Decree No. 06/2009/ND-CP on administrative penalties for violations in the production and business of alcohol and tobacco

DECREE

Administrative Penalties for Violations in the Field of Alcohol and Tobacco Production and Trade

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THE GOVERNMENT

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

BASED ON THE ADMINISTRATIVE VIOLATION HANDLING ORDINANCE dated July 2, 2002; THE AMENDMENT TO CERTAIN ARTICLES OF THE ADMINISTRATIVE VIOLATION HANDLING ORDINANCE dated March 8, 2007; AND THE AMENDMENT AND SUPPLEMENTATION TO CERTAIN ARTICLES OF THE ADMINISTRATIVE VIOLATION HANDLING ORDINANCE dated April 2, 2008;

Considering the proposal of the Minister of Industry and Trade,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree stipulates acts of administrative violations, forms of penalties, fine amounts, measures to remedy consequences, authority, and procedures for handling administrative violations in the field of alcohol and tobacco production and trade.

2. An act of administrative violation in the field of alcohol and tobacco production and trade is an intentional or negligent act that violates state management regulations in the field of alcohol and tobacco production and trade, which does not constitute a crime and must be subject to administrative penalty according to the law.

3. The acts of administrative violations in the field of alcohol and tobacco production and trade specified in this Decree include: violations of food safety conditions, production permits, business conditions, business permits, import and export, product quality standards, product trademarks, and product label stickers.

Article 2. Applicability

1. Individuals and organizations committing acts of administrative violations in the field of alcohol and tobacco production and trade as prescribed in this Decree.

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

3. Minors committing acts of administrative violations in the field of alcohol and tobacco production and trade shall be penalized according to Article 7 of the Administrative Violation Handling Ordinance.

Article 3. Definitions

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

1. "Alcohol product" refers to alcoholic beverages, hereinafter referred to as alcohol. Alcohol is produced through fermentation, with or without distillation from starch of various grains, sugar juice of plants and fruits.

2. "Handmade alcohol production" refers to the activity of producing alcohol using simple equipment on a small scale carried out by individual businesses, households, or individuals.

3. "Industrial alcohol production" refers to the activity of producing alcohol on industrial machinery and equipment assembly lines.

4. "Tobacco raw material" refers to tobacco leaves in loose form, preprocessed tobacco leaves separated from stems, tobacco threads, tobacco sheets, tobacco stems, and other substitute products used to produce tobacco products.

5. "Tobacco product" refers to products made entirely or partially from tobacco raw materials, hereinafter referred to as tobacco. Tobacco is processed into cigarettes, cigars, smoking tobacco threads, and other forms of products used for smoking, chewing, or sniffing.

6. "Tobacco product manufacturing capacity" refers to the capability of synchronized machinery and equipment to produce tobacco.

7. "Processing tobacco raw materials" refers to the processing activities carried out on machinery and equipment assembly lines to preprocess, separate tobacco stems, or process into tobacco threads, tobacco sheets, and other substitute products used to produce tobacco.

Article 4. Principles of Penalty

1. The principle of imposing administrative penalties in the field of alcohol and tobacco production and trade is applied according to Article 3 of the Administrative Violation Handling Ordinance.

2. The imposition of administrative penalties in the field of alcohol and tobacco production and trade must be carried out by persons with authority as stipulated in Articles 24 and 25 of this Decree.

3. Mitigating and aggravating circumstances in the field of alcohol and tobacco production and trade are considered according to Articles 8 and 9 of the Administrative Violation Handling Ordinance.

4. The handling of violations by those authorized to handle administrative violations in the field of alcohol and tobacco production and trade must comply with the provisions of Article 121 of the Administrative Violation Handling Ordinance.

Article 5. Time Limit for Imposing Penalties and Period Considered Not Yet Penalized

1. The time limit for imposing administrative penalties in the field of alcohol and tobacco production and trade is one year from the date the administrative violation in the field of alcohol and tobacco production and trade was committed, except as provided in Clause 2 of this Article.

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

3. For individuals who have been indicted, prosecuted, or had a case decided to be brought to trial under criminal procedure but later received a decision to terminate investigation or close the case by the competent authority, if the violation has characteristics of an administrative violation in the field of alcohol and tobacco production and trade, they will be administratively penalized; the time limit for imposing penalties is three months from the date the authority responsible for imposing penalties receives the decision to terminate and the case file.

4. Within the period specified in Clauses 1 and 2 of this Article, if individuals or organizations commit new acts of administrative violations in the field of alcohol and tobacco production and trade or intentionally evade or obstruct the imposition of penalties, the time limit prescribed in Clauses 1 and 2 of this Article will not apply, and the period will be recalculated from the date of the new administrative violation or the date when the act of evading or obstructing the imposition of penalties ends.

5. Individuals and organizations penalized for administrative violations in the field of alcohol and tobacco production and trade, if more than one year has passed since the completion of the penalty decision or the expiration of the enforcement period of the penalty decision without reoffending, will be considered as not having been penalized for administrative violations in the field of alcohol and tobacco production and trade.

6. In case of exceeding the time limit prescribed in Clauses 1, 2, and 3 of this Article, the individual or organization committing the violation shall not be subject to administrative penalty but shall still be subject to the measures to remedy the consequences prescribed in Clause 1 of Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations and stipulated in this Decree.

Article 6. Forms of Administrative Penalties

1. Principal forms of administrative penalties: For each administrative violation in the field of production and business of alcohol and tobacco, the individual or organization committing the violation must bear one of the following principal forms of administrative penalty:

a) Warning

For unintentional violations committed for the first time, with mitigating circumstances, or for administrative violations committed by persons under 16 years old.

b) Fine

The specific amount of fine for a single administrative violation in the field of production and business of alcohol and tobacco is the average level within the fine range for that violation. If the violation has mitigating circumstances, the fine may be reduced but not below the minimum level of the fine range. If the violation has aggravating circumstances, the fine may be increased but not above the maximum level of the fine range.

2. Additional forms of administrative penalties: Depending on the nature and degree of the violation, individuals or organizations committing administrative violations in the field of production and business of alcohol and tobacco may also be subject to one or more of the following additional forms of administrative penalties:

a) Revocation of the right to use the Business Operation Permit in the field of production and business of alcohol and tobacco;

b) Confiscation of property and means used to commit administrative violations in the field of production and business of alcohol and tobacco.

3. Measures to remedy the consequences: In addition to the principal and additional forms of administrative penalties prescribed in Clauses 1 and 2 of this Article, depending on the nature and degree of the violation, individuals or organizations committing administrative violations in the field of production and business of alcohol and tobacco may also be subject to measures to remedy the consequences specified in Articles of Chapter II, Chapter III, and Chapter IV of this Decree.

Chapter II

COMMON ADMINISTRATIVE VIOLATIONS

IN THE FIELD OF PRODUCTION AND BUSINESS OF ALCOHOL AND TOBACCO,

FORMS AND LEVELS OF PENALTIES

Article 7. Violations concerning Production Licenses

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

a) Producing handcrafted alcohol for commercial purposes without a Handcrafted Alcohol Production License (applicable from January 1, 2010);

b) Forgery, alteration, tampering, renting, lending, transferring, buying, or selling a Handcrafted Alcohol Production License for commercial purposes.

2. A fine from VND 10,000,000 to VND 30,000,000 for any of the following acts:

a) Producing industrial alcohol or tobacco when the Production License has expired;

b) Producing industrial alcohol or tobacco without a Production License;

c) Forgery, alteration, tampering, renting, lending, transferring, buying, or selling an Industrial Alcohol Production License or Tobacco Production License.

3. Additional form of administrative penalty: Confiscation of the Production License for violations stipulated in point b, Clause 1 and point c, Clause 2 of this Article.

Article 8. Violations concerning Business Licenses

1. A fine from VND 200,000 to VND 1,000,000 for any of the following acts:

a) Retailing or agency retailing alcohol or tobacco without a valid Retail or Agency Retail Business License;

b) Retailing or agency retailing alcohol or tobacco without a Retail or Agency Retail Business License;

c) Forgery, alteration, tampering, renting, lending, transferring, buying, or selling a Retail or Agency Retail Business License for alcohol or tobacco.

2. A fine from VND 10,000,000 to VND 30,000,000 for any of the following acts:

a) Wholesaling or agency wholesaling alcohol or tobacco without a valid Wholesale or Agency Wholesale Business License;

b) Wholesaling or agency wholesaling alcohol or tobacco without a Wholesale or Agency Wholesale Business License;

c) Forgery, alteration, tampering, renting, lending, transferring, buying, or selling a Wholesale or Agency Wholesale Business License for alcohol or tobacco.

3. Additional form of administrative penalty: Confiscation of the Business License for violations stipulated in point c, Clause 1 and point c, Clause 2 of this Article.

Article 9. Violations concerning Business Conditions

1. A fine from VND 200,000 to VND 1,000,000 for any of the following acts:

a) Retailers or agency retailers of alcohol failing to comply with regulations on alcohol quality preservation or fire and explosion prevention at storage locations;

b) Retailers or agency retailers of tobacco failing to comply with regulations on business location, address, and network planning.

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

a) Wholesalers or agency wholesalers of alcohol failing to comply with regulations on business location, address, technical requirements, equipment, wholesale alcohol business system planning, warehouse storage, alcohol quality preservation, and fire and explosion prevention;

b) Wholesalers or agency wholesalers of tobacco failing to comply with regulations on business location, address, network planning, infrastructure, and financial capacity.

Article 10. Violations concerning Import Regulations

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

a) Importing alcohol or tobacco that does not meet food safety standards as prescribed by the Ministry of Health;

b) Importing alcohol or tobacco that does not meet registered quality standards;

c) Importing alcohol into Vietnam for the first time without declaration, and without a confirmation document from the competent authority certifying that the alcohol sample meets quality and food safety standards.

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

a) Importing cigarette paper or tobacco raw materials without a permit from the Ministry of Industry and Trade;

b) Importing quantities of cigarette paper exceeding the annual import quota announced;

c) Importing tobacco for commercial purposes that does not match the trademark registered and protected in Vietnam.

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

a) Directly importing or entrusting the import of alcohol without a Production License for alcohol or a Wholesale Business License for alcohol.

b) Selling imported wine concentrate for use in blending finished wine products to organizations or individuals without a Production License for Wine.

4. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on the act of smuggling wine or tobacco with a value up to VND 5,000,000.

5. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the violation of the provisions of Clause 4 of this Article with a value from over VND 5,000,000 to VND 10,000,000.

6. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the violation of the provisions of Clause 4 of this Article with a value from over VND 10,000,000 to VND 20,000,000.

7. A fine of VND 20,000,000 to VND 50,000,000 shall be imposed on the violation of the provisions of Clause 4 of this Article with a value from over VND 20,000,000 to VND 50,000,000.

8. A fine of VND 50,000,000 to VND 100,000,000 shall be imposed on the violation of the provisions of Clause 4 of this Article with a value from over VND 50,000,000 to VND 100,000,000.

9. Additional form of administrative sanction: confiscation of all contraband items for violations under Clauses 1 to 8 of this Article.

10. Measures to remedy consequences: organizations and individuals must destroy contraband items, goods, bear all costs related to the destruction of contraband items and remedying consequences for violations under point a, b of Clause 1, Clauses 4, 5, 6, 7, and Clause 8 of this Article. In cases where it is not possible to apply the measure of compelling violators to destroy, confiscate for destruction according to regulations.

Article 11. Violations of regulations on trading smuggled wine and tobacco

1. A fine of VND 100,000 to VND 500,000 shall be imposed on the act of trading smuggled wine or tobacco with a value up to VND 500,000.

2. A fine of VND 500,000 to VND 2,000,000 shall be imposed on the violation of the provisions of Clause 1 of this Article with a value from over VND 500,000 to VND 2,000,000.

3. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on the violation of the provisions of Clause 1 of this Article with a value from over VND 2,000,000 to VND 5,000,000.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the violation of the provisions of Clause 1 of this Article with a value from over VND 5,000,000 to VND 10,000,000.

5. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the violation of the provisions of Clause 1 of this Article with a value from over VND 10,000,000 to VND 20,000,000.

6. A fine of VND 20,000,000 to VND 50,000,000 shall be imposed on the violation of the provisions of Clause 1 of this Article with a value from over VND 20,000,000 to VND 50,000,000.

7. A fine of VND 50,000,000 to VND 100,000,000 shall be imposed on the violation of the provisions of Clause 1 of this Article with a value from over VND 50,000,000 to VND 100,000,000.

8. Additional forms of punishment:

a) Confiscation of all contraband items for violations under Clauses 1 to 7 of this Article;

b) Suspension of the right to use the Business License for one year for violations under Clauses 1 to 7 of this Article.

9. Measures to remedy consequences: individuals and organizations must destroy contraband items according to regulations, bear all costs related to the destruction of contraband items and remedying consequences for violations under Clauses 1 to 7 of this Article. In cases where it is not possible to apply the measure of compelling violators to destroy, confiscate for destruction according to regulations.

Article 12. Violations of regulations on producing and trading counterfeit wine and tobacco

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on the act of producing and trading counterfeit wine or tobacco with a value up to VND 500,000.

2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on the violation of the provisions of Clause 1 of this Article with a value from over VND 500,000 to VND 1,000,000.

3. A fine of VND 2,000,000 to VND 6,000,000 shall be imposed on the violation of the provisions of Clause 1 of this Article with a value from over VND 1,000,000 to VND 3,000,000.

4. A fine of VND 6,000,000 to VND 10,000,000 shall be imposed on the violation of the provisions of Clause 1 of this Article with a value from over VND 3,000,000 to VND 5,000,000.

5. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the violation of the provisions of Clause 1 of this Article with a value from over VND 5,000,000 to VND 10,000,000.

6. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on the violation of the provisions of Clause 1 of this Article with a value from over VND 10,000,000 to VND 20,000,000.

7. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed on the violation of the provisions of Clause 1 of this Article with a value from over VND 20,000,000 to VND 30,000,000.

8. Additional forms of punishment:

a) Confiscation of all contraband items for violations under Clauses 1 to 7 of this Article;

b) Suspension of the right to use the Production License, Business License for one year for violations under Clauses 1 to 7 of this Article.

9. Measures to remedy consequences: individuals and organizations must destroy contraband items according to regulations, bear all costs related to the destruction of contraband items and remedying consequences for violations under Clauses 1 to 7 of this Article. In cases where it is not possible to apply the measure of compelling violators to destroy, confiscate for destruction according to regulations.

Article 13. Violations of regulations on product trademarks and labeling

1. A fine of VND 100,000 to VND 500,000 shall be imposed on the act of failing to label homemade wine for commercial purposes or labeling incorrectly.

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

a) Incorrectly labeling industrial wine or tobacco;

b) Importing wine or tobacco into Vietnam but failing to label according to regulations.

3. A fine of VND 20,000,000 to VND 50,000,000 shall be imposed on the act of producing foreign-branded tobacco for domestic consumption without permission from the Prime Minister.

4. Additional form of administrative sanction: confiscation of all contraband items for violations under point b of Clause 2 and Clause 3 of this Article.

Article 14. Violations of regulations on affixing stamps

1. A fine of VND 100,000 to VND 500,000 shall be imposed on the act of failing to affix stamps on homemade wine for commercial purposes intended for domestic consumption with a value up to VND 1,000,000.

2. A fine of VND 500,000 to VND 2,000,000 shall be imposed on the violation of the provisions of Clause 1 of this Article with a value from over VND 1,000,000 to VND 5,000,000.

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

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of failing to affix stamps on industrial wine or tobacco for domestic consumption with a value up to VND 10,000,000.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on the violation of the provisions of Clause 4 of this Article with a value from over VND 10,000,000 to VND 20,000,000.

6. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed on violations stipulated in Clause 4 of this Article with a value from over 20,000,000 VND to 50,000,000 VND.

7. A fine of from 50,000,000 VND to 100,000,000 VND shall be imposed on violations stipulated in Clause 4 of this Article with a value over 50,000,000 VND.

8. A fine of from 500,000 VND to 2,000,000 VND shall be imposed on the act of not affixing import stamps on imported alcohol or tobacco products for commercial purposes with a value up to 1,000,000 VND.

9. A fine of from 2,000,000 VND to 5,000,000 VND shall be imposed on violations stipulated in Clause 8 of this Article with a value from over 1,000,000 VND to 5,000,000 VND.

10. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on violations stipulated in Clause 8 of this Article with a value from over 5,000,000 VND to 10,000,000 VND.

11. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed on violations stipulated in Clause 8 of this Article with a value from over 10,000,000 VND to 20,000,000 VND.

12. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed on violations stipulated in Clause 8 of this Article with a value from over 20,000,000 VND to 50,000,000 VND.

13. A fine of from 50,000,000 VND to 100,000,000 VND shall be imposed on violations stipulated in Clause 8 of this Article with a value from over 50,000,000 VND.

14. Additional form of administrative punishment: confiscation of all contraband items involved in the violation for violations at Clauses 1 to 13 of this Article.

Chapter III

SPECIFIC ADMINISTRATIVE VIOLATIONS IN THE FIELD OF PRODUCTION AND BUSINESS OF ALCOHOL, FORMS AND LEVELS OF PUNISHMENT

 Article 15. Violations of regulations on the production of handcrafted alcohol

1. A fine of from 100,000 VND to 500,000 VND shall be imposed on the act of producing handcrafted alcohol that does not comply with the regulations on quality standards, food safety, and environmental protection.

2. Additional form of administrative punishment: confiscation of all contraband items involved in the violation for the violation at Clause 1 of this Article.

Article 16. Violations of regulations on providing information about alcohol

1. A fine of from 100,000 VND to 500,000 VND shall be imposed on the act of producing handcrafted alcohol for business purposes without providing complete information about the alcohol including ingredients, concentration, quality indicators, and the harmful effects of excessive alcohol consumption as prescribed.

2. A fine of from 5,000,000 VND to 20,000,000 VND shall be imposed on the act of producing industrial alcohol without providing complete information about the alcohol including ingredients, concentration, quality indicators, and the harmful effects of excessive alcohol consumption as prescribed.

Article 17. Violations of the obligations of traders engaged in the business of alcohol

A fine of from 100,000 VND to 500,000 VND shall be imposed on the act of failing to display a valid copy of the Business License for Alcohol, types, and prices of various types of alcohol currently sold at the trader's place of business.

 Chapter IV

SPECIFIC ADMINISTRATIVE VIOLATIONS IN THE FIELD

PRODUCTION AND BUSINESS OF TOBACCO, FORMS AND LEVELS OF PUNISHMENT

Article 18. Violations of regulations on preventing and controlling the harmful effects of tobacco

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

a) Failing to fully and correctly record warnings about the harmful effects of tobacco on cigarette packaging;

b) Failing to record warnings about the harmful effects of tobacco.

2. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed on the act of producing tobacco for domestic consumption with tar and nicotine levels exceeding the prescribed limits.

3. Additional form of administrative punishment: confiscation of all contraband items involved in the violation for violations stipulated in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences: organizations and individuals must destroy contraband items, goods, bear all costs related to the destruction of contraband items, and remediate consequences for violations stipulated in Clause 1 and Clause 2 of this Article. In cases where it is not possible to apply the measure of forcing violators to destroy, confiscate for destruction according to regulations.

Article 19. Violations of regulations on planting and trading tobacco raw materials

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

a) Using tobacco seed varieties that do not comply with the legal provisions on seed management;

b) Developing tobacco cultivation areas that are inconsistent with the Master Plan.

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

a) Trading tobacco raw materials when the Certificate of Eligibility for Tobacco Raw Material Trading has expired;

b) Trading tobacco raw materials without a Certificate of Eligibility for Tobacco Raw Material Trading;

c) Forgery, erasure, alteration, renting, lending, transferring, buying, or selling the Certificate of Eligibility for Tobacco Raw Material Trading.

3. Additional form of administrative punishment: confiscation of the Certificate of Eligibility for Tobacco Raw Material Trading for violations specified in point c of Clause 2 of this Article.

Article 20. Violations of regulations on processing tobacco raw materials

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

a) Processing tobacco raw materials when the Certificate of Eligibility for Tobacco Raw Material Processing has expired;

b) Processing tobacco raw materials without a Certificate of Eligibility for Tobacco Raw Material Processing;

c) Forgery, erasure, alteration, renting, lending, transferring, buying, or selling the Certificate of Eligibility for Tobacco Raw Material Processing.

2. Additional form of administrative punishment: confiscation of the Certificate of Eligibility for Tobacco Raw Material Processing for violations specified in point c of Clause 1 of this Article.

Article 21. Violations of regulations on production capacity and annual production volume of tobacco

1. A fine of from 10,000,000 VND to 40,000,000 VND shall be imposed on the act of annually producing a tobacco volume exceeding less than 10% of the permitted production capacity.

2. A fine of from 40,000,000 VND to 70,000,000 VND shall be imposed on the act of annually producing a tobacco volume exceeding more than 10% of the permitted production capacity.

3. Additional form of administrative punishment: confiscation of all contraband items involved in the violation for violations stipulated in Clause 1 and Clause 2 of this Article.

Article 22. Violations of regulations on using labels, paper for cigarette rolling, and minimum selling price of tobacco

1. A fine of from 10,000,000 VND to 40,000,000 VND shall be imposed on the act of buying and selling, transferring tobacco labels.

2. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on the act of illegally buying and selling, transferring cigarette rolling paper with a value up to 10,000,000 VND.

3. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed on violations stipulated in Clause 2 of this Article with a value from over 10,000,000 VND to 50,000,000 VND.

4. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed for violations stipulated in Clause 2 of this Article where the value exceeds 50,000,000 VND.

5. A fine of from 20,000,000 VND to 50,000,000 VND shall be imposed on enterprises producing tobacco products that sell tobacco products below the minimum price set by the Ministry of Finance.

6. Additional forms of punishment:

a) Seize all contraband items in violation of administrative regulations stipulated in Clauses 1, 2, 3, and 4 of this Article.

b) Revoke the Production License for tobacco products for a period of six months for violations stipulated in Clauses 1, 2, 3, and 4 of this Article.

Article 23. Violations concerning the use, disposal, import, export, re-export, and sale of machinery and equipment specific to the tobacco industry.

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on individuals and organizations committing any of the following acts:

a) Disposing of or destroying machinery and equipment specific to the tobacco industry not in accordance with regulations;

b) Failing to re-export machinery and equipment specific to the tobacco industry when the permitted temporary import period has expired.

2. A fine of from 20,000,000 VND to 50,000,000 VND shall be imposed on individuals and organizations committing any of the following acts:

a) Selling machinery and equipment specific to the tobacco industry not in accordance with regulations;

b) Importing machinery and equipment specific to the tobacco industry not in accordance with regulations.

3. Additional form of administrative penalty: Seize all contraband items in violation of administrative regulations stipulated in Clauses 1 and 2 of this Article.

Chapter V

AUTHORITY AND PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES FOR VIOLATIONS

IN THE FIELD OF PRODUCTION AND BUSINESS OF ALCOHOL AND TOBACCO PRODUCTS

 Article 24. Administrative Penalty Authority

1. The Chairman of the People's Committee at the commune level and equivalent has the authority to impose penalties according to Clause 4, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations for administrative violations stipulated in this Decree within the jurisdiction of their locality.

2. The Chairman of the People's Committee at the district level has the authority to impose penalties according to Clause 5, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations for administrative violations stipulated in this Decree within the jurisdiction of their locality.

3. The Chairman of the People's Committee at the provincial level has the authority to impose penalties according to Article 30 of the Ordinance on Handling Administrative Violations for administrative violations stipulated in this Decree within the jurisdiction of their locality.

Article 25. Administrative Penalty Authority of the Public Security Organs, Border Guard Force, Coast Guard, Customs, Market Management, and Specialized State Inspection Agencies

1. The Public Security Organs have the authority to impose penalties for administrative violations in the production and business of alcohol and tobacco products stipulated in this Decree within their jurisdiction and field of management according to Clause 6, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations.

2. Individuals authorized to impose administrative penalties of the Border Guard Force, Coast Guard, Customs, and Market Management agencies have the authority to impose penalties for administrative violations in the production and business of alcohol and tobacco products stipulated in this Decree within their jurisdiction and field of management according to the specific provisions of Clause 7, Clause 8, and Clause 9, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations and Article 37 of the Ordinance on Handling Administrative Violations.

3. Individuals authorized to impose administrative penalties of specialized state inspection agencies have the authority to impose penalties for administrative violations in the production and business of alcohol and tobacco products stipulated in this Decree within their jurisdiction and field of management according to Clause 12, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations.

4. Individuals authorized to impose administrative penalties of specialized state management agencies have the authority to impose penalties for administrative violations in the production and business of alcohol and tobacco products stipulated in this Decree according to their assigned authority and functions.

Article 26. Delegation of Authority and Principles for Determining Administrative Penalty Authority in the Field of Production and Business of Alcohol and Tobacco Products

1. Delegation of authority to impose administrative penalties in the field of production and business of alcohol and tobacco products shall be applied according to Clause 16, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations.

2. Principles for determining administrative penalty authority in the field of production and business of alcohol and tobacco products shall be applied according to Clause 17, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations.

Article 27. Procedures for Imposing Administrative Penalties in the Field of Production and Business of Alcohol and Tobacco Products

1. Procedures and steps for imposing administrative penalties in the field of production and business of alcohol and tobacco products shall be carried out according to the Ordinance on Handling Administrative Violations and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations.

2. Relevant documents related to the imposition of administrative penalties must be fully retained at the penalizing agency. The administrative violation record must be fully prepared according to Clause 22, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations.

3. Individuals and organizations subject to fines must pay the fine within the specified time and at the designated location as stated in the penalty decision, except in cases where payment is made on the spot according to Clause 21, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations and Article 58 of the Ordinance on Handling Administrative Violations.

4. In cases where confiscation of contraband items and means of transportation is applied, the authorized penalizing individual must comply with the provisions of Clause 25, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations.

Article 28. Enforcement of Administrative Penalty Decisions and Compulsory Execution of Administrative Penalty Decisions in the Field of Production and Business of Alcohol and Tobacco Products

1. Individuals and organizations subject to administrative violation penalties under this Decree must strictly comply with the penalty decision within ten days from the date they receive the decision, except where otherwise provided by law. If individuals or organizations subject to penalties do not voluntarily comply with the penalty decision, they will be compelled to enforce the penalty decision according to Article 66 of the Administrative Violation Handling Ordinance, Clause 22 of Article 1 of the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance, and other legal provisions on compelling enforcement of administrative violation penalty decisions.

2. In cases where compulsory measures for enforcing administrative violation penalty decisions are applied in the production and trading of alcohol and tobacco, competent authorities and persons authorized must follow the procedures and formalities for compulsion as stipulated in Articles 66 and 67 of the Administrative Violation Handling Ordinance, Clause 28 of Article 1 of the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance, and other legal provisions on compelling enforcement of administrative violation penalty decisions.

Article 29. Provisions on applying remedial measures

1. The authority prescribed in Articles 24, 25, and 26 of this Decree when deciding to apply remedial measures must base their decision on legal provisions, the actual extent of damage caused by the administrative violation, and bear responsibility before the law for their decision.

2. Individuals and organizations subject to remedial measures must complete the remedial measures within ten days from the date they receive the penalty decision.

3. In cases where goods or means of transport involved in administrative violations in the production and trading of alcohol and tobacco must be confiscated or destroyed, such actions shall be carried out according to Clause 25 of Article 1 of the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance.

Chapter VI

PETITIONING AND REPORTING VIOLATIONS

Article 30. Petitioning and Reporting

1. Individuals and organizations subject to administrative violation penalties in the production and trading of alcohol and tobacco, or their legitimate representatives, have the right to petition against the administrative violation penalty decision according to the law on petitioning and reporting.

2. Citizens have the right to report to state agencies with authority about the administrative violations committed by organizations or individuals as prescribed in this Decree or to report illegal acts of those authorized to impose administrative violation penalties in the production and trading of alcohol and tobacco according to the law.

3. During the period of handling petitions and reports by competent authorities, individuals and organizations subject to penalties must still enforce the penalty decision.

4. Procedures, formalities, time limits, authority for petitioning and reporting, and the handling of petitions and reports regarding administrative violation penalties in the production and trading of alcohol and tobacco shall be implemented according to the law on petitioning and reporting.

Article 31. Handling of violations

1. Those authorized to impose administrative violation penalties in the production and trading of alcohol and tobacco who commit acts of harassment, tolerance, cover-up, failure to impose penalties, untimely imposition of penalties, incorrect imposition of penalties, or imposing penalties beyond their authority shall be disciplined or criminally prosecuted depending on the nature and degree of the violation; if damage is caused, compensation must be made according to the law.

2. Individuals and organizations subject to administrative violation penalties in the production and trading of alcohol and tobacco who do not voluntarily comply with the penalty decision will be compelled to enforce it; if they commit administrative violations and obstruct, resist public servants or use deceitful, bribery, or other methods to delay or evade compliance with the penalty decision of those authorized, they will be administratively penalized or criminally prosecuted depending on the nature and degree of the violation; if damage is caused, compensation must be made according to the law.

 Chapter VII

IMPLEMENTING PROVISIONS

Article 32. Effectiveness

This Decree takes effect forty-five days from the date of issuance. Previous regulations on administrative violation penalties in the production and trading of alcohol and tobacco that conflict with this Decree are abolished.

Article 33. Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and municipal People's Committees directly under the Central Government are responsible for implementing this Decree./.