Decree No. 112/2010/ND-CP amending and supplementing certain articles of Decree No. 06/2008/ND-CP dated January 16, 2008, of the Government on administrative penalties for violations in commercial activities.

DECREE

Amending and supplementing some articles of Decree No. 06/2008/NĐ-CP dated January 16, 2008

of the Government 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 Administrative Violation Handling Law dated July 2, 2002 and the Law Amending and Supplementing Some Articles of the Administrative Violation Handling Law dated April 2, 2008 (hereinafter referred to as the Law);

Considering the proposal of the Minister of Industry and Trade,

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 06/2008/NĐ-CP dated January 16, 2008 of the Government on administrative penalties for violations in commercial activities, as follows:

1. Clause 4 shall be amended and supplemented as follows:

"Article 4. Principles of penalty

The principles of administrative penalties for violations in commercial activities shall be implemented in accordance with Article 3 of the Law and Article 3 of Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain provisions of the Law (hereinafter referred to as Decree No. 128)."

a) A customs declaration form for imported goods according to the information criteria specified in Model No. 01 - Declaration Form for Imported Goods attached as Appendix I to Circular No. 39/2018/TT-BTC dated April 20, 2018, issued by the Minister of Finance.

"Article 5. Mitigating circumstances and aggravating circumstances

The mitigating or aggravating circumstances applied to administrative penalties for violations in commercial activities stipulated in this Decree shall be implemented in accordance with Article 8, Article 9 of the Law and Article 6 of Decree No. 128."

5. Clauses 7, 8, and 9 of Article 10 shall be amended and supplemented as follows:

"5. Calculation of the statute of limitations for administrative penalties in commercial activities shall be carried out in accordance with the provisions of Article 9 of Decree No. 128."

4. Clause 6 of Article 6 is amended and supplemented as follows:

"6. In cases where the time limit prescribed in Clause 1, Clause 2, Clause 3, and Clause 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 provided for in Clause 3 of Article 12 of the Law if this Decree provides for the application of remedial measures for such administrative violation."

5. Article 7 is amended and supplemented as follows:

"Article 7. Time period considered as not having been administratively penalized

1. The time period considered as not having been administratively penalized in commercial activities shall be implemented in accordance with the provisions of Clause 1 of Article 11 of the Law and Article 7 of Decree No. 128.

2. The calculation of the time period considered as not having been administratively penalized in commercial activities shall be implemented in accordance with the provisions of Article 9 of Decree No. 128."

6. Point b of Clause 3 of Article 8 is amended and supplemented as follows:

"b) Confiscation of objects and means used to commit administrative violations shall be applied when this Decree provides for the application of supplementary administrative penalties for such administrative violations. Objects and means of administrative violations include items, money, goods, tools, and means directly related to the violation. Objects and means of administrative violations that have been illegally appropriated or used by the violator shall not be confiscated and shall be returned to the rightful owner or lawful manager or user in accordance with the provisions of Clause 2 of Article 17 of the Law and Clause 2 of Article 12 of Decree No. 128."

7. Clause 6 of Article 8 is amended and supplemented as follows:

"6. In cases where the decision on administrative penalties is made beyond the time limit prescribed in Clause 1 of Article 56 of the Law and Article 23 of Decree No. 128, the authority authorized to impose penalties shall not issue a decision on administrative penalties, but must still issue a decision to confiscate prohibited objects and means of administrative violations and apply remedial measures if this Decree provides for supplementary administrative penalties of confiscation and remedial measures for such administrative violations."

8. Clause 2 of Article 9 is amended and supplemented as follows:

"2. The authority authorized to impose administrative penalties in commercial activities must impose penalties within their jurisdiction. The delegation of authority to impose administrative penalties shall be carried out in accordance with the provisions of Article 41 of the Law and Article 16 of Decree No. 128."

9. Article 10 is amended and supplemented as follows:

"Article 10. Violations concerning Business Registration Certificate

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for engaging in business activities outside the scope, products, and locations specified in the Business Registration Certificate.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for conducting business under the form of a business without a Business Registration Certificate as required.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed 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 shall be imposed in cases of trading in goods or services listed in the restricted trade or conditional trade 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 a permit.

5. The provisions from Clause 1 to Clause 4 of this Article also apply to administrative penalties for violations concerning Investment License, Investment Certificate, and Branch Registration Certificate or Representative Office Registration Certificate of enterprises in provinces and cities."

10. Article 11 is amended and supplemented as follows:

“Article 11. Violations concerning Business Registration Certificate for Individual Households

1. A warning or a fine of VND 100,000 to VND 300,000 shall be imposed for engaging in business activities outside the scope, products, and locations specified in the Business Registration Certificate for Individual Households.

2. A fine of VND 300,000 to VND 500,000 shall be imposed for conducting business under the form of an individual household without a Business Registration Certificate as required.

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

4. A fine twice the amount specified in Clauses 1 to 3 of this Article shall be imposed in cases of trading in goods or services listed in the restricted trade or conditional trade 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 a permit."

11. Article 12 is amended and supplemented as follows:

"Article 12. Administrative Penalties for Business Registration Violations

For administrative violations concerning business registration procedures, business premises, business locations, commercial signs of traders, and other violations regarding the Enterprise Registration Certificate and Business Household Registration Certificate, penalties shall be applied according to the provisions on administrative sanctions in relevant areas of state management.

12. Article 18 is amended and supplemented as follows:

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 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 20,000,000 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 20,000,000 to VND 30,000,000 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 from VND 30,000,000 to VND 35,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article with a value of VND 100,000,000 or more if criminal responsibility is not pursued.

9\. A fine twice the amount specified in Clauses 1 to 8 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, crafting, recycling, sorting, assembly, repackaging, refilling, packaging, or importing prohibited goods.

b\. Prohibited goods are hazardous chemicals, human medicines, veterinary drugs, plant protection products, food additives, food processing aids, irradiated foods, genetically modified foods, and medical devices not permitted for use in Vietnam.

10\. The fines specified in Clauses 1 to 9 of this Article shall also be applied to impose sanctions on:

a\. The owner of the transport vehicle or the driver who transports prohibited goods.

b\. The owner of warehouses, wharfs, or residences who store or conceal prohibited goods.

c\. Individuals or organizations engaged in logistics services who deliver prohibited goods.

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

a\. Compel the destruction of goods or items harmful to human health, animals, plants, the environment, educational toys harmful to children's character and health, and harmful cultural products for violations stipulated in this Article. In cases where the compulsory destruction measure cannot be implemented or the violator does not carry out the destruction, confiscate for destruction in accordance with regulations.

b\. Confiscate prohibited goods for violations stipulated in this Article, except in cases where the provisions of point a, Clause 11 of this Article have been applied.

c\. Confiscate tools, means of transportation used to produce, process, manufacture, craft, recycle, sort, assemble, repack, refill, or package prohibited goods in cases where the provisions of point a, Clause 9 of this Article have been violated.

d\. Confiscate vehicles transporting prohibited goods for violations stipulated in points a and c, Clause 10 of this Article if the violation is intentional and falls into one of the following situations: the value of the prohibited goods exceeds VND 70,000,000; repeated offenses; using license plates that do not belong to the transport vehicle or license plates not issued by competent authorities; the vehicle has been modified for transporting prohibited goods; acts of evading or obstructing law enforcement officers, except in cases provided for in Clause 2 of Article 17 of the Ordinance and Clause 2 of Decree No. 128.

13. Article 22 is amended and supplemented as follows:

Article 22. Sanctions for the act of trading in smuggled goods

1\. A warning or a fine from VND 300,000 to VND 500,000 shall be imposed for the act of trading in smuggled goods with a value up to VND 5,000,000.

2\. A fine from VND 500,000 to VND 1,000,000 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 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 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 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 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 30,000,000 to VND 50,000,000.

6\. A fine from VND 5,000,000 to VND 7,000,000 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 7,000,000 to VND 10,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article with a value from over VND 70,000,000 to under VND 100,000,000.

8\. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article with a value from over VND 100,000,000.

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

a\. Smuggled goods belong to the list of goods prohibited from importation or temporarily suspended from importation.

b\. The violator is the person directly smuggling such goods.

10\. If the violator is the person directly smuggling goods with a value of VND 100,000,000 or more and is not subject to criminal prosecution, administrative sanctions shall be imposed according to the fines specified in Clauses 8 and 9 of this Article.

11\. The fines specified in Clauses 1 to 10 of this Article shall also be applied to impose sanctions on:

a) The owner of the transport vehicle or the person controlling the transport vehicle intentionally transports smuggled goods;

b) The owner of warehouses, wharfs, yards, or residences intentionally harbors or conceals smuggled goods;

c) Individuals or organizations providing cargo handling services intentionally handle smuggled goods.

12. In cases where smuggled goods fall under the list of prohibited goods, administrative penalties shall be imposed according to Article 18 of this Decree; for smuggled goods such as alcohol and tobacco, the provisions on administrative penalties for the illegal importation of alcohol and tobacco shall apply.

13. Additional forms of punishment and measures to address consequences:

a) Order the destruction of goods or items harmful to human health, livestock, crops, the environment, educational toys harmful to children's character and health, and harmful cultural products, in violation of the provisions of this Article. If it is not possible to implement the destruction measure or if the violator does not carry out the destruction, the goods will be confiscated for destruction in accordance with the regulations;

b) Confiscate smuggled goods in violation of the provisions of this Article, except in cases where the measure provided for in point a of Clause 13 of this Article has already been applied;

c) Confiscate the means of transportation used to transport smuggled goods in violation of points a and c of Clause 11 of this Article, if the goods are valued at VND 100,000,000 or more; if there are repeated violations or recidivism; if the license plate is not that of the transportation means or if the license plate of the transportation means was not issued by the competent state management agency; if the transportation means has been modified for smuggling purposes; or if there is an act of evading or obstructing law enforcement officers, except in cases stipulated in Clause 2 of Law Decree 128 and Clause 2 of Decree No. 128.

14. Article 23 shall be amended and supplemented as follows:

Article 23. Violations concerning product labeling

1. For the act of trading goods with labels (including secondary labels) that are obscured, torn, faded, illegible, or incomplete; or trading goods with labels that do not comply with the prescribed font size for Vietnamese and foreign languages, language usage, and units of measurement, the following penalties shall apply:

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

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

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

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

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

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

g) A fine of VND 5,000,000 to 7,000,000 if the value of the violating goods is from VND 70,000,000 to 100,000,000;

h) A fine of VND 7,000,000 to 10,000,000 if the value of the violating goods exceeds VND 100,000,000.

2. For the act of trading goods with labels (including secondary labels) or accompanying documents that do not contain all required information or do not correctly reflect the mandatory contents on the label according to the nature of the goods as prescribed by laws on product labeling; or trading imported goods with original labels in foreign languages but without Vietnamese secondary labels as required, the following penalties shall apply:

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

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

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

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

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

e) A fine of VND 5,000,000 to 7,000,000 if the value of the violating goods is from VND 50,000,000 to 70,000,000;

g) A fine of VND 7,000,000 to 10,000,000 if the value of the violating goods is from VND 70,000,000 to 100,000,000;

h) A fine of VND 10,000,000 to 15,000,000 if the value of the violating goods exceeds VND 100,000,000;

3. For the act of trading goods with labels containing images, drawings, writings, signs, symbols, medals, awards, and other information that does not accurately represent the true nature of the goods; or trading goods with labels (including original or secondary labels of imported goods) that have been erased, altered, or falsified, the following penalties shall apply:

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

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

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

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

đ) A fine of VND 5,000,000 to 8,000,000 if the value of the violating goods is from VND 30,000,000 to 50,000,000;

e) A fine of VND 8,000,000 to 12,000,000 if the value of the violating goods is from VND 50,000,000 to 70,000,000;

g) A fine of VND 12,000,000 to 16,000,000 if the value of the violating goods is from VND 70,000,000 to 100,000,000;

h) A fine of VND 16,000,000 to 20,000,000 if the value of the violating goods exceeds VND 100,000,000;

4. For the act of trading goods that must have a product label according to regulations but do not have such a label; trading imported goods without an original label or with an original label but it has been substituted, the penalties shall be as follows:

a) Warning or a fine from VND 500,000 to VND 1,000,000 if the value of the infringing goods 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 infringing goods is over 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 infringing goods is over 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 infringing goods is over 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 infringing goods is over 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 infringing goods is over VND 50,000,000 to VND 70,000,000;

g) A fine from VND 20,000,000 to VND 25,000,000 if the value of the infringing goods is over VND 70,000,000 to VND 100,000,000;

h) A fine from VND 25,000,000 to VND 30,000,000 if the value of the infringing goods is over VND 100,000,000;

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

a) The violation concerns the label of foodstuffs, food products, medicines for treatment, medicines for prevention, health foods, cosmetics, animal feed, fertilizers, veterinary drugs, plant protection chemicals, crop seeds, livestock breeds, cement, construction steel, motorcycle helmets;

b) The violation concerns the label of goods produced, processed, blended, manufactured, recycled, refilled, repackaged, assembled, or imported by individuals or organizations.

6. For acts of falsifying the expiration date of goods on the product label, administrative violations shall be punished in accordance with Article 26 of this Decree.

7. For the act of trading counterfeit-labeled goods or packaging as stipulated in Point b Clause 8 Article 3 of this Decree, administrative penalties shall be imposed in accordance with Article 24 of this Decree.

8. Measures to remedy consequences:

a) Order the recall of infringing goods concerning labeling circulating in the market as provided for in this Article;

b) Order the trader responsible for labeling to take measures to correct the violation concerning labeling as provided for in this Article;

c) Order the destruction of goods that do not ensure safe use for people, animals, plants, and affect the environment, as provided for in Clauses 1 to 5 of this Article. In case the measure of forced destruction cannot be applied or the violator does not carry out the destruction, confiscate for destruction in accordance with the provisions."

15. Article 24 is amended and supplemented as follows:

"Article 24. Penalties for Trading Counterfeit Goods

1. Warning or a fine from VND 300,000 to VND 500,000 for the act of trading counterfeit goods valued up to VND 1,000,000;

2. A fine from VND 500,000 to VND 1,000,000 for the violation stipulated in Clause 1 of this Article with a value 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 the violation stipulated in Clause 1 of this Article with a value 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 the violation stipulated in Clause 1 of this Article with a value 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 the violation stipulated in Clause 1 of this Article with a value 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 the violation stipulated in Clause 1 of this Article with a value from over VND 20,000,000 to under VND 30,000,000 if not subject to criminal prosecution.

7. A fine from VND 20,000,000 to VND 30,000,000 for the violation stipulated in Clause 1 of this Article with a value of VND 30,000,000 or more if not subject to criminal prosecution.

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

a) The violation is committed by an individual or organization producing, processing, blending, manufacturing, assembling, recycling, manufacturing, sorting, refilling, repackaging, or importing counterfeit goods;

b) Counterfeit goods are foodstuffs, food products, medicines for treatment, medicines for prevention, animal feed, fertilizers, veterinary drugs, plant protection chemicals, crop seeds, livestock breeds if not subject to criminal prosecution.

9. For the act of trading goods with counterfeit labels as stipulated in Point c Clause 8 Article 3 of this Decree, the relevant administrative penalty provisions in the field of state management shall apply.

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

a) Order the destruction of counterfeit goods that are unusable, ineffective, unsafe, harmful to production, human health, animals, plants, ecological environment, and the environment as provided for in this Article. In case the measure of forced destruction cannot be applied or the violator does not carry out the destruction, confiscate for destruction in accordance with the provisions;

b) Order the removal of counterfeit elements on the label or packaging of goods as provided for in this Article if it does not fall within the scope of application of the measure prescribed in Point a Clause 10 of this Article. In case the counterfeit elements on the label or packaging of goods cannot be removed or the violator does not carry out the removal, confiscate for handling in accordance with the provisions;

c) Confiscate the objects and means used to produce counterfeit goods as provided for in Point a Clause 8 of this Article."

16. Point d Clause 1 Article 30 is amended and supplemented as follows:

"d) Not organizing a trade fair or exhibition that has been registered or changing or supplementing the content of the registration when organizing a trade fair or exhibition in Vietnam without notifying in writing to the competent state agency within the prescribed time limit or without the confirmation of the competent state agency regarding the change or supplementation of the registered content."

17. Point g Clause 2 Article 30 is amended and supplemented as follows:

"g) Displaying goods at trade fairs or exhibitions without product labels or with product labels that do not comply with the provisions of the law on product labeling, except for temporarily imported goods for participation in trade fairs or exhibitions that will be re-exported thereafter;"

18. Article 61 is amended and supplemented as follows:

"Article 61. Principles for determining administrative penalty authority and delegation of administrative penalty authority

1. The principles for determining administrative penalty authority shall be implemented in accordance with the provisions of Article 42 of the Ordinance and Article 15 of Decree No. 128.

2. The delegation of administrative penalty authority shall be carried out in accordance with Article 41 of the Ordinance and Article 16 of Decree No. 128."

19. Clause 1 of Article 62 is amended and supplemented as follows:

"1. The procedures for imposing administrative penalties shall be implemented in accordance with the provisions of the Ordinance and Decree No. 128."

20. Article 63 is amended and supplemented as follows:

"Article 63. Determination of the value of evidence and means of violation as the basis for determining the fine range and penalty authority

The determination of the value of evidence and means of violation as the basis for determining the fine range and penalty authority shall be carried out in accordance with the provisions of Article 34 of Decree No. 128."

21. Article 64 is amended and supplemented as follows:

"Article 64. Application of measures to prevent administrative violations and ensure the handling of administrative violations

1. To promptly prevent administrative violations and ensure the handling of administrative violations in commercial activities, those with authority may apply the measures to prevent administrative violations and ensure the imposition of administrative penalties as stipulated in Article 43 of the Ordinance.

2. The authority, procedures for applying measures to prevent administrative violations and ensuring the imposition of administrative penalties in commercial activities shall be carried out in accordance with the provisions of Articles 44, 45, 46, 47, 48, and 49 of the Ordinance and Article 17 of Decree No. 128."

22. Article 65 is amended and supplemented as follows:

"Article 65. Complaints, reports, and resolution of complaints and reports

The handling of complaints and reports regarding administrative penalties in commercial activities shall be carried out in accordance with the provisions of the law on complaints and reports."

23. Article 68 is amended and supplemented as follows:

"Article 68. Responsibility for Implementation

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

2. The Minister of Industry and Trade shall specify the specific forms of inspection records and decisions to be uniformly used in the inspection and administrative penalty activities of market management agencies at all levels within their areas of authority.

3. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals shall be responsible for implementing this Decree."

Article 2. Effective Date

1. This Decree takes effect from February 1, 2011.

2. Article 12 of Decree No. 107/2008/NĐ-CP dated September 22, 2008 of the Government on administrative penalties for speculative behavior, hoarding, excessive price increases, spreading false information, smuggling, and commercial fraud; and Articles 23, 24, and 25 of Decree No. 54/2009/NĐ-CP dated June 5, 2009 of the Government on administrative penalties in the field of standards, measurement, and product quality are abolished.

Article 3. Transitional Provisions

1. Administrative violations committed and recorded before the effective date of this Decree shall be subject to penalties according to the relevant provisions of Government Decrees No. 06/2008/NĐ-CP dated January 16, 2008 on administrative penalties in commercial activities; No. 107/2008/NĐ-CP dated September 22, 2008 on administrative penalties for speculative behavior, hoarding, excessive price increases, spreading false information, smuggling, and commercial fraud; and No. 54/2009/NĐ-CP dated June 5, 2009 on administrative penalties in the field of standards, measurement, and product quality.

2. For administrative violations that have been recorded but were not yet effective when this Decree was issued, if at the time of punishment this Decree has taken effect, the penalties shall be applied according to this Decree if it does not provide for administrative penalties or provides lighter forms of penalties and fines.

Article 4. Responsibilities for Implementation

The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals shall be responsible for implementing this Decree./.