Decree No. 06/2008/ND-CP on administrative penalties for violations in commercial activities

DECREE

Provisions on administrative penalties for violations in commercial activities

_____________________________

 

THE GOVERNMENT

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

Pursuant to the Law on Trade dated June 14, 2005;

Pursuant to the Electricity Law dated December 3, 2004, the Law Amending and Supplementing Certain Provisions of the Electricity Law;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

Considering the proposal of the Minister of Industry and Trade,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms and levels of penalty, measures to remedy consequences, authority and procedures for imposing administrative penalties in commercial activities.

2. Administrative violations in commercial activities are intentional or unintentional acts of individuals or organizations that violate state management regulations in commercial activities, which are not criminal offenses and are subject to administrative penalties under this Decree.

3. The administrative violations in commercial activities specified in this Decree include:

a) Violations concerning the Business Registration Certificate of traders;

b) Violations concerning the establishment and operation of Representative Offices and Branches of foreign traders in Vietnam; regarding the purchase and sale of goods and related activities directly linked to the purchase and sale of goods by foreign-invested enterprises in Vietnam; regarding export rights and import rights of foreign traders without a presence in Vietnam;

c) Violations concerning circulation and trading of goods and services in the market;

d) Violations concerning trade promotion activities;

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

e) Violations concerning intermediary trade activities;

g) Other violations concerning commercial activities.

4. Administrative violations in commercial activities not directly regulated in this Decree shall be handled according to the provisions on administrative penalties in other areas of state management relevant to such violations.

Article 2. Applicability

1. Vietnamese individuals and organizations committing administrative violations in commercial activities.

2. Foreign individuals and organizations committing administrative violations in commercial activities within the territory, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam, except where international treaties to which Vietnam is a party provide otherwise.

3. Minors committing administrative violations in commercial activities shall be penalized in accordance with Articles 6 and 7 of the Administrative Violation Handling Ordinance.

Article 3. Explanation of Terms

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

1. Business operation means continuously carrying out one, several, or all stages of the investment process from production to product consumption or service provision in the market with the aim of profit-making.

2. Goods include all movable assets, including future movable assets and objects attached to land.

3. Goods circulating in the market are goods in transit, on display for sale, stored in warehouses, docks, yards, at production or business premises, or at other locations.

4. Economic organizations include enterprises established and operating under the Enterprise Law and Investment Law; cooperatives and cooperative unions 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 as prescribed by law.

5. Individual businesses as defined in Government Decree No. 88/2006/NĐ-CP dated August 29, 2006, on business registration.

6. Services related to export and import of goods include consignment exports, consignment imports, transshipment, transit, temporary import-re-export, temporary export-re-import as provided for in the Trade Law and detailed implementing decrees of the Trade Law.

7. Smuggled goods include:

a) Goods prohibited from import or temporarily suspended from import as provided for;

b) Goods imported with conditions or requiring permits but lacking accompanying documents or permits issued by specialized state management agencies;

c) Goods imported through non-designated ports, without customs clearance as required, or with false quantities or types of goods declared during customs clearance;

d) Goods circulating in the market without accompanying invoices or documents as required, or with incomplete invoices or documents, or with invoices or documents determined by competent authorities through investigation and verification to be illegal such as fake invoices, blank invoices, illegally traded invoices, or used invoices;

đ) Goods required to have import labels affixed but lacking such labels as required, or with fake labels or used labels.

8. Counterfeit goods include:

a) Fake quality and function: goods without utility value or with utility value inconsistent with their origin, natural characteristics, name, and intended use;

b) Fake labeling and packaging: goods bearing false names or addresses of other traders on labels or packaging of similar goods; goods bearing false indications of origin or place of manufacture, packing, or assembly on labels or packaging;

c) False intellectual property as provided for in Article 213 of the Intellectual Property Law, including goods bearing trademarks or signs identical or difficult to distinguish from protected trademarks or geographical indications for the same goods without permission from the trademark owner or the organization managing the geographical indication; goods produced as copies without permission from the copyright holder or related rights holder;

d) Various types of stickers, labels, packaging, quality seals, anti-counterfeiting seals, warranty certificates, shrink-wrap labels containing false information about trader names, addresses, origins, places of manufacture, packing, or assembly (hereinafter referred to as counterfeit labels, packaging););

đ) For goods subject to specialized management, if there are specific legal provisions, those provisions shall be applied to determine counterfeit goods.

Article 4. Principles for Imposing Penalties

The principles for imposing administrative penalties in commercial activities shall be implemented in accordance with Article 3 of the Ordinance on Handling Administrative Violations, Articles 3 and 4 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Ordinance on Handling Administrative Violations.

Article 5. Mitigating Circumstances and Aggravating Circumstances

The mitigating circumstances or aggravating circumstances applied to impose penalties for administrative violations in commercial activities stipulated in this Decree shall be implemented in accordance with Articles 8 and 9 of the Ordinance on Handling Administrative Violations and Article 6 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Ordinance on Handling Administrative Violations.

Article 6. Time Limit for Administrative Sanctions

1. The statute of limitations for imposing administrative penalties in commercial activities is one year from the date the administrative violation was committed, except in cases provided for in Clause 2 of this Article.

2. For administrative violations in export and import activities or services related to export and import goods; acts of smuggling, trading or transporting smuggled goods; acts of producing and selling counterfeit goods, the statute of limitations for imposing administrative penalties is two years, from the date the administrative violation was committed.

3. If an individual is indicted, prosecuted, or has been decided to be brought to trial under criminal proceedings, but subsequently there is a decision to terminate the investigation or close the case, and the act of violation has characteristics of an administrative violation as stipulated in this Decree, they will be subject to administrative penalties. The statute of limitations for imposing administrative penalties is three months from the date the competent authority receives the decision to terminate the investigation and the case file.

4. Within the time limits specified in Clauses 1, 2, and 3 of this Article, if an individual or organization commits a new administrative violation newly defined in this Decree or intentionally evades or obstructs the imposition of penalties, the statute of limitations for imposing administrative penalties shall be recalculated from the date of the new administrative violation or the date when the evasion or obstruction ends.

5. The method of calculating the statute of limitations for imposing administrative penalties in commercial activities shall be implemented in accordance with Article 9 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Ordinance on Handling Administrative Violations.

6. In cases where the time limit specified in Clauses 1, 2, 3, and 4 of this Article has expired, the individual or organization committing the violation will not be subject to administrative penalties, but still be subject to measures to remedy consequences as stipulated in Clause 3 of Article 12 of the Ordinance on Handling Administrative Violations if this Decree provides for the application of remedial measures for that administrative violation.

Article 7. Time Limit Considered as Not Having Been Subject to Administrative Violation Handling

1. The time limit considered as not having been subject to administrative violation handling in commercial activities shall be implemented in accordance with Clause 1 of Article 11 of the Ordinance on Handling Administrative Violations and Article 7 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Ordinance on Handling Administrative Violations.

2. The method of calculating the time limit considered as not having been subject to administrative violation handling in commercial activities shall be implemented in accordance with Article 9 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Ordinance on Handling Administrative Violations.

Article 8. Application of administrative penalty forms and measures to remedy consequences

1. The application of administrative penalty forms and measures to remedy consequences for administrative violations must be based on the sanctions prescribed in this Decree for each specific violation.

2. Each administrative violation shall only apply one main form of penalty, which is either a warning or a fine:

a) A warning shall be applied to the first administrative violation, with mitigating circumstances, and if this Decree provides for a warning as a form of penalty for that administrative violation;

b) A fine shall be applied when there are no circumstances as specified in point a of this clause, and according to the fine range prescribed for each administrative violation as follows:

For an administrative violation without aggravating or mitigating circumstances, the specific amount of the fine is the midpoint of the fine range prescribed for that violation. The midpoint of the fine range is determined by dividing the sum of the minimum and maximum amounts by two;

For an administrative violation with mitigating circumstances, the amount of the fine may be reduced, but not below the minimum amount of the fine range;

For an administrative violation with aggravating circumstances, the amount of the fine may be increased, but not above the maximum amount of the fine range.

3. In addition to the main form of penalty, depending on the nature and degree of the specific administrative violation, individuals and organizations committing the violation may also be subject to one or more supplementary forms of penalty as follows:

a) Suspension of the right to use licenses or certificates for a limited or unlimited period shall be applied in cases where individuals or organizations seriously violate regulations on the use of licenses or certificates, and if this Decree provides for a supplementary form of penalty for that administrative violation;

b) Confiscation of objects and means used to commit the administrative violation shall be applied when this Decree provides for the application of a supplementary form of penalty for that administrative violation. Objects and means of administrative violation include items, money, goods, tools, and means directly related to the administrative violation. Objects and means of administrative violation that have been wrongfully obtained or illegally used by individuals or organizations committing the violation shall not be confiscated, but returned to the rightful owner or lawful manager or user in accordance with Clause 2, Article 17 of the Administrative Violations Handling Ordinance and Clause 2, Article 12 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the Administrative Violations Handling Ordinance.

4. In addition to the penalties provided for in Clause 2 and Clause 3 of this Article, individuals and organizations committing administrative violations may also be subject to one or more measures to remedy consequences caused by the violation or other measures as prescribed in this Decree to thoroughly address the violation, eliminate causes and conditions for recurrence, and mitigate all consequences caused by the administrative violation.

5. The main form of penalty can be applied independently or together with supplementary forms of penalty and measures to remedy consequences. Supplementary forms of penalty and measures to remedy consequences can only be applied together with the main form of penalty, except in cases provided for in Clause 6 of Article 6 and Clause 6 of this Article.

6. In cases where the decision on administrative penalty is issued beyond the time limit prescribed in Clause 1, Article 56 of the Administrative Violations Handling Ordinance and Article 21 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the Administrative Violations Handling Ordinance, the authority responsible for imposing the penalty shall not issue a decision on administrative penalty, but still must issue a decision to confiscate prohibited objects and means of administrative violation and apply measures to remedy consequences if this Decree provides for a supplementary form of penalty involving confiscation and measures to remedy consequences for that administrative violation.

Article 9. Responsibilities of the competent authority in administrative penalty proceedings

1. When discovering an administrative violation, the competent authority for administrative penalties in commercial activities must immediately stop the violation and issue an administrative penalty decision promptly within the time limit prescribed by law. In cases where the violation does not fall within their jurisdiction or exceeds their authority to impose penalties, they must record the case according to the regulations and promptly transfer the case file to the competent authority with the appropriate jurisdiction.

2. The competent authority for administrative penalties in commercial activities must impose penalties within their jurisdiction. If the competent authority for administrative penalties is absent, they shall delegate their deputy to carry out the penalty in accordance with Article 41 of the Administrative Violation Handling Ordinance and Article 14 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, detailing certain provisions of the Administrative Violation Handling Ordinance.

3. Strictly prohibit acts of shielding or obstructing administrative penalties; strictly prohibit retaining cases with signs of criminal offenses for administrative penalties or splitting violation cases to retain them for administrative penalties that match their own level of authority.

4. In cases where decisions on administrative penalties have been issued beyond jurisdiction, against the wrong violator, or for the wrong violation; where the form, amount of fine, and measures to remedy consequences have been incorrectly applied; or where penalties have been imposed outside the statute of limitations or time limit for penalties, such decisions must be amended or revoked depending on the specific circumstances.

5. The handling of responsibility for the competent authority for administrative penalties in commercial activities is regulated in Article 66 of this Decree.

Chapter II

For the act of trading counterfeit goods without utility or function as stipulated in Clause 1, Article 4 of this Decree, the fine shall be as follows:

Section 1

VIOLATIONS OF THE BUSINESS REGISTRATION CERTIFICATE OF TRADERS

Article 10. Violations of the Business Registration Certificate of traders who are economic organizations

1. A fine of from VND 1,000,000 to VND 3,000,000 for engaging in business activities not in accordance with the industry, product, or location specified in the Business Registration Certificate.

2. A fine of from VND 3,000,000 to VND 5,000,000 for conducting business under the guise of a business entity without a Business Registration Certificate as required.

3. A fine of from VND 5,000,000 to VND 10,000,000 for continuing business operations after the Business Registration Certificate has been revoked by the competent state management authority.

4. A fine twice the amount specified in Clauses 1 to 3 of this Article for engaging in the sale of goods or provision of services listed in the restricted business or conditional business list, or goods that have been subject to urgent measures by the competent state management authority requiring recall, suspension of circulation, conditional circulation, or requiring permits.

5. The provisions from Clause 1 to Clause 4 of this Article also apply to penalties for violations concerning Investment Licenses, Investment Certificates, and Business Registration Certificates of Branches and Representative Offices of economic organization traders in provinces and cities.

Article 11. Violations of the Business Registration Certificate of traders who are individual businesses

1. A warning or a fine of from VND 100,000 to VND 300,000 for engaging in business activities not in accordance with the industry, product, or location specified in the Business Registration Certificate.

2. A fine of from VND 300,000 to VND 500,000 for conducting business under the guise of an individual business without a Business Registration Certificate as required.

3. A fine of from VND 500,000 to VND 1,000,000 for continuing business operations after the Business Registration Certificate has been revoked by the competent state management authority.

4. A fine twice the amount specified in Clauses 1 to 3 of this Article for engaging in the sale of goods or provision of services listed in the restricted business or conditional business list, or goods that have been subject to urgent measures by the competent state management authority requiring recall, suspension of circulation, conditional circulation, or requiring permits.

Article 12. Administrative penalties for violations related to business registration, investment registration, office premises, and signs of traders

For administrative violations concerning business registration procedures, investment registration; office premises, business locations, signs of traders, and other violations regarding the Business Registration Certificate of individuals and economic organizations, the provisions on administrative penalties in relevant state management fields shall apply.

Section 2

VIOLATIONS OF THE PROVISIONS ON THE ESTABLISHMENT AND OPERATIONS OF FOREIGN TRADERS' REPRESENTATIVE OFFICES IN VIETNAM; THE ACTIVITIES OF PURCHASING AND SELLING GOODS AND OTHER ACTIVITIES DIRECTLY RELATED TO THE PURCHASE AND SALE OF GOODS BY FOREIGN-INVESTED ENTERPRISES IN VIETNAM; THE RIGHTS OF EXPORT AND IMPORT OF FOREIGN TRADERS WHO HAVE NO PRESENCE IN VIETNAM

Article 13. Violations of the provisions on the establishment and operation of foreign traders' representative offices in Vietnam (hereinafter referred to as Representative Offices)

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

a) Not operating within the prescribed time limit after being granted a License to establish a Representative Office;

b) Not implementing or not implementing correctly the regulations on publishing notices about the activities of the Representative Office in newspapers or the published content does not comply with or is incomplete according to the regulations;

c) Not notifying the competent state management agency within the prescribed time limit about opening operations at the registered office address;

d) Falsely declaring contents in the application dossier for issuance, reissuance, amendment, supplementation, or extension of the License to establish a Representative Office;

đ) Not implementing or not implementing correctly the regulations on publishing notices or publicly posting information when ceasing operations of the Representative Office;

2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:

a) Not having an office location for the Representative Office or leasing out the Representative Office's office or operating at an address different from that stated in the License;

b) Not submitting regular reports or submitting false reports about the activities of the Representative Office to the competent state management agency that issued the License as prescribed;

c) Not submitting reports, providing documents, or explaining issues related to the activities of the Representative Office as required by the competent state management agency as prescribed;

d) Not processing the procedures for amending, supplementing, or reissuing the License to establish a Representative Office as prescribed;

đ) Ceasing operations beyond the prescribed time limit without notifying the competent state management agency as prescribed;

e) Adding, erasing, or modifying the contents in the issued License to establish a Representative Office without authorization;

3. Fine from 15,000,000 VND to 20,000,000 VND for any of the following acts:

a) Falsifying documents or materials in the application dossier for issuance, reissuance, amendment, supplementation, or extension of the License to establish a Representative Office;

b) Operating outside the scope specified in the Representative Office's License;

c) Performing additional representative functions for other foreign traders;

d) The head of the Representative Office concurrently serving as the head of a Branch of the same foreign trader in Vietnam;

đ) The head of the Representative Office concurrently serving as the legal representative of the foreign trader to sign contracts without a written authorization from the foreign trader;

e) The head of the Representative Office concurrently serving as the legal representative of a company established under Vietnamese law;

g) The head of the Representative Office entering into, amending, or supplementing contracts already concluded by the foreign trader without a lawful written authorization from the foreign trader for each transaction, amendment, or supplementation, except where permitted by law;

h) Renting, borrowing, or lending the License to establish a Representative Office.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Continuing to operate after the foreign trader has ceased operations;

b) Continuing to operate after the competent state management agency has revoked the License to establish a Representative Office or the License has expired and not been renewed.

5. In addition to applying the aforementioned forms of administrative penalties, the authority responsible for imposing penalties must recommend the competent state management agency to revoke the License to establish a Representative Office in cases of violations stipulated 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 concerning the establishment and operation of foreign commercial entities' branches in Vietnam (hereinafter referred to as Branches)

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Not operating within the time limit specified after being granted the Branch Establishment License;

b) Not implementing or not implementing correctly the provisions on publishing notices about the Branch's activities in newspapers or the published content is incorrect or incomplete as prescribed;

c) Not notifying competent state management agencies within the specified time limit regarding the opening of operations at the registered office;

d) Falsely declaring contents in the application dossier for issuance, reissuance, amendment, supplementation, or extension of the Branch Establishment License;

đ) Not implementing or not implementing correctly the provisions on publishing notices or publicly posting information when ceasing operations of the Branch;

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Not having a Branch office or leasing out the Branch office or operating at an address different from that recorded in the Branch Establishment License;

b) Not submitting regular reports or submitting false reports about the Branch's activities to the competent state management agency that issued the Branch Establishment License as prescribed;

c) Not submitting reports, providing documents, or explaining issues related to the Branch's activities upon request of the competent state management agency;

d) Not processing procedures for amending, supplementing, or reissuing the Branch Establishment License as prescribed;

đ) Ceasing operations beyond the specified time limit without notifying the competent state management agency;

e) Adding, erasing, or altering contents in the Branch Establishment License issued;

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

a) Forging documents or materials in the application dossier for issuance, reissuance, amendment, supplementation, or extension of the Branch Establishment License;

b) Operating contrary to the contents recorded in the Branch Establishment License;

c) Performing functions to represent other foreign traders;

d) The head of the Branch concurrently holding the position of legal representative of the Representative Office of the same foreign trader in Vietnam;

đ) The head of the Branch concurrently holding the position of legal representative of the Representative Office or Branch of another foreign trader in Vietnam;

e) Leasing or subleasing the Branch Establishment License;

4. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Continuing to operate after the foreign trader has ceased operations;

b) Continuing to operate after the competent state management agency has revoked the Branch Establishment License or the License has expired and not been extended;

5. In addition to applying the aforementioned forms of punishment, the authority responsible for imposing penalties must recommend the competent state management agency to revoke the Branch Establishment License in cases of violations stipulated in points a and d Clause 1; points b, c, and đ Clause 2; and point b and e Clause 3 of this Article;

Article 15. Violations concerning the operation of goods trading and related activities directly linked to goods trading of enterprises with foreign investment in Vietnam

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Falsely declaring contents in the application dossier for issuance, reissuance, amendment, supplementation, or extension of the Business License or Retail Establishment License;

b) Not reporting the loss of the Business License or Retail Establishment License to the competent state management agency as prescribed;

c) Not submitting reports, providing documents, or explaining issues related to the enterprise's activities to the competent state management agency as prescribed;

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Not processing procedures for amending or supplementing the Business License or Retail Establishment License as prescribed when there is a change in any of the contents recorded in the Business License or Retail Establishment License;

b) Not processing procedures for reissuing the Business License or Retail Establishment License in cases where the Business License or Retail Establishment License is lost, torn, damaged, burned, or destroyed in any other manner as prescribed;

3. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Organizing a network to collect goods in Vietnam for export contrary to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party;

b) Organizing or participating in a distribution system for goods in Vietnam contrary to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party;

c) Trading goods or services inconsistent with Vietnam's market opening commitments or inconsistent with Vietnamese laws;

d) Operating outside the scope of activities recorded in the Business License or Retail Establishment License;

đ) Establishing retail outlets illegally in Vietnam;

4. A fine of VND 40,000,000 to VND 50,000,000 for the act of continuing to operate after the competent state management agency has revoked the Business License, Retail Establishment License, or the Business License or Retail Establishment License has expired and not been extended;

5. In addition to applying the aforementioned forms of punishment, the authority responsible for imposing penalties must recommend the competent state management agency to revoke the Business License or Retail Establishment License for violations stipulated in this Article.

Article 16. Violations concerning the implementation of export rights and import rights of foreign traders without a presence in Vietnam

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Falsely declaring contents in the application dossier for issuance, reissuance, amendment, supplementation, or extension of the Export and Import Rights Registration Certificate;

b) Not registering contact addresses with competent state management agencies as prescribed;

c) Not processing procedures for amendment, supplementation, reissuance, or extension of the Export and Import Rights Registration Certificate as prescribed;

d) Not implementing or not properly implementing the obligation to publicly announce on Vietnamese mass media after being issued or amended, supplemented, or extended the Export and Import Rights Registration Certificate.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Not submitting annual reports or ad hoc reports as required by state management agencies regarding the situation of exports and imports of the trader as prescribed, or submitting incomplete, inaccurate, or untimely reports;

b) Not sending a notice of cessation of operations to the agency issuing the Export and Import Rights Registration Certificate or sending such a notice untimely before the planned cessation date as prescribed;

c) Not implementing or not properly implementing the obligation to publicly announce on Vietnamese mass media when planning to cease operations.

3. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Forging documents or materials in the application dossier for issuance, reissuance, amendment, supplementation, or extension of the Export and Import Rights Registration Certificate;

b) Purchasing goods for export or selling imported goods to Vietnamese traders who have not registered to trade in those types of goods;

c) Exporting or importing goods that do not match the types of goods listed in the Export and Import Rights Registration Certificate that has been issued, amended, supplemented, or extended.

4. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed for the act of exporting or importing goods after the Export and Import Rights Registration Certificate has been revoked by a competent state management agency or after the certificate has expired without renewal.

5. Measures to remedy consequences:

Order the removal from Vietnamese territory at the point of entry or suspend exportation for violations stipulated in point c, Clause 3 and Clause 4 of this Article.

6. In addition to applying the aforementioned penalties, the authorized penalty authority must recommend the competent state management agency to revoke the Export and Import Rights Registration Certificate for violations stipulated in point a, Clause 1, point a, Clause 2, and Clause 3 of this Article.

Section 3

VIOLATIONS OF PROVISIONS ON THE CIRCULATION AND BUSINESS OF GOODS AND SERVICES IN THE MARKET

Article 17. Violations concerning prohibited business services

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for the act of brokering or harboring activities of trading in services listed in the prohibited business directory.

2. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for the act of trading in services listed in the prohibited business directory.

3. Additional forms of punishment:

Confiscate objects and means used to commit administrative violations for violations stipulated in this Article.

4. In addition to applying the aforementioned penalties, the authorized penalty authority must recommend the competent state management agency to revoke the Business Registration Certificate for violations stipulated in this Article in cases of repeated offenses or recidivism.

Article 18. Violations concerning prohibited goods

1. A warning or a fine from VND 500,000 to VND 1,000,000 shall be imposed for the act of trading in goods listed in the catalogue of prohibited goods with a value up to VND 5,000,000.

2. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article with a value from over VND 5,000,000 to VND 10,000,000.

3. A fine from VND 2,000,000 to VND 3,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article with a value from over VND 10,000,000 to VND 20,000,000.

4. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article with a value from over VND 20,000,000 to VND 30,000,000.

5. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article with a value from over VND 30,000,000 to VND 50,000,000.

6. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article with a value from over VND 50,000,000 to VND 70,000,000.

7. A fine from VND 15,000,000 to VND 20,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article with a value from over VND 70,000,000 to under VND 100,000,000.

8. A fine twice the amount specified in Clauses 1 through 7 of this Article shall be imposed in any of the following cases:

a) The violation is committed by an individual or organization engaged in production, processing, manufacturing, fabrication, recycling, sorting, assembly, repackaging, refilling, packaging, importation of prohibited goods;

b) Prohibited goods include harmful chemicals, various types of medicines for human disease prevention and treatment, vaccines, medical supplies, veterinary drugs, plant protection products, food additives, food processing aids, irradiated foods, genetically modified foods, and medical devices not permitted for use in Vietnam.

9. The fines specified in Clauses 1 through 8 of this Article shall also be applied for punishment in the following cases:

a) The owner of the transport vehicle or the driver who intentionally transports goods listed in the catalogue of prohibited goods;

b) The owner of warehouses, wharfs, yards, or residences who intentionally store or hide goods listed in the catalogue of prohibited goods;

c) Individuals or organizations engaged in cargo delivery services who intentionally deliver goods listed in the catalogue of prohibited goods.

10. Additional forms of punishment and measures to remedy consequences:

a) Forced destruction of goods, items harmful to human health, animal health, crops, environment, educational toys harmful to children's character and health, and harmful cultural products for violations stipulated in this Article. In cases where the forced destruction measure cannot be applied or the violator does not carry out the destruction, confiscation for destruction shall be carried out according to regulations;

b) Confiscation of prohibited goods for violations stipulated in this Article, except in cases where the provisions of point a, Clause 10 of this Article have been applied;

c) Confiscation of tools, equipment used for production, processing, manufacturing, fabrication, recycling, sorting, assembly, repackaging, refilling, packaging of prohibited goods for violations stipulated in point a, Clause 8 of this Article;

d) Confiscation of vehicles transporting prohibited goods for violations stipulated in points a and c, Clause 9 of this Article if they fall into any of the following situations: the value of the violating goods exceeds VND 50,000,000; repeated violations or recidivism; using license plates that do not belong to the transport vehicle or license plates issued by unauthorized state management agencies; acts of evading or obstructing public officials, except in cases provided for in Clause 2, Article 17 of the Administrative Violation Handling Ordinance and Clause 2, Article 12 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the Administrative Violation Handling Ordinance.

11. In addition to applying the forms of punishment and remedial measures mentioned above, the authority imposing the penalty must recommend the competent state management agency to revoke the Business Registration Certificate for violations stipulated in this Article if the value of the violating goods exceeds VND 50,000,000 or there are repeated violations or recidivism.

Article 19. Violation of provisions on domestic circulating goods subject to emergency measures

1. Warning or a fine from VND 100,000 to VND 500,000 shall be imposed for engaging in business with goods that have been subject to emergency measures by competent state management agencies requiring conditions or permits but failing to meet such conditions or lacking valid permits, where the value of the goods does not exceed VND 5,000,000.

2. A fine from VND 500,000 to VND 1,000,000 shall be imposed for violating the provisions of Clause 1 of this Article where the value of the goods ranges from over VND 5,000,000 to VND 10,000,000.

3. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed for violating the provisions of Clause 1 of this Article where the value of the goods ranges from over VND 10,000,000 to VND 20,000,000.

4. A fine from VND 2,000,000 to VND 3,000,000 shall be imposed for violating the provisions of Clause 1 of this Article where the value of the goods ranges from over VND 20,000,000 to VND 30,000,000.

5. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed for violating the provisions of Clause 1 of this Article where the value of the goods ranges from over VND 30,000,000 to VND 50,000,000.

6. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for violating the provisions of Clause 1 of this Article where the value of the goods ranges from over VND 50,000,000 to VND 70,000,000.

7. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed for violating the provisions of Clause 1 of this Article where the value of the goods ranges from over VND 70,000,000 to VND 100,000,000.

8. A fine from VND 15,000,000 to VND 20,000,000 shall be imposed for violating the provisions of Clause 1 of this Article where the value of the goods exceeds VND 100,000,000.

9. A fine double the amount specified in Clauses 1 through 8 of this Article shall be imposed for any of the following cases:

a) Engaging in business with goods that have been subject to emergency measures by competent state management agencies requiring recall or suspension of circulation.

b) The violation is committed by individuals or organizations involved in production, processing, manufacturing, crafting, recycling, sorting, assembly, repackaging, refilling, packaging, or importation of goods that have been subject to emergency measures by competent state management agencies requiring recall, suspension of circulation, conditional circulation, or permits.

10. For violations involving business with goods that have been subject to emergency measures prohibiting circulation, penalties shall be imposed according to Article 18. 2. Civil servants, officials, and officers belonging to the armed forces working directly and regularly in the field of foreign affairs and international integration shall be recognized as being proficient in rare foreign languages if they meet the following conditions:

11. Additional forms of punishment and measures to remedy consequences:

a) Order the destruction of goods harmful to human health, animal health, plant health, the environment, educational toys harmful to children's character and health, and harmful cultural products in violation of this Article. In cases where the measure of destruction cannot be applied or the violator fails to carry out the destruction, confiscate and destroy the goods according to regulations.

b) Confiscate goods in violation of point a of Clause 9 of this Article, except when the measure provided for in point a of Clause 11 of this Article has already been applied.

Article 20. Violation of provisions on restricted business goods and services

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

a) Renting or lending a Business License for restricted goods and services.

b) Adding, erasing, or altering the content recorded in a Business License for restricted goods and services.

2. A fine from VND 500,000 to VND 1,000,000 shall be imposed for failing to meet any of the requirements regarding professional qualifications, expertise, work experience, and health of managers, technical staff, direct sales personnel, or service providers as stipulated.

3. A fine of from one million to three million dong shall be imposed for any of the following acts:

a) Restricted goods and services not meeting the circulation conditions as prescribed.

b) A business establishment not meeting any of the technical, equipment, business process, and other standards as prescribed, or failing to comply with or fully comply with the business conditions for restricted goods and services during operation.

c) Conducting business outside the scope, target, scale, time, location, or items specified in the Business License for restricted goods and services issued.

d) Not complying with other relevant regulations when conducting business with restricted goods and services.

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

a) Renting or borrowing a Business License for restricted goods and services from another trader to conduct business.

b) Continuing operations when the Business License for restricted goods and services has been revoked or recalled by a competent state management agency.

c) Conducting business with restricted goods and services without a valid Business License for restricted goods and services issued by a competent state management agency or a Business License that has expired.

5. A fine double the amount specified in Clauses 1 through 4 of this Article shall be imposed if the violation is committed by individuals or organizations involved in production, processing, manufacturing, crafting, recycling, sorting, assembly, repackaging, refilling, packaging, or importation of restricted goods and services.

6. Supplementary forms of administrative penalty and measures to remedy consequences:

a) Order the destruction of goods that do not ensure safety against fire, explosion, hygiene, environmental protection, and impact on human health, animal health, and plant health in violation of point a of Clause 3 of this Article. In cases where the measure of destruction cannot be applied or the violator fails to carry out the destruction, confiscate and destroy the goods according to regulations.

b) Suspend the use of the Business License for restricted goods and services for up to one year for violations of Clauses 1 and 3 and point a of Clause 4 of this Article in cases of repeated or recidivist offenses.

Article 21. Violations concerning goods and services subject to conditions

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

a) Leasing or lending the Certificate of Eligibility for Trading in Goods and Services Subject to Conditions;

b) Illegally writing, erasing, or altering contents within the Certificate of Eligibility for Trading in Goods and Services Subject to Conditions.

2. Fine from VND 500,000 to VND 1,000,000 for one of the following acts:

a) Individuals or organizations trading in goods and services subject to conditions that are not merchants as defined;

b) Management staff, technical staff, sales personnel directly buying and selling goods, and service personnel failing to meet one of the requirements regarding professional qualifications, expertise, work experience, and health as prescribed.

3. A fine of from one million to three million dong shall be imposed for any of the following acts:

a) Goods and services not meeting the circulation conditions as prescribed;

b) Business establishments failing to meet one of the requirements regarding technical standards, equipment, business procedures, and other standards as prescribed, or during business operations, not implementing or improperly implementing the conditions for trading in goods and services subject to conditions as prescribed;

c) Trading in goods and services outside the scope recorded in the issued Certificate of Eligibility for Trading;

d) Not complying with other relevant regulations when trading in goods and services subject to conditions.

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

a) Renting or borrowing another merchant's Certificate of Eligibility for Trading or another person's professional certificate to trade in goods and services subject to conditions;

b) Trading in goods and services listed under the category of goods and services subject to conditions without holding a Certificate of Eligibility for Trading issued by the competent state management agency or a professional certificate as prescribed;

c) Continuing to operate trading activities after having been deprived of the right to use or had their Certificate of Eligibility for Trading revoked by the competent state management agency, or when such certificates have expired.

5. Imposing a fine twice the amount specified in Clauses 1 to 4 of this Article if the violation involves individuals or organizations producing, processing, manufacturing, recycling, sorting, assembling, repackaging, refilling, packaging, or importing goods and services subject to conditions.

6. Supplementary forms of administrative penalty and measures to remedy consequences:

a) Order the destruction of goods that do not ensure safety against fire, explosion, hygiene, environmental protection, and impact on human health, animal health, and plant health in violation of point a of Clause 3 of this Article. In cases where the measure of destruction cannot be applied or the violator fails to carry out the destruction, confiscate and destroy the goods according to regulations.

b) Depriving the right to use the Certificate of Eligibility for Trading, professional certificate for up to one year for violations stipulated in Clause 1, Clause 3, and point a of Clause 4 of this Article in cases of repeated offenses or recidivism.

7. In cases where administrative violations concerning the conditions for trading in goods and services are already regulated in Government Decrees on penalties for administrative violations in specialized fields, they shall be penalized according to those Decrees.

Article 22. Penalties for trading in smuggled goods

1. Warning or imposing a fine from VND 300,000 to VND 500,000 for trading in smuggled goods valued up to VND 5,000,000.

2. Imposing a fine from VND 500,000 to VND 1,000,000 for violations stipulated in Clause 1 of this Article with values from over VND 5,000,000 to VND 10,000,000.

3. Imposing a fine from VND 1,000,000 to VND 2,000,000 for violations stipulated in Clause 1 of this Article with values from over VND 10,000,000 to VND 20,000,000.

4. Imposing a fine from VND 2,000,000 to VND 3,000,000 for violations stipulated in Clause 1 of this Article with values from over VND 20,000,000 to VND 30,000,000.

5. Imposing a fine from VND 3,000,000 to VND 5,000,000 for violations stipulated in Clause 1 of this Article with values from over VND 30,000,000 to VND 50,000,000.

6. Imposing a fine from VND 5,000,000 to VND 7,000,000 for violations stipulated in Clause 1 of this Article with values from over VND 50,000,000 to VND 70,000,000.

7. Imposing a fine from VND 7,000,000 to VND 10,000,000 for violations stipulated in Clause 1 of this Article with values from over VND 70,000,000 to less than VND 100,000,000.

8. Imposing a fine twice the amount specified in Clauses 1 to 7 of this Article in the following cases:

a) Smuggled goods belong to the list of prohibited imports or temporarily suspended imports;

b) The violation is committed by individuals or organizations directly importing such goods.

9. The fines specified in Clauses 1 through 8 of this Article shall also be applied for punishment in the following cases:

a) The owner of the transport vehicle or the driver intentionally transporting smuggled goods;

b) The owner of warehouses, wharfs, storage areas, or residences intentionally harboring or concealing smuggled goods;

c) Individuals or organizations engaged in logistics services intentionally delivering smuggled goods.

10. In cases where smuggled goods belong to the list of prohibited goods, penalties shall be imposed according to Article 18. 2. Civil servants, officials, and officers belonging to the armed forces working directly and regularly in the field of foreign affairs and international integration shall be recognized as being proficient in rare foreign languages if they meet the following conditions:

11. Additional forms of punishment and measures to remedy consequences:

a) Ordering the destruction of goods or items harmful to human health, animal health, plant health, the environment, educational toys harmful to children's character and health, and harmful cultural products for violations stipulated in this Article. If the destruction measure cannot be applied or the violator does not carry out the destruction, confiscate and destroy according to regulations;

b) Confiscating smuggled goods for violations stipulated in this Article, except in cases where the measure prescribed in point a of Clause 11 of this Article has been applied;

c) Confiscating the means of transportation used to transport smuggled goods for violations stipulated in point a and point c of Clause 9 of this Article if it falls under one of the following circumstances: the value of smuggled goods exceeds VND 70,000,000; repeated offenses or recidivism; using license plates not belonging to the transportation vehicle or license plates not issued by the competent state management agency; engaging in acts of evading or obstructing law enforcement officers, except in cases stipulated in Clause 2 of Article 17 of the Administrative Violation Handling Ordinance and Clause 2 of Article 12 of Decision No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the Administrative Violation Handling Ordinance.

Article 23. Violations concerning product labeling regulations

1. For one of the acts of trading products with labels (including secondary labels) that are obscured, torn, faded, or illegible for mandatory information on the label, or trading products with labels that do not comply with the prescribed rules on how to record and the language used on the label, shall be punished as follows:

a) Warning or a fine from VND 50,000 to VND 100,000 if the value of the product with the violating label is up to VND 5,000,000;

b) A fine from VND 100,000 to VND 200,000 if the value of the product with the violating label is from VND 5,000,000 to VND 10,000,000;

c) A fine from VND 200,000 to VND 500,000 if the value of the product with the violating label is from VND 10,000,000 to VND 20,000,000;

d) A fine from VND 500,000 to VND 1,000,000 if the value of the product with the violating label is from VND 20,000,000 to VND 30,000,000;

đ) A fine from VND 1,000,000 to VND 3,000,000 if the value of the product with the violating label is from VND 30,000,000 to VND 50,000,000;

e) A fine from VND 3,000,000 to VND 5,000,000 if the value of the product with the violating label is from VND 50,000,000 to VND 70,000,000;

g) A fine from VND 5,000,000 to VND 10,000,000 if the value of the product with the violating label is from VND 70,000,000 to VND 100,000,000.

2. For one of the acts of trading products with labels (including secondary labels) or accompanying documents that do not contain all mandatory information as prescribed or trading imported products with original foreign-language labels without Vietnamese secondary labels as required, shall be punished as follows:

a) Warning or a fine from VND 100,000 to VND 200,000 if the value of the product with the violating label is up to VND 5,000,000;

b) A fine from VND 200,000 to VND 500,000 if the value of the product with the violating label is from VND 5,000,000 to VND 10,000,000;

c) A fine from VND 500,000 to VND 1,000,000 if the value of the product with the violating label is from VND 10,000,000 to VND 20,000,000;

d) A fine from VND 1,000,000 to VND 2,000,000 if the value of the product with the violating label is from VND 20,000,000 to VND 30,000,000;

đ) A fine from VND 2,000,000 to VND 5,000,000 if the value of the product with the violating label is from VND 30,000,000 to VND 50,000,000;

e) A fine from VND 5,000,000 to VND 10,000,000 if the value of the product with the violating label is from VND 50,000,000 to VND 70,000,000;

g) A fine from VND 10,000,000 to VND 15,000,000 if the value of the product with the violating label is from VND 70,000,000 to VND 100,000,000.

3. For one of the acts of trading products whose labels contain non-mandatory content such as images, drawings, writings, quality symbols, quality standards, quality icons, barcode numbers, medals, awards, and other non-mandatory information that are not true; trading products whose labels contain mandatory information that does not match the actual product or does not match the announced quality; trading products with labels (including original or secondary labels of imported products) that have been erased, altered, or tampered with, causing distortion of product information, shall be punished as follows:

a) Warning or a fine from VND 200,000 to VND 500,000 if the value of the product with the violating label is up to VND 5,000,000;

b) A fine from VND 500,000 to VND 1,000,000 if the value of the product with the violating label is from VND 5,000,000 to VND 10,000,000;

c) A fine from VND 1,000,000 to VND 2,000,000 if the value of the product with the violating label is from VND 10,000,000 to VND 20,000,000;

d) A fine from VND 2,000,000 to VND 5,000,000 if the value of the product with the violating label is from VND 20,000,000 to VND 30,000,000;

đ) A fine from VND 5,000,000 to VND 10,000,000 if the value of the product with the violating label is from VND 30,000,000 to VND 50,000,000;

e) A fine from VND 10,000,000 to VND 15,000,000 if the value of the product with the violating label is from VND 50,000,000 to VND 70,000,000;

g) A fine from VND 15,000,000 to VND 20,000,000 if the value of the product with the violating label is from VND 70,000,000 to VND 100,000,000.

4. For the act of trading products that must have a label but do not have a label, shall be punished as follows:

a) Warning or a fine from VND 500,000 to VND 1,000,000 if the value of the product with the violating label is up to VND 5,000,000;

b) A fine from VND 1,000,000 to VND 2,000,000 if the value of the product with the violating label is from VND 5,000,000 to VND 10,000,000;

c) A fine from VND 2,000,000 to VND 5,000,000 if the value of the product with the violating label is from VND 10,000,000 to VND 20,000,000;

d) A fine from VND 5,000,000 to VND 10,000,000 if the value of the product with the violating label is from VND 20,000,000 to VND 30,000,000;

đ) A fine from VND 10,000,000 to VND 15,000,000 if the value of the product with the violating label is from VND 30,000,000 to VND 50,000,000;

e) A fine from VND 15,000,000 to VND 20,000,000 if the value of the product with the violating label is from VND 50,000,000 to VND 70,000,000;

g) A fine from VND 20,000,000 to VND 30,000,000 if the value of the product with the violating label is from VND 70,000,000 to VND 100,000,000.

5. A fine twice the amount specified in Clauses 1 through 4 of this Article shall be imposed for one of the following cases:

a) The violation concerns the labeling of food products, medicines for human use, veterinary drugs, fertilizers, animal feed, plant protection products, and crop seeds;

b) The violation concerns the labeling of products produced, processed, manufactured, crafted, recycled, repackaged, refilled, packaged, assembled, or imported by individuals or organizations.

6. For the act of trading expired products, it shall be punished according to the provisions of Article 26 of this Decree.

7. For the act of trading counterfeit-labeled products or packaging as stipulated in point b, Clause 8, Article 3 of this Decree, it shall be punished according to the provisions of Article 24 of this Decree.

8. For acts of trading in counterfeit goods bearing trademarks, geographical indications protected under this Decree, or copies produced without permission from the copyright holder or related rights owner as stipulated in point c, Clause 8, Article 3 of this Decree, the relevant provisions on administrative penalties in areas under state management shall be applied.

9. Additional forms of punishment and measures to mitigate consequences:

a) Order the cessation of circulation of goods with infringing labels for violations specified in Clauses 1 to 5 of this Article.

b) Order traders producing, processing, assembling, or importing goods to recall goods with infringing labels and rectify the labeling violations before continuing to circulate such goods for violations specified in Clauses 1 to 5 of this Article.

c) Order the destruction of goods that do not ensure safe use for people, livestock, crops, and affect the environment for violations specified in Clauses 1 to 5 of this Article. In cases where the destruction measure cannot be implemented or the violator does not carry out the destruction, the goods shall be confiscated for destruction according to regulations.

Article 24. Penalties for Trading in Counterfeit Goods

1. Warning or a fine of VND 300,000 to VND 500,000 for trading in counterfeit goods valued up to VND 1,000,000.

2. A fine of VND 500,000 to VND 1,000,000 for violations specified in Clause 1 of this Article with a value exceeding VND 1,000,000 to VND 3,000,000.

3. A fine of VND 1,000,000 to VND 2,000,000 for violations specified in Clause 1 of this Article with a value exceeding VND 3,000,000 to VND 5,000,000.

4. A fine of VND 2,000,000 to VND 5,000,000 for violations specified in Clause 1 of this Article with a value exceeding VND 5,000,000 to VND 10,000,000.

5. A fine of VND 5,000,000 to VND 10,000,000 for violations specified in Clause 1 of this Article with a value exceeding VND 10,000,000 to VND 20,000,000.

6. A fine of VND 10,000,000 to VND 20,000,000 for violations specified in Clause 1 of this Article with a value exceeding VND 20,000,000 to less than VND 30,000,000.

7. A fine double the amount specified in Clauses 1 to 6 of this Article for any of the following circumstances:

a) The violation is committed by individuals or organizations engaged in production, processing, manufacturing, assembly, recycling, crafting, sorting, repackaging, refilling, packaging, or importing counterfeit goods.

b) Counterfeit goods are food, human medicines, cosmetics, veterinary drugs, fertilizers, cement, steel, animal feed, plant protection products, crop seeds, or livestock breeds.

8. For acts of trading in counterfeit goods bearing trademarks, protected geographical indications, or copies produced without permission from the copyright holder or related rights owner as stipulated in point c, Clause 8, Article 3 of this Decree, the relevant provisions on administrative penalties in areas under state management shall be applied.

9. Additional forms of punishment and measures to mitigate consequences:

a) Order the destruction of counterfeit goods without utility, safety, causing harm to production, health of people, livestock, crops, and the environment for violations specified in this Article. In cases where the destruction measure cannot be implemented or the violator does not carry out the destruction, the goods shall be confiscated for destruction according to regulations.

b) Order the removal of counterfeit elements on labels or packaging for violations specified in this Article if they do not fall under the measures prescribed in point a, Clause 9 of this Article. In cases where the counterfeit elements cannot be removed or the violator does not carry out the removal, the goods shall be confiscated for disposal according to regulations.

c) Confiscate objects and means used to produce counterfeit goods for violations specified in point a, Clause 7 of this Article.

Article 25. Sanctions for the business of counterfeit labels, trademarks, and packaging

1. For the act of engaging in the business of counterfeit labels, trademarks, and packaging as stipulated in Point d Clause 8 Article 3 of this Decree, the following sanctions shall be imposed:

a) Warning or a fine from VND 50,000 to VND 100,000 if the counterfeit labels, trademarks, and packaging have a quantity up to 100 units.

b) A fine from VND 100,000 to VND 500,000 if the counterfeit labels, trademarks, and packaging have a quantity from over 100 units to 500 units.

c) A fine from VND 500,000 to VND 1,000,000 if the counterfeit labels, trademarks, and packaging have a quantity from over 500 units to 1,000 units.

d) A fine from VND 1,000,000 to VND 2,000,000 if the counterfeit labels, trademarks, and packaging have a quantity from over 1,000 units to 2,000 units.

đ) A fine from VND 2,000,000 to VND 5,000,000 if the counterfeit labels, trademarks, and packaging have a quantity from over 2,000 units to 3,000 units.

e) A fine from VND 5,000,000 to VND 10,000,000 if the counterfeit labels, trademarks, and packaging have a quantity from over 3,000 units to 5,000 units.

g) A fine from VND 10,000,000 to VND 20,000,000 if the counterfeit labels, trademarks, and packaging have a quantity from over 5,000 units to 10,000 units.

h) A fine from VND 20,000,000 to VND 30,000,000 if the counterfeit labels, trademarks, and packaging have a quantity over 10,000 units.

2. The monetary fine shall be doubled compared to the amount specified in Clause 1 of this Article in any of the following cases:

a) Counterfeit labels, trademarks, and packaging of food products, medicines for human disease prevention and treatment, cosmetics, veterinary drugs, fertilizers, cement, steel, animal feed, plant protection chemicals, crop seeds, livestock breeds.

b) The violation is committed by an individual or organization producing or importing counterfeit labels, trademarks, and packaging.

3. Additional forms of punishment and measures to remedy consequences:

a) Order the destruction of counterfeit labels, trademarks, and packaging in violation of this Article. In cases where the destruction measure cannot be applied or the violator does not carry out the destruction, confiscate for destruction according to regulations.

b) Confiscate objects and means used to produce counterfeit labels, trademarks, and packaging in cases of violation as stipulated in Point b Clause 2 of this Article.

Article 26. Sanctions for the business of goods past their expiration date

1. Warning or a fine from VND 200,000 to VND 500,000 for any of the following acts with the value of goods up to VND 1,000,000:

a) Engaging in the business of goods that have exceeded the expiration date indicated on the label or packaging of the goods.

b) Altering, replacing labels or packaging of goods, or erasing, modifying the expiration date on the label or packaging of goods that have expired or are about to expire in order to extend the expiration date of the goods.

2. A fine from VND 500,000 to VND 1,000,000 for any of the acts stipulated in Clause 1 of this Article with the value of goods from over VND 1,000,000 to VND 3,000,000.

3. A fine from VND 1,000,000 to VND 2,000,000 for any of the acts stipulated in Clause 1 of this Article with the value of goods from over VND 3,000,000 to VND 5,000,000.

4. A fine from VND 2,000,000 to VND 5,000,000 for any of the acts stipulated in Clause 1 of this Article with the value of goods from over VND 5,000,000 to VND 10,000,000.

5. A fine from VND 5,000,000 to VND 10,000,000 for any of the acts stipulated in Clause 1 of this Article with the value of goods from over VND 10,000,000 to VND 20,000,000.

6. A fine from VND 10,000,000 to VND 20,000,000 for any of the acts stipulated in Clause 1 of this Article with the value of goods from over VND 20,000,000 to VND 30,000,000.

7. A fine from VND 20,000,000 to VND 30,000,000 for any of the acts stipulated in Clause 1 of this Article with the value of goods over VND 30,000,000.

8. Imposing a fine twice the amount specified in Clauses 1 to 7 of this Article in the following cases:

a) The violation is committed by an individual or organization producing, processing, manufacturing, fabricating, recycling, assembling, packaging, or importing goods.

b) The goods in violation are food products, medicines for human disease prevention and treatment, cosmetics, veterinary drugs, fertilizers, cement, steel, animal feed, plant protection chemicals, crop seeds, livestock breeds.

9. Additional forms of punishment and measures to remedy consequences:

a) Order the cessation of circulation and recall of goods with incorrect labeling or packaging regarding the expiration date of goods currently circulating in the market in violation of this Article.

b) Order the destruction of goods in violation of this Article. In cases where the destruction measure cannot be applied or the violator does not carry out the destruction, confiscate for destruction according to regulations.

Article 27. Violations concerning transactions with customers and consumers

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

a) Uttering, acting, or displaying an attitude that insults customers or consumers when selling goods or providing services;

b) Failing to compensate, refund money, or replace goods or services for customers or consumers due to mistakes;

c) Swapping or fraudulently substituting goods or services worth less than 500,000 dong when delivering goods or providing services to customers or consumers;

d) Failing to compensate, refund money, or replace goods or services for customers or consumers due to swapping or fraudulent substitution of goods or services worth less than 500,000 dong;

2. Fine from VND 500,000 to VND 1,000,000 for one of the following acts:

a) Uttering or acting to provide false or incomplete information to customers or consumers about goods or services being sold;

b) Failing to provide full information to customers or consumers regarding defects or potential dangers associated with goods when they are sold;

c) Forcing customers to buy goods or services through uttering, acting, or displaying an attitude that compels them;

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

a) Arbitrarily removing packaging, accessories, spare parts, promotional items, technical documentation, and user manuals accompanying the sale of goods or provision of services;

b) Failing to perform warranty services on products or services according to regulations requiring such warranties or self-declared warranties within the announced period;

c) Creating difficulties or obstacles for customers or consumers in obtaining warranty services for goods or services;

4. Imposing a fine twice the amount specified in Clause 3 of this Article in cases where the value of traded goods ranges from over 5,000,000 dong to 20,000,000 dong;

5. Imposing a fine three times the amount specified in Clause 3 of this Article in cases where the value of traded goods ranges from over 20,000,000 dong to 50,000,000 dong;

6. Imposing a fine four times the amount specified in Clause 3 of this Article in cases where the value of traded goods exceeds 50,000,000 dong;

7. Measures to remedy consequences:

a) Compelling the offender to apologize to customers for violations stipulated in Point a of Clause 1 and Point c of Clause 2 of this Article;

b) Compelling the offender to compensate, refund money, or replace goods or services for customers or consumers for violations stipulated in Points b, c, and d of Clause 1 of this Article;

c) Compelling the offender to return packaging, accessories, spare parts, promotional items, technical documentation, and user manuals accompanying the sale of goods or provision of services for violations stipulated in Point a of Clause 3, similarly in Clauses 4, 5, and 6 of this Article;

d) Compelling the offender to perform warranty services on products or services for violations stipulated in Points b and c of Clause 3 of this Article;

Article 28. Penalties for other administrative violations in commercial activities

For other administrative violations in commercial activities related to measurement of goods, quality of goods and services; food safety and hygiene; invoices and purchase-sale documents; pricing and price labeling; unfair competition; intellectual property rights infringement, penalties shall be applied according to relevant regulations on administrative violations in the respective fields of state management;

Section 4

VIOLATIONS OF PROVISIONS ON COMMERCIAL PROMOTION ACTIVITIES

Article 29. Violations concerning promotions

1. Warning or imposing a fine from 100,000 dong to 300,000 dong for any of the following acts:

a) Requiring customers to fulfill any payment obligation when implementing promotions in the form of sample goods or service provision for trial use;

b) Hiring or accepting the performance of promotional services without a written contract or equivalent legal form;

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Failing to publicly announce required information or failing to implement public announcement methods for promotions as prescribed when organizing promotions;

b) Failing to accurately and promptly confirm customer participation in regular customer programs;

3. Imposing a fine from 3,000,000 dong to 5,000,000 dong on individuals engaged in independent, regular commercial activities not required to register business according to regulations if they commit any of the following acts:

a) Organizing sales or service provision with attached lottery tickets for customers to select prize winners;

b) Organizing sales or service provision with attached participation in promotional programs involving chance;

c) Organizing regular customer programs;

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Organizing promotional programs using discount forms for a single brand of goods or services with a total implementation time exceeding 90 days in a year or a single promotional program exceeding 45 days;

b) Organizing promotional programs using sales or service provision with attached participation in promotional programs involving chance for a single brand of goods or services with a total time exceeding 180 days in a year or a single promotional program exceeding 90 days;

c) Organizing promotional programs where the material value used for promotion for a unit of goods exceeds 50% of the pre-promotion price of the promoted goods or services, except in cases allowed by law;

d) Organizing promotional programs where the total value of goods or services used for promotion by traders in a promotional program exceeds 50% of the total value of the promoted goods or services, except in cases of promoting by providing sample goods or service provision for trial use without payment;

đ) Organizing promotional programs where the maximum discount rate for promoted goods or services exceeds 50% of their pre-promotion price;

e) Using lottery tickets similar in form to state-issued lotto tickets or using state lottery results to determine winners;

g) Organizing promotional forms that require registration but failing to register with competent state management authorities within the prescribed period, or registering with incomplete or inaccurate content as prescribed, or failing to obtain written confirmation from competent state management authorities.

h) Organizing promotions without providing a written notice about the promotion program or failing to submit a report on the prize draw results to the competent state management agency within the prescribed time limit;

i) Failing to ensure favorable conditions for prize winners to receive their awards or failing to promptly and clearly address complaints related to the promotion program;

5. Impose a fine of from VND 10,000,000 to VND 15,000,000 for one of the following acts:

a) Failing to fully record all mandatory contents as stipulated on purchase receipts, service usage vouchers; contest entry forms; lottery tickets; customer cards; purchase records of goods and services used in promotional programs;

b) Failing to publicly organize the drawing of prizes for promotional programs involving chance or not following the announced rules or without the presence of customers;

c) Organizing contests and drawing prizes without transparency, without the presence of customer representatives, and not notifying the competent state management agency at the location where the contest and drawing take place when implementing sales and service provision programs accompanied by contest entry forms for customers to choose award recipients;

d) Failing to organize contests and award prizes according to the rules or organizing contests and awarding prizes differently from what was announced when implementing promotional programs through sales and service provision accompanied by contest entry forms for customers to choose award recipients;

đ) Failing to notify the competent state management agency about the time and location for incorporating winning evidence into goods in cases where winning is determined based on winning evidence attached to goods;

e) Failing to publicly announce the prize draw results on at least one mass media outlet in the province or centrally-administered city where the promotion program is organized or at sales points included in the promotion program when promoting through sales and service provision accompanied by participation in chance-based programs;

6. A fine of VND 15,000,000 to VND 20,000,000 for any of the following acts:

a) Drawing prizes before canceling unused lottery tickets that have not been issued;

b) Promoting through price reductions on goods or services with reduced prices lower than the minimum price set by the state in cases where the selling price of goods or service provision price falls under the scope of state price range regulations or minimum price regulations;

c) Promoting through price reductions on goods or services in cases where the selling price of goods or service provision price is specifically regulated by the state;

7. Imposing a fine of VND 20,000,000 to VND 25,000,000 for any of the following violations:

a) Failing to implement, implementing incompletely, or delaying the implementation of publicly announced, notified, or registered commitments for promotions with the competent state management agency;

b) Failing to remit state budget funds or failing to submit a written report to the competent state management agency within the prescribed time limit regarding the handling of unclaimed prize values after the expiration of the award period when implementing promotional programs through sales and service provision accompanied by participation in chance-based programs;

c) Terminating the implementation of the promotion program before the announced deadline or confirmed by the competent state management agency unless permitted by law and all required conditions are fully met;

8. Imposing a fine of VND 25,000,000 to VND 30,000,000 for any of the following violations:

a) The content of the contest program or using contest entry forms to select award recipients according to the rules and announced prizes contains content or form contrary to Vietnamese historical traditions, culture, ethics, and social customs;

b) Promoting goods or services prohibited from trade, restricted from trade, goods not yet permitted to circulate, services not yet permitted to provide, and low-quality goods;

c) Using goods or services for promotion that are prohibited from trade, restricted from trade, goods not yet permitted to circulate, services not yet permitted to provide, and low-quality goods;

d) Promoting or using cigarettes, alcohol with an alcohol content of 30 degrees or higher for promotion in any form;

đ) Promoting or using alcohol, beer to promote to individuals under 18 years old;

e) Using medicines for people (including medicines already permitted to circulate) for promotion;

g) Organizing promotions at state management agency headquarters, schools, hospitals, political organizations, political-social organizations, and People's Armed Forces units;

h) Implementing promotional forms outside those specified by law without the approval of the competent state management agency;

9. Imposing a fine twice the amount specified in Clauses 1 to 8 of this Article if the violation is carried out in two provinces or centrally-administered cities or more;

10. For violations concerning unfair competition promotions, the provisions of competition laws shall be applied for punishment;

11. Additional forms of punishment and measures to remedy consequences:

a) Compelling the destruction of goods prohibited from trade, goods not yet permitted to circulate, and low-quality goods for violations stipulated in Point c Clause 8 of this Article. In cases where compulsory destruction cannot be implemented or the violator does not carry out the destruction, confiscation for destruction shall be carried out in accordance with regulations;

b) Compelling the cancellation of the results of the drawing and reorganizing the drawing for violations stipulated in Point e Clause 4, Point b, Point c, Point d Clause 5, and Point a Clause 6 of this Article;

c) Compelling the recall and destruction of the content of the contest program or contest entry forms containing content or form contrary to Vietnamese historical traditions, culture, ethics, and social customs for violations stipulated in Point a Clause 8 of this Article;

d) Compelling the public announcement of the prize draw results in accordance with regulations for violations stipulated in Point e Clause 5 of this Article;

đ) Confiscating goods and objects used to carry out the promotional act for violations stipulated in Points d, đ, and e Clause 8 of this Article.

Article 30. Violations concerning trade fairs and exhibitions

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

a) Falsely declaring or inaccurately stating contents in the registration dossier for organizing trade fairs and exhibitions.

b) Not posting the theme and time of the trade fair or exhibition at the location where the trade fair or exhibition is held before its opening date.

c) Not submitting a written report to the competent state management agency within the prescribed time limit on the results of organizing domestic or foreign trade fairs and exhibitions after their conclusion.

d) Changing or supplementing registered contents when organizing trade fairs and exhibitions in Vietnam without notifying the competent state management agency in writing within the prescribed time or without confirmation from the competent state management agency regarding such changes or supplements.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Changing or supplementing registered contents when organizing trade fairs and exhibitions abroad without notifying the competent state management agency in writing within the prescribed time or without confirmation from the competent state management agency regarding such changes or supplements;

b) Displaying counterfeit goods or goods infringing intellectual property rights for comparison with genuine goods without the approval of the competent state management agency as prescribed.

c) Displaying counterfeit goods or goods infringing intellectual property rights for comparison with genuine goods without confirmation from the competent state management agency that they are counterfeit or infringing goods.

d) Displaying counterfeit goods or goods infringing intellectual property rights without clearly posting that they are counterfeit or infringing goods.

đ) Displaying at trade fairs and exhibitions types of goods or services prohibited from trading, restricted from trading, goods not or not yet permitted to circulate, services not yet permitted to supply in Vietnam, or goods not meeting quality standards, food safety, and expiration dates.

e) Displaying at trade fairs and exhibitions goods listed as prohibited for import.

g) Displaying at trade fairs and exhibitions goods (including temporarily imported goods for display and introduction at trade fairs and exhibitions) without product labels or with product labels not complying with legal regulations on product labeling.

h) Failing to re-export temporarily imported goods to participate in trade fairs and exhibitions in Vietnam within the prescribed time limit after the conclusion of the trade fairs and exhibitions.

||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:

a) Organizing trade fairs and exhibitions without registering with the competent state management agency as prescribed or without written confirmation from the competent state management agency regarding the registration to organize trade fairs and exhibitions.

b) Organizing for traders, individuals, or organizations to participate in overseas trade fairs and exhibitions without registering with the competent state management agency or without written confirmation of registration from the competent state management agency.

c) Using the name or theme of trade fairs and exhibitions containing promotional terms about the quality, titles of goods or services, or the reputation, titles of traders, organizations, or individuals participating in trade fairs and exhibitions without evidence proving the quality, titles of goods or services, or the reputation, titles of traders, organizations, or individuals.

d) Awarding quality certificates or titles of goods or services, or reputation, titles of traders, organizations, or individuals participating in trade fairs and exhibitions contrary to legal provisions.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Foreign traders directly organizing trade fairs and exhibitions in Vietnam.

b) Selling or giving away temporarily imported goods for display at trade fairs and exhibitions without written approval from the competent state management agency.

c) Selling or giving away temporarily exported goods to participate in overseas trade fairs and exhibitions that require export permits from the competent state management agency or are prohibited from export without written approval from the competent state management agency.

d) Illegally consuming temporarily imported goods participating in trade fairs and exhibitions in the Vietnamese market.

5. The fine shall be doubled the amount specified for violations under point a and point b Clause 3 of this Article if the violation is committed by a business organization providing trade fair and exhibition services.

6. Violations concerning circulation and trading of goods and services at trade fairs and exhibitions organized in Vietnam shall be punished according to relevant provisions in this Decree.

7. Additional forms of punishment and remedial measures:

a) Seize goods prohibited from trading, goods not or not yet permitted to circulate in Vietnam, and goods prohibited from import for violations under point đ and point e Clause 2 of this Article.

b) Order the destruction of counterfeit goods, goods not meeting quality standards, food safety, and expiration dates for violations under point b, point c, point d, and point đ Clause 2 of this Article. In cases where the destruction measure cannot be applied or the violator does not carry out the destruction, seize the goods for destruction as prescribed.

c) Order the re-export of goods for violations under point h Clause 2 of this Article within the time limit set by the authorized authority for punishment. If goods have been ordered to be re-exported but are not re-exported within the said period, seize the goods.

d) Seize the contraband or the proceeds from selling goods obtained through administrative violations for violations under point b, point c, and point d Clause 4 of this Article.

Article 31. Violations concerning the display and promotion of goods and services

1. Imposing a fine from VND 1,000,000 to VND 5,000,000 for any of the following acts:

a) Displaying or promoting goods without a product label or with a product label that does not comply with regulations;

b) Displaying or promoting sample goods that do not match the goods being sold in terms of design, packaging, quality, utility, style, type, price, warranty period;

c) Displaying or promoting goods or services of another trader for comparison with their own goods, except in cases where the goods being compared are counterfeit goods or goods infringing intellectual property rights as provided for.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Displaying or promoting types of goods or services listed in the prohibited goods and services directory, goods that have not been or have not yet been permitted to circulate, services that have not been permitted to be supplied in Vietnam, goods that do not meet published quality standards, goods that are not safe and hygienic, expired goods;

b) Displaying or promoting types of goods listed in the prohibited import directory;

c) Failing to re-export temporarily imported goods for display and promotion after the end of the display and promotion period within the prescribed time limit.

3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for one of the following violations:

a) Displaying or promoting goods or services or using forms and means of displaying or promoting goods or services that harm national security, public order, safety, landscape, environment, human health;

b) Displaying or promoting goods or services or using forms and means of displaying or promoting goods or services contrary to historical traditions, culture, ethics, customs and practices of Vietnam;

c) Displaying or promoting goods or services that reveal state secrets;

d) Illegally consuming temporarily imported goods for display and promotion.

4. Additional forms of punishment and measures to remedy consequences:

a) Confiscation of prohibited goods, goods not or not yet permitted to circulate in Vietnam, goods prohibited from importation, in case of violation of provisions stipulated in point a and point b Clause 2 of this Article, unless it falls under the circumstances requiring application of measures provided for in point d Clause 4 of this Article;

b) Confiscation of evidence and means of violation in case of violation of provisions stipulated in point a, point b and point c Clause 3 of this Article;

c) Confiscation of evidence or the proceeds from the sale of goods obtained through the commission of administrative violations in case of violation of provisions stipulated in point d Clause 3 of this Article;

d) Compelling re-export of goods in case of violation stipulated in point c Clause 2 of this Article within the time limit specified by the competent authority imposing the penalty. In case the goods have already been compelled to be re-exported but are not re-exported within the said time limit, they shall be confiscated;

đ) Compelling destruction of goods that do not meet quality standards, food safety and hygiene requirements, or have exceeded their expiration date, in case of violation of provisions stipulated in point a and point b Clause 2 of this Article. In case it is not possible to apply the measure of compelling destruction or if the individual or organization committing the violation fails to carry out the destruction, the goods shall be confiscated for destruction in accordance with the regulations;

Article 32. Penalties for Administrative Violations Concerning Commercial Advertising

For acts of administrative violations concerning commercial advertising, the relevant regulations on penalties for administrative violations in the respective areas of state management shall be applied.

Section 5

VIOLATIONS OF PROVISIONS ON EXPORT, IMPORT OF GOODS AND SERVICES RELATED TO EXPORT, IMPORT OF GOODS

Article 33. Violation of Provisions on Prohibited Exported Goods, Prohibited Imported Goods, or Temporarily Suspended Exported Goods, Temporarily Suspended Imported Goods

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of exporting or importing goods that are temporarily suspended from export or import without written permission from the competent state management agency.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of exporting or importing goods listed in the prohibited export or prohibited import list without written permission from the competent state management agency.

3. Additional forms of punishment and measures to remedy consequences:

a) Order the destruction of goods harmful to human health, causing environmental pollution, or spreading diseases in violation of this Article. In cases where the measure of ordering destruction cannot be applied or the violator does not carry out the destruction, confiscate for destruction according to regulations.

b) Confiscate goods in violation of this Article if it does not fall under the circumstances requiring the application of measures prescribed in point a, Clause 3 of this Article.

Article 34. Violation of Provisions on Quotas, Export Permits, Import Permits for Goods

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of arbitrarily erasing, modifying, supplementing, or changing the content of quotas, export permits, or import permits for goods.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of forging or improperly using quotas, export permits, or import permits for goods.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of exporting or importing goods without quotas, export permits, or import permits for goods as prescribed.

4. Additional forms of punishment and measures to remedy consequences:

a) Order the removal from the territory of Vietnam at the port of entry or suspend export for violations stipulated in Clause 3 of this Article.

b) Order the destruction of goods harmful to people, causing environmental pollution, or spreading diseases for violations stipulated in Clause 3 of this Article. In cases where the measure of ordering destruction cannot be applied or the violator does not carry out the destruction, confiscate for destruction according to regulations.

Article 35. Violation of Provisions on Entrusted Export, Entrusted Import of Goods

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Entrusting or accepting entrustment to export or import goods listed in the prohibited export, temporarily suspended export, prohibited import, or temporarily suspended import lists;

b) Entrusting or accepting entrustment to export or import goods listed in the conditional export, conditional import lists but neither the entrusting party nor the entrusted party has quotas or export/import permits from the competent state management agency.

2. Measures to remedy consequences:

Order the removal from the territory of Vietnam at the port of entry or suspend export for violations stipulated in Clause 1 of this Article.

Article 36. Violation of Provisions on Temporary Import-Reexport, Temporary Export-Reimport of Goods

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

a) Temporary import-reexport, temporary export-reimport of goods required to have permits from the competent state management agency without such permits as prescribed;

b) Failure to reexport goods beyond the time limit for reexport;

c) Temporary import-reexport of goods at ports other than those specified.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of trading in temporarily suspended goods through temporary import-reexport.

3. Additional forms of punishment and measures to remedy consequences:

a) Order the reexport of goods or suspend temporary import-reexport for violations stipulated in point a, Clause 1 and Clause 2 of this Article.

b) Order the reexport of goods within the time limit set by the authorized authority for violations stipulated in point b, Clause 1 of this Article. If goods are ordered to be reexported but are not reexported within the said time limit, confiscate the goods.

c) Order the temporary import-reexport of goods at the designated port or suspend temporary import-reexport of goods for violations stipulated in point c, Clause 1 of this Article.

Article 37. Violation of regulations on transshipment of goods

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

a) Transshipping goods not in accordance with the type or exceeding the quantity specified in the permit issued by the competent state management agency;

b) Transshipping goods through a border gate not in accordance with the provisions.

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

a) Transshipping goods according to regulations must have a permit from the competent state management agency but does not have a permit;

b) Engaging in transshipment business of goods that are temporarily suspended from being traded under the transshipment method.

3. Measures to remedy consequences:

a) Compel the removal of goods from Vietnam's territory at the port of entry or suspend the transshipment of goods for violations stipulated in point a, Clause 2, Article 37 herein;

b) Compel the transshipment of goods through the designated border gate or suspend the transshipment of goods for violations stipulated in point b, Clause 1, Article 37 herein;

c) Confiscate goods transshipped not in accordance with the type, exceeding the permitted quantity, or goods temporarily suspended from being traded under the transshipment method as stipulated in point a, Clause 1 and point b, Clause 2, Article 37 herein.

Article 38. Violation of regulations on transit of goods

1. Fine from VND 1,000,000 to VND 5,000,000 for the act of transiting goods not along the permitted route or through the permitted border gate, except for cases stipulated in point a, Clause 2, Article 38 herein.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Transiting goods that require a permit but not along the permitted route or through the permitted border gate;

b) Goods transiting remaining on Vietnam's territory beyond the permitted period.

3. Fine from VND 10,000,000 to VND 20,000,000 for the act of transiting goods that require a permit from the competent state management agency but without a permit.

4. Fine from VND 20,000,000 to VND 30,000,000 for the act of illegally consuming goods or means of transport in transit on Vietnam's territory.

5. Additional forms of punishment and measures to mitigate consequences:

a) Compel the transiting of goods along the permitted route or through the permitted border gate for violations stipulated in Clause 1 and point a, Clause 2, Article 38 herein;

b) Compel the removal of goods from Vietnam's territory at the port of entry for violations stipulated in Clause 3, Article 38 herein;

c) Compel the transiting of goods for violations stipulated in point b, Clause 2, Article 38 herein within the time limit prescribed by the authorized authority. In case the goods have been compelled to be transited but not executed within the said time limit, confiscate the goods;

d) Confiscate goods, means of transport in transit or the amount of money obtained from the implementation of administrative violation acts for violations stipulated in Clause 4, Article 38 herein.

Article 39. Violation of regulations on duty-free shops

1. Fine from VND 1,000,000 to VND 3,000,000 for the act of selling duty-free goods exceeding the prescribed quantity.

2. Fine from VND 3,000,000 to VND 5,000,000 for the act of selling duty-free goods to the wrong target group.

3. Fine from VND 5,000,000 to VND 10,000,000 for the act of trading duty-free goods not in accordance with the registered list in the Certificate of Eligibility for Trading Duty-Free Goods issued.

4. For the act of trading goods at duty-free shops without affixing the "Vietnam Duty Not Paid" label as prescribed or selling duty-free cigars, cigarettes produced outside Vietnam, and other goods subject to export or import conditions without the required export or import permits, the following penalties apply:

a) Warning or fine from VND 100,000 to VND 500,000 if the value of the goods is up to VND 2,000,000;

b) Fine from VND 500,000 to VND 1,000,000 if the value of the goods is over VND 2,000,000 to VND 5,000,000;

c) Fine from VND 1,000,000 to VND 5,000,000 if the value of the goods is over VND 5,000,000 to VND 10,000,000;

d) Fine from VND 5,000,000 to VND 10,000,000 if the value of the goods is over VND 10,000,000 to VND 20,000,000;

đ) Fine from VND 10,000,000 to VND 15,000,000 if the value of the goods is over VND 20,000,000 to VND 30,000,000;

e) Fine from VND 15,000,000 to VND 20,000,000 if the value of the goods is over VND 30,000,000 to VND 50,000,000;

g) Fine from VND 20,000,000 to VND 30,000,000 if the value of the goods exceeds VND 50,000,000.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on any of the following acts:

a) Trading at duty-free shops goods prohibited from export or import or temporarily suspended from export or import;

b) Trading at duty-free shops goods without legitimate import origin;

c) Illegally consuming goods permitted for import for sale at duty-free shops in the domestic market.

6. Supplementary forms of administrative penalty and measures to remedy consequences:

a) Confiscate goods for violations stipulated in Clause 4 and point a, point b, Clause 5, Article 39 herein;

b) Confiscate goods or the amount of money obtained from the implementation of administrative violation acts for violations stipulated in Clause 1, Clause 2 and point c, Clause 5, Article 39 herein.

7. In addition to applying the above forms of punishment, the authorized authority must recommend the competent state management agency to revoke the Certificate of Eligibility for Trading Duty-Free Goods for violations stipulated in this Article in cases of repeated offenses or recidivism.

Article 40. Violations concerning the origin of exported and imported goods

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

a) Providing false documents and certificates to competent authorities when applying for a Certificate of Origin for goods;

b) Arbitrarily erasing, altering the content of a granted Certificate of Origin.

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

a) Producing or using counterfeit Certificates of Origin;

b) Bringing goods with falsified origin into the territory of Vietnam;

c) Exporting goods with falsified origin.

3. Additional forms of punishment and measures to remedy consequences:

a) Order the cessation of export for violations stipulated in point c, Clause 2 of this Article;

b) Order the destruction of goods harmful to people, causing environmental pollution, or spreading diseases for violations stipulated in point b, Clause 2 of this Article. In cases where the destruction measure cannot be applied or if the violator does not carry out the destruction, confiscate and destroy according to regulations;

c) Confiscate goods for violations stipulated in point b, Clause 2 of this Article, unless they fall under the measures prescribed in point b, Clause 3 of this Article.

Article 41. Penalties for other administrative violations related to export and import of goods and services associated with export and import of goods

For other administrative violations related to export and import of goods, border trade between residents, and related services not specified in this Decree, apply the relevant administrative violation penalty provisions in the respective regulatory fields.

Chapter 6

VIOLATIONS OF PROVISIONS ON MIDDLEMEN ACTIVITIES IN COMMERCE

Article 42. Violations concerning representation on behalf of traders

1. Warning or imposing a fine from VND 300,000 to VND 500,000 for the act of hiring or acting as a representative for another trader without a valid representation contract.

2. Imposing a fine from VND 500,000 to VND 1,000,000 for the act of hiring or acting as a representative for another trader who is not a trader as defined.

Article 43. Violations concerning commercial brokerage

1. Imposing a fine from VND 300,000 to VND 500,000 on individuals engaging in commercial brokerage without being a trader as defined.

2. Imposing a fine from VND 1,000,000 to VND 5,000,000 on organizations engaging in commercial brokerage without being a trader as defined.

Article 44. Violations concerning consignment purchase and sale of goods

1. Warning or imposing a fine from VND 300,000 to VND 500,000 for the act of consigning or accepting consignment purchase and sale of goods without a valid consignment contract.

2. Imposing a fine from VND 1,000,000 to VND 3,000,000 for the act of accepting consignment purchase and sale of goods that do not match the business scope and goods listed in the Business Registration Certificate.

Article 45. Violations concerning agency purchase and sale of goods and services

1. Warning or imposing a fine from VND 300,000 to VND 500,000 for any of the following acts:

a) Individuals engaging in agency or acting as an agent without being a trader as defined;

b) Traders engaging in agency or acting as an agent without a valid agency contract for the purchase and sale of goods and services.

2. Imposing a fine from VND 1,000,000 to VND 3,000,000 for the act of engaging in agency or acting as an agent for goods and services that do not match the business scope, goods, and services listed in the Business Registration Certificate or Business License.

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

a) Organizations engaging in agency or acting as an agent without being a trader as defined;

b) The party granting agency or the party acting as an agent for the purchase and sale of goods and services failing to meet the conditions required for agency or acting as an agent for the purchase and sale of goods and services;

c) Failing to record or recording incorrectly the name and emblem of the agency-granting party on the signboard at the sales location or service agency premises as required.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Engaging in the sale of goods and services that must be conducted through agency but not doing so or doing so improperly;

b) Agency purchase and sale of goods and services not matching those specified in the agency contract;

c) Misrepresenting oneself as an agent for the purchase and sale of goods and services to engage in business;

d) Failing to comply with the conditions required when hiring foreign traders as agents for sales abroad.

5. Imposing a fine twice the amount specified in Clauses 1 to 4 of this Article for cases involving agency of goods and services subject to restricted or conditional business operations.

6. Other violations concerning the operation of goods and services through agency shall be penalized according to the relevant provisions in this Decree.

Section 7

VIOLATIONS OF OTHER PROVISIONS ON COMMERCIAL ACTIVITIES

Article 46. Violations concerning the operation of auctioning goods

1. A warning or a fine from VND 300,000 to VND 500,000 shall be imposed for providing auction service without a contract as prescribed.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Providing auction service without being a trader as prescribed;

b) Not publicly posting all necessary information related to the auctioned goods as required;

c) Not displaying the goods, samples, or materials introducing the goods for potential bidders to examine.

3. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed for allowing persons who are not permitted to participate in the auction to do so.

4. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for organizing auctions not in accordance with the prescribed procedures and formalities.

5. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed on buyers of auctioned goods who collude or agree with each other to suppress prices.

6. For violations involving the organization of auctions of goods that are prohibited from sale, goods subject to urgent measures prohibiting circulation, compulsory recovery, or temporary suspension of circulation, counterfeit goods, or goods past their expiration date, penalties shall be imposed according to relevant provisions of this Decree.

7. Measures to remedy consequences:

The results of the auction must be nullified for violations stipulated in Clause 3, Clause 4, and Clause 5 of this Article.

Article 47. Violations concerning the operation of tendering goods and services

1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed for announcing tenders without including all required contents as prescribed.

2. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed for not preparing minutes when opening tenders or for preparing minutes that do not comply with the prescribed requirements.

3. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for modifying tender documents after the opening of tenders.

4. For violations concerning tendering goods and services related to public procurement and using state funds, administrative sanctions shall be applied according to relevant regulations governing state management.

5. Measures to remedy consequences:

The results of the tender must be nullified for violations stipulated in Clause 3 of this Article.

Article 48. Violations concerning the operation of leasing goods

For violations concerning the operation of leasing goods or leasing goods that are prohibited from sale, goods subject to urgent measures prohibiting circulation, compulsory recovery, or temporary suspension of circulation, smuggled goods, counterfeit goods, or goods past their expiration date, penalties shall be imposed according to relevant provisions of this Decree.

Article 49. Violations concerning the operation of commercial inspection services

1. A warning or a fine from VND 300,000 to VND 500,000 shall be imposed for delegating inspection or re-delegating inspection without a contract as prescribed.

2. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed for providing inspection services outside the scope registered in the Business Registration Certificate or equivalent documents as prescribed.

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

a) Operating inspection services without meeting the conditions as prescribed;

b) Designating an inspector to perform commercial inspection services without meeting the prescribed standards.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Using a business seal on Inspection Certificates without registering it with the competent state management agency as prescribed;

b) Changing or supplementing a business seal without re-registering it with the competent state management agency as prescribed;

c) Not returning a business seal to the competent state management agency when it has been deregistered;

d) Performing commercial inspection services where such inspections are related to the interests of the inspection company and the inspector.

5. Measures to remedy consequences:

The business seal must be returned to the competent state management agency for violations stipulated at point c of Clause 4 of this Article.

Article 50. Violations concerning the regulation on franchising business operations

1. A warning or a fine from VND 300,000 to VND 500,000 shall be imposed for the act of engaging in franchising without a contract as prescribed.

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

a) Falsely declaring or inaccurately stating the contents in the application dossier for registering franchising activities;

b) Not providing, not fully providing, or inaccurately providing information in franchising activities as prescribed;

c) Providing false or incomplete information on mandatory contents in the franchise introduction;

d) The language and main contents of the franchise contract not complying with regulations;

đ) Engaging in franchising before meeting the required conditions as prescribed;

e) Not reporting, not providing documents, or falsely or incompletely reporting issues related to franchising activities as requested by competent state management agencies;

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Not registering franchising activities as prescribed;

b) Not notifying competent state management agencies about changes in franchising activities as prescribed;

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following acts:

a) Engaging in franchising for goods or services prohibited from being traded, goods subject to emergency measures prohibiting circulation, compulsory recall, or temporary suspension of circulation;

b) Engaging in franchising for goods subject to emergency measures allowing conditional circulation or requiring permits but failing to meet the conditions or lacking the required permits as prescribed;

c) Continuing to engage in franchising after the expiration of the franchise contract term.

5. Additional forms of punishment:

Seize goods for violations stipulated in point a, Clause 4 of this Article.

Article 51. Violations concerning processing in trade

1. A warning or a fine from VND 300,000 to VND 500,000 shall be imposed for the act of placing orders for processing or accepting processing of goods in trade without a contract as prescribed.

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of placing orders for processing or accepting processing of goods prohibited from being traded, goods subject to emergency measures prohibiting circulation, compulsory recall, or temporary suspension of circulation.

||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:

a) Placing orders for processing or accepting processing of goods with foreign traders for goods subject to export or import permits without the approval of competent state management agencies as prescribed;

b) Accepting processing of goods for foreign traders for goods listed in the catalogues of goods prohibited from export or import, temporarily suspended from export or import without written approval of competent state management agencies as prescribed;

c) Placing orders for processing of goods abroad for consumption in Vietnam for goods prohibited from export or import, temporarily suspended from export or import, or goods subject to emergency measures prohibiting circulation, compulsory recall, or temporary suspension of circulation, counterfeit goods, or goods not ensuring food safety.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Consuming at the Vietnamese market machinery, equipment leased or borrowed; surplus raw materials, auxiliary materials, spare parts, scrap temporarily imported to carry out processing of goods for foreign traders not in accordance with regulations;

b) Falsifying processing contracts with foreign traders.

5. Additional forms of punishment:

a) Seize the evidence of violation for violations stipulated in Clause 2, Clause 3, and Clause 4 of this Article;

b) Seize the proceeds obtained from committing administrative violations for violations stipulated in point a, Clause 4 of this Article.

Article 52. Violations concerning electronic commerce provisions

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Copying, disclosing, or illegally transferring part or all of electronic documents created by other organizations or individuals;

b) Violating regulations on providing terms of contracts when conducting electronic commerce activities;

c) Violating regulations on using automatic information systems to conclude contracts in electronic commerce;

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Obstructing or limiting the ability of organizations or individuals to use electronic documents, conclude and perform contracts through electronic means;

b) Obstructing or limiting the ability of organizations or individuals to choose technology and electronic means to conduct commercial activities;

c) Illegally altering, deleting, or canceling part or all of electronic documents created by other organizations or individuals;

d) Illegally interfering with information systems used for electronic commerce activities of other organizations or individuals;

đ) Failing to comply with legal provisions regarding business conducted through electronic means;

||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:

a) Impersonating, appropriating part or all of electronic documents created by other organizations or individuals;

b) Creating, sending, transmitting, receiving, or processing electronic documents to commit fraudulent trade practices, unfair competition, deception, or infringe upon consumer interests;

c) Impersonating the information system address of other organizations or individuals to carry out commercial activities or activities related to commerce;

d) Destroying information systems used for electronic commerce activities of other organizations or individuals;

4. For other violations concerning the application of information technology in commercial activities, penalties shall be imposed according to the provisions on administrative sanctions in the relevant fields of state management;

Article 53. Violations concerning multi-level marketing activities

1. Warning or imposing a fine from VND 300,000 to VND 500,000 on participants in multi-level marketing who commit any of the following acts:

a) Not complying with the regulations on eligible participants in multi-level marketing;

b) Not presenting the multi-level marketing participation card before introducing products or promoting sales;

c) Not fully informing about the required contents as prescribed when sponsoring another person to join the multi-level marketing network;

2. Imposing a fine from VND 1,000,000 to VND 2,000,000 on participants in multi-level marketing who commit any of the following acts:

a) Not adhering to the rules of operation and sales programs of registered multi-level marketing enterprises;

b) Using an individual participating in the multi-level marketing network to introduce sales activities without clearly stating their name, address, time of joining, and profits earned each period or failing to present tax receipts confirming that taxes have been collected from them;

3. Imposing a fine from VND 2,000,000 to VND 5,000,000 on participants in multi-level marketing who commit any of the following acts:

a) Requiring sponsored persons to pay any fees under the guise of training courses, seminars, social activities, or similar activities when joining the multi-level marketing network;

b) Providing false information about the benefits of participating in multi-level marketing to entice others to join;

c) Providing misleading information about the nature or functions of products to entice others to join;

d) Providing misleading information about the operations of multi-level marketing enterprises to lure others to join;

4. Imposing a fine from VND 5,000,000 to VND 10,000,000 on multi-level marketing enterprises that commit any of the following acts:

a) Not establishing or publicly announcing the enterprise's operational rules and those of participants in multi-level marketing;

b) Not signing written contracts with participants or having contracts lacking essential elements as prescribed;

c) Not issuing multi-level marketing participation cards to participants or issuing cards not in accordance with prescribed formats;

d) Not providing full information and documents as prescribed to those intending to join the multi-level marketing network;

đ) Violating regulations on terminating participation contracts in multi-level marketing;

e) Not withholding income tax from participants before paying commissions, bonuses, or other economic benefits;

g) Not informing participants about products that the enterprise does not repurchase before they purchase such products;

h) Not reporting or reporting inaccurately, incompletely, or late to competent state management authorities as prescribed;

i) Not notifying or providing incomplete or incorrect lists of multi-level marketing participants before these individuals commence sales or develop networks outside the province or centrally-administered city where the enterprise is headquartered;

k) Not compensating consumers or participants in cases as prescribed;

l) Not regularly monitoring participants' activities to ensure compliance with the enterprise's operational rules and sales programs;

m) Not training or enhancing participants' skills in multi-level marketing and laws governing it;

n) Training participants not in accordance with the approved training program with competent state management authorities;

5. Imposing a fine from VND 10,000,000 to VND 20,000,000 on multi-level marketing enterprises that commit any of the following acts:

a) Withdrawing or using part or all of the deposit without legal grounds except in cases of ceasing or temporarily suspending multi-level marketing activities;

b) Unjustifiably refusing to pay commissions, bonuses, or other economic benefits that participants are entitled to;

c) Changing the content of the sales program without applying for supplementary registration certificates for organizing multi-level marketing.

d) Failing to notify the competent state management agency where the sales network is developed when expanding the sales network to provinces and centrally governed cities where the enterprise does not have its main office as prescribed;

đ) Failing to fulfill obligations stipulated when suspending or terminating operations;

e) Intentionally providing false information in the application for a Direct Sales Registration Certificate;

6. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on a direct selling enterprise that commits any of the following acts:

a) Organizing direct selling without a Direct Sales Registration Certificate issued by the competent state management agency;

b) Failing to comply with regulations on goods permitted to be traded through direct selling methods;

7. For unlawful direct selling activities, provisions of competition laws shall be applied to impose penalties;

8. Additional forms of punishment:

Seizure of goods for violations stipulated in point b, Clause 6 of this Article;

9. In addition to the above forms of punishment, the authority imposing penalties must recommend the competent state management agency to revoke the Direct Sales Registration Certificate for violations stipulated in Clause 4, Clause 5, and point b, Clause 6 of this Article in cases of repeated offenses or recidivism;

Article 54. Violations in the Management of Supermarket and Shopping Center Operations

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

a) Naming the business establishment as a supermarket, shopping center, or equivalent term in a foreign language without meeting the prescribed standards;

b) The operating rules of the supermarket or shopping center failing to fully reflect the required contents as prescribed or not being approved by the competent state management agency;

c) Failing to display the operating rules at the supermarket or shopping center;

d) Failing to submit periodic or ad hoc reports on the operation status of the supermarket or shopping center as required by the competent state management agency;

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Not having a sign indicating the supermarket or shopping center;

b) Incorrectly displaying the sign indicating the supermarket or shopping center in terms of content and form as prescribed;

c) Operating a supermarket or shopping center without being a business entity registered to engage in commercial activities as prescribed;

d) Goods sold in the supermarket or shopping center lacking the name of the goods or services and the name of the supermarket or shopping center;

đ) Goods sold in the supermarket or shopping center with warranty conditions but without clearly stating the warranty period and location;

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of trading in supermarkets or shopping centers goods containing radioactive substances or devices emitting ionizing radiation beyond permissible levels; explosive materials, flammable and explosive liquid or gas; veterinary drugs, plant protection chemicals, and hazardous chemical-containing goods listed in the restricted trade directory as prescribed;

4. For other violations related to trading goods and services in supermarkets or shopping centers, penalties shall be imposed according to relevant provisions in this Decree;

Article 55. Violations in the Management of Commodity Trading Exchanges

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on the act of employees of commodity trading exchanges engaging in brokerage transactions through commodity trading exchanges;

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on a commodity trading exchange committing any of the following acts:

a) Falsely or untimely declaring contents in the application for issuance, reissuance, amendment, or supplementation of the Commodity Trading Exchange Establishment License;

b) Refusing to approve membership status in the commodity trading exchange without a written response or without specifying the reasons for refusal;

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

a) Engaging in trading activities through commodity trading exchanges abroad not in accordance with the prescribed timeline, scope, and conditions;

b) Conducting trading activities through commodity trading exchanges without being a trading member of the commodity trading exchange;

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on members of commodity trading exchanges committing any of the following acts:

a) Failing to ensure separate accounting for each customer's trading activities and their own trading activities through commodity trading exchanges;

b) Failing to notify customers about the reasons for termination of membership status and the fulfillment of entrusted contract obligations;

c) Failing to retain entrustment trading contracts, trading orders, and customer requests to adjust or cancel trading orders;

d) Failing to retain complete records and accounts reflecting detailed and accurate transactions for both customers and themselves;

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

e) Failing to enter into written entrustment trading contracts with customers as prescribed or conducting transactions for customers before receiving trading orders from them;

g) Acting as a broker without a contract with the customer as prescribed;

h) Accepting entrustment trading orders from customers contrary to regulations;

5. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on members of commodity trading exchanges committing any of the following acts:

a) Attracting customers to sign contracts by promising full or partial compensation for losses incurred or guaranteeing a portion of profits for customers;

b) Using fictitious prices and other fraudulent means when brokering for customers;

c) Engaging in brokerage trading activities through commodity trading exchanges without being a brokerage member of the commodity trading exchange;

6. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations or individuals disseminating false information about transactions, markets, or commodity prices traded through commodity trading exchanges;

7. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on commodity trading exchanges committing any of the following acts:

a) Failing to announce specific trading hours as prescribed;

b) Failing to publish the Articles of Operation, the Business Registration Certificate for the Commodity Exchange that has been approved, issued, amended, or supplemented by the competent state management agency;

c) Failing to follow the procedures to request the reissue of the Business Registration Certificate for the Commodity Exchange in cases where the Business Registration Certificate for the Commodity Exchange is lost, torn, burned, or destroyed in another form;

d) Failing to follow the procedures to request amendments or supplements to the Business Registration Certificate for the Commodity Exchange when there are changes to the contents of the Business Registration Certificate for the Commodity Exchange;

đ) Failing to announce or announcing untimely the suspension of trading as prescribed;

e) Failing to announce, announcing incompletely, or inaccurately the list and information about members of the Commodity Exchange; information about transactions and trading orders for commodity purchases and sales through the Commodity Exchange, and other information as stipulated in the Articles of Operation of the Commodity Exchange;

g) Failing to implement or implementing inaccurately or incompletely the regulations on periodic reporting or ad hoc reporting at the request of the competent state management agency regarding information related to commodity purchases and sales through the Commodity Exchange and members of the Commodity Exchange at the time of reporting;

8. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on members of the Commodity Exchange who commit any of the following acts:

a) Failing to implement or implementing incorrectly the margin trading requirements as prescribed;

b) Failing to comply with the total transaction limit or transaction limit requirements as prescribed;

c) Inducing customers to enter into contracts by promising to compensate all or part of the resulting losses or guaranteeing a portion of profits for customers;

9. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on the Commodity Exchange that commits any of the following acts:

a) Using forged documents in the application dossier for establishment, amendment, supplementation, or reissue of the Business Registration Certificate for the Commodity Exchange;

b) Approving the membership status for traders who do not meet the prescribed conditions;

c) Failing to implement or implementing incorrectly the margin trading requirements as prescribed;

d) Failing to establish an internal control system, risk management, and monitoring and preventing conflicts of interest within the organization and in transactions as required.

đ) Cho phép thành viên đã bị chấm dứt tư cách thành viên tiếp tục thực hiện hoạt động mua bán hàng hoá qua Sở Giao dịch hàng hoá;

e) Tổ chức hoạt động giao dịch các loại hàng hoá không thuộc danh mục hàng hoá do cơ quan quản lý nhà nước có thẩm quyền công bố;

g) Không thực hiện đúng quy định về tổng hạn mức giao dịch hoặc hạn mức giao dịch;

h) Không thực hiện đúng các phương thức giao dịch hoặc nguyên tắc khớp lệnh giao dịch hoặc công bố thông tin giao dịch theo quy định.

Điều 56. Xử phạt đối với hành vi hoạt động thương mại trái phép của tổ chức, cá nhân nước ngoài (sau đây gọi tắt là người nước ngoài)

1. Phạt tiền từ 5.000.000 đồng đến 10.000.000 đồng đối với người nước ngoài có hành vi tiêu thụ trái phép trên lãnh thổ Việt Nam hàng hoá tiêu dùng nhập khẩu miễn thuế để sử dụng theo tiêu chuẩn quy định.

2. Phạt tiền từ 10.000.000 đồng đến 20.000.000 đồng đối với người nước ngoài có hành vi hoạt động thương mại trái phép trên lãnh thổ Việt Nam.

3. Phạt tiền từ 20.000.000 đồng đến 30.000.000 đồng đối với người nước ngoài có một trong các hành vi sau đây:

a) Tổ chức hoạt động thương mại trái phép trên lãnh thổ Việt Nam;

b) Tiêu thụ trái phép trên lãnh thổ Việt Nam phương tiện đi lại, phương tiện vận tải, máy móc thông tin, thiết bị văn phòng, thiết bị nội thất nhập khẩu miễn thuế để sử dụng theo tiêu chuẩn quy định;

c) Tiêu thụ trái phép trên lãnh thổ Việt Nam phương tiện đi lại, phương tiện vận tải tạm nhập cảnh vào Việt Nam.

4. Hình thức xử phạt bổ sung và biện pháp khắc phục hậu quả:

Tịch thu tang vật, phương tiện vi phạm hoặc tịch thu số tiền thu được do thực hiện vi phạm hành chính đối với vi phạm quy định tại Điều này.

Điều 57. Xử phạt đối với hành vi cản trở hoạt động công vụ của người có thẩm quyền xử phạt vi phạm hành chính

1. Phạt cảnh cáo hoặc phạt tiền từ 500.000 đồng đến 1.000.000 đồng đối với một trong các hành vi sau đây:

a) Không thực hiện việc kê khai, khai báo hoặc kê khai, khai báo không trung thực, không đúng thời hạn theo yêu cầu của người thi hành công vụ xử phạt vi phạm hành chính hoặc cơ quan quản lý nhà nước có thẩm quyền;

b) Không cung cấp hoặc cung cấp không đầy đủ chứng từ, tài liệu liên quan đến việc thanh tra, kiểm tra và xử phạt vi phạm của người thi hành công vụ xử phạt vi phạm hành chính hoặc cơ quan quản lý nhà nước có thẩm quyền.

2. Phạt tiền từ 1.000.000 đồng đến 3.000.000 đồng đối với một trong các hành vi sau đây:

a) Có hành động cản trở, gây khó khăn đối với hoạt động công vụ của người có thẩm quyền;

b) Có lời nói, hành động đe doạ, lăng mạ, xúc phạm danh dự đối với người đang thi hành công vụ.

3. Phạt tiền từ 3.000.000 đồng đến 5.000.000 đồng đối với một trong các hành vi sau đây:

a) Tự ý tháo gỡ niêm phong tang vật, phương tiện vi phạm đang bị niêm phong, tạm giữ hoặc tự ý làm thay đổi hiện trường vi phạm hành chính;

b) Tẩu tán, làm thay đổi, đánh tráo tang vật, phương tiện đang bị thanh tra, kiểm tra hoặc tạm giữ;

c) Tàng trữ, chứa chấp, tiêu thụ tang vật, phương tiện đang bị thanh tra, kiểm tra, tạm giữ bị tẩu tán.

4. Phạt tiền từ 5.000.000 đồng đến 10.000.000 đồng đối với một trong các hành vi sau đây:

a) Trì hoãn, trốn tránh không thi hành các quyết định hành chính về thanh tra, kiểm tra và xử lý vi phạm hành chính của người hoặc cơ quan có thẩm quyền;

b) Hành hung người đang thi hành công vụ.

5. Biện pháp khắc phục hậu quả:

Buộc thu hồi các tang vật, phương tiện bị tẩu tán đối với vi phạm quy định tại điểm b, điểm c khoản 3 Điều này.

Chương III

THẨM QUYỀN VÀ THỦ TỤC XỬ PHẠT VI PHẠM HÀNH CHÍNH

Điều 58. Thẩm quyền xử phạt vi phạm hành chính của Ủy ban nhân dân

1. Chủ tịch Ủy ban nhân dân cấp xã có quyền xử phạt đối với các vi phạm hành chính trong hoạt động thương mại quy định tại Nghị định này theo thẩm quyền quy định tại Điều 28 Pháp lệnh Xử lý vi phạm hành chính.

2. Chủ tịch Ủy ban nhân dân cấp huyện có quyền xử phạt đối với các vi phạm hành chính trong hoạt động thương mại quy định tại Nghị định này theo thẩm quyền quy định tại Điều 29 Pháp lệnh Xử lý vi phạm hành chính.

3. Chủ tịch Ủy ban nhân dân tỉnh có quyền xử phạt đối với các vi phạm hành chính trong hoạt động thương mại quy định tại Nghị định này theo thẩm quyền quy định tại Điều 30 Pháp lệnh Xử lý vi phạm hành chính.

Điều 59. Thẩm quyền xử phạt vi phạm hành chính của cơ quan quản lý thị trường

1. Những người có thẩm quyền của cơ quan quản lý thị trường quy định tại Điều 37 Pháp lệnh Xử lý vi phạm hành chính có quyền xử phạt đối với các vi phạm hành chính trong hoạt động thương mại quy định tại Nghị định này và các vi phạm hành chính khác trong hoạt động thương mại quy định tại các Điều 12, Điều 28, Điều 32 và Điều 41 Nghị định này.

2. Thẩm quyền xử phạt vi phạm hành chính theo khoản 1 Điều này của Kiểm soát viên thị trường các cấp đang thi hành công vụ:

a) Phạt cảnh cáo;

b) Phạt tiền đến 200.000 đồng.

3. Thẩm quyền xử phạt vi phạm hành chính theo khoản 1 Điều này của Đội trưởng Đội Quản lý thị trường:

a) Phạt cảnh cáo;

b) Phạt tiền đến 5.000.000 đồng;

c) Tịch thu tang vật, phương tiện sử dụng để vi phạm hành chính có giá trị đến 30.000.000 đồng;

d) Buộc tiêu huỷ vật phẩm gây hại cho sức khoẻ con người, vật nuôi, cây trồng, văn hoá phẩm độc hại;

đ) Buộc thực hiện các biện pháp khắc phục vi phạm và biện pháp khác đối với vi phạm hành chính quy định tại Nghị định này.

4. Thẩm quyền xử phạt vi phạm hành chính theo khoản 1 Điều này của Chi cục trưởng Chi cục Quản lý thị trường:

a) Phạt cảnh cáo;

b) Phạt tiền đến 20.000.000 đồng;

c) Tước quyền sử dụng giấy phép, chứng chỉ hành nghề thuộc thẩm quyền;

d) Tịch thu tang vật, phương tiện được sử dụng để vi phạm hành chính;

đ) Buộc tiêu huỷ vật phẩm gây hại cho sức khoẻ con người, vật nuôi, cây trồng, văn hoá phẩm độc hại;

e) Buộc thực hiện các biện pháp khắc phục vi phạm và các biện pháp khác đối với vi phạm hành chính quy định tại Nghị định này.

5. Thẩm quyền xử phạt vi phạm hành chính theo khoản 1 Điều này của Cục trưởng Cục Quản lý thị trường:

a) Phạt cảnh cáo;

b) Phạt tiền đến 70.000.000 đồng;

c) Tước quyền sử dụng giấy phép, chứng chỉ hành nghề thuộc thẩm quyền;

d) Tịch thu tang vật, phương tiện được sử dụng để vi phạm hành chính;

đ) Buộc tiêu huỷ vật phẩm gây hại cho sức khoẻ con người, vật nuôi, cây trồng, văn hoá phẩm độc hại;

e) Buộc thực hiện các biện pháp khắc phục vi phạm và các biện pháp khác đối với vi phạm hành chính quy định tại Nghị định này.

Điều 60. Thẩm quyền xử phạt vi phạm hành chính của các cơ quan Công an, Hải quan, Bộ đội Biên phòng, Cảnh sát biển và Thanh tra Nhà nước chuyên ngành

1. Trưởng Công an cấp huyện, Trưởng phòng Cảnh sát điều tra tội phạm kinh tế và chức vụ Công an cấp tỉnh, Giám đốc Công an cấp tỉnh và Cục trưởng Cục Cảnh sát điều tra tội phạm kinh tế và chức vụ có quyền xử phạt đối với các vi phạm hành chính trong hoạt động thương mại quy định tại Nghị định này thuộc địa bàn và lĩnh vực quản lý của ngành theo thẩm quyền quy định tại Điều 31 Pháp lệnh Xử lý vi phạm hành chính.

2. Người có thẩm quyền xử phạt vi phạm hành chính của các cơ quan Bộ đội Biên phòng, Cảnh sát biển và Hải quan có quyền xử phạt đối với các hành vi phạm hành chính trong hoạt động thương mại quy định tại Nghị định này có liên quan đến hoạt động xuất khẩu, nhập khẩu hàng hoá thuộc địa bàn và lĩnh vực quản lý của mình theo thẩm quyền quy định tại các Điều 32, Điều 33 và Điều 34 Pháp lệnh Xử lý vi phạm hành chính.

3. Người có thẩm quyền xử phạt vi phạm hành chính của các cơ quan Thanh tra nhà nước chuyên ngành có quyền xử phạt đối với các hành vi vi phạm hành chính trong hoạt động thương mại quy định tại Nghị định này thuộc địa bàn và lĩnh vực quản lý của ngành theo thẩm quyền quy định tại Điều 38 Pháp lệnh Xử lý vi phạm hành chính.

Điều 61. Nguyên tắc xác định thẩm quyền xử phạt vi phạm hành chính và uỷ quyền xử phạt vi phạm hành chính

1. Nguyên tắc xác định thẩm quyền xử phạt vi phạm hành chính thực hiện theo quy định tại Điều 42 Pháp lệnh Xử lý vi phạm hành chính và Điều 13 Nghị định số 134/2003/NĐ-CP ngày 14 tháng 11 năm 2003 của Chính phủ quy định chi tiết thi hành một số điều của Pháp lệnh Xử lý vi phạm hành chính.

2. Việc uỷ quyền xử phạt vi phạm hành chính thực hiện theo quy định tại Điều 41 Pháp lệnh Xử lý vi phạm hành chính và Điều 14 Nghị định số 134/2003/NĐ-CP ngày 14 tháng 11 năm 2003 của Chính phủ quy định chi tiết thi hành một số điều của Pháp lệnh Xử lý vi phạm hành chính.

Điều 62. Thủ tục xử phạt vi phạm hành chính và thi hành quyết định xử phạt

1. Thủ tục xử phạt vi phạm hành chính theo quy định của Pháp lệnh Xử lý vi phạm hành chính và Nghị định số 134/2003/NĐ-CP ngày 14 tháng 11 năm 2003 của Chính phủ quy định chi tiết thi hành một số điều của Pháp lệnh Xử lý vi phạm hành chính.

2. Thẩm quyền, thủ tục áp dụng các biện pháp cưỡng chế thi hành quyết định xử phạt vi phạm hành chính thực hiện theo quy định tại Nghị định số 37/2005/NĐ-CP ngày 18 tháng 3 năm 2005 của Chính phủ quy định thủ tục áp dụng các biện pháp cưỡng chế thi hành quyết định xử phạt vi phạm hành chính.

3. Các vụ việc vi phạm hành chính bị xử phạt đều phải lập thành hồ sơ và lưu giữ đầy đủ tại cơ quan xử phạt trong thời hạn pháp luật quy định.

Điều 63. Định giá hàng hoá, tang vật, phương tiện vi phạm để xác định mức phạt tiền và thẩm quyền xử phạt vi phạm hành chính

1. Đối với các vi phạm hành chính Nghị định này quy định mức phạt tiền theo giá trị hàng hoá vi phạm hoặc quy định hình thức xử phạt tịch thu hàng hoá, tang vật và phương tiện được sử dụng để vi phạm hành chính thì phải tiến hành định giá làm căn cứ cho việc xác định mức phạt tiền và thẩm quyền xử phạt đối với vi phạm hành chính.

2. Tuỳ theo loại hàng hoá, tang vật, phương tiện cụ thể, việc xác định giá dựa trên một trong các căn cứ theo thứ tự ưu tiên sau đây:

a) Giá niêm yết hoặc giá ghi trên hợp đồng hoặc hoá đơn mua bán hàng hoá hoặc tờ khai hàng hoá nhập khẩu;

b) Giá thị trường tại thời điểm nơi phát hiện vi phạm hành chính;

c) Giá thành của hàng hoá nếu chưa xuất bán;

d) Đối với hàng giả là giá thị trường của hàng hoá thật hoặc hàng hoá có cùng tính năng, kỹ thuật, công dụng tại thời điểm nơi phát hiện vi phạm hành chính;

đ) Giá trị thực tế còn lại của tang vật, phương tiện.

3. Thủ trưởng cơ quan quản lý nhà nước có chức năng kiểm tra, thanh tra và xử phạt vi phạm hành chính quy định tại Nghị định này phát hiện vi phạm hành chính hoặc đang xử lý vụ việc vi phạm hành chính có trách nhiệm định giá hàng hoá, tang vật vi phạm và phương tiện được sử dụng để vi phạm hành chính làm căn cứ cho việc xác định mức phạt tiền và thẩm quyền xử phạt đối với vi phạm hành chính.

4. Trường hợp áp dụng các căn cứ quy định tại khoản 2 Điều này không phù hợp hoặc hàng hoá, tang vật, phương tiện khó xác định giá trị thì thủ trưởng cơ quan quản lý nhà nước quy định tại khoản 3 Điều này thành lập hội đồng định giá. Thành phần, nguyên tắc làm việc của hội đồng định giá hàng hoá, tang vật, phương tiện vi phạm hành chính thực hiện theo quy định của pháp luật.

5. Căn cứ định giá và các tài liệu liên quan đến việc định giá hàng hoá, tang vật, phương tiện vi phạm hành chính phải thể hiện trong hồ sơ xử phạt vi phạm hành chính.

6. Việc định giá, quản lý và chuyển giao hàng hoá, tang vật, phương tiện vi phạm hành chính sau khi có quyết định tịch thu của người có thẩm quyền xử phạt vi phạm hành chính trong hoạt động thương mại được thực hiện theo quy định tại Nghị định số 134/2003/NĐ-CP ngày 14 tháng 11 năm 2003 của Chính phủ quy định chi tiết thi hành một số điều của Pháp lệnh Xử lý vi phạm hành chính.

Điều 64. Áp dụng các biện pháp ngăn chặn vi phạm hành chính và đảm bảo việc xử lý vi phạm hành chính

1. Để ngăn chặn kịp thời vi phạm hành chính và đảm bảo việc xử lý vi phạm hành chính trong hoạt động thương mại, những người có thẩm quyền được áp dụng các biện pháp ngăn chặn vi phạm hành chính và đảm bảo việc xử phạt vi phạm hành chính quy định tại Điều 43 Pháp lệnh Xử lý vi phạm hành chính.

2. Thẩm quyền, thủ tục áp dụng các biện pháp ngăn chặn vi phạm hành chính và đảm bảo việc xử phạt vi phạm hành chính trong hoạt động thương mại thực hiện theo quy định của Pháp lệnh Xử lý vi phạm hành chính và các Nghị định của Chính phủ hướng dẫn thi hành Pháp lệnh này.

Chương IV

KHIẾU NẠI, TỐ CÁO VÀ XỬ LÝ VI PHẠM

Điều 65. Khiếu nại, tố cáo và giải quyết khiếu nại, tố cáo

1. Cá nhân, tổ chức có quyền tố cáo với cơ quan nhà nước có thẩm quyền về những vi phạm hành chính của tổ chức, cá nhân quy định tại Nghị định này hoặc tố cáo hành vi vi phạm pháp luật của người có thẩm quyền xử phạt vi phạm hành chính trong hoạt động thương mại theo quy định của pháp luật.

2. Cá nhân, tổ chức bị xử phạt vi phạm hành chính, bị áp dụng các biện pháp ngăn chặn hành chính hoặc người đại diện hợp pháp của họ có quyền khiếu nại quyết định xử phạt vi phạm hành chính hoặc quyết định áp dụng biện pháp ngăn chặn vi phạm hành chính theo quy định của pháp luật khiếu nại, tố cáo hoặc khởi kiện tại toà án có thẩm quyền theo quy định của pháp luật về thủ tục giải quyết các vụ kiện hành chính.

3. Trình tự, thủ tục, thời hạn, thẩm quyền khiếu nại, tố cáo và giải quyết khiếu nại, tố cáo về xử phạt vi phạm hành chính trong hoạt động thương mại thực hiện theo quy định của pháp luật về khiếu nại, tố cáo và giải quyết khiếu nại, tố cáo.

Điều 66. Xử lý vi phạm đối với người có thẩm quyền xử phạt vi phạm hành chính

Người có thẩm quyền xử phạt vi phạm hành chính trong hoạt động thương mại có hành vi sách nhiễu, dung túng, bao che vi phạm, không xử lý hoặc xử lý không kịp thời; xử phạt không đúng thẩm quyền, không đúng đối tượng bị xử phạt, không đúng hành vi vi phạm bị xử phạt; áp dụng không đúng hình thức, mức xử phạt và biện pháp khác; chiếm đoạt, sử dụng trái phép tiền bạc, hàng hoá, tang vật, phương tiện vi phạm; làm cản trở lưu thông hàng hoá hợp pháp, gây thiệt hại cho người kinh doanh thì tuỳ theo tính chất, mức độ vi phạm sẽ bị xử lý kỷ luật hoặc truy cứu trách nhiệm hình sự và bồi thường thiệt hại theo quy định của pháp luật.

Chương V

ĐIỀU KHOẢN THI HÀNH

Điều 67. Hiệu lực thi hành

1. Nghị định này có hiệu lực thi hành sau 15 ngày, kể từ ngày đăng Công báo.

2. Bãi bỏ Nghị định số 175/2004/NĐ-CP ngày 10 tháng 10 năm 2004 của Chính phủ về xử phạt vi phạm hành chính trong lĩnh vực thương mại.

Điều 68. Trách nhiệm thi hành

1. Bộ trưởng Bộ Công Thương chịu trách nhiệm tổ chức thực hiện Nghị định này.

2. Các Bộ trưởng, Thủ trưởng các cơ quan ngang Bộ, Thủ trưởng cơ quan thuộc Chính phủ, Chủ tịch Ủy ban nhân dân các tỉnh, thành phố trực thuộc Trung ương chịu trách nhiệm thi hành Nghị định này./.