Decree No. 01/CP On administrative penalties for violations in the field of commerce

DECREE OF THE GOVERNMENT

On Administrative Sanctions for Violations in the Field of Commerce

_____________________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Administrative Violation Handling Ordinance dated July 6, 1995;

At the proposal of the Minister of Trade,

DECREE:

PART I

GENERAL PROVISIONS

Article 1- Scope and subjects regulated:

1. Administrative violations in the field of commerce are acts that violate state management regulations on commercial activities and commercial services but do not reach the level requiring criminal prosecution.

2. Administrative violations in the field of commerce stipulated in this Decree include:

a) Violations concerning regulations on purchasing, selling, exporting, and importing goods.

b) Violations concerning regulations on cargo handling, storage, preservation, and transportation services.

c) Violations concerning regulations on displaying and introducing goods, trade fairs, exhibitions, brokerage, and entrusting commercial transactions.

d) Violations concerning regulations on catering, tourism, hotel, lodging, pawnshop, repair, rental, warranty service, and other commercial services.

3. All organizations and individuals committing administrative violations in the field of commerce shall be punished according to this Decree and other government decrees and regulations regarding administrative penalties related to commercial activities.

Foreign organizations and individuals who commit administrative violations in the field of commerce within the territory of Vietnam shall also be punished according to this Decree and other government decrees and regulations regarding administrative penalties applicable to Vietnamese organizations and individuals, except where international treaties to which Vietnam is a party provide otherwise.

Article 2-The principles for imposing administrative penalties in the field of commerce are as follows:

1. The authority to impose administrative penalties in the field of commerce shall be carried out in accordance with the Law on Handling Administrative Violations.

2. Every administrative violation in the field of commerce must be discovered promptly and stopped immediately. Penalties must be imposed swiftly and justly. Any consequences caused by administrative violations must be remedied in accordance with the law. Organizations and individuals causing material damage through administrative violations must compensate for it.

3. An administrative violation shall only be penalized once. A person committing multiple administrative violations shall be penalized for each individual violation. When multiple people jointly commit an administrative violation, each violator shall be penalized.

4. Imposing administrative penalties must be based on the nature and degree of the violation, as well as mitigating and aggravating circumstances specified in Articles 7 and 8 of the Law on Handling Administrative Violations, to determine the form of penalty, the amount of fine, and appropriate measures provided for in this Decree and other government decrees and regulations on administrative penalties.

5. No administrative penalty shall be imposed if the violator is suffering from mental illness or other diseases that impair their ability to understand or control their actions.

6. The statute of limitations for administrative penalties and the period considered as not having been penalized for administrative violations shall be implemented in accordance with Articles 9 and 10 of the Law on Handling Administrative Violations.

Article 3-The application of forms of penalties and other measures prescribed in this Decree is as follows:

1. When imposing administrative penalties under this Decree, the authorized authority may only apply the forms of penalties and other measures prescribed by law.

2. Warning: Applied to minor violations, first-time offenses, with mitigating circumstances.

3. Fine: Determined based on the nature and degree of the violation within the prescribed fine range.

Violations with mitigating circumstances may be fined lower, but not below the lowest limit of the prescribed fine range.

Violations with aggravating circumstances may be fined up to the highest limit of the prescribed fine range.

Violations with multiple aggravating circumstances as stipulated in Clause 3 of Article 13 of the Law on Handling Administrative Violations shall apply the fine range with multiple aggravating circumstances.

4. Additional forms of penalties and other measures can be applied concurrently with the main form of penalty.

5. Depending on the nature and degree of the violation, organizations and individuals committing administrative violations in the field of commerce may also be subject to one or more of the following additional penalties:

Suspension of business service or trading operations for a limited time.

Revocation of the right to use the business registration certificate or representative office establishment permit for a limited time or permanently.

Confiscation of goods, evidence, and means used to cause the violation.

Confiscation of goods, evidence, and means of violation shall be carried out against those types of goods, evidence, and means that the law allows confiscation.

PART II

ADMINISTRATIVE VIOLATIONS IN THE FIELD OF COMMERCE,

FORMS AND AMOUNTS OF PENALTIES

Article 4-Imposing penalties for violations of regulations on business registration for enterprises, companies, branches; and setting up representative offices for enterprises, companies, branches, and economic organizations (hereinafter referred to as enterprises):

1. Warning or a fine of VND 100,000 to VND 500,000 shall be imposed for any of the following acts:

a) Using a Business Registration Certificate or Representative Office Establishment Permit beyond its validity period.

b) Losing a Business Registration Certificate or Representative Office Establishment Permit without reporting.

c) Not keeping a Business Registration Certificate or Representative Office Establishment Permit at the registered office as required.

2. A fine of VND 200,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Not publishing in the press as required after obtaining a Business Registration Certificate, when changing the contents of the Business Registration Certificate, or when dissolving the enterprise.

b) Continuing to operate despite being ordered to suspend or terminate business operations or the operation of the representative office.

3. A fine of VND 1,000,000 to VND 5,000,000 and revocation of the right to use the Business Registration Certificate or Representative Office Establishment Permit for up to one year shall be imposed for any of the following acts:

a) Renting or lending a Business Registration Certificate or Representative Office Establishment Permit.

b) Renting or borrowing another person's Business Registration Certificate to conduct business or renting or borrowing another person's Representative Office Establishment Permit to operate.

c) Conducting business contrary to the contents of the Business Registration Certificate or operating contrary to the contents of the Representative Office Establishment Permit.

d) Altering, erasing, or modifying a Business Registration Certificate or Representative Office Establishment Permit.

4. A fine of VND 2,000,000 to VND 10,000,000 and suspension of business operations for engaging in business without registration or conducting activities of a representative office without a permit. In cases with aggravating circumstances, the fine may be up to VND 30,000,000.

Article 5.Imposing penalties for violations concerning the Business License under Decree No. 66/HĐBT dated March 2, 1992 (hereinafter referred to as individual businesses):

1. Warning or a fine of VND 50,000 to VND 200,000 for any of the following acts:

a) Using an expired Business License.

b) Losing the Business License without reporting.

c) Not keeping the Business License at the place of business.

2. A fine of VND 100,000 to VND 500,000 for any of the following acts:

a) Temporarily suspending or ceasing business operations without permission or notification.

b) Continuing to conduct business despite being permitted to temporarily suspend or cease operations.

3. A fine of VND 200,000 to VND 1,000,000 and revocation of the right to use the Business License for up to one year for any of the following acts:

a) Altering, erasing, or modifying the Business License.

b) Renting or lending out the Business License.

c) Renting or borrowing another's Business License to conduct business.

d) Conducting business contrary to the contents of the Business License.

4. A fine of VND 500,000 to VND 2,000,000 and suspension of business operations for conducting business without a Business License.

Article 6.Imposing penalties for violations concerning prohibited goods and services:

1. A fine of VND 500,000 to VND 5,000,000 and confiscation of goods and means used in violation for engaging in the sale of services prohibited by the State. In cases with aggravating circumstances, the fine may be up to VND 30,000,000.

2. A fine of VND 1,000,000 to VND 10,000,000 and confiscation of goods and means used in violation for engaging in the sale (purchase, transport, storage) of goods prohibited by the State. In cases with aggravating circumstances, the fine may be up to VND 50,000,000.

Article 7. Imposing penalties for violations concerning goods and services subject to conditions:

1. A fine of VND 200,000 to VND 1,000,000 for conducting business in goods or services subject to conditions without a Certificate of Eligibility for Business. Suspension of business operations until obtaining a Certificate of Eligibility for Business.

2. A fine of VND 1,000,000 to VND 5,000,000 for conducting business in goods or services subject to conditions without ensuring the required conditions during the course of business. Compulsory compensation for damages caused; restoration to the original state; implementation of measures to mitigate environmental pollution and prevent the spread of diseases caused by administrative violations. In cases with aggravating circumstances, the fine may be up to VND 30,000,000.

Article 8. Imposing penalties for violations concerning pricing of goods and services:

1. Warning or a fine of VND 50,000 to VND 200,000 for failing to display prices on goods or services that must be displayed according to State regulations.

2. A fine of VND 500,000 to VND 2,000,000 for selling goods or charging service fees outside the prescribed price range for goods or services regulated by competent State authorities. Compulsory compensation for damages caused; confiscation of excess revenue from the violation.

Article 9. Imposing penalties for violations concerning business premises, representative offices, retail stores, and commercial outlets:

1. A fine of VND 100,000 to VND 500,000 for changing the location of a representative office, business premises, or individual business without notification as required.

2. A fine of VND 500,000 to VND 2,000,000 for any of the following acts:

a) A business or representative office does not have a fixed trading location.

b) Renting or lending the trade name of a business establishment without complying with legal provisions.

c) Renting, borrowing, or using the trade name of another business establishment to conduct business without complying with legal provisions.

Article 10.Imposing penalties for violations in relations with customers:

1. Warning or a fine of VND 100,000 and compulsory compensation for damages caused by the violation for any of the following acts:

a) Failing to provide warranty for products or services that the State requires to be warranted or self-declared as warranted but not provided.

b) Providing warranty for products or services not in accordance with regulations.

2. A fine of VND 200,000 to VND 1,000,000 and compulsory compensation for damages caused by the violation for any of the following acts:

a) Short-weighting goods for customers when weighing, measuring, or counting.

b) Swapping goods or engaging in other fraudulent acts causing damage to customers.

Article 11.Imposing penalties for violations concerning domestic agency purchase and sales of goods and services.

1. A fine of VND 100,000 to VND 500,000 for any of the following acts:

a) Using an agent or acting as an agent without meeting the conditions stipulated for agents in the purchase and sale of goods or services.

b) Using an agent or acting as an agent without a contract as required.

2. A fine of VND 500,000 to VND 2,000,000 for using the status of an agent to engage in illegal business activities.

Article 12.Imposing penalties for violations concerning foreign agency purchase and sales of goods and services:

1. A fine of VND 500,000 to VND 3,000,000 for acting as an agent for the purchase and sale of goods or services for foreign entities without a contract as required.

2. A fine of VND 3,000,000 to VND 10,000,000 and suspension or revocation of the right to use the Agency Permit for up to one year for any of the following acts:

a) Acting as an agent for the purchase and sale of goods or services for foreign entities without an Agency Permit.

b) Acting as an agent for the purchase and sale of goods or services for foreign entities contrary to the Agency Permit.

Article 13. Penalties for violations concerning the establishment and operation of representative offices; branch representative offices of foreign economic organizations in Vietnam shall be carried out in accordance with Article 19 and Article 20 of Chapter IV of Decree No. 82/CP dated August 2, 1994 on the Regulations for the Establishment and Operation of Representative Offices of Foreign Economic Organizations in Vietnam.

When the main base abroad has gone bankrupt or been dissolved but the Representative Office or Sub-Representative Office does not cease operations, the violation shall be handled according to Point 2 of Article 20 of Decree No. 82/CP dated August 2, 1994 on the Regulations for Establishing and Operating Representative Offices of Foreign Economic Organizations in Vietnam.

Article 14. Penalty for violations concerning the regulations on export and import of goods:

1. A fine of VND 1,000,000 to VND 5,000,000 for the act of allowing and using expired export and import permits to export or import goods.

2. A fine of VND 2,000,000 to VND 10,000,000, confiscation of goods and evidence of violation, revocation of rights or business licenses for direct export and import for up to 1 year. In cases with aggravating circumstances, a fine of up to VND 50,000,000 shall be imposed for one of the following acts:

a) Exporting or importing goods outside the scope permitted for direct export and import activities regarding product categories.

b) Exporting or importing goods contrary to the export or import permit regarding quantity and value of the shipment.

3. A fine of VND 5,000,000 to VND 20,000,000 and confiscation of goods and evidence of violation. In cases with aggravating circumstances, a fine of up to VND 100,000,000 shall be imposed for one of the following acts:

a) Directly exporting or importing goods without a permit.

b) Exporting or importing goods without an export or import permit when such a permit is required.

c) Exporting or importing goods prohibited from export or import by the State.

d) Buying, selling, or transferring export quotas or import targets allocated (including foreign quotas allocated to Vietnam).

Article 15. Penalty for violations concerning the regulations on entrusting and accepting entrustment for export and import of goods:

1. A fine of VND 1,000,000 to VND 5,000,000 for the act of entrusting the export or import of goods contrary to the scope of business registration or business license regarding product categories.

2. A fine of VND 2,000,000 to VND 10,000,000 and revocation of the right to use the business license for direct export and import for up to 6 months for the act of accepting entrustment for the export or import of goods contrary to the scope permitted for direct export and import activities regarding product categories.

Article 16. Penalty for violations concerning transshipment of goods:

1. A fine of VND 1,000,000 to VND 5,000,000 and revocation of the right to use the business license for direct export and import for up to 6 months for the act of operating transshipment services contrary to the permitted content of transshipment service operation.

2. A fine of VND 2,000,000 to VND 10,000,000 for the act of operating transshipment services without a transshipment service business license.

3. A fine of VND 5,000,000 to VND 20,000,000 and confiscation of goods and evidence of violation for the act of illegally consuming transshipped goods within the territory of Vietnam. In cases with aggravating circumstances, a fine of up to VND 100,000,000 shall be imposed.

Article 17. Penalty for violations concerning temporary import for re-export of goods:

1. A fine of VND 1,000,000 to VND 5,000,000 and revocation of the right to use the business license for direct export and import for up to 1 year for the act of temporarily importing for re-exporting goods contrary to the permitted content of temporary import for re-export activities.

2. A fine of VND 2,000,000 to VND 10,000,000 for the act of temporarily importing for re-exporting goods without a temporary import for re-export business license.

3. A fine of VND 5,000,000 to VND 20,000,000 and confiscation of goods and evidence of violation. In cases with aggravating circumstances, a fine of up to VND 100,000,000 shall be imposed for one of the following acts:

a) Temporarily importing for re-exporting goods prohibited from export or import (except those goods allowed by the State under special regulations).

b) Illegally consuming temporarily imported for re-exported goods within the territory of Vietnam.

Article 18. Penalty for violations concerning the consumption of goods by foreign-invested enterprises:

1. A fine of VND 2,000,000 to VND 10,000,000, in cases with aggravating circumstances, a fine of up to VND 50,000,000 shall be imposed for the act of a foreign-invested enterprise consuming products within the territory of Vietnam exceeding the permitted ratio or quantity, type, and value of products produced that can be consumed in Vietnam.

2. A fine of VND 5,000,000 to VND 20,000,000 and confiscation of goods and evidence of violation, in cases with aggravating circumstances, a fine of up to VND 100,000,000 shall be imposed for the act of illegally consuming within the territory of Vietnam goods imported to establish joint ventures or wholly foreign-owned enterprises according to the investment permit already issued.

Article 19. Penalty for violations concerning duty-free shops:

1. A fine of VND 1,000,000 to VND 5,000,000 and suspension of operations for the act of opening a duty-free shop without permission to operate a duty-free shop.

2. A fine of VND 2,000,000 to VND 10,000,000, in cases with aggravating circumstances, a fine of up to VND 30,000,000 and revocation of the right to operate a duty-free shop for up to 6 months for the act of selling duty-free goods contrary to the content of the permit regarding product categories, quota, quantity of duty-free goods, and target customers.

3. A fine of VND 5,000,000 to VND 20,000,000 and confiscation of goods and evidence of violation, in cases with aggravating circumstances, a fine of up to VND 50,000,000 and revocation of the right to operate a duty-free shop for up to 6 months for the act of consuming goods outside the permitted scope of the duty-free shop for goods imported to sell at the duty-free shop.

Article 20. Penalty for violations concerning trade fairs and exhibitions:

1. A fine of VND 200,000 to VND 1,000,000 and revocation of the right to use the business license for trade fair and exhibition services for up to 1 year for the act of organizing trade fairs and exhibitions contrary to the business license for trade fair and exhibition services or the organization permit for trade fairs and exhibitions.

2. A fine of from VND 500,000 to VND 2,000,000 shall be imposed on the act of organizing trade fairs or exhibitions or the permit for organizing trade fairs or exhibitions.

3. A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Displaying or introducing goods or services prohibited by the State from being traded or imported.

b) Selling goods or products displayed, selling other goods at trade fairs or exhibitions without permission.

c) Selling goods at trade fairs or exhibitions contrary to the permitted content.

4. A fine of from VND 5,000,000 to VND 15,000,000 shall be imposed on the act of illegally consuming goods temporarily imported for display or introduction at trade fairs or exhibitions and confiscation of the goods and evidence of violation.

Article 21.Punishment for violations committed by the owners of transport vehicles, warehouses, wharfs, residences: A fine of from VND 1,000,000 to VND 10,000,000 and confiscation of the evidence and means of transportation used for the violation, in cases with aggravating circumstances, a fine up to VND 30,000,000 shall be imposed on any of the following acts:

a) The owner of the transport vehicle or the person operating the transport vehicle intentionally transporting goods prohibited by the State from being traded or goods imported illegally.

b) The owner of the warehouse, wharf, residence, shop, store, etc., intentionally harboring or assisting in the consumption of goods prohibited by the State from being traded or goods imported illegally.

Article 22.Punishment for other violations committed by foreign organizations and individuals:

1. A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed on the act of foreign organizations and individuals consuming within the territory of Vietnam imported consumer goods exempted from tax for use according to specified standards (except for point b clause 2 Article this).

2. A fine of from VND 5,000,000 to VND 20,000,000 and confiscation of the goods and evidence of violation. In cases with aggravating circumstances, a fine up to VND 100,000,000 shall be imposed on foreign organizations and individuals committing any of the following acts:

a) Engaging in commercial trade activities within the territory of Vietnam without permission from competent Vietnamese state agencies.

b) Consuming within the territory of Vietnam means of transportation, communication equipment, office equipment, and interior furnishings that have been imported tax-exempt for use according to specified standards.

c) Consuming within the territory of Vietnam means of transportation and means of transportation entering Vietnam.

Article 23.Punishment for violations involving obstructing state employees and agencies in performing their duties to inspect and handle administrative violations in the field of commerce:

1. A warning or a fine of from VND 200,000 to VND 1,000,000 shall be imposed on any of the following acts:

a) Not presenting or not fully presenting relevant documents, certificates, books related to inspection and handling of violations.

b) Not declaring or declaring inaccurately about matters related to inspection and handling.

2. A fine of from VND 500,000 to VND 2,000,000 and an order to compensate for damages caused shall be imposed on any of the following acts:

a) Obstructing the inspection and control work of state employees and agencies performing inspection and control duties.

b) Intentionally delaying or evading the execution of administrative violation penalty decisions.

3. A fine of from VND 1,000,000 to VND 5,000,000 and an order to compensate for damages caused by the goods and evidence of violation that have been disposed of shall be imposed on any of the following acts:

a) Removing seals from goods and evidence of violation that are sealed or temporarily detained.

b) Disposing of goods and evidence of violation that are under inspection or temporarily detained.

CHAPTER III

AUTHORITY AND PROCEDURES FOR IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS

IN THE FIELD OF COMMERCE.

Article 24. The authority to impose administrative penalties in the field of commerce of People's Committees at all levels:

1. The Chairperson of the People's Committee of communes, wards, and towns has the right:

a) Warning.

b) Imposing a fine up to VND 200,000.

c) Confiscation of goods, evidence of violation, and means of transportation used for administrative violations valued up to VND 500,000.

d) Compelling compensation for damages up to VND 500,000 caused by administrative violations.

e) Compelling restoration to the original condition changed due to administrative violations.

g) Suspension of operations causing environmental pollution or spreading diseases.

h) Destruction of goods harmful to human health.

2. The Chairperson of the People's Committee at the district, town, city under province level has the authority to:

a) Warning.

b) A fine up to VND 10,000,000.

c) Confiscation of goods, evidence of violation, and means of transportation used for administrative violations valued up to VND 100,000,000.

d) Revocation of the right to use the Commercial Trading License issued by district or county authorities for up to 1 (one) year.

e) Compelling compensation for damages up to VND 1,000,000 caused by administrative violations.

g) Compelling implementation of measures to mitigate consequences caused by administrative violations.

h) Compelling destruction of goods harmful to human health, harmful cultural products according to regulations.

3. The Chairperson of the People's Committee at the provincial level, centrally governed city has the authority to:

a) Warning.

b) A fine up to VND 100,000,000.

c) Confiscation of goods, evidence of violation, and means of transportation used for administrative violations.

d) Revocation of the right to use the Commercial Trading License, Commercial Registration issued by provincial or city authorities.

e) Applying other penalties prescribed in points e, g, h clause 2 of this Article.

Article 25. The authority to impose administrative penalties of Market Management Agencies:

1. Market Control Officers currently performing official duties have the right to:

a) Warning.

b) Imposing a fine up to VND 200,000.

2- Team Leaders of Market Management Teams have the right to:

a) Warning.

b) To impose fines up to VND 1,000,000.

c) Confiscation of goods, evidence of violation, and means of transportation used for administrative violations valued up to VND 20,000,000.

d) Compelling destruction of goods harmful to human health, harmful cultural products according to regulations.

3. Chiefs of Market Management Branches have the right to:

a) Warning.

b) A fine up to VND 10,000,000.

c) Confiscation of goods, evidence of violation, and means of transportation used for administrative violations valued up to VND 100,000,000.

d) Revocation of the right to use the Commercial Trading License issued by district or county authorities for up to 1 (one) year, and other types of trading activity licenses issued by specialized departments.

e) Compelling destruction of goods harmful to human health, harmful cultural products according to regulations.

4. Chiefs of Market Management Departments have the right to:

a) Warning.

b) A fine up to VND 20,000,000.

c) Confiscation of goods, evidence of violation, and means of transportation used for administrative violations.

d) Revocation of the right to use the Commercial Trading License, Commercial Registration, and other types of trading activity licenses issued by local authorities.

e) Compelling destruction of goods harmful to human health, harmful cultural products according to regulations.

Article 26.The authority to impose administrative penalties in the field of commerce of Public Security Agencies, Customs, Border Guard Forces, and specialized State Inspection Agencies:

1. Persons authorized by the agencies: Public Security, Customs, Border Guard, specialized State Inspection have the right to impose administrative penalties in the field of commerce according to Articles 29 and 30 of the Administrative Violations Handling Ordinance.

2. In cases of administrative violations in the field of commerce that fall under the jurisdiction of multiple specialized state management agencies, the penalty shall be carried out by the first agency to handle the case.

Article 27.Procedures for imposing administrative penalties in the field of commerce:

1. The procedures and process for imposing administrative penalties in the field of commerce shall be implemented in accordance with the provisions of the Administrative Violations Handling Ordinance.

2. All administrative violation cases subject to penalties must be documented in a file and kept complete at the penalizing agency for the prescribed period.

3. Organizations and individuals fined must pay the fine at the location specified in the penalty decision. It is strictly prohibited for the person imposing the penalty to directly collect the fine in any form.

4. When applying the confiscation of contraband items and means of violation, the authorized penalizing authority must comply with the procedures stipulated in Article 51 of the Administrative Violations Handling Ordinance. Goods, contraband items, and means of violation confiscated shall be transferred to the financial agency at the same level to organize public auction according to regulations. The proceeds must be deposited into the State Treasury as prescribed.

5. The management and use of fines, proceeds from the sale of goods, contraband items, and means of violation confiscated due to violations shall be implemented in accordance with the regulations of the Government.

Article 28.Enforcement of penalty decisions and enforcement of administrative penalty decisions in the field of commerce:

1. Organizations and individuals penalized for administrative violations under this Decree must strictly comply with the penalty decision of the agency or authorized person within the prescribed time limit. If they fail to comply with the penalty decision or intentionally evade compliance, enforcement shall be carried out according to Article 55 of the Administrative Violations Handling Ordinance and penalties imposed according to Article 23 of this Decree.

2. When applying compulsory enforcement measures for administrative penalty decisions, the agency and the authority must follow the procedures and formalities for compulsory enforcement as prescribed by law.

Article 29.Application of measures to prevent administrative violations in the field of commerce:

1. To promptly prevent administrative violations and ensure the handling of administrative violations in the field of commerce, those persons and agencies with authority may apply administrative preventive measures as provided for in Article 38 of the Administrative Violations Handling Ordinance.

2. Authority, procedures, and processes for applying preventive measures against administrative violations and ensuring the imposition of administrative penalties in the field of commerce shall be implemented in accordance with the provisions of the Administrative Violations Handling Ordinance.

Article 30.Reporting and appealing administrative penalty decisions in the field of commerce and resolving reports and appeals:

1. Citizens have the right to report to competent state agencies about administrative violations by organizations and individuals and to report the actions of authorized persons imposing administrative penalties in the field of commerce.

2. Organizations and individuals penalized for administrative violations, subjected to administrative preventive measures (or their lawful representatives) have the right to appeal the penalty or the application of preventive measures against them.

3. Procedures, processes, deadlines, and authority for appeals and reports shall be implemented in accordance with the provisions of the Administrative Violations Handling Ordinance.

Article 31. Handling violations by authorized persons imposing administrative penalties in the field of commerce shall be applied as follows:

Authorized persons handling administrative violations in the field of commerce who engage in harassment, tolerance, cover-up of violations, failure to handle or handle inadequately, improperly, beyond authority, misappropriation, or improper use of money, goods, contraband items, and means of violation, obstructing legitimate trade flow, causing damage to traders shall be subject to administrative or criminal liability depending on the nature and severity of the violation.

PART IV

IMPLEMENTING PROVISIONS

Article 32.This Decree takes effect from the date of signature. Previous regulations on administrative penalties in the field of commerce that conflict with this Decree are hereby abolished.

Article 33. The Minister of Commerce, Ministers of other Ministries, Heads of agencies equivalent to Ministries, and Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.