DECREE NO. 107/2008/ND-CP ON ADMINISTRATIVE SANCTIONS FOR SPECULATIVE ACTIVITIES, STOCKPILING GOODS, UNDUE PRICE INCREASES, SPREADING FALSE INFORMATION, SMUGGLING, AND COMMERCIAL FRAUD

DECREE

Regulations on administrative penalties for speculative behavior, stockpiling goods, excessive price increases, spreading false information, smuggling, and commercial fraud.

Exceeding the permissible level, disseminating false information, smuggling, and commercial fraud.

______________

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 Price Ordinance dated April 26, 2002;

Pursuant to the Ordinance on Handling Administrative Violations dated July 2, 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations dated April 2, 2008;

Considering the proposal of the Minister of Industry and Trade.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates administrative penalties for:

a) Speculative behavior with goods; stockpiling goods; excessive price increases; spreading false information about the market and prices of goods and services;

b) Violations related to price declaration, registration, and display of goods and services;

c) Smuggling or illegal transportation of rice, grain, gasoline, oil, forest products, minerals across borders;

d) Fraudulent practices regarding measurement, packaging of goods, and quality of goods and services.

2. The application of administrative penalties for violations specified in Articles 4, 5, 6, and 7 of this Decree shall only be applied:

a) To goods and services listed in the price stabilization list as prescribed by the Government, decisions of the Prime Minister published for nationwide application, and other goods and services listed in decisions of the People's Committee Chairmen at provincial levels published for local application;

b) In cases where the market experiences abnormal fluctuations in supply and demand, prices of goods and services due to natural disasters, fires, epidemics, war, or other unusual circumstances when the Prime Minister or the Minister of Finance decides to implement price stabilization measures nationwide or in specific regions, or when the People's Committee Chairman at provincial levels decides to implement such measures locally.

3. Cases of speculative behavior with goods, smuggling or illegal transportation of gasoline, oil, rice, grain, forest products, minerals across borders as stipulated in Articles 4, 10, and 11 of this Decree, if the value of the contraband goods exceeds 100,000,000 VND and there are indications of criminal offenses, must be transferred to competent criminal prosecution authorities for criminal responsibility pursuit. If the criminal prosecution authority decides not to pursue criminal responsibility, the administrative penalty shall be carried out according to the provisions of Articles 4, 10, and 11 of this Decree.

Article 2. Applicability

1. Vietnamese individuals and organizations committing administrative violations as prescribed in this Decree.

2. Foreign individuals and organizations committing administrative violations as prescribed in this Decree within the territory of Vietnam, except where international treaties to which Vietnam is a party provide otherwise.

3. Individuals under the age of eighteen committing administrative violations as prescribed in this Decree shall be subject to administrative penalties according to point a, Clause 1, Article 6 and Clause 1, Article 7 of the Ordinance on Handling Administrative Violations 2002.

Article 3. Application of Administrative Violation Penalty Provisions

Principles of punishment; mitigating or aggravating circumstances; time limits for punishment; periods considered as not having been punished; calculation methods for time limits and time periods; forms of administrative violation penalties and remedial measures; responsibilities of authorized persons in handling administrative violations shall be implemented according to the Ordinance on Handling Administrative Violations 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008.

Chapter II

VIOLATIONS OF ADMINISTRATIVE LAW, FORMS AND AMOUNTS OF PENALTIES

Article 4. Sanctions for Speculative Activities with Goods

1. For acts of taking advantage of the scarcity of goods or creating artificial scarcity on the market to hoard or accumulate goods listed under price stabilization according to the law, outside the goods specified in Clause 2 of this Article, with the aim of reselling for illicit profit, the following sanctions shall be imposed:

a) A fine of from VND 3,000,000 to VND 5,000,000 if the value of the hoarded or accumulated goods is VND 20,000,000;

b) A fine of from VND 5,000,000 to VND 10,000,000 if the value of the hoarded or accumulated goods is from VND 20,000,000 to VND 50,000,000;

c) A fine of from VND 10,000,000 to VND 20,000,000 if the value of the hoarded or accumulated goods is from VND 50,000,000 to VND 80,000,000;

d) A fine of from VND 20,000,000 to VND 30,000,000 if the value of the hoarded or accumulated goods is from VND 80,000,000 to less than VND 100,000,000;

đ) A fine of VND 35,000,000 if the value of the hoarded or accumulated goods is VND 100,000,000 or more without having to pursue criminal responsibility.

2. For acts of taking advantage of the scarcity of goods or creating artificial scarcity on the market to hoard or accumulate gasoline, diesel, cement, construction steel, liquefied gas, chemical fertilizers with the aim of reselling for illicit profit, the following sanctions shall be imposed:

a) A fine of from VND 5,000,000 to VND 10,000,000 if the value of the hoarded or accumulated goods is VND 50,000,000;

b) A fine of from VND 10,000,000 to VND 20,000,000 if the value of the hoarded or accumulated goods is from VND 50,000,000 to VND 80,000,000;

c) A fine of from VND 20,000,000 to VND 30,000,000 if the value of the hoarded or accumulated goods is from VND 80,000,000 to less than VND 100,000,000;

d) A fine of VND 35,000,000 if the value of the hoarded or accumulated goods is VND 100,000,000 or more without having to pursue criminal responsibility.

3. A fine twice the amount of the monetary penalty prescribed in Clause 1 and Clause 2 of this Article shall be imposed in the following cases:

a) The violation is committed by a business, a branch operating in Vietnam;

b) The violation is committed by an individual, a business, a branch that has not registered or been permitted to operate the type of goods being hoarded or accumulated.

4. Additional sanctions and measures to remedy consequences:

a) Confiscation of goods for violations stipulated in this Article;

b) Confiscation of the proceeds from administrative violations for violations stipulated in this Article;

c) Revocation of the right to use the business operation qualification certificate, various types of business licenses issued for up to twelve months, or revocation of the right to use without a time limit for over twelve months in cases of repeated or recidivist violations stipulated in this Article.

Article 5. Sanctions for Hoarding Activities

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on a business household committing any of the following hoarding activities without a legitimate reason:

a) Reducing sales locations;

b) Changing sales methods (from wholesale to retail) different from before;

c) Specifying, posting, selling goods according to quantity, purchasing targets different from before;

d) Reducing sales hours, supply times different from before.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on a business household committing any of the following hoarding activities without a legitimate reason:

a) Reducing the volume of goods sold to the market;

b) Ceasing to sell goods to the market.

3. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on a business household committing any of the following hoarding activities without a legitimate reason:

a) Not opening a store or trading location for business operations to sell goods;

b) Opening a store or trading location for business operations but not selling goods.

4. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on a business household engaging in hoarding activities in warehouses exceeding 150% of the average inventory of the previous three months.

5. A fine twice the amount of the monetary penalties prescribed in Clauses 1 to 4 of this Article shall be imposed in the following cases:

a) The violation is committed by a producer, processor, packager, assembler, refiller, filler, importer of goods;

b) The violation is committed by a business, a branch operating in Vietnam;

c) The violation is committed by a supermarket, shopping center, or other modern distribution facility.

6. Additional forms of punishment:

a) Confiscation of goods for violations stipulated in Clause 4 of this Article;

b) Revocation of the right to use the business operation qualification certificate, various types of business licenses issued for up to twelve months, or revocation of the right to use without a time limit for over twelve months in cases of repeated or recidivist violations stipulated in this Article.

Article 6. Sanctions for the act of increasing prices excessively

1. Warning or imposing a fine from VND 500,000 to VND 1,000,000 for the act of raising the selling price of goods or service fees by 20% or more compared to the declared or registered price with the competent state management agency for improper gain if the value of goods or services is up to VND 5,000,000.

2. Imposing a fine from VND 1,000,000 to VND 3,000,000 for the violation stipulated in Clause 1 of this Article if the value of goods or services is from over VND 5,000,000 to VND 10,000,000.

3. Imposing a fine from VND 3,000,000 to VND 5,000,000 for the violation stipulated in Clause 1 of this Article if the value of goods or services is from over VND 10,000,000 to VND 20,000,000.

4. Imposing a fine from VND 5,000,000 to VND 7,000,000 for the violation stipulated in Clause 1 of this Article if the value of goods or services is from over VND 20,000,000 to VND 50,000,000.

5. Imposing a fine from VND 7,000,000 to VND 10,000,000 for the violation stipulated in Clause 1 of this Article if the value of goods or services is from over VND 50,000,000 to VND 80,000,000.

6. Imposing a fine from VND 10,000,000 to VND 15,000,000 for the violation stipulated in Clause 1 of this Article if the value of goods or services is from over VND 80,000,000 to VND 100,000,000.

7. Imposing a fine from VND 15,000,000 to VND 20,000,000 for the violation stipulated in Clause 1 of this Article if the value of goods or services exceeds VND 100,000,000.

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

a) The violation is committed by a producer, processor, assembler, refiller, filler, packager, or importer of goods;

b) The violation is committed by a business, branch operating in Vietnam;

c) The violation is committed by a supermarket, shopping center, or other modern distribution facility.

9. Additional forms of punishment:

a) Confiscating the proceeds from the administrative violation for violations stipulated in this Article;

b) Revoking the business registration certificate or other types of business licenses issued for a period of more than twelve months or indefinitely for more than twelve months in cases of repeated or recidivist violations stipulated in this Article.

Article 7. Sanctions for the act of disseminating false information about the market, prices of goods, and services

1. Warning or imposing a fine from VND 500,000 to VND 1,000,000 for individuals who fabricate, spread, or disseminate false information about the market situation, prices of goods, and services causing public panic and market instability.

2. Imposing a fine from VND 1,000,000 to VND 5,000,000 for individual households that fabricate, spread, or disseminate false information about the market situation, prices of goods, and services causing public panic and market instability.

3. Imposing a fine from VND 5,000,000 to VND 10,000,000 for businesses that fabricate, spread, or disseminate false information about the market situation, prices of goods, and services causing public panic and market instability.

4. Imposing a fine from VND 10,000,000 to VND 20,000,000 for mass media agencies and related organizations that fabricate, spread, or disseminate false information about the market situation, prices of goods, and services on mass media such as print, radio, television, online news, or other informational publications causing public panic and market instability.

5. Imposing a fine twice the amount specified in Clauses 1 through 4 of this Article for intentional acts of fabricating, spreading, or disseminating false information for personal gain.

6. Additional sanctions and measures to remedy consequences:

a) Ordering correction of the information for violations stipulated in Clauses 2, 3, and 4 of this Article;

b) Ordering destruction or confiscation of destroyed publications containing false information for violations stipulated in Clause 4 of this Article;

c) Revoking the business registration certificate or other types of business licenses issued for a period of more than twelve months or indefinitely for more than twelve months in cases of repeated or recidivist violations stipulated in Clauses 2 and 3 of this Article.

Article 8. Sanctions for violations related to price declaration and registration of goods and services

1. A fine of from three million to five million dong shall be imposed on the act of not declaring prices of goods and services with competent state management agencies as prescribed.

2. A fine of from five million to ten million dong shall be imposed on the act of not registering prices of goods and services with competent state management agencies as prescribed.

3. Measures to remedy consequences:

Compel the violator to declare and register prices in accordance with the provisions set forth in this Article.

Article 9. Sanctions for violations related to price display of goods and services

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

a) Not displaying prices of goods and services at stores, counters, transaction points for buying and selling goods, and service provision points;

b) Displaying prices incorrectly or unclearly, causing confusion for customers.

2. A fine of from one million to five million dong shall be imposed on the act of selling goods or collecting service fees higher than the displayed price.

3. A fine of from five million to ten million dong shall be imposed on the acts violating the provisions of Clause 1 and Clause 2 of this Article in the following cases:

a) Goods and services listed in the State's pricing list or price range;

b) Goods and services listed in the price stabilization list as prescribed by law;

c) Goods and services listed in the restricted business or conditional business list;

d) The violation is committed by supermarkets, shopping centers, or other modern distribution facilities.

4. A fine of from ten million to twenty million dong shall be imposed on trading establishments or gold businesses engaging in any of the following acts:

a) Not displaying foreign exchange buying and selling rates or gold buying and selling prices at the trading location;

b) Having foreign exchange buying and selling rates or gold buying and selling prices displayed but the form and content of the price display are unclear, causing confusion for customers;

c) Buying and selling foreign currency or gold not in accordance with the displayed price.

5. A fine of from twenty million to thirty million dong shall be imposed on the act of displaying prices of goods and services in foreign currency or collecting payment for sales or service fees in foreign currency without permission.

6. Additional sanctions and measures to remedy consequences:

a) Compel the violator to display prices correctly as prescribed for violations under Clause 1, Clause 3, Clause 4, and Clause 5 of this Article;

b) Compel the violator to refund customers the amount collected above the displayed price for violations under Clause 2, Clause 3, and point c of Clause 4 of this Article; if the customer cannot be identified, the amount shall be confiscated and turned over to the State budget;

c) Confiscate the foreign currency obtained from administrative violations under Clause 5 of this Article;

d) Suspend the right to use the business condition certificate or business licenses issued for up to twelve months, or indefinitely suspend the right to use such certificates or licenses for more than twelve months in cases of repeated or recidivist violations under this Article.

Article 10. Sanctions for violations related to smuggling gasoline and diesel across borders

1. A fine of from five million to ten million dong shall be imposed on retail gas stations in border areas that violate the regulations on managing gasoline sales in border areas as promulgated by the Minister of Industry and Trade.

2. A fine of from five million to ten million dong shall be imposed on any of the following acts if the value of gasoline and diesel is up to ten million dong:

a) Illegally transporting gasoline and diesel into border areas;

b) Illegally transporting, trading, or exchanging gasoline and diesel across borders;

c) Trading or exchanging gasoline and diesel on the sea with foreign fishing vessels or marine production vessels.

3. A fine of from ten million to twenty million dong shall be imposed on violations under Clause 2 of this Article if the value of gasoline and diesel is from over ten million to thirty million dong.

4. A fine of from twenty million to thirty million dong shall be imposed on violations under Clause 2 of this Article if the value of gasoline and diesel is from over thirty million to fifty million dong.

5. A fine of from thirty million to fifty million dong shall be imposed on violations under Clause 2 of this Article if the value of gasoline and diesel is from over fifty million to seventy million dong.

6. A fine of from fifty million to seventy million dong shall be imposed on violations under Clause 2 of this Article if the value of gasoline and diesel is from over seventy million to less than one hundred million dong.

7. A fine of seventy million dong shall be imposed on violations under Clause 2 of this Article if the value of gasoline and diesel is one hundred million dong or more, provided that the criminal prosecution authority has decided not to pursue criminal responsibility.

8. Additional sanctions and measures to remedy consequences:

a) Compel the violator to comply with the regulations on managing gasoline sales in border areas as promulgated by the Ministry of Industry and Trade;

b) Confiscate goods violating the provisions from Clause 2 to Clause 7 of this Article;

c) Confiscate the proceeds obtained from administrative violations from Clause 2 to Clause 7 of this Article;

d) Confiscate the means of transportation for violations under Clauses 2 to 7 of this Article if they fall into any of the following situations: repeated or recidivist violations, using license plates not belonging to the vehicle issued by the competent authority, evading or obstructing law enforcement officers, except in cases stipulated in Clause 2 of Article 17 of the Administrative Violation Handling Ordinance 2002;

đ) Suspend the right to use the business condition certificate or business licenses issued for up to twelve months, or indefinitely suspend the right to use such certificates or licenses for more than twelve months in cases of repeated or recidivist violations under this Article.

Article 11. Sanctions for the act of smuggling rice, timber, minerals across the border

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on any of the following acts if the goods have a value up to VND 5,000,000:

a) Illegally transporting, trading, or exchanging rice, timber, minerals across the border;

b) Illegally trading or exchanging rice, timber, minerals on rivers or at sea with foreign transport means.

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

3. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on the violation stipulated in Clause 1 of this Article if the goods have a value from over VND 10,000,000 to VND 20,000,000.

4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the violation stipulated in Clause 1 of this Article if the goods have a value from over VND 20,000,000 to VND 50,000,000.

5. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the violation stipulated in Clause 1 of this Article if the goods have a value from over VND 50,000,000 to VND 80,000,000.

6. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the violation stipulated in Clause 1 of this Article if the goods have a value from over VND 80,000,000 to under VND 100,000,000.

7. A fine of VND 35,000,000 shall be imposed on the violation stipulated in Clause 1 of this Article if the goods have a value of VND 100,000,000 or more but not subject to criminal prosecution.

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

a) Timber includes roundwood, sawn timber, natural wood, wild animals, rare and precious plants, rare and precious plant and animal seeds listed in the prohibited trade or export list;

b) Special and harmful minerals.

9. The administrative sanction provisions set forth in this Article shall not apply to the exchange activities of rice and grains among residents in border areas for personal consumption as prescribed by current regulations.

10. Additional sanctions and measures to remedy consequences:

a) Confiscation of goods violating the provisions of this Article;

b) Confiscation of proceeds obtained from the violation of administrative regulations stipulated in this Article;

c) Confiscation of transportation means for violations stipulated in this Article if they fall into one of the following cases: repeated offenses, using license plates not belonging to that vehicle issued by competent authorities, evading or obstructing public officials, except as provided for in Clause 2 of Article 17 of the Administrative Violations Handling Ordinance 2002.

d) Suspend the right to use the business condition certificate or business licenses issued for up to twelve months, or indefinitely suspend the right to use such certificates or licenses for more than twelve months in cases of repeated or recidivist violations under this Article.

Article 12. Sanctions for violations concerning prohibited goods, smuggled goods with a value of VND 100,000,000 or more, counterfeit goods with a value of VND 30,000,000 or more, and labeling violations

1. For violations concerning prohibited goods, smuggled goods with a value of VND 100,000,000 or more, and counterfeit goods with a value of VND 30,000,000 or more, if there are signs of criminal offenses, the case file shall be transferred to the competent criminal investigation authority for criminal prosecution. If the criminal investigation authority decides not to pursue criminal responsibility, administrative sanctions shall be implemented at the maximum fine level within the highest fine range prescribed for administrative violations, along with additional sanctions and remedial measures as stipulated in Articles 18, 22, and 24 of Decree No. 06/2008/ND-CP dated January 16, 2008 of the Government on administrative penalties in commercial activities.

2. For violations concerning labeling with a value of VND 1,000,000 or more, administrative sanctions shall be implemented at the maximum fine level within the highest fine range prescribed for administrative violations, along with additional sanctions and remedial measures as stipulated in Article 23 of Decree No. 06/2008/ND-CP dated January 16, 2008 of the Government on administrative penalties in commercial activities.

3. The fine ranges stipulated in points a, b, c, d, đ, e, and g, Clause 4 of Article 23 of Decree No. 06/2008/ND-CP dated January 16, 2008 of the Government on administrative penalties in commercial activities shall be applied to administrative sanctions for the act of trading goods that must have labels but do not have them.

Article 13. Sanctions for fraudulent acts concerning measurement, packaging of goods, and quality of goods and services

1. A warning or a fine from 20,000 dong to 50,000 dong shall be imposed on any of the following acts causing damage to customers if the value of the goods does not exceed 1,000,000 dong:

a) Fraud in weighing, measuring, counting, or packaging goods;

b) Fraud in the quality of goods compared to the declared quality or marked on the product label.

2. A warning or a fine from 50,000 dong to 100,000 dong shall be imposed on violations stipulated in Clause 1 of this Article if the value of the goods ranges from over 100,000 dong to 300,000 dong.

3. A fine from 100,000 dong to 200,000 dong shall be imposed on violations stipulated in Clause 1 of this Article if the value of the goods ranges from over 300,000 dong to 500,000 dong.

4. A fine from 200,000 dong to 300,000 dong shall be imposed on violations stipulated in Clause 1 of this Article if the value of the goods ranges from over 500,000 dong to 1,000,000 dong.

5. A fine from 300,000 dong to 500,000 dong shall be imposed on violations stipulated in Clause 1 of this Article if the value of the goods ranges from over 1,000,000 dong to 2,000,000 dong.

6. A fine from 500,000 dong to 700,000 dong shall be imposed on violations stipulated in Clause 1 of this Article if the value of the goods ranges from over 2,000,000 dong to 5,000,000 dong.

7. A fine from 700,000 dong to 1,000,000 dong shall be imposed on violations stipulated in Clause 1 of this Article if the value of the goods ranges from over 5,000,000 dong to 10,000,000 dong.

8. A fine from 1,000,000 dong to 1,500,000 dong shall be imposed on violations stipulated in Clause 1 of this Article if the value of the goods ranges from over 10,000,000 dong to 15,000,000 dong.

9. A fine from 1,500,000 dong to 2,000,000 dong shall be imposed on violations stipulated in Clause 1 of this Article if the value of the goods ranges from over 15,000,000 dong to 20,000,000 dong.

10. A fine from 2,000,000 dong to 3,000,000 dong shall be imposed on violations stipulated in Clause 1 of this Article if the value of the goods ranges from over 20,000,000 dong to 30,000,000 dong.

11. A fine from 3,000,000 dong to 5,000,000 dong shall be imposed on violations stipulated in Clause 1 of this Article if the value of the goods ranges from over 30,000,000 dong to 50,000,000 dong.

12. A fine from 5,000,000 dong to 7,000,000 dong shall be imposed on violations stipulated in Clause 1 of this Article if the value of the goods ranges from over 50,000,000 dong to 70,000,000 dong.

13. A fine from 7,000,000 dong to 10,000,000 dong shall be imposed on violations stipulated in Clause 1 of this Article if the value of the goods ranges from over 70,000,000 dong to 100,000,000 dong.

14. A fine from 10,000,000 dong to 15,000,000 dong shall be imposed on violations stipulated in Clause 1 of this Article if the value of the goods exceeds 100,000,000 dong.

15. The amount of the fine shall be doubled for the following cases:

a) The fraudulent act is committed by the producer, processor, assembler, refiller, filler, or packager of goods;

b) Goods or services belong to the list of price-stabilized items as prescribed by law.

16. Additional sanctions and measures to remedy consequences:

a) Compel the violator to compensate the customer for losses caused by violations stipulated in this Article; if the customer cannot be identified, confiscate the proceeds obtained through fraud into the state budget;

b) Suspend the right to use the business qualification certificate, various licenses issued, or suspend the right to use without a time limit of more than twelve months in case of repeated violations or recidivism of violations stipulated in this Article.

Chapter III

AUTHORITY AND PROCEDURES FOR SANCTIONS

Article 14. Competence to impose administrative penalties

1. Competence to impose administrative penalties of People's Committees at all levels

a) The Chairman of the People's Committee at the commune level has the authority to impose administrative penalties on violations stipulated in this Decree in accordance with Article 28 of the Administrative Violations Handling Ordinance 2002 and the Ordinance amending and supplementing certain articles of the Administrative Violations Handling Ordinance 2008.

b) The Chairman of the People's Committee at the district level has the authority to impose administrative penalties on violations stipulated in this Decree in accordance with Article 29 of the Administrative Violations Handling Ordinance 2002 and the Ordinance amending and supplementing certain articles of the Administrative Violations Handling Ordinance 2008.

c) The Chairman of the People's Committee at the provincial level has the authority to impose administrative penalties on violations stipulated in this Decree in accordance with Article 30 of the Administrative Violations Handling Ordinance 2002.

2. Competence to impose administrative penalties of Market Management Agencies

The authorized person of the Market Management Agency stipulated in Article 37 of the Administrative Violations Handling Ordinance 2002 has the authority to impose administrative penalties on violations stipulated in this Decree within their jurisdiction and administrative violations related to goods and service prices according to the Government's Decree on administrative penalties for violations in the price sector.

3. Competence to impose administrative penalties of Police agencies, Customs, Border Guard, Coast Guard, and specialized inspection agencies

a) The Head of the Police Department at the district level, the Head of the Provincial Police Department's Economic Investigation and Public Office Crime Investigation Division, the Director of the Provincial Police Department, and the Director of the Economic Investigation and Public Office Crime Investigation Bureau have the authority to impose administrative penalties on violations stipulated in this Decree within their jurisdiction and field of management in accordance with Clause 4, Clause 5, Clause 6, and Clause 7 of Article 31 of the Administrative Violations Handling Ordinance 2002 and the Ordinance amending and supplementing certain articles of the Administrative Violations Handling Ordinance 2008.

b) The authorized person of specialized inspection agencies has the authority to impose administrative penalties on violations stipulated in this Decree within their jurisdiction and field of management in accordance with Article 38 of the Administrative Violations Handling Ordinance 2002 and the Ordinance amending and supplementing certain articles of the Administrative Violations Handling Ordinance 2008.

c) The authorized person of the Border Guard, Coast Guard, and Customs has the authority to impose administrative penalties on violations of smuggling or illegal transportation of goods across borders stipulated in this Decree within their jurisdiction and field of management in accordance with Article 32, Article 33, and Article 34 of the Administrative Violations Handling Ordinance 2002 and the Ordinance amending and supplementing certain articles of the Administrative Violations Handling Ordinance 2008.

Article 15. Principles for determining competence to impose administrative penalties and delegation of such competence

1. The principle for determining competence to impose administrative penalties is implemented in accordance with Article 42 of the Administrative Violations Handling Ordinance 2002 and the Ordinance amending and supplementing certain articles of the Administrative Violations Handling Ordinance 2008.

2. Delegation of competence to impose administrative penalties is carried out in accordance with Article 41 of the Administrative Violations Handling Ordinance 2002 and the Ordinance amending and supplementing certain articles of the Administrative Violations Handling Ordinance 2008.

Article 16. Procedures for Administrative Offense Penalties, Handling of Contraband Items and Means of Transportation, and Enforcement of Penalty Decisions

1. The procedures for imposing administrative offense penalties, handling contraband items and means of transportation, and enforcing administrative offense penalty decisions shall be carried out in accordance with the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008.

2. The valuation of goods, contraband items, and means of transportation serving as the basis for determining fine amounts and the authority to impose administrative offense penalties shall be conducted in accordance with the provisions of Article 63 of Decree No. 06/2008/NĐ-CP dated January 16, 2008 of the Government on administrative offenses in commercial activities.

Article 17. Application of Measures to Prevent Administrative Violations and Ensure Enforcement of Administrative Offense Penalties

The application of measures to prevent administrative violations and ensure enforcement of administrative offense penalties shall be carried out in accordance with the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008.

Chapter IV

COMPLAINTS, REPORTS AND HANDLING OF VIOLATIONS

Article 18. Complaints, Reports and Resolution of Complaints and Reports

1. Individuals have the right to report to competent state agencies about acts of administrative violations committed by organizations or individuals as stipulated in this Decree, or to report acts of violation of laws by persons authorized to impose administrative offense penalties.

2. Individuals or organizations subject to administrative offense penalties, or subjected to administrative preventive measures, or their lawful representatives have the right to appeal against administrative offense penalty decisions or decisions on applying preventive measures against administrative violations according to the law on complaints and reports, or to file lawsuits at competent courts according to the law on administrative litigation procedures.

3. The procedures, time limits, authorities for complaints and reports, and resolution of complaints and reports regarding administrative offense penalties shall be implemented in accordance with the law on complaints and reports and resolution of complaints and reports.

Article 19. Handling of Violations by Persons Authorized to Impose Administrative Penalties

Persons authorized to impose administrative penalties under this Decree who engage in harassment, tolerance, cover-up of violations, failure to handle or delayed handling of violations; imposing penalties beyond their authority, on incorrect subjects, or for incorrect violations; applying incorrect forms, levels of penalties, and other measures; misappropriating or improperly using money, goods, contraband items, and means of transportation; obstructing legitimate trade flows, causing damage to traders shall be subject to disciplinary action or criminal prosecution and compensation for damages according to the law depending on the nature and severity of the violation.

Chapter V

IMPLEMENTING PROVISIONS

Article 20. Effective Date

1. This Decree shall take effect fifteen days from the date of publication in the Official Gazette.

2. Abolish previous regulations that conflict with this Decree.

Article 21. Responsibility for Implementation

1. The Minister of Industry and Trade shall be responsible for guiding the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of provincial People's Committees directly under the central government shall be responsible for implementing this Decree./.