Nghị định 19/2012/ND-CP

DECREE

ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS OF CONSUMERS’ RIGHTS PROTECTION

Pursuant to the Law on the organization of the Government of December 25, 2001;

Pursuant to the Law on protection of consumers’ rights of November 17, 2010;

Pursuant to the Ordinance on handling of administrative violations of July 02, 2002 and the Ordinance of April 02, 2008 amending and supplementing a number of articles of the Ordinance on handling of administrative violations;

At the proposal of the Ministry of Industry and Trade;

The Government hereby issues the Decree on sanction against administrative violations of consumers’ right protection,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree prescribes acts of violations, sanction forms, fine rates and competence to impose sanctions against administrative violations of consumers’ right protection.

2. Administrative violations of consumers’ right protection means intentional or unintentional acts committed by individuals, agencies and organizations violating law provisions on consumers’ right protection that do not constitute crimes and must be administratively sanctioned as prescribed by law.

3. For other acts of administrative violation of consumers’ right protection not being prescribed in this Decree, provisions of other Government’s Decrees on handling of administrative violations in the relevant fileds of state management shall apply.

Article 2. Subjects of application

This Decree applies to domestic and foreign agencies, organizations and individuals that commit acts of violations of consumers’ right protection in the territory of Vietnam.

Article 3. Interpretation of terms

In this Decree, the following terms shall be construed as follows:

1. Private secrets of consumers are information that satisfies all of the following conditions:

a) The information is related to the consumer personally;

b) The information has been applied security measures by the consumer or related organizations and individuals;

b) The information to which the security measures have been applied by the consumer or related organizations and individuals

c) The disclosure or use of such information is not accepted by the consumer and may have negative impact on health, life, property or cause physical and mental damage to the consumer.

2. The third party in the provision of goods and services for the consumer means organizations and individuals who are requested to provide goods and services by organizations and individuals trading goods and/or services, including:

a) Trading organizations and individuals that perform the service of providing information on goods and services to the consumer;

b) Trading organizations and individuals involved in building up of information on goods and services;

c) The media owner, the provider of communications service;

d) Other organizations and individuals who are requested to provide information.

Article 4. Forms of administrative sanctions and remedies

1. For each act of administrative violation, violating organizations and individuals shall be subject to one of the following forms of administrative sanction:

a) Warnings;

b) Fines.

The maximum fine for each act of violations of consumers’ right protection shall be 70,000,000 VND.

2. Depending on the nature and seriousness of violation, violating organizations and individuals may be subject to one of a number of of the following additional sanctions:

a) Depriving the right to use practice certificates and licenses

b) Confiscating exhibits and/or means used to commit administrative violations.

3. Apart from the sanctioning forms prescribed in Clauses 1 and 2 of this Article, the violating individuals and organizations may also be subject to one or a number of remedies for each act of violations as prescribed in Chapter II of this Decree.

Chapter 2.

ACTS OF VIOLATIONS OF CONSUMERS’ RIGHTS PROTECTION, SANCTIONING FORMS AND RATES

SECTION 1. VIOLATIONS OF CONSUMERS’ INFORMATION

Article 5. Acts of violations in protection of consumers’ information

1. A fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts of violations:

a) Failing to inform the consumer clearly and openly of the purpose before collecting and using the consumer’s information;

b) Using consumers’ information not in conformity with the purpose agreed with the customer and without the consent of the consumer;

c) Failing to ensure the safety, accuracy and completeness of the consumer information during collection, use and transfer of such information;

d) Not actively adjusting the information or to helping the consumers to update and adjust information as such information is found to be incorrect;

e) Transferring consumers’ information to third parties without the consent of consumers, unless otherwise prescribed by law.

2. A fine of 20.000.000 VND to 30,000,000 VND for acts of violations stipulated in Clause 1 of this Clause in case the concerned information is the consumers’ personal secrets.

3. Remedies:

a) Coercively destroying the documents containing consumers’ information;

b) Coercively taking necessary measures to protect the consumers’ information safety.

Article 6. Advertising deceiving the consumer

1. A fine of from 20,000,000 VND to 30,000,000 VND for advertising deceiving or misleading the consumer about one of the following contents:

a) Products, services provided by organizations or individuals trading goods, services;

b) Reputation, business ability, and ability to provide goods, services of organizations or individuals trading goods and/or services

c) The contents and characteristics of transactions between consumers and organizations or individuals trading goods and/or services.

2. Forms of additional sanctions:

Confiscating exhibits and means of administrative violations regarding the act of violations stipulated in Clause 1 of this Article.

3. Remedies:

a) Being compelled to make public correction;

b) Being compelled to provide sufficient and accurate information and documents;

c) Being compelled to remit illegal profits obtained from administrative violations to the state budget regarding the violations stipulated in Clause 1 of this Article.

Article 7. Acts of violations committed by trading organizations and individuals in providing information on goods and service for consumers

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on organizations and individuals trading goods and services that commit one of the following acts of violations upon providing information on goods and/services:

a) Failing to give warnings if goods and/or services may be harmful to health, life and property of consumers, and the preventive measures;

b) Failing to provide information on the availability of components and spare parts of goods;

c) Failing to provide manual guides; information on conditions, duration, location and procedures of warranty for goods and/or services under warranty;

d) Failing to provide the consumers accurately and fully of the form-based contracts, general conditions for transaction prior to the transaction

dd) Hiding information from the consumers or providing the consumers with incomplete, false or inaccurate information on the contents stipulated in Clause 1 of Article 10 of the Law on consumers’ right protection.

2. Remedies:

Being compelled to provide sufficient and accurate information and material for the consumer in cases of acts of violations stipulated in Clause 1 of this Article.

Article 8. Acts of violations committed by third parties in provision of goods and service for consumers

1. A fine of from 10,000,000 VND to 30.000.000 VND shall be imposed on organizations and individuals being the third party in the provision of goods and services for consumers that commit one of the following acts of violations:

a) Providing inaccurate and insufficient information about the provided goods and/or services;

b) Not providing evidence proving the accuracy or implementing all measures as prescribed by law to check the accuracy and completeness of information about goods and services;

2. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed on the media owner, the media service provider being the third party that commit one of the following acts of violations:

a) Acts of violations as stipulated in Clause 1 of this Article;

b) Not taking technical measure to prevent the means and service under their management from being used for disturbing the consumers;

c) Allowing organizations and individuals trading goods and service to use means and service under the former’s management to disturb the consumer.

3. Additional sanctions:

a) Confiscating the exhibits and/or means used to commit administrative violations stipulated in Clause 2 of this Article;

b) Depriving the right to use licenses, practice certificates from 03 months to 12 months if the acts of violations stipulated in Clause 1 and 2 of this Article is committed many times or repeated.

SECTION 2. VIOLATIONS OF CONTRACTS CONCLUDED WITH THE CONSUMMER AND GENERAL TRANSACTION CONDITIONS

Article 9. Acts of violations of contracts concluded with consumers

1. A fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts of violations:

a) Signing contracts with the consumer in the form and the language unconformable to provisions of law;

b) Not letting the consumer examine the entire contract before signing in where the contract is made by electronic means.

2. Remedies:

Being compelled to amend signed contracts in conformity with provisions of law regarding the violations stipulated in Point 1 Clause 1 of this Article.

Article 10. Violations of the form-based contract appearance, general transaction conditions

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on organizations and individuals using form-based contracts, general transaction conditions that commit one of the following violations during the transactions with their consumers:

a) The font size is smaller than 12;

b) The contract language is not Vietnamese, unless otherwise agreed by the parties or prescribed by law;

c) The paper background and the ink color demonstrating the content of form-based contracts, general transaction conditions are not contrasting.

2. Remedies:

Being compelled to observe the regulated appearance applicable to form-based contracts, general transaction conditions regarding violations stipulated in Clause 1 of this Article.

Article 11. Violations of registration of form-based contracts, general transaction conditions

1. A fine of from 50,000,000 VND to 70,000,000 VND for one of the following acts of violations:

a) Not registering or re-registering the form-based contract, general transaction conditions at the State management agency competent to protect consumer’s rights as regulated;

b) Not informing the consumer of the change in form-based contracts, general transaction conditions.

2. Remedies:

a) Being compelled to register, re-register the form-based contract, general transaction conditions in cases of acts of violations stipulated in Point a Clause 1 of this Article;

b) Being compelled to inform the consumer of the change in form-based contracts, general transaction conditions in cases of acts of violations in Point b Clause 1 of this Article.

Article 12. Violations in implementation of the form-based contracts

1. A fine of 1 from 0,000,000 VND to 20,000,000 VND shall be imposed on organizations and individuals trading product and services that commit one of the following acts of violations:

a) Not archiving the form- based contracts until they expire;

b) Not providing the consumer with a copy of the signed contract in case the contract kept by the consumer has been lost or damaged.

2. A fine of from 10,000,000 VND to 30,000,000 VND shall be imposed on organizations and individuals trading product and services that fail to satisfy the request of competent authorities on the annulment or amendment of the form-based contracts violating provisions of law on consumers’ right protection or against common principles of contracts.

3. Remedies:

Being compelled to observe regulations on archiving and issuing contract copies regarding the violations prescribed in Clause 1 of this Article.

Article 13. Acts of violations of the implementation of general transaction conditions

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on trading organizations and individuals using general transaction conditions that commit one of the following acts of violations:

a) Not publicly announcing the general transaction conditions prior to the transaction with consumers;

b) The general transaction conditions do not specify the time of application and are not posted at a convenient and noticable place within the location of transaction.

2. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed on organizations and individuals trading product and services that fail to annul or amend the general transaction conditions as requested by State competent authorities in case such conditions violate the provisions of law on consumers’ right protection or contradict the general principles of contract.

3. Remedies:

a) Being compelled to publicly announce the general transaction conditions regarding acts of violations stipulated in Point a Clause 1 of this Article;

b) Being compelled to define the time of effect of the general transaction conditions or being compelled to post the general transaction conditions at a convenient and noticeable place within the locality of transaction regarding acts of violations stipulated in Point b Clause 1 of this Article;

c) Being compelled to annul or amend general transaction conditions regarding acts of violations stipulated in Clause 2 of this Article.

Article 14. The act of concluding a contract or general transaction conditions with the consumers that contain invalid terms

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on trading organizations and individuals concluding contracts with consumers that contain invalid terms under the law provisions on consumers’ right protection.

2. A fine of from 30,000,000 VND to 50,000,000 VND for the acts of violations stipulated in Clause 1 of this Article in case the relevant contract is a form-based contract or general transaction conditions.

3. A fine of 50,000,000 VND to 70,000,000 VND for the acts of violations stipulated in Clause 2 of this Article in case the violations are committed in 02 provinces, cities or more.

4. Remedies:

a) Being compelled to amend the contract, general transaction conditions;

b) Being compelled to remit to illegal profits earned from administrative violation regarding the acts of violations stipulated in Clauses 1, 2 & 3 of this Article.

SECTION 3. VIOLATIONS OF OTHER TYPES OF CONTRACTS

Article 15. Violations in conclusion of distance contracts

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on trading organizations and individuals concluding distant contracts with consumers that commit one of the following acts:

a) Not providing required information fully and clearly;

b) Not making refunds to the consumer within 30 days as from the day the consumer unilaterally terminates the signed contract or refuses pay interest on the deferred payment to the consumer as stipulated.

2. Remedies:

a) Being compelled to fully and clearly provide information and material regarding the acts of violations stipulated in Point a Clause 1 of this Article;

b) Being compelled to make refunds regading the acts of violations stipulated in Point b Clause 1 of this Article.

Article 16. Acts of violations in continuous service contract

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on trading organizations and individuals providing continuous service for the consumer that commit one of the following acts:

a) Not providing required information fully and clearly;

b) Not signing the written contract or provide the consumer with the contract copy;

c) Requesting the consumer to make payment prior to the provision of service, except otherwise agreed by the relevant parties;

d) Not informing the consumer at least three (3) working days prior to the suspension of provision of service in cases of repair, maintenance or due to other causes, except the force majeur or otherwise prescribed by law;

dd) Not promptly examining and settling incidents or complaints on service quality raised by consumers;

e) Unilaterally terminating the contract, stopping providing service without any legitimate reason;

g) Refusing to terminate or preventing the consumer from terminating the service contract under provisions of law;

h) Forcing the consumer to make payment for the unused service.

2. Remedies:

a) Being compelled to fully and clearly provide information and documents regarding the acts of violations stipulated in Point a Clause 1 of this Article;

b) Being compelled to sign the written contract or provide the consumer with the contract’s copy regarding the acts of violations stipulated in Point b Clause 1 of this Article;

c) Being compelled to make refunds regarding the acts of violations stipulated in Point c Clause 1 of this Article;

d) Being compelled to continue providing service regarding the acts of violations stipulated in Point e Clause 1 of this Article;

đ) Being compelled to stop the act of obstruction regarding the acts of violations stipulated in Point g Clause 1 of this Article.

Article 17. Acts of violations regarding door-to-door sale contracts

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on organizations and individuals performing door-to-door sales that commit one of the following acts:

a) The door-to-door salesperson fails to introduce the name, contact telephone number, address and head office and the address of units responsible for the contract offer;

b/ The door-to-door salesperson intentionally contacts with the consumer to offer the contract after this offer has been refused by the consumer;

c/ Refusing to let the consumer withdraw his/her acceptance of the contract conclusion offer when the customer has notified such withdrawal in writing of 3 days as from the date of the contract signing.

d) Forcing the consumer to pay or fulfill other contractual obligations before the expiry of the time limit of 3 working days as from the date of signing the contract, unless otherwise prescribed by law;

d) Denying responsibilities for the activities of the door-to-door salesperson in case that person causes damage to the consumer.

2. Remedies:

a) Being compelled to fully and clearly provide information and material regarding the acts of violations stipulated in Point a Clause 1 of this Article;

b) Being compelled to stop the acts of violations stipulated at Points b, c and d Clause 1 of this Article;

c) Being compelled to take responsibility for the activities of the door-to-door salesperson regarding the acts of violations stipulated in Point dd Clause 1 of this Article.

SECTION 4. VIOLATIONS REGARDING WARRANTY OF GOODS AND VIOLATIONS REGARDING LIABILITY FOR DEFECTIVE GOODS

Article 18. Violations regarding liability for warranty of goods, components and accessories

1. A fine of from 5.000.000 VND to 10.000.000 VND shall be imposed on trading organizations and individuals liable for the warranty of goods, components and accessories that violate one of the following obligations:

a) Not providing the consumers with the warranty receipts specifying the term and conditions of the warranty;

b) Not providing the consumers with similar goods, components or accessories for temporary use or not providing other forms of settlement accepted by consumers during the warranty;

c) Not providing the customers with new and similar goods, components or accessories or take back goods, components or accessories and refund the consumers in the case the time for warranty i runs out while the error is still unable to be solved.

d) Not providing the customers with new and similar goods, components or accessories, or take back the goods and refund the consumers in the case the error is still unable to be solved after 3 times of repairs under the warranty;

dd) Not paying the cost of the repairs and transport of goods, components or accessories to the place of warranty, and from the place of warranty to the the consumer’s residence.

e) Denying responsibility for the warranty of goods, components or accessories even when other organizations or individuals have been authorized to perform the warranty.

2. A fine of 10,000,000 VND to 20,000,000 VND for one of the acts of violations stipulated in Clause 1 of this Article as to goods, components and accessories with the value of from 20,000,000 VND to 50,000,000 dong.

3. A fine of 20,000,000 VND to 30,000,000 VND for one of the acts of violations stipulated in Clause 1 of this Article for goods, components and accessories worth from 50,000,000 VND to 100,000,000 dong

4. A fine of 30,000,000 VND to 40,000,000 VND for one of the acts of violations stipulated in Clause 1 of this for goods, components and accessories worth from 100,000,000 VND to 500,000,000 dong.

5. A fine of 40,000,000 VND to 50,000,000 VND for one of the acts of violations stipulated in Clause 1 of this Article for goods, components and accessories worth from 500,000,000 VND to one billion dong.

6. A fine of 50,000,000 VND to 60,000,000 VND for one of the acts of violations stipulated in Clause 1 of this Article for goods, components and accessories worth from 1 billion VND to two billion dong

7. A fine of 60,000,000 VND to 70,000,000 VND for one of the acts of violations stipulated in Clause 1 of this for goods, components and accessories worth from two billion VND or more.

8. Remedies:

Being compelled to fully implement warranty obligations as committed or as prescribed by law regarding the acts of violations stipulated in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.

Article 19. Violations of liability for recalling defective goods

1. A fine of from 10,000,000 VND to 30,000.000 VND shall be imposed on organizations and individuals exporting, importing goods that commit the following acts:

a) Not taking necessary measures to stop the supply of defective goods in the market;

b) Not recalling defective goods consistently with the publicly-informed content or not paying the expenses arising during the recall.

2. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed on organizations and individuals exporting, importing goods that commit the following acts:

a) Not publicly informing about the defective goods and the recall of such goods;

b) Not reporting the results of the recall of defective goods to the state competent agencies of consumers’ right protection in accordance with Clause 4 Article 22 of the Law on consumers’ right protection.

3. Remedies:

a) Being compelled to repair or recall defective goods regarding the acts of violations stipulated in Clause 1 of this Article;

b) Being compelled to announce publicly or make reports under provisions of law regarding the acts of violations Clause 2 of this Article.

SECTION 5. OTHER VIOLATIONS OF CONSUMERS’ RIGHTS PROTECTION

Article 20. Violations committed by individuals engaged in independent and regular commercial activities not subject to business registration

1. A fine of from 500,000 VND to 1,000.000 VND shall be imposed on individuals engaged in independent and regular commercial activities not subject to business registration that commit one of the following acts of violations:

a) Not ensuring the quality, quantity, effects and food safety of their goods and service provided the consumer;

b) Providing consumers with the goods and services restricted or banned from trading as prescribed by law;

c) Not truthfully and fully providing information on the goods or services being provided for consumers under the law on consumer protection, the commercial law and other related laws;

d) Not replacing the goods or and take back the goods and refund the consumer when the goods fail to meet requirements on quality, quantity or effects as informed.

2. A fine of from 1,000,000 VND to 2,000,000 VND for one of the following acts of violations stipulated in Clause 1 of this Article in cases relevant goods and service are valued at 2,000,000 VND or more.

3. Remedies:

a) Being compelled to strictly comply with provisions of law regarding the acts of violations stipulated at Points a and b of Clause 1 of this Article;

b) Being compelled to fully and clearly information and documents regarding the acts of violations stipulated in Point c Clause 1 of this Article;

c) Being compelled replace goods or and take back goods and refund the consumer regarding the acts of violations stipulated in Point d Clause 1 of this Article.

Article 21. Violations of the provision of transaction evidence

1. A fine of from 500,000 VND to 1,000.000 VND shall be imposed on trading organizations and individuals that commit one of the following acts of violations:

a) Not providing the consumer with invoices or vouchers and documents relating to transactions under the provisions of law or requested by consumers;

b) Not allowing consumers to access, download, archive and print invoices, vouchers and documents in case of electronic transactions.

2. Remedies:

a) Being compelled to provide the consumer with invoices or vouchers and documents relating to transactions stipulated in Point a Clause 1 of this Article;

b) Being compelled to allow consumers to access, download, and store and print invoices, vouchers and documents regarding the acts of violations stipulated in Point b Clause 1 of this Article.

Article 22. Act of disturbing the consumer

1. A fine of from 10.000.000 VND to 20.000.000 VND shall be imposed on trading organizations and individuals that commit one of the following acts of violations:

a) Disturbing the consumer through the marketing of goods and/or services twice or more against the consumer’s will;

b) Obstructing of affecting usual works or activities of the consumer.

2. Additional sanctions:

Confiscating the exhibits and/or means used to commit the acts of violations stipulated in Clause 1 of this Article.

Article 23. Act of forcing the consumer

1. A fine of from 10,000,000 VND to 30,000,000 VND shall be imposed on trading organizations and individuals that force the consumer through committing one of the following acts of violations:

a) Using force, threatening to use force or other means to cause damage to the life, health, honor, prestige, dignity and property of consumers to force them engage in the transaction;

b) Taking advantage of the consumers’ difficult situations or taking advantage of natural disasters and diseases to force the transaction.

2. Additional sanctions:

Confiscating the exhibits and/or means used to commit the acts of violations stipulated in Clause 1 of this Article.

3. Remedies:

Being compelled to remit to the state budget illegal profits earned from acts of administrative violation stipulated in Clause 1 of this Article.

Article 24. Other violations of transactions with clients and consumers

For other violations of transactions with clients and consumers, the handling shall be made in accordance with Article 27 of the Government’s Decree No.06/2008/ND-CP of January 16, 2008 providing for administrative sanctions in commercial activities.

Article 25. Acts of trading goods and services of low quality

1. Trading organizations and individuals providing goods and service of low quality that violate the consumers’ right shall be sanctioned in accordance with the Government’s Decree No. 54/2009/ND-CP of July 05, 2009 providing for administrative sanctions against violations of standards, metrology, product and goods quality.

2. A fine of from 50,000,000 VND to 70.000.000 VND for acts of violations stipulated in Clause 1 of this Article in the following cases:

a) Taking advantage of the consumers’ difficulties or taking advantage of natural disasters and diseases to provide goods and service of low quality;

b) Trading goods and service of low quality that cause damage to the life, health and property of consumers

3. Additional sanctions:

Confiscating the exhibits and/or means used to commit the acts of violations stipulated in Clauses 1 and 2 of this Article.

4. Remedies:

a) Being compelled to recall goods of low quality regarding the acts of violations stipulated in Clauses 1 and 2 of this Article;

b) Being compelled to remit to the state budget the illegal profits earned from acts of administration violation stipulated in Clauses 1 and 2 of this Article.

Article 26. Acts of not observing the request by state administration agencies of consumers’ right protection

1. A fine of 5,000,000 VND to 10,000,000 VND shall be imposed on trading organizations and individuals, social organizations that fail to explain or to provide information and evidence as requested by state administration agencies for consumers’ right protection.

2. Remedies:

Being compelled to explain or fully provide information and material regarding the acts of violations stipulated in Clause 1 of this Article.

Chapter 3.

COMPETENCE TO HANDLE ADMINISTRATIVE VIOLATIONS OF PROTECTION OF CONSUMERS’RIGHTS

Article 27. Competence of the Vietnam Competition Authority

The Director of the Vietnam Competition Authority is competent to:

1. Issue warnings;

2. Impose fines of up to 70,000,000 dong;

3. Deprive the right to use licenses, practice certificates under the competence.

4. Confiscate the exhibits and/or means used to commit acts of administrative violation.

5. Impose the remedies stipulated in Chapter II of this Decree.

Article 28. Competence of the President of People’s Committees at localities

1. The Presidents of People’s Committees at commune level are competent to:

a) Issue warnings;

b) Impose fines of up to 2,000,000 dong;

c) Confiscate the exhibits and/or means used to commit acts of administrative violation in case such evidence and means are valued up to 2,000,000 dong;

d) Impose the remedies stipulated in Chapter II of this Decree.

2. The Presidents of People’s Committees at district level are competent to:

a) Issue warnings;

b) Impose fines of up to 30,000,000 dong;

c) Deprive the right to use permits, professional practice certificates within his competence;

d) Confiscate the exhibits and/or means used to commit acts of administrative violation;

dd) Impose the remedies stipulated in Chapter II of this Decree.

3. The Presidents of People’s Committees at provincial level are competent to:

a) Issue warnings;

b) Imposing fines of up to 70,000,000 dong;

c) Deprive the right to use permits, professional practice certificates within his competence;

d) Confiscate the exhibits and/or means used to commit acts of administrative violation;

dd) Impose the remedies stipulated in Chapter II of this Decree.

Article 29. Sanctioning competence by the market control units

1. The market control officers on duty shall are competent to:

a) Issue warnings;

b) Impose fines of up to 200,000 dong.

2. The leader of the market control unit is competent to:

a) Issue warnings;

b) Impose fines of up to 5,000,000 dong;

c) Confiscate the exhibits and/or means used for administrative violations, with the value of up to 30,000,000 dong;

d) Impose remedies stipulated in Chapter II of this Decree.

3. The Head of the Market Control Authority competencies competent to to:

a) Issue warnings;

b) Impose fines of up to 20,000,000 dong;

c) Deprive the right to use permits, professional practice certificates within his competence;

d) Confiscate the exhibits and/or means used for administrative violations;

d) Impose remedies stipulated in Chapter II of this Decree.

Article 30. Competence of other agencies to handle administrative violations of consumers’ right protection

People’s Police Agencies, Border Guard, Coast Guard, the Customs, tax agencies, specialized inspectors and other agencies shall impose sanctions to the acts of administrative violations of consumers’ right protection handle administrative violations within their respective competence prescribed by the Ordinance of 2002 on Handling of Administrative Violations in 2002 and the Ordinance of 2008 amending and supplementing a number of articles to the Ordinance on Handling of Administrative Violations.

Article 31. Making records of administrative violations of consumers’ right protection

1, When acts of administrative violation of consumer’s right protection are found, the competent persons must promptly make records.

The competent persons who makes records of administrative violations of protection are: the persons competent to handle administrative violations of consumers’ right protection; officers and staff in the state administration agencies of consumers’ right protection during the implementation of the assigned duties.

2. The records on administrative violations of consumers’ right protection must be made in accordance with Article 55 of the Ordinance of 2002 on Handling of Administrative Violations and the Government’s Decree No. 128/2008/ND-CP of December 16, 2008 detailing a number of articles of the Ordinance of amending and supplementing a number of articles of the Ordinance on Handling of Administrative Violations.

3. A copy of the records must be delivered to the violating organizations and individuals. In case the records are made by a person without competence or ultra vires, within 03 working days as from the date of making records on administrative violations, the record maker must submit the record on administrative violations (original) and all relevant documents and dossiers to the competent persons for handling.

Article 32. Report and decision forms used in handling of administrative violations of consumers’ right protection

Annexes of report and decision templates used in handling of administrative violations of consumers’ right protection shall be enclosed with this Decree.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 33. Effect

This Decree takes effect on May 1, 2012

Article 34. Implementation responsibilities

1. The Ministry of Industry and Trade is responsible for implementing this Decree.

2. Ministries, Heads of ministry level agencies, Heads of governmental agencies, President of the People’s Committees of provinces and centrally-run are responsible for implementing this Decree./.