Nghị định 76/2010/ND-CP

DECREE

AMENDING, SUPPLEMENTING ARTICLE 11 OF THE DECREE NO.06/2009/ND-CP DATED JANUARY 22, 2009 OF THE GOVERNMENT ON SANCTION OF ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF LIQUOR AND CIGARETTE PRODUCTION AND TRADE

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on the Organization of Government;
Pursuant to the Ordinance on Sanction of Administrative violations dated July 02, 2002 and the Ordinance Amending, Supplementing a Number of Articles of the Ordinance on Sanction of Administrative violations dated April 02,2008;
At the proposal of the Minister of Industry and Trade,

DECREES:

Article 1. Amending, supplementing Article 11 of Decree No.06/2009/ND-CP dated January 22, 2009 on sanction of administrative violations in the domain of liquor and cigarette production and trade into three Articles as follows:

Article 11a. Violation of regulations on trading smuggled liquor

1. A fine of between VND 100,000 and 500,000 shall be imposed for the act of trading smuggled liquor valued at VND 500,000.

2. A fine of between VND 500,000 and 2,000,000 shall be imposed for the act of violation provided in clause 1 this Article which smuggled liquor valued from more than VND 500,000 to 2,000,000.

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for the act of violation provided in clause 1 this Article which smuggled liquor valued from more than VND 2,000,000 to 5,000,000.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the act of violation provided in clause 1 this Article which smuggled liquor valued from more than VND 5,000,000 to 10,000,000.

5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for the act of violation provided in clause 1 this Article which smuggled liquor valued from more than VND 10,000,000 to 20,000,000.

6. A fine of between VND 20,000,000 and 50,000,000 shall be imposed for the act of violation provided in clause 1 this Article which smuggled liquor valued from more than VND 20,000,000 to 50,000,000.

7. A fine of between VND 50,000,000 and 100,000,000 shall be imposed for the act of violation provided in clause 1 this Article which smuggled liquor valued from more than VND 50,000,000 to 100,000,000.

8. For the act of violation provided in this Article which smuggled liquor valued from more than VND 100,000,000, the handling or detecting agency must forward dossiers to the competent criminal proceedings agencies for prosecution of the penal liability. If the competent criminal proceedings agencies make a decision not to prosecute the penal liability but moving to administrative sanctions, the rate of sanctions against administrative violations in the form of a fine is VND 100,000,000.

9. For the acts of violation provided in this Article valued at less than VND 100,000,000 and violating persons who were be administrative sanction but have not been up the time limit as provided in Article 11 of the Ordinance on Sanction of Administrative violations dated July 02, 2002 and the Ordinance Amending, Supplementing a Number of Articles of the Ordinance on Sanction of Administrative violations dated April 02,2008 and violate again or have been convicted for this crime and have not been remitted their criminal record, but still violate or show signs of crime, their dossiers must be transferred to the competent criminal proceedings agencies to prosecute the penal liability. If the competent criminal proceedings agencies make a decision not to prosecute the penal liability but moving to administrative sanctions, the rate of sanctions against administrative violations in the form of a fine is VND 100,000,000.

10. Additional sanction forms:

a) Confiscating violating material evidences for the acts of violations provided from clause 1 to clause 8 this Article;

b) Striping of the right to use business license from 06 months to 12 months for the acts of violations provided from clause 4 to clause 8 of this Article.

11. Remedies for overcoming consequences: to destroy material evidences being smuggled alcohol which is not quality assurance in accordance with provision causing harm to human health. Violating individuals or organizations must bear all expenses related to the destruction of material evidences being smuggled alcohol which is not quality assurance in accordance with provision causing harm to human health as provided from clause 1 to clause 8 This Article. Where unable to apply the measure of forcing violating individuals or organizations to destroy, shall confiscate for destruction in accordance with provisions.

Article 11b. Violation of regulations on trading prohibited goods being smuggled cigarettes 

1. A fine of between VND 50,000 and 200,000 shall be imposed for the acts of trafficking, transporting, storing prohibited goods being smuggled cigarettes with quantity of up to 10 packs (1 pack = 20 cigarettes; for other types of smuggled tobacco being finished products is converted 20g = 1 pack).

2. A fine of between VND 200,000 and 1,000,000 shall be imposed for the acts of violations provided in clause 1 this Article with quantity of more than 10 packs to 50 packs.

3. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of violations provided in clause 1 this Article with quantity of more than 50 packs to 100 packs.

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 this Article with quantity of more than 100 packs to 200 packs.

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 this Article with quantity of more than 200 packs to 400 packs.

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 this Article with quantity of more than 400 packs to 600 packs.

7. A fine of between VND 20,000,000 and 50,000,000 shall be imposed for the acts of violation provided in clause 1 this Article with quantity of more than 600 packs to 1,000 packs.

8. A fine of between VND 50,000,000 and 100,000,000 shall be imposed for the acts of violations provided in clause 1 this Article with quantity of more than 1,000 packs to less than 1,500 packs.

9. For the acts of violations provided in this Article which the quantity of smuggled cigarettes  from 1,500 packs or more, the handling or detecting agency must forward dossiers to the competent criminal proceedings agencies for prosecution of the penal liability. If the competent criminal proceedings agencies make a decision not to prosecute the penal liability but moving to administrative sanctions, the rate of sanctions against administrative violations in the form of a fine is VND 100,000,000.

10. For the acts of violations provided in this Article the quantity of smuggled cigarettes less than 1,500 packs and violating persons who were be administrative sanction but have not been up the time limit as provided in Article 11 of the Ordinance on Sanction of Administrative violations dated July 02, 2002 and the Ordinance Amending, Supplementing a Number of Articles of the Ordinance on Sanction of Administrative violations dated April 02, 2008 and violate again or have been convicted for this crime and have not been remitted their criminal record, but still violate or show signs of crime, their dossiers must be transferred to the competent criminal proceedings agencies to prosecute the penal liability. If the competent criminal proceedings agencies make a decision not to prosecute the penal liability but moving to administrative sanctions, the rate of sanctions against administrative violations in the form of a fine is VND 100,000,000.

11. Additional sanction forms:

a) Confiscating violating material evidences for the acts of violations provided from clause 1 to clause 9 this Article;

b) Striping of the right to use business license from 06 months to 12 months for the acts of violations provided from clause 5 to clause 9 of this Article.

12. Remedies for overcoming consequences: to destroy material evidences being smuggled cigarettes under regulations. Violating Individuals or organizations must bear all expenses related to the destruction of violating material evidences as provided from clause 1 to clause 9 This Article. Where unable to apply the measure of forcing violating individuals or organizations to destroy, shall confiscate for destruction in accordance with provisions.

Article 11c. Violation of regulations on trading smuggled tobacco materials

1. A fine of between VND 100,000 VND and 500,000 VND shall be imposed for the acts of trafficking, transporting, storing smuggled tobacco materials under the form of dry leaf not being separated from its stalks with weight less than 50kg (for tobacco under forms of separated leaves, leaf which is subject to preliminary treatment, stalks separation, tobacco sheet, tobacco stems and other substitute finished products used to produce tobacco products shall be converted according to the equivalent weight).

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for the act of violation provided in clause 1 this Article with weight from more than 50 kg to 100 kg.

3. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the act of violation provided in clause 1 this Article with weight from more than 100 kg to 300 kg.

4. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the act of violation provided in clause 1 this Article with weight from more than 300 kg to 500 kg.

5. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the act of violation provided in clause 1 this Article with weight from more than 500 kg to 700 kg.

6. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for the act of violation provided in clause 1 this Article with weight from more than 700 kg to 1,000 kg.

7. A fine of between 20,000,000 and 50,000,000 shall be imposed for the act of violation provided in clause 1 this Article with weight from more than 1,000 kg to 1,500 kg.

8. A fine of between 50,000,000 and 100,000,000 shall be imposed for the act of violation provided in clause 1 this Article with weight from more than 1,500 kg to less than 2,000 kg.

9. For the acts of violations provided in this Article with weight from 2.000 kg or more, the handling or detecting agency must forward dossiers to the competent criminal proceedings agencies for prosecution of the penal liability. If the competent criminal proceedings agencies make a decision not to prosecute the penal liability but moving to administrative sanctions, the rate of sanctions against administrative violations in the form of a fine is VND 100,000,000.

10. For the acts of violations provided in This Article with weight less than 2.000 kg and violating persons who were be administrative sanction but have not been up the time limit as provided in Article 11 of the Ordinance on Sanction of Administrative violations dated July 02, 2002 and the Ordinance Amending, Supplementing a Number of Articles of the Ordinance on Sanction of Administrative violations dated April 02, 2008 and violate again or have been convicted for this crime, and have not been remitted their criminal record, but still violate or show signs of crime, their dossiers must be transferred to the competent criminal proceedings agencies to prosecute the penal liability. If the competent criminal proceedings agencies make a decision not to prosecute the penal liability but moving to administrative sanctions, the rate of sanctions against administrative violations in the form of a fine is VND 100,000,000.

11. Additional sanction forms:

a) Confiscating violating material evidences for the acts of violations provided from clause 1 to clause 9 this Article;

b) Striping of the right to use business license from 06 months to 12 months for the acts of violations provided from clause 5 to clause 9 of this Article.

12. Remedies for overcoming consequences: to destroy material evidences being smuggled tobacco materials which is not quality assurance under regulations. Violating individuals or organizations must bear all expenses related to the destruction of violating material evidences as provided from clause 1 to clause 9 this Article. Where unable to apply the measure of forcing violating individuals or organizations to destroy, shall confiscate for destruction in accordance with provision.

Article 2. Effect

This Decree takes effect on September 01, 2010.

The Ministry of Industry and Trade presides over coordination with relatives Ministries, Branches to guide the implementation of this Decree.

The Ministers, heads of Ministerial-level agencies, heads of Governmental agencies, Presidents of the People’s Committees of provinces, cities directly under the central are responsibility for the implementation of this Decree./.