goods banned from export, import or suspended export, import;

b) Trading at duty-free shop type of goods without origin from lawful import;

c) Selling illegally in domestic market types of goods permitted to import for selling at duty-free shop.

6. Additional sanctions and measures to overcome consequences:

a) Confiscating goods for the violations provided in clause 4 and point a, point b clause 5 of this Article;

b) Confiscating goods or the amount collected due to conduct the acts of administrative violations for the violations specified in clause 1, clause 2 and point c clause 5 of this Article.

7. Apart from the application of above mentioned sanctions, the competent to sanction persons must petition to the competent state management agencies to revoke the Certificate of sufficient conditions for trading duty-free goods for the violations provided in this Article in case of repeated violations or recidivism.

Article 40. Violation of regulations on origin of exports, imports

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Supplying untruth documents, vouchers to the competent agencies when requesting for Certificate of origin;

b) Arbitrarily erasing, modifying contents of the Certificate of origin (C/O) granted.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Making or using fake C/O;

b) Bringing origin faked goods into Vietnam territory;

c) Exporting origin faked goods.

3. Additional sanctions and measures to overcome consequences:

a) Forced to suspend the export for the violations provided in point c clause 2 f this Article;

b) Forced to destroy goods causing harm to human health, environmental pollution, spread of disease for the violations specified in point b clause 2 of this Article. In case of unable to apply measures of forcible destruction or violation individuals and organizations do not implement the destruction, such goods shall be confiscated for destruction in accordance with provisions;

c) Confiscating goods for the violations provided in point b clause 2 of this Article if not belonging to the must-apply-measures case as prescribed in point b clause 3 of this Article.

Article 41. Sanction of other administrative violations on export and import of goods and services related to export and import of goods

For other administrative violations on export and import of goods, exchange of goods across the border of border residents and the services related to export and import of goods not specified in this Decree, the provisions on sanctioning of administrative violations in the field of relative state management shall be applied.

Item V. VIOLATION OF REGULATIONS ON TRADE INTERMEDIATE ACTIVITIES

Article 42. Violation of regulations on representatives for traders

1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of hiring representatives or being representatives to other traders without representative contract in accordance provisions.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for the acts of hiring representatives or being representatives to other traders which are not traders as prescribed.

Article 43. Violation of regulations on trade intermediate

1. A fine of between VND 300,000 and 500,000 shall be imposed for individuals with acts of trading, commercial intermediate which are not traders as prescribed.

2. A fine of between VND 1,000,000 and 5,000,000 shall be imposed for organizations with acts of trading, commercial intermediate which are not traders as prescribed.

Article 44. Violation of regulations on consignment of purchasing, selling goods

1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of consigning or receiving the consignment of purchasing, selling goods without consignment contract as prescribed.

2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of receiving the consignment not in compliance with business lines, goods recorded in the Certificate of business registration.

Article 45. Violation of regulations on agents of purchasing, selling goods, services

1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for one of the following acts:

a) Individuals having the acts of assigning agents or being agents which are not traders as prescribed;

b) Traders assigning agents or to be agents without agent contract of purchasing, selling goods in accordance provisions.

2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of assigning agents or being agents of purchasing, selling goods, services not in compliance with business lines, goods and services recorded in the Certificate of business registration or business License.

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Organizations having the acts of assigning agents or being agents which are not traders as prescribed;

b) Agents assigning party or receive-to-be agents party of purchasing, selling goods, services not guaranteeing prescribed conditions on assigning agents or being agents of purchasing, selling goods, services;

c) Failing to record or recording improper name, logo of agents assigning party on the signboard at the location of purchasing, selling agent goods or agent service establishment as prescribed.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Trading goods, services which are required the form of agent as prescribed but not implementing or implementing not in compliance with provisions;

b) The agents purchasing, selling goods, services not in compliance with goods, services according to agent contracts;

c) Forging name of agents to purchase, sell goods and services for business;

d) Failing to implement according to conditions provided when hiring foreign traders to be agent to sell goods in overseas.

5. A fine of twofold fine level provided from clause 1 to clause 4 of this Article for the case agents of goods, services restricted from business or conditioned business.

6. Other violations on trading goods, services under the form of agent shall be sanctioned according to relative provisions in this Decree.

Item VI. VIOLATION OF REGULATIONS ON OTHER TRADE ACTIVITIES

Article 46. Violation of regulations on trading goods auction

1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of making services of holding goods auction without contract as prescribed.

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

a) Making services of holding goods auction which are not traders as prescribed;

b) Failing to list publicly, fully, exactly necessary information related to auctioned goods as prescribed;

c) Failing to display goods, goods sample or documents to introduce them to the participation in auction persons for consideration.

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of permitting persons who are not allowed to take part in auction as prescribed to participate in goods auction.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the acts of holding to auction not in compliance with proper order, procedures as prescribed.

5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for persons who buy auctioned goods with acts in collusion, of agreement together to peg prices.

6. The acts of organizing the auction of goods banned from business, goods which are subject to urgent measures banning from circulation, being forced to withdraw or suspend the circulation, counterfeit goods and goods with expired dates shall be sanctioned according to relevant provisions in this Decree.

7. Measures to overcome consequences:

Forced to cancel results of auction for the violations provided in clause 3, clause 4 and clause 5 of this Article.

Article 47. Violation of regulations on trading services, goods auction

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of notice for bidding with insufficient contents as prescribed.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of failing to make minute when opening bidding or the contents of the bidding opening minute are made not in compliance with provisions.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the acts of modifying bidding documents after the bidding was opened.

4. For the violations on bidding goods and services related to public procurement and use of state funds shall apply the provisions on sanction of administrative violations in the field of relative state management.

5. Measures to overcome consequences:

Forced to cancel results of bidding for the violations provided in clause 3 of this Article.

Article 48. Violation of regulations on trading goods lease

The violations on trading goods lease or leasing goods which are banned from business and goods which are subject to urgent measures banning from circulation, being forced to withdraw or suspend the circulation, smuggled goods, counterfeit goods, goods with expired dates shall be sanctioned under the relevant provisions in this Decree.

Article 49. Violation of regulations on trading services of trade assessment

1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of authorizing to assess or re-authorizing the assessment without contract as prescribed.

2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of supplying assessment services out of the registered field in the business registration Certificate or equivalent valued papers as prescribed.

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Trading assessment services not ensuring the conditions as prescribed;

b) Assigning expert to implement commercial assessment services not ensuring the standards as prescribed.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Using professional seal on the Certificate of Assessment when having not yet registered such seal with the competent state management agencies under the provisions;

b) Changing, supplementing professional seal without re-registering with the competent state management agencies as prescribed;

c) Failing to hand in professional seal to the competent state management agencies in case of being deleted professional seal registration;

d) Implementing commercial assessment services in case such assessment relating to interests of the assessment enterprise and of the expert.

5. Measures to overcome consequences:

Forced to hand in the professional seal to the competent state management agencies for the violations provided in point c clause 4 of this Article.

Article 50. Violation of regulations on trading franchise

1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of franchising without contract as prescribed.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Declaring unfaithfully, inexactly contents in dossier requesting for registration of franchise activity;

b) Failing to supply, supplying insufficiently, inexactly information in franchise activity as prescribed;

c) Supplying unfaithful, insufficient information of compulsory contents in the written introduction on franchise;

d) Language and major contents of the franchise contract not in compliance with provisions;

đ) Trading franchise without satisfying conditions as prescribed;

e) Failing to implement the report, supply of documents or reporting unfaithfully, insufficiently matters relating to franchise activity at the request of the competent state management agencies.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Failing to register franchise activity as prescribed;

b) Failing to notify to the competent state management agencies on changes in franchise activity as prescribed.

4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Trading franchise for goods, services banned from business, circulating goods which are subject to the urgent measures banning from circulation, forced to withdraw, suspend the circulations;

b) Trading franchise for goods which are subject to the urgent measures circulating with conditions or required to have permit but not ensuring conditions or without permit as prescribed;

c) Continuing to trade franchise when the term of franchise contract expired.

5. Additional sanctions:

Confiscating goods for the violations provided in point a clause 4 of this Article.

Article 51. Violation of regulations on processing in trade

1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the acts of ordering or receiving to process goods in trade without contract in accordance with provisions.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the acts of ordering or receiving to process domestic goods for types of goods banned from business, circulating goods which are subject to the urgent measures banning from circulation, forced to withdraw, suspend the circulations.

3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Ordering to process or receiving to process goods with foreign traders types of imports, exports which are required to have permit without approval of the competent state management agencies as prescribed;

b) Receiving to process goods with foreign traders types of goods to be of the list of goods banned from export, import and suspended export, import without written approval of the competent state management agencies as prescribed;

c) Ordering to process overseas goods for domestic consumption for types of goods banned from export, import and suspended export, import or goods which are subject to the urgent measures banning from circulation, forced to withdraw, suspend the circulations or fake goods and goods not ensuring food hygiene and safety.

4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following acts:

a) Consuming in Vietnam market machinery, leased, borrowed equipment; raw materials, auxiliary materials, surplus materials, substandard products, waste materials which are temporarily imported for processing and products to process goods to foreign traders not in compliance with regulations;

b) Forging processing contract with foreign traders.

5. Additional sanctions:

a) Confiscating material evidence for violations provided in clause 2, clause 3 and clause 4 of this Article;

b) Confiscating collected amount due to conduct the act of administrative violations for the violations provided in point a clause 4 of this Article.

Article 52. Violation of regulations on electronic trade (E-Trade)

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

a) Copying, disclosing, unauthorized moving part or all of the electronic documents initially made by other organizations, individuals;

b) Violating provisions on supplying clauses of contract when conducting E-Trade activities;

c) Violating provisions on using automatic information system to enter into contract in E-Trade.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Preventing, restricting the ability of organizations and individuals in the use of electronic documents, entering into and performance of contracts by electronic means;

b) Preventing, restricting the ability of organizations and individuals in selection of technology, electronic means to conduct trade activity;

c) Illegally changing, deleting and destroying part or all of the electronic documents initially made by other organizations, individuals;

d) Infringement, illegal interference in the information systems used for electronic commerce activities of other organizations and individuals;

đ) Failing to comply with provisions of law on trade by electronic means.

3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Forging, appropriating part or all of the electronic documents initially made by other organizations, individuals;

b) Creating, sending, transmitting, receiving and processing electronic documents to carry out commercial fraud, unfair competition, cheat or infringement of the interests of consumers;

c) Forging address of information systems of organizations and individuals to carry out commercial activities or related to commercial activities;

d) Destroying information systems used for e-commerce activities of other organizations and individuals.

4. Other violations on information technology application in trade activity shall be sanctioned according to provisions on administrative violation sanction in relative state management field.

Article 53. Violation of regulations on multi-level sales activities

1. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for participants in multi-level sales with one of the following acts:

a) Failing to implement according to provisions on subjects to be participated in multi-level sales;

b) Failing to present card of participation in multi-level sales before introduce goods or marketing to sale goods;

c) Failing to inform fully the contents according to provision when sponsoring another person to participate in multi-level sales network.

2. A warning or a fine of between VND 1,000,000 and 2,000,000 shall be imposed for participants in multi-level sales with one of the following acts:

a) Failing to comply with provisions of the rule of operation and goods sale of multi-level sale enterprises registered with the competent agencies;

b) Using an individuals participating in multi-level sales network to introduce sales activities without stating clearly names, addresses, time to take part in and profits collected for each period or failing to present the receipt confirmed by the tax authorities that such person has paid tax.

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for participants in multi-level sales with one of the following acts:

a) Requiring persons to be sponsored to participate in multi-level sales network to pay any fees under the nominal of a course, training course, conference, social activities or other equivalent activities;

b) Providing false information on the benefits of participation in multi-level sales for others to take part in multi-level sales;

c) Providing false information on the nature and use of goods for others to join in multi-level sales;

d) Providing false information on the activities of multi-level sales enterprises to solicit others to join in multi-level sales.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for multi-level sales enterprises with one of the following acts:

a) Failing to built or publicize operation rule of enterprises and participants in multi-level sales activities;

b) Failing to sign written contract with participants or contract without in full basic contents as prescribed;

c) Failing to supply card to participate in multi-level sales network to participants or supplying not in compliance with form as prescribed;

d) Failing to supply sufficient information and documents as prescribed for people intending to participate in multi-level sales network;

đ) Violating regulations on termination of the contract participating in multi-level sales;

e) Failing to withhold personal income taxes of the participants to pay to the state budget before paying commissions, bonuses or other economic benefits to participants;

g) Failing to notify to the participants on the goods are of not being acquired by enterprise before such participants carry out to purchase;

h) Failing to conduct the report regime or reporting incompletely, unfaithfully, not on time to the competent state management agencies under the provisions;

i) Failing to notify, provide completely or providing incorrect list of participants in multi-level sales before these people conduct to sell goods or developing multi-level sales network outside the province, city directly under Central Government where the enterprises locate its head office to the State management agencies in accordance with provisions;

k) Failing to pay compensation for consumers or participants in the cases as prescribed;

l) Failing to regularly monitor the activities of the participants to ensure the participants to comply with rules of activities and the sales program of enterprise;

m) Failing to train, foster multi-level sales skill and profession, law on multi-level sales to the participants;

n) Training participants not in compliance with training program registered with the competent state management agency.

5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for multi-level sales enterprises with one of the following acts:

a) Withdrawing or using part or all of the deposits not in compliance with law provisions except for the case multi-level sales activities were terminated or suspended;

b) Refusing to pay without legitimate reason for the commissions, bonuses or other economic benefits that participants are entitled to enjoy;

c) Changing the contents of the sales program without conducting the procedures requesting for additional issuance of the Registration of multi-level sales organization;

d) Failing to notify to the competent state management agency where the sales network are developed when developing the sales network to the provinces and cities directly under the Central Government that the enterprises do not locate their head offices in accordance provisions;

đ) Failing to perform the prescribed obligations when suspending or terminating its activities;

e) Trying to provide false information in the dossier requesting for granting multi-level sales Registration.

6. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for multi-level sales enterprises with one of the following acts:

a) Organizing to sell multi-level goods without the multi-level sales Registration issued by competent state management agencies;

b) Failing to perform in compliance with provisions on goods being entitled to carry out business according to the mode of multi-level sales.

7. For the illicit acts of multi-level sales, the provisions of competition law shall be applied to sanction.

8. Additional sanctions:

Confiscating goods for the violations provided in point b clause 6 of this Article.

9. Apart from the application of above mentioned sanctions, the competent to sanction persons must petition to the competent state management agencies to revoke the Registration to organize multi-level sales for the violations provided in clause 4, clause 5 and point b clause 6 of this Article in case of repeated violations or recidivism.

Article 54. Violation of regulations on management of trading supermarkets, trade centers

1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Naming the business establishments being supermarkets, trade centers or similar words in foreign languages without satisfying the standards as prescribed;

b) Internal rules of operation of supermarkets, trade centers show insufficiently the contents as prescribed or are not approved by the competent state management agency;

c) Failing to list internal rules of operation at supermarkets, trade centers;

d) Failing to report periodically or irregularly on the operation situation of supermarkets, trade centers at the request of the competent state management agency.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Having no signboards of supermarkets or trade centers;

b) Recording signboards of supermarkets or trade centers not in compliance with contents and forms as prescribed;

c) Trading supermarkets or trade centers that are not the enterprises registered to trade commercial activities as prescribed;

d) Goods traded in supermarkets, trade centers do not have the name of goods, services, and the names of supermarkets or trade centers;

 đ) Goods sold in supermarkets, trade centers have warranty regime without specifying clearly term and location of warranty.

3. A fine of between VND 10,000,000 to 20,000,000 shall be imposed for acts of trading the types of commodities containing radioactive substances or ionized radiation devices beyond the permissible level; explosive materials, liquefied substances, flammable gas, veterinary drugs, plant protection drugs and goods containing toxic chemicals to be of the list restricted business in accordance with provisions in supermarkets, trade centers.

4. Other violations on trading goods and services in supermarkets, trade centers, shall be sanctioned under the relevant provisions of this Decree.

Article 55. Violation of regulations on goods Exchange

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of employees of the goods Exchange conduct brokerage of purchasing, selling goods through the Goods Exchange.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Declaring incorrectly or untimely contents in the dossiers requesting for issuance, re-issuance, amendment, supplement of establishment permit of goods Exchange;

b) Refusing to accept membership status of goods Exchange without replying in writing or stating clearly the reason of the refusal.

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for traders with one of the following acts:

a) Joining in activities to buy and sell goods through the Goods Exchange in overseas not in compliance with route, scope and conditions under the provisions of law;

b) Implementing activities of purchasing and selling goods through the Goods Exchange that are not trading members of the Goods Exchange.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for members of Goods Exchange with one of the following acts:

a) Failing to warrant separate cost-accounting of activities of purchasing and selling goods through the Goods Exchange of each customer and its own;

b) Failing to notify to customer for the reason to terminate member status and the implementation of consignment contract obligations of customer;

c) Failing to keep transactions consignment contract, transactions consignment orders and requirements to adjust or cancel transactions consignment orders of customers;

d) Failing to keep fully documents and accounts reflecting details, accuracy of transactions to customers and its own;

đ) Failing to implement or implementing improperly the notification of transactions to customers as prescribed;

e) Failing to sign transactions consignment contract in writing with customers according to provisions of law or implementing the transactions to customers when not yet received transactions consignment orders from customers;

g) Being brokerage without contract with customers as prescribed;

h) Receiving transactions consignment to customers not in compliance with provisions.

5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for members of Goods Exchange with one of the following acts:

a) Soliciting customers to sign contracts by promising to compensate the whole or part of damages incurred or guarantee part of profit to customers;

b) Using artificial prices and other cheating measures as conducting brokerage to customers;

c) Performing brokerage activities of purchasing and selling goods through Goods Exchange that are not brokerage members of the Goods Exchange.

6. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for organizations and individuals to supply false information for the transactions, market or price of goods purchased, sold through the Goods Exchange.

7. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for Goods Exchange with one of the following acts:

a) Failing to publicize specific time to transact as prescribed;

b) Failing to publicize Chapter of operation, License of establishing Goods Exchange approved, granted, amended, supplemented by the competent state management agencies;

c) Failing to implement the procedures requesting for re-issuance of License of establishing Goods Exchange in the case the License of establishing Goods Exchange lost, torn, burnt or destroyed under other forms;

d) Failing to implement the procedures requesting for amendment, supplement of the License of establishing Goods Exchange in case of any change to contents of the License of establishing Goods Exchange;

đ) Failing to publicize or publicizing untimely the cases of transaction suspension as prescribed;

e) Failing to publicize or publicizing incomplete or inaccurate information and list of members of the Goods Exchange; information on transactions and the transaction orders of purchasing, selling goods through the Goods Exchange and other information according to Chapter of operation of the Goods Exchange;

g) Failing to implement or implementing incorrectly, fully provisions on periodic report or irregular report at the request of the competent state management agencies on the information related to activities of purchasing, selling goods through the Goods Exchange and members of the Goods Exchange at the time of report.

8. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for members of the Goods Exchange with one of the following acts:

a) Failing to implement or implementing incorrectly the transaction deposit as prescribed;

b) Fail to comply with regulations on the total transaction limit or transaction limit;

c) Enticing customers to sign contracts by promising to compensate the whole or part of damages incurred or guarantee part of profit to customers.

9. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for the Goods Exchange with one of the following acts:

a) Using false documents in the dossier requesting for the establishment, amendment, supplement or re-issuance of License of establishing Goods Exchange;

b) Approving membership status to traders which are not conditions enough in accordance with provisions;

c) Failing to implement or implementing incorrectly the transaction deposit as prescribed;

d) Failing to establish system of internal controls, risk management and supervision, preventing interest conflicts in the internal and transaction necessarily in accordance with provisions;

đ) Letting members who terminated member status continue the implementation of operations of selling, purchasing goods through the Goods Exchange;

e) Organizing the activities of trading goods not to be of the list of goods publicized by the competent state agencies;

g) Fail to comply with regulations on the total transaction limit or transaction limit;

h) Failing to comply with the transaction methods or principles of matching transaction order or transaction information disclosure in accordance with provisions.

Article 56. Sanction imposed for illegal commercial activities of foreign organizations or individuals (hereinafter referred to as foreigner)

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for foreigners with acts of illegally selling in the Vietnam territory the duty free imported consumption goods for use according to prescribed standards.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for foreigners with acts of operating illegal trade in the Vietnam territory.

3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for foreigners with one of the following acts:

a) Organizing illegal commercial activities in the Vietnam territory;

b) Consuming illegally in the territory of Vietnam the transportation, vehicles, information machinery, office equipment, duty free imported furniture equipment for use under prescribed standards;

c) Consuming illegally in the territory of Vietnam the transportation, vehicles temporarily imported into Vietnam.

4. Additional sanctions and measures to overcome consequences:

 Confiscating material evidence, means of violations or the collected amount due to conduct the administrative violations for the violations provided in this Article.

Article 57. Sanctioning for the act of obstructing official duty activity of the competent to sanction administrative violations person

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

a) Failing to implement the enumeration, declaration or enumerating, declaring unfaithfully, untimely at the request of person to execute the public service of sanctioning administrative violations or the competent sate management agencies;

b) Failing to provide or providing incompletely vouchers, documents relating to the inspection, examination and sanction of violations of the person to execute the public service of sanctioning administrative violations or the competent sate management agencies.

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

a) Having actions to obstruct or cause difficulties for public service activities of the competent persons;

b) Having words, threatening actions, revilement, hurting of the honor for those who are on duty.

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Arbitrarily removing seal of material evidence, violation means being sealed, temporarily seizing or arbitrarily changing the place of action of administrative violations;

b) Dispersing, being made to change, exchanging material evidence and means being inspected, examined or temporarily seized;

c) Storing, harboring, consuming material evidence and means being inspected, examined or temporarily seized which are dispersed.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Delaying or shirking the execution of administrative decisions on inspection, examination and handling of administrative violations of the competent persons or agencies;

b) Assaulting persons who are on duty.

5. Measures to overcome consequences:

Forced to withdraw material evidence, means dispersed for the violations provided in point b, point c clause 3 of this Article.

Chapter 3:

COMPETENCE AND PROCEDURES TO SANCTION ADMINISTRATIVE VIOLATIONS

Article 58. Competence to sanction administrative violations of the People’s Committee

1. Presidents of Commune-level People’s Committees are competent to sanction against administrative violations in trade activities specified in this Decree according to competence as provided in Article 28 of the Ordinance on Handling of Administrative Violations.

2. Presidents of District-level People’s Committees are competent to sanction against administrative violations in trade activities specified in this Decree according to competence as provided in Article 29 of the Ordinance on Handling of Administrative Violations.

3. Presidents of Provincial-level People’s Committees are competent to sanction against administrative violations in trade activities specified in this Decree according to competence as provided in Article 30 of the Ordinance on Handling of Administrative Violations.

Article 59. Competence to sanction administrative violations of the market management agencies

1. The competent persons of the market management agencies as provided in Article 37 of the Ordinance on Handling of Administrative Violations are competent to sanction against administrative violations in trade activities specified in this Decree and other administrative violations in trade activities specified in Article 12, Article 28, Article 32 and Article 41 of this Decree.

2. The competent to sanction administrative violations according to clause 1 of this Article of market controller at all level to be on duty:

a) Warning;

b) A fine of up to VND 200,000 shall be imposed.

3. The competent to sanction administrative violations according to clause 1 of this Article of chief of team of market management:

a) Warning;

b) A fine of up to VND 5,000,000 shall be imposed;

c) Confiscating material evidence, means used for administrative violations valued at VND 30,000,000;

d) Forced to destroy products causing harmful to human health, animals, plants, harmful cultural products;

đ) Forced to implement remedies measures and other measures against administrative violations as provided in this Decree.

4. The competent to sanction administrative violations according to clause 1 of this Article of manager of market management Branches:

a) Warning;

b) A fine of up to VND 20,000,000 shall be imposed;

c) Stripping of the right to use license, practice certificate under competence;

d) Confiscating material evidence, means used for administrative violations;

đ) Forced to destroy products causing harmful to human health, animals, plants, harmful cultural products;

e) Forced to implement remedies measures and other measures against administrative violations as provided in this Decree.

5. The competent to sanction administrative violations according to clause 1 of this Article of Director of market management Department:

a) Warning;

b) A fine of up to VND 70,000,000 shall be imposed;

c) Stripping of the right to use license, practice certificate under competence;

d) Confiscating material evidence, means used for administrative violations;

đ) Forced to destroy products causing harmful to human health, animals, plants, harmful cultural products;

e) Forced to implement remedies measures and other measures against administrative violations as provided in this Decree.

Article 60. Competence to sanction administrative violations of the Police, Customs, Border Guard, Coast Police and the specialized state Inspection

1. District-level Police Chief, Chief of Police Office investigating economic crime and position of the provincial-level Police, Director of the provincial-level Police  and Director of Department of Police investigating economic crime and position are competent to sanction against administrative violations in trade activities specified in this Decree to be of the area and management field of branch according to the competence defined in Article 31 of the Ordinance on Handling of Administrative Violations.

2. The competent persons to sanction administrative violations of Border Guard, Coast Police and Customs are competent to sanction against administrative violations in trade activities specified in this Decree relating to activities of goods import, export to be of the area and its management field according to the competence defined in Article 32, Article 33 and Article 34 of the Ordinance on Handling of Administrative Violations.

3. The competent persons to sanction administrative violations of the specialized state Inspection is competent to sanction against administrative violations in trade activities specified in this Decree to be of the area and management field of branch according to the competence defined in Article 38 of the Ordinance on Handling of Administrative Violations.

Article 61. Principle determining competence to sanction administrative violations and authority to sanction administrative violations

1. Principle determining competence to sanction administrative violations is implemented according to provision in Article 42 of the Ordinance on Handling of Administrative Violations and Article 13 of Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations.

2. The authority to sanction administrative violations is implemented according to provision in Article 41 of the Ordinance on Handling of Administrative Violations and Article 14 of Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations.

Article 62. Procedures of handling of administrative violations and execution of decisions to sanction

1. Procedures of handling of administrative violations according to provision of the Ordinance on Handling of Administrative Violations and Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations.

2. Competence, procedures applying coercive measures of the execution of decisions to sanction administrative violations are implemented according to provision in the Decree No.37/2005/ND-CP dated March 18, 2005 of the Government providing for procedures of applying coercive measures of the execution of decisions to sanction administrative violations.

3. The cases of administrative violations which are sanctioned must be made into file and archived in full at the agencies to sanction within the time limit prescribed by law.

Article 63. Valuating goods, material evidences and violation means to determine fine level and competent to sanction administrative violations

1. For administrative violations of this Decree stipulated fine level according to value of infringing goods or prescribed form of sanctions being confiscation of goods, material evidences and means used for administrative violations must carry out the value assessment for use as a basis for determining the fine level and competence to sanction for administrative violations.

2. Depending on the type of goods, material evidences and specific means, the determination of price based on one of the bases according to priority orders as follows:

a) List price or the price stated in the contract or invoice purchasing, selling goods or importing goods declaration;

b) Market price at the time of detection of administrative violations;

c) The cost of goods if not yet sold;

d) For counterfeit goods, they shall be the market value of genuine goods or goods with the same features, technology and utilities at the time of detection of administrative violations;

đ) The remaining real value of material evidences, means.

3. The heads of the state management agencies with functions of examination, inspection and administrative violation sanctions prescribed in this Decree detecting administrative violations or handling the administrative violations shall be responsible for assessing goods, violation material evidences and means used for administrative violations for use as a basis for determining the fine level and competence to sanction for administrative violations.

4. In case of applying the grounds specified in clause 2 of this Article not in compliance with or goods, material evidences and means which are difficult to value, the heads of state management agencies specified in clause 3 of this Article shall establish price appraisal council. Composition and working principles of price appraisal council of goods, material evidences and means of administrative violations shall comply with the law regulations.

5. Bases of valuation and documents relating to the valuation of goods, material evidences and means of administrative violations must be stated in the dossiers of sanctioning administrative violations.

6. The valuation, management and transfer of goods, material evidences and means of administrative violations after having the decision on confiscation of the competent to sanction administrative violations in the trade activities persons is carried out in accordance with the provisions in the Decree No.134/2003/ND-CP dated November 14, 2003 of the Government detailing the implementation of a number of Articles of the Ordinance on Handling of Administrative Violations.

Article 64. Application of administrative violations prevention measures and ensuring the handling of administrative violations

1. In order to prevent timely the administrative violations and ensure the handling of administrative violations in trade activities, the competent persons are entitled to apply measures to prevent administrative violations and ensure that the sanctions of administrative violations according to provisions in Article 43 of the Ordinance on Handling of Administrative Violations.

2. Competence, procedures of applying administrative violations prevention measures and ensuring the handling of administrative violations in trade activities are implemented according to provisions of the Ordinance on Handling of Administrative Violations and the Decrees of the Government guiding the implementation of the Ordinance.

Chapter 4:

COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS

Article 65. Complaints, denunciations and handling of complaints, denunciations

1. Individuals and organizations are entitled to denounce to competent state agencies on administrative violations of organizations and individuals stipulated in this Decree or to denounce violations of the law of persons who are competent to sanction administrative violations in trade activities in accordance with the law.

2. Individuals and organizations are sanctioned for administrative violations, be subjected to administrative prevention measures, then or their legal representatives have the right to complaint decisions of administrative violation sanctions or of applying administrative violations prevention measures according to the law on complaints, denunciations or sue to the competent court under the provisions of law on procedures for settlement of administrative proceedings.

3. The order, procedures and time limits and rights of complaints and denunciations, and jurisdiction of settling complaints and denunciations on sanctioning administrative violations in trade activities are carried out in accordance with the law  regulations on complaints, denunciations and settling complaints and denunciations.

Article 66. Handling of violations to persons who are competent to sanction administrative violations

Persons who are competent to sanction administrative violations in trade activities having acts of harassment, tolerating or cover up of violations, failing to settle or settling but not timely; sanctioning with improper competence, improper subjects to be sanctioned, improper violations to be sanctioned; application of improper form, sanction level and other measures; appropriating, using illegally money, goods, material evidences and violation means; impede legitimate flow of goods, causing damages to trader, depending on the nature and seriousness of their violations, shall be disciplined or prosecuted for penal liability and compensation under the provisions of law.

Chapter 5:

IMPLEMENTATION PROVISIONS

Article 67. Effect

1. This Decree takes effect 15 days after its publication in the Official Gazette.

2. Annulling Decree No.175/2004/ND-CP dated October 10, 2004 of the Government on handling of administrative violations in trade activities.

Article 68. Responsibility for the implementation

1. The Minister of Industry and Trade takes responsibility for organizing the implementation of this Decree.

2. The Ministers, heads of Ministerial-level agencies, Heads of Governmental agencies, chairmen of the People’s Committees of Cities, Provinces directly under the Central are responsible for the implementation of this Decree./.

 

 

 

FOR THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

Thuộc tính Văn bản pháp luật 06/2008/ND-CP

Loại văn bảnNghị định
Số hiệu06/2008/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành16/01/2008
Ngày hiệu lực13/02/2008
Ngày công báo...
Số công báo
Lĩnh vựcThương mại, Vi phạm hành chính
Tình trạng hiệu lựcHết hiệu lực 01/01/2014
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Lược đồ Decree No. 06/2008/ND-CP stipulating on handling of administrative violations in


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        Decree No. 06/2008/ND-CP stipulating on handling of administrative violations in
        Loại văn bảnNghị định
        Số hiệu06/2008/ND-CP
        Cơ quan ban hànhChính phủ
        Người kýNguyễn Tấn Dũng
        Ngày ban hành16/01/2008
        Ngày hiệu lực13/02/2008
        Ngày công báo...
        Số công báo
        Lĩnh vựcThương mại, Vi phạm hành chính
        Tình trạng hiệu lựcHết hiệu lực 01/01/2014
        Cập nhật2 năm trước

        Văn bản gốc Decree No. 06/2008/ND-CP stipulating on handling of administrative violations in

        Lịch sử hiệu lực Decree No. 06/2008/ND-CP stipulating on handling of administrative violations in