Decree No. 124/2015/ND-CP Amending and supplementing certain articles of Decree No. 185/2013/ND-CP dated November 15, 2013 of the Government on administrative penalties for violations in commercial activities, production, sale of counterfeit goods, prohibited goods, and consumer protection.

DECREE

Amending and supplementing certain Articles of N |||nghị định số 185/2013/NĐ-CP ngày 15 tháng 11 năm 2013 của Cchính phủ quy định xử phạt vi phạm hành chính trong hoạt động thương mại, sản xuất, buôn bán hàng giả, hàng cấm và bảo vệ quyền lợi người tiêu dùngg

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

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;i Handling Law dated June 20, 2012"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."nhto20 tháng 6 năm 2012;

On the basis of the Investment Law dated November 26, 2014;

căn cứ Luật Doanh nghiệp ngày 26 tháng 11 year 2014;

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

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

Pursuant to the Law on Prevention of Domestic Violence dated November 21, 2007;No.ng tác hại của thuốc lá ngày 18 tháng 6 năm 2012;

Based on the Consumer Protection Law dated November 17, 2010;

At the proposal of the Minister of Public Security;ngThương,

of the Government on attracting individuals engaged in science and technology activities who are overseas Vietnamese and foreign experts to participate in science and technology activities in Vietnam.No. điều của Nghị định số 185/2013/NĐ-CP ngày 15 tháng 11 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;13 của Chính phủ quy định xử phạt vi phạm hành ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."nh trong hoạt động thương mại, sản xuất, buôn bán hàng giả, hàng cấm và bảo vệ quyền lợi người tiêu dùng.

Điều 1. Sửa đổi, bổ sung, bãi bỏ một số điều của Nghị định số 185/2013/NĐ-CP ngày 15 tháng 11 năm 2013 của Chính phủ quy định xử phạt vi phạm hành chính trong hoạt động thương mại, sản xuất, buôn bán hàng giả, hàng cấm và bảo vệ quyền lợi người tiêu dùng

1. Bổ sung Khoản 5 Điều 1 như sau:

“5. Đối với các hành vi đầu cơ hàng hóa, găm hàng, đấu thầu hàng hóa, dịch vụ và nhượng quyền thương mại có dấu hiệu của hành vi hạn chế cạnh tranh theo quy định của pháp luật về cạnh tranh thì áp dụng quy định về điều tra và xử lý vi phạm pháp luật cạnh tranh.”

2. Sửa đổi Khoản 3 Điều 2 như sau:

“3. Tổ chức quy định tại Khoản 1 Điều này gồm cả tổ chức kinh tế là các doanh nghiệp được thành lập và hoạt động theo Luật Doanh nghiệp; hợp tác xã, liên hiệp hợp tác xã được thành lập theo Luật Hợp tác xã; các tổ chức kinh tế khác được thành lập và hoạt động theo quy định của pháp luật và các đơn vị trực thuộc của các tổ chức kinh tế nói trên; văn phòng đại diện, chi nhánh của thương nhân nước ngoài tại Việt Nam; văn phòng đại diện của tổ chức xúc tiến thương mại nước ngoài tại Việt Nam.”

3. Sửa đổi Điểm b Khoản 8 Điều 3 như sau:

“b) Hàng hóa có ít nhất một trong các chỉ tiêu chất lượng hoặc đặc tính kỹ thuật cơ bản tạo nên giá trị sử dụng, công dụng của hàng hóa chỉ đạt mức từ 70% trở xuống so với tiêu chuẩn chất lượng hoặc quy chuẩn kỹ thuật đã đăng ký, công bố áp dụng hoặc ghi trên nhãn, bao bì hàng hóa;”

4. Bổ sung Khoản 14 Điều 3 như sau:

“14. “Hàng hóa không rõ nguồn gốc, xuất xứ” là hàng hóa lưu thông trên thị trường không có căn cứ xác định được nguồn gốc nơi sản xuất hoặc xuất xứ của hàng hóa.”

5. Sửa đổi Điểm d Khoản 5 Điều 4 như sau:

“d) Buộc thu hồi tiêu hủy hoặc buộc thu hồi loại bỏ yếu tố vi phạm được áp dụng đối với các loại sản phẩm, hàng hóa quy định tại các Điều 33, 35 và 36 Luật Xử lý vi phạm hành chính mà cá nhân, tổ chức vi phạm hành chính đã tiêu thụ, đã bán còn đang lưu thông trên thị trường;”

6. Sửa đổi Khoản 2 Điều 5 như sau:

“2. Đối với tang vật là hàng giả quy định tại các Điểm a, b, c, d, đ và e Khoản 8 Điều 3 Nghị định này thì giá của tang vật là giá thị trường của hàng hóa thật hoặc hàng hóa có cùng tính năng, kỹ thuật, công dụng tại thời điểm nơi phát hiện vi phạm hành chính theo quy định tại Điểm d Khoản 2 Điều 60 Luật Xử lý vi phạm hành chính. Trường hợp không xác định được giá như trên thì xác định giá trị theo quy định tại Khoản 1 Điều này.”

7. Sửa đổi Điều 6 như sau:

“Điều 6. Hành vi vi phạm về hoạt động kinh doanh theo Giấy chứng nhận đăng kintention business.

1. Phạt tiền từ 1.000.000 đồng đến 2.000.000 đồng đối với hành vi hoạt động kinh doanh không đúng địa điểm, trụ sở ghi trong Giấy chứng nhận đăng ký kinh doanh.

2. Phạt tiền từ 2.000.000 đồng đến 3.000.000 đồng đối với hành vi hoạt động kinh doanh dưới hình thức hộ kinh doanh mà không có Giấy chứng nhận đăng ký hộ kinh doanh theo quy định.

3. Phạt tiền từ 3.000.000 đồng đến 5.000.000 đồng đối với hành vi hoạt động kinh doanh dưới hình thức doanh nghiệp mà không có Giấy chứng nhận đăng ký doanh nghiệp theo quy định.

4. Phạt tiền từ 5.000.000 đồng đến 10.000.000 đồng đối với hành vi tiếp tục hoạt động kinh doanh trong thời gian bị cơ quan quản lý nhà nước có thẩm quyền đình chỉ hoạt động hoặc thu hồi Giấy chứng nhận đăng ký kinh doanh.

5. Phạt tiền gấp hai lần mức tiền phạt đối với hành vi vi phạm quy định từ Khoản 1 đến Khoản 4 Điều này trong trường hợp kinh doanh ngành, nghề thuộc danh mục ngành, nghề đầu tư kinh doanh có điều kiện.”

8. Amend Article 7 as follows:

“Điều 7. Hành vi vi phạm về hoạt động kinh doanh theo Giấy phép kinh doanh

1. Phạt cảnh cáo hoặc phạt tiền từ 500.000 đồng đến 1.000.000 đồng đối với hành vi tự viết thêm, tẩy xóa, sửa chữa nội dung ghi trong Giấy phép kinh doanh hàng hóa, dịch vụ hạn chế kinh doanh.

2. Imposing a fine from VND 1,000,000 to VND 3,000,000 for one of the following acts of violation:

a) Cho thuê, cho mượn, cầm cố, thế chấp, bán, chuyển nhượng Giấy phép kinh doanh hàng hóa, dịch vụ hạn chế kinh doanh;

b) Thuê, mượn, nhận cầm cố, nhận thế chấp, mua, nhận chuyển nhượng Giấy phép kinh doanh hàng hóa, dịch vụ hạn chế kinh doanh.

3. Phạt tiền từ 3.000.000 đồng đến 5.000.000 đồng đối với hành vi kinh doanh không đúng phạm vi, đối tượng, quy mô, thời gian, địa bàn, địa điểm, mặt hàng ghi trong Giấy phép kinh doanh hàng hóa, dịch vụ hạn chế kinh doanh được cấp.

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

a) Kinh doanh hàng hóa, dịch vụ hạn chế kinh doanh mà không có Giấy phép kinh doanh hàng hóa, dịch vụ hạn chế kinh doanh theo quy định;

b) Kinh doanh hàng hóa, dịch vụ hạn chế kinh doanh khi Giấy phép kinh doanh hàng hóa, dịch vụ hạn chế kinh doanh được cấp đã hết hiệu lực;

c) Sử dụng Giấy phép kinh doanh hàng hóa, dịch vụ hạn chế kinh doanh của thương nhân khác để kinh doanh.

5. Phạt tiền từ 10.000.000 đồng đến 15.000.000 đồng đối với hành vi tiếp tục hoạt động kinh doanh trong thời gian bị cơ quan quản lý nhà nước có thẩm quyền đình chỉ hoạt động, tước quyền sử dụng hoặc thu hồi Giấy phép kinh doanh hàng hóa, dịch vụ hạn chế kinh doanh.

6. Phạt tiền gấp hai lần mức tiền phạt quy định từ Khoản 1 đến Khoản 5 Điều này đối với đối tượng hoạt động sản xuất công nghiệp hoặc kinh doanh phân phối, bán buôn sản phẩm rượu, sản phẩm thuốc lá và nguyên liệu thuốc lá thực hiện hành vi vi phạm hành chính.

7. Additional forms of administrative sanction:

Tước quyền sử dụng Giấy phép kinh doanh hàng hóa, dịch vụ hạn chế kinh doanh từ 01 tháng đến 03 tháng đối với hành vi vi phạm quy định tại Điểm a Khoản 2 và Khoản 3 Điều này trong trường hợp vi phạm nhiều lần hoặc tái phạm.”

9. Sửa đổi tên Điều 10 như sau:

“Điều 10. Hành vi sản xuất, buôn bán, vận chuyển, tàng trữ, giao nhận hàng cấm”

10. Sửa đổi Điểm a Khoản 3 Điều 10 như sau:

"a) A person engaging in the act of transporting prohibited goods;"

11. Amend Clause 4 Article 13 as follows:

"4. Measures to remedy consequences:

a) Order the removal of the violation elements from the labels or packaging of counterfeit goods, or order the destruction of counterfeit goods for violations stipulated in this Article;

b) Order the recall and removal of the violation elements from the labels or packaging of counterfeit goods, or order the recall and destruction of counterfeit goods circulating on the market for violations stipulated in this Article;

c) Order the removal of counterfeit goods from the territory of Vietnam, or order the re-exportation of counterfeit goods for violations stipulated in this Article;

d) Order the return of the unlawful profits obtained through the implementation of the violations stipulated in this Article."

12. Amend Clause 4 Article 14 as follows:

"4. Measures to remedy consequences:

a) Order the removal of the violation elements from the labels or packaging of counterfeit goods, or order the destruction of counterfeit goods for violations stipulated in this Article;

b) Order the recall and removal of the violation elements from the labels or packaging of counterfeit goods, or order the recall and destruction of counterfeit goods circulating on the market for violations stipulated in this Article;

c) Order the return of the unlawful profits obtained through the implementation of the violations stipulated in this Article."

13. Amend Article 16 as follows:

"Article 16. Acts of producing counterfeit labels, trademarks, and packaging

1. For acts of producing counterfeit labels, trademarks, and packaging as stipulated in Point h Clause 8 Article 3 of this Decree, the fines shall be as follows:

a) Warning or a fine of VND 300,000 to VND 500,000 in cases where the number of counterfeit labels, trademarks, and packaging is less than 100 units;

b) A fine of VND 500,000 to VND 1,000,000 in cases where the number of counterfeit labels, trademarks, and packaging is from 100 units to less than 500 units;

c) A fine of VND 1,000,000 to VND 2,000,000 in cases where the number of counterfeit labels, trademarks, and packaging is from 500 units to less than 1,000 units;

d) A fine of VND 2,000,000 to VND 5,000,000 in cases where the number of counterfeit labels, trademarks, and packaging is from 1,000 units to less than 2,000 units;

đ) A fine of VND 5,000,000 to VND 10,000,000 in cases where the number of counterfeit labels, trademarks, and packaging is from 2,000 units to less than 3,000 units;

e) A fine of VND 10,000,000 to VND 15,000,000 in cases where the number of counterfeit labels, trademarks, and packaging is from 3,000 units to less than 5,000 units;

g) A fine of VND 15,000,000 to VND 20,000,000 in cases where the number of counterfeit labels, trademarks, and packaging is from 5,000 units to less than 10,000 units;

h) A fine of VND 20,000,000 to VND 30,000,000 in cases where the number of counterfeit labels, trademarks, and packaging is 10,000 units or more.

2. The fines shall be doubled for violations stipulated in Clause 1 of this Article if they fall under any of the following circumstances:

a) Counterfeit labels, trademarks, and packaging of foodstuffs, food additives, food processing aids, food preservatives, health foods, veterinary medicines, human medicines, cosmetics, medical devices, helmets;

b) Counterfeit labels, trademarks, and packaging of cleaning agents, insecticides, animal feed, fertilizers, veterinary drugs, plant protection products, crop seeds, livestock breeds, cement, construction steel.

3. Additional forms of punishment:

a) Confiscate counterfeit labels, trademarks, and packaging for violations stipulated in this Article;

b) Confiscate means of production, machinery, and other items used to produce counterfeit labels, trademarks, and packaging for violations stipulated in this Article;

c) Revoke the right to use licenses and professional certificates for three to six months for violations stipulated in this Article in cases of repeated offenses or recidivism;

d) Suspend part or all of the production activities violating regulations stipulated in this Article for three to six months.

4. Measures to remedy consequences:

a) Order the destruction of counterfeit labels, trademarks, and packaging for violations stipulated in this Article;

b) Order the recall and destruction of counterfeit labels, trademarks, and packaging circulating on the market for violations stipulated in this Article;

c) Order the return of the unlawful profits obtained through the implementation of the violations stipulated in this Article."

14. Amend Clause 2 Article 17 as follows:

"2. The fines shall be doubled for violations of importing smuggled goods stipulated in Clause 1 of this Article if they fall under any of the following circumstances:

a) The violator is the direct importer of the goods;

b) The smuggled goods belong to the list of prohibited imports or temporarily suspended imports;

c) The smuggled goods are foodstuffs, food additives, food processing aids, food preservatives, health foods, human medicines, veterinary medicines, cosmetics, cleaning agents, insecticides, medical devices, animal feed, fertilizers, veterinary drugs, plant protection products, crop seeds, livestock breeds, cement, construction steel, helmets."

15. Amend Clause 3 Article 17 as follows:

"3. The fines stipulated in Clauses 1 and 2 of this Article also apply to administrative penalties for:

a) Persons intentionally transporting smuggled goods;

b) Warehouse owners, wharfs, storage areas, house owners who intentionally store smuggled goods;

c) Persons intentionally delivering or receiving smuggled goods."

16. Amend Clause 5 Article 17 as follows:

“5. Measures to remedy consequences:

a) Order the destruction of goods, items harmful to human health, animals, plants, the environment, educational toys harmful to children's character and health, cultural products with harmful content, goods not permitted to circulate or not ensuring safe use for violations stipulated in this Article;

b) Order the recall and destruction of goods, items harmful to human health, animals, plants, the environment, educational toys harmful to children's character and health, cultural products with harmful content, goods not permitted to circulate or not ensuring safe use currently circulating on the market for violations stipulated in this Article;

c) Order the return of the unlawful profits obtained through the implementation of the violations stipulated in this Article."

17. Amend the name of Article 21 as follows:

"Article 21. Violations concerning the expiration date of goods, goods of unknown origin, and other violations"This Resolution takes effect from the date it is adopted by the National Assembly.18. Amend Point a Clause 1 Article 21 as follows:

"a) Engaging in business with goods that have exceeded the expiration date indicated on the label or packaging;"

19. Supplement Point đ Clause 1 Article 21 as follows:

"đ) Buying, selling, transporting, storing, or consuming minerals without legitimate sources."

20. Amend Point b Clause 14 Article 21 as follows:

"b) Confiscate the means of violation which are tools, machinery, or other items used to commit administrative violations for violations stipulated in Point b Clause 1 of this Article."

21. Amend Clause 15 Article 21 as follows:

"15. Measures to remedy consequences:"

“15. Remedial measures:”

a) Order the destruction of the contraband items; order the recall and destruction of contraband items currently circulating in the market for violations as stipulated in Points a and b Clause 1 of this Article;

b) Order the removal of the illegal elements on the product labels, packaging; order the recall and removal of the illegal elements on the product labels, packaging for violations as stipulated in Point d Clause 1 of this Article;

c) Order the return of the unlawful profits obtained through the implementation of the violations stipulated in this Article."

22. Amend Article 25 as follows:

"Article 25. Acts of violation concerning the sale, transportation, storage, delivery, receipt of prohibited goods being smuggled cigarettes

1. For acts of selling prohibited goods being smuggled cigarettes, the fines shall be as follows:

a) Warning or a fine from VND 500,000 to VND 1,000,000 in cases where the prohibited goods being smuggled cigarettes have a quantity under 10 packs (1 pack = 20 cigarettes, for other types of finished tobacco products smuggled, converted at 20 grams = 1 pack);

b) A fine from VND 1,000,000 to VND 2,000,000 in cases where the prohibited goods being smuggled cigarettes have a quantity from 10 packs to under 20 packs;

c) A fine from VND 2,000,000 to VND 5,000,000 in cases where the prohibited goods being smuggled cigarettes have a quantity from 20 packs to under 50 packs;

d) A fine from VND 5,000,000 to VND 10,000,000 in cases where the prohibited goods being smuggled cigarettes have a quantity from 50 packs to under 100 packs;

đ) A fine from VND 10,000,000 to VND 20,000,000 in cases where the prohibited goods being smuggled cigarettes have a quantity from 100 packs to under 200 packs;

e) A fine from VND 20,000,000 to VND 30,000,000 in cases where the prohibited goods being smuggled cigarettes have a quantity from 200 packs to under 300 packs;

g) A fine from VND 30,000,000 to VND 50,000,000 in cases where the prohibited goods being smuggled cigarettes have a quantity from 300 packs to under 400 packs;

h) A fine from VND 50,000,000 to VND 70,000,000 in cases where the prohibited goods being smuggled cigarettes have a quantity from 400 packs to under 500 packs.

2. For acts of selling prohibited goods being smuggled cigarettes with a quantity of 500 packs or more, the authority handling the case must immediately transfer the case file to the criminal investigation agency to pursue criminal responsibility according to Article 62 of the Law on Handling Administrative Violations; if the criminal investigation agency decides not to initiate a criminal case, a fine from VND 70,000,000 to VND 100,000,000 shall be imposed.

3. The fines prescribed in Clauses 1 and 2 of this Article also apply to administrative penalties for:

a) Persons who commit acts of transporting prohibited goods being smuggled cigarettes;

b) Owners of warehouses, wharves, houses who commit acts of storing prohibited goods being smuggled cigarettes;

c) Persons who commit acts of delivering or receiving prohibited goods being smuggled cigarettes.

4. Additional forms of administrative punishment:

a) Confiscate the contraband items for violations as stipulated in this Article;

b) Confiscate the means of transport used to transport prohibited goods being smuggled cigarettes in cases where the contraband items have a quantity of 500 packs or more or where there are multiple violations or recidivism for violations as stipulated in this Article;

c) Revoke the right to use the Tobacco Business License for 12 to 24 months for violations as stipulated in Clause 1 of this Article in cases of multiple violations or recidivism.”

23. Amend Point h Clause 1 Article 26 as follows:

“h) A fine from VND 30,000,000 to VND 50,000,000 in cases where the weight of the contraband goods is from 1,000 kg to under 1,500 kg;"

24. Amend Point b Clause 4 Article 26 as follows:

“b) Confiscate the means of transport used to transport smuggled tobacco raw materials in cases where the contraband items have a quantity of 2,000 kg or more or where there are multiple violations or recidivism for violations as stipulated in this Article;"

25. Repeal Point b Clause 3 Article 45.

26. Amend Article 63 as follows:

"Article 63. Acts of violation concerning the origin of exported and imported goods

1. A fine from VND 10,000,000 to VND 20,000,000 for acts of erasing, altering, or falsifying the content of the Certificate of Origin of Goods or self-certification documents of the origin of goods or approval documents for self-certification of the origin of goods issued by the competent authority.

2. A fine from VND 20,000,000 to VND 30,000,000 for acts of providing false documents or certificates to competent authorities when requesting issuance or verification of the Certificate of Origin of Goods.

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

a) Self-certifying the wrong origin of goods when approved by the competent state authority for self-certification of the origin of goods;

b) Counterfeiting the Certificate of Origin of Goods or self-certification documents of the origin of goods;

c) Providing false documents or certificates to competent authorities when requesting approval for self-certification of the origin of goods or verification of self-certification documents of the origin of goods.

4. A fine from VND 40,000,000 to VND 50,000,000 for using counterfeit Certificates of Origin of Goods or self-certification documents of the origin of goods.

5. Additional forms of punishment:

Confiscate the contraband items for violations as stipulated in this Article.

6. Measures to remedy consequences:

a) Order the return of unlawful profits obtained through the implementation of violations as stipulated in this Article;

b) Order the correction of false information about the origin of goods for violations as stipulated in this Article.”

27. Amend Article 68 as follows:

"Article 68. Acts of violation concerning the registration of standard contracts, general terms of trade

1. A fine from VND 20,000,000 to VND 30,000,000 for failing to comply with the requirements of the competent state authority regarding the cancellation or modification of the content of standard contracts, general terms of trade that violate consumer protection laws or are contrary to general principles of contract formation.

2. A fine from VND 30,000,000 to VND 50,000,000 for any of the following acts of violation:

a) Not registering or not re-registering standard contracts, general terms of trade with the competent state management authority for consumer protection as prescribed;

b) Not informing consumers of changes to standard contracts, general terms of trade as prescribed;

c) Failure to apply a standard form contract or general terms of transaction that have been registered with the competent state management agency for consumer protection in accordance with the provisions.

3. The fine shall be doubled for violations stipulated in Clauses 1 and 2 of this Article if such violations are committed in two or more provinces or centrally governed cities.

28. Amend Article 72 as follows:

"Article 72. Violations concerning remote contract formation

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of forming a remote contract with consumers in any of the following cases:

a) Failure to provide complete and clear information as required;

b) Failure to refund money within thirty days from the date the consumer unilaterally terminates the concluded contract or failure to pay interest on overdue amounts to the consumer as prescribed;

c) Limiting or hindering the consumer from unilaterally terminating the concluded contract within ten days from the date of contract formation when the organization or individual providing goods or services fails to provide correct and complete information as required;

d) Requiring or compelling the consumer to pay costs to terminate the concluded contract except for the cost of goods or services already used by the consumer.

2. Measures to remedy consequences:

Order the return of illegal profits obtained through the acts of violation specified in Point b and d Clause 1 of this Article."

29. Supplement Point e and g Clause 1 of Article 74 as follows:

"e) Failure to fully and accurately explain to the consumer the conditions of the contract and related information about the goods or services to be traded with the consumer;

g) Door-to-door sales contracts not being made in writing and provided to the consumer as required, except where the parties agree otherwise."

30. Amend Point a Clause 1 of Article 75 as follows:

"a) Failure to provide the consumer with a warranty acceptance receipt clearly stating the warranty period;"

31. Amend Article 80 as follows:

"Article 80. Other violations in relations with customers and consumers

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed on any of the following acts if the value of the traded goods or services is less than VND 5,000,000:

a) Failure to compensate, refund money, or replace goods or services due to mistakes;

b) Swapping or fraudulently substituting goods or services during delivery or service provision to customers or consumers;

c) Failure to compensate, refund money, or replace goods or services that were swapped or fraudulently substituted for customers or consumers;

d) Unilaterally removing packaging, spare parts, replacement components, promotional items, technical documentation, and user manuals when selling goods or providing services;

đ) Conducting marketing activities or direct transactions with individuals who lack civil capacity or those who have lost their civil capacity;

e) Requesting or compelling consumers to pay for goods or services provided without prior agreement with the consumer;

g) Exploiting consumers' difficult circumstances or natural disasters or epidemics to supply goods or services that do not meet quality standards.

2. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the value of the traded goods or services is between VND 5,000,000 and VND 20,000,000.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the value of the traded goods or services is between VND 20,000,000 and VND 50,000,000.

4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the value of the traded goods or services is between VND 50,000,000 and VND 100,000,000.

5. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the value of the traded goods or services is VND 100,000,000 or more.

6. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed for any of the following violations:

a) Failure to respond or respond beyond the deadline or failure to provide information, documents, or evidence as requested by the state management agency for consumer protection;

b) Refusal to accept the consumer's request for negotiation or failure to negotiate with the consumer within seven working days from the date of receiving the consumer's request as prescribed.

7. Additional forms of administrative sanction:

Suspension of business operation for a period of one to three months or suspension of the right to use the Business License, Certificate of Eligibility for Business, or Professional Certificate for a period of one to three months for repeated or recurrent violations stipulated in Clauses 1, 2, 3, 4, and 5 of this Article.

8. Measures to remedy consequences:

a) Order the recall of non-compliant goods for violations stipulated in Point g Clause 1 of this Article;

b) Order the return of illegal profits obtained through the acts of violation stipulated in Clauses 1, 2, 3, 4, and 5 of this Article."

32. Amend Article 81 as follows:

"Article 81. Violations concerning the establishment of electronic commerce websites or mobile applications (referred to as mobile applications)

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

a) Failure to supplement relevant notification documents for electronic commerce websites selling goods or mobile applications selling goods (hereinafter referred to as sales applications) as prescribed;

b) Failure to supplement relevant registration documents for electronic commerce websites providing services or mobile applications providing electronic commerce services (hereinafter referred to as service applications) as prescribed;

b) Failure to notify changes to the relevant information of electronic commerce sales websites or sales applications as prescribed after making changes and notifying the competent authority."

d) Failing to comply with the provisions on the format and standards for publishing information on the website providing electronic commerce services or the electronic commerce service application.

2. Fine from 5,000,000 VND to 10,000,000 VND for any of the following violations:

a) Providing incomplete or misleading information when notifying the competent state management agency about establishing an electronic commerce website for selling goods or an application for selling goods.

b) Publishing registration information on the website providing electronic commerce services or the electronic commerce service application that does not match the content registered with the competent state management agency.

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

a) Establishing an electronic commerce website for selling goods or an application for selling goods without notifying the competent state management agency as prescribed.

b) Failing to notify of amendments or supplements when there is a change in information related to the website providing electronic commerce services or the electronic commerce service application that has been registered with the competent state management agency as prescribed.

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

a) Establishing a website providing electronic commerce services or an electronic commerce service application without registering with the competent state management agency as prescribed.

b) Accepting the transfer of a website providing electronic commerce services or an electronic commerce service application without going through the transfer procedures or re-registering with the competent state management agency as prescribed.

c) Providing services through electronic commerce not in accordance with the registration dossier.

d) Deceiving or providing false information when registering a website providing electronic commerce services or an electronic commerce service application.

đ) Impersonating registration information on a website providing electronic commerce services or an electronic commerce service application.

e) Continuing to operate electronic commerce services after termination or revocation of registration.

5. Additional forms of punishment:

Suspension of electronic commerce activities for six months to twelve months for violations stipulated in Clause 2, Clause 3, and Point a, b, c, and d of Clause 4 of this Article in cases of repeated or recurrent violations.

6. Measures to remedy consequences:

Compulsory withdrawal of the ".vn" domain name of the electronic commerce website or compulsory removal of mobile applications from application stores or from provided addresses for violations stipulated in Point b, c, đ, and e of Clause 4 of this Article."

33. Amend Article 82 as follows:

"Article 82. Violations concerning information and transactions on electronic commerce websites or applications For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;i mobile

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

a) Failing to provide customers with complete information about the trader, organization, or individual owning the electronic commerce website or mobile application, information about goods, services, prices, transportation, delivery, payment methods, contract terms, and general transaction conditions before the customer proceeds to conclude a contract using the online ordering function on the electronic commerce website or mobile application.

b) Not allowing customers to review, supplement, modify, or confirm the transaction content before using the online ordering function on the electronic commerce website or mobile application to send a request to conclude a contract.

c) Establishing a website providing electronic commerce services or an electronic commerce service application or other online service websites without publishing transparent and complete information about the procedures and formalities for terminating contracts as prescribed.

2. Fine from 5,000,000 VND to 10,000,000 VND for any of the following violations:

a) Using links to provide information contrary or misleading compared to the information published in the area of the electronic commerce website or mobile application attached to these links.

b) Interfering with the operating system and internet browser on electronic devices accessing the electronic commerce website or mobile application to force customers to save the website or install the mobile application against their will.

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

a) Providing misleading information about the trader, organization, or individual owning the electronic commerce website or mobile application, information about goods, services, prices, transportation, delivery, payment methods, contract terms, and general transaction conditions on the electronic commerce website or mobile application.

b) Not allowing customers to store confirmation information about the transaction content after concluding a contract using the online ordering function on the electronic commerce website or mobile application.

c) Establishing a website providing electronic commerce services or an electronic commerce service application or other online service websites without providing customers with online tools to allow them to submit requests to terminate contracts when they no longer need the service.

d) Implementing the online payment function on the electronic commerce website or mobile application but without a mechanism for customers to review and confirm detailed information about each payment transaction before using this function to make payments.

đ) Failing to implement data storage regarding payment transactions conducted through its own system within the prescribed period.

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

a) Using links, emblems, or other technologies to cause confusion about the relationship with other traders, organizations, or individuals.

b) Using emblems of trust programs for electronic commerce websites or mobile applications without being officially recognized by those programs.

c) Impersonating the information of another trader, organization, or individual to participate in electronic commerce activities.

d) Failing to implement measures to ensure the safety and security of customer payment transactions.

5. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

a) Impersonating or copying the interface of an electronic commerce website or mobile application of another trader, organization, or individual to gain benefits or to cause confusion and loss of customer confidence in that trader, organization, or individual.

b) Steal, disclose, transfer, sell information related to the business secrets of traders or organizations, or personal information of consumers in electronic commerce without the consent of the relevant parties.

6. Impose a fine of from VND 40,000,000 to VND 50,000,000 for one of the following violations:

a) Deceiving customers on an electronic commerce website or mobile application;

b) Exploiting the guise of conducting electronic commerce activities to illegally raise funds from other traders, organizations, or individuals.

7. Additional forms of administrative sanction:

a) Confiscate the objects and means used to commit the violation stipulated in Clause 5 and 6 of this Article;

b) Suspend electronic commerce activities for six to twelve months for the violation stipulated in Clause 5 and 6 of this Article.

8. Measures to remedy consequences:

a) Order to correct false or misleading information for the violation stipulated in Point a of Clause 3, Points a, b, and c of Clause 4, and Point a of Clause 5 of this Article;

b) Order to revoke the ".vn" domain name of the electronic commerce website or remove the mobile application from app stores or provided addresses for the violation stipulated in Clause 5 and 6 of this Article;

b) Order to return the unlawful profits obtained from committing the violation stipulated in Clause 5 and 6 of this Article.”

34. Amend Article 83 as follows:

“Article 83. Violations in providing electronic commerce services

1. Impose a fine of from VND 1,000,000 to VND 3,000,000 for one of the following violations:

a) Not clearly publishing on the website the procedures for receiving complaints, responsibilities for handling customer complaints, and mechanisms for resolving disputes related to contracts concluded through online promotional websites or mobile applications for electronic commerce services;

b) Not publicly disclosing mechanisms for resolving disputes arising during transactions on electronic commerce trading platforms or auction websites or mobile applications for electronic commerce services;

c) Not supporting customers in protecting their legitimate rights and interests when conflicts arise with sellers during transactions on websites or mobile applications providing electronic commerce services.

2. Impose a fine of from VND 10,000,000 to VND 20,000,000 for one of the following violations:

a) Setting up an online ordering function on websites or mobile applications providing electronic commerce services that allow traders, organizations, or individuals to conclude contracts but the contract conclusion process does not comply with the provisions of the law;

b) Not ensuring the safety of personal information of consumers and information related to the business secrets of traders, organizations, or individuals participating in transactions on websites or mobile applications providing electronic commerce services.

3. Impose a fine of from VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) Not publishing the charter or publishing it on a different website than the information in the registration dossier for the website providing electronic commerce services or mobile applications for electronic commerce services confirmed by the competent state management agency;

b) Changing the contents of the charter of the website providing electronic commerce services or mobile applications for electronic commerce services without notifying users before applying the changes;

c) Not requiring traders, organizations, or individuals who are sellers on websites or mobile applications providing electronic commerce services to provide information as required;

d) Not storing the registration information of traders, organizations, or individuals participating in websites or mobile applications providing electronic commerce services;

đ) Not fully publishing information about goods or services being promoted on promotional websites or mobile applications for electronic commerce services as prescribed;

e) Establishing an online auction website or mobile application for electronic commerce services but not providing tools for sellers to announce and publicly display complete and accurate information necessary for the auctioned goods, including images and accompanying documentation;

g) Establishing an online auction website or mobile application for electronic commerce services but the technical system serving the online auction activities does not comply with the provisions of the law;

h) Not taking measures to block and remove from the electronic commerce website or mobile application information about selling goods or providing services prohibited or restricted by law;

i) Not performing the obligation to compile statistics and report as prescribed.

4. Impose a fine of from VND 30,000,000 to VND 40,000,000 for one of the following violations:

a) Not taking measures to address violations of the law discovered or reported on websites or mobile applications providing electronic commerce services;

b) Not providing information and support to state management agencies investigating violations of the law on websites or mobile applications providing electronic commerce services;

5. Impose a fine of from VND 40,000,000 to VND 50,000,000 for organizing a network of business operations or marketing for electronic commerce services where each participant must pay an initial fee to purchase the service and receive commissions, bonuses, or other economic benefits from recruiting others to join the network.

6. Additional forms of punishment:

a) Confiscate the objects and means used to commit the violation stipulated in Clause 5 of this Article;

b) Suspend electronic commerce activities for six to twelve months for the violation stipulated in Clause 5 of this Article.

7. Measures to remedy consequences:

a) Order to revoke the ".vn" domain name of the electronic commerce website or remove the mobile application from app stores or provided addresses for the violation stipulated in Clause 5 of this Article;

b) Order to return the unlawful profits obtained from committing the violation stipulated in Clause 5 of this Article.”

35. Amend Article 84 as follows:

Article 84. Violations concerning the protection of personal information in electronic commerce activities

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

a) Establishing a personal information protection policy that does not comply with regulations;

b) Not displaying the personal information protection policy in a visible location on the electronic commerce website for consumers to see.

2. Fine from 5,000,000 VND to 10,000,000 VND for any of the following violations:

a) Not displaying the personal information protection policy to consumers before or at the time of collecting personal information;

b) Not conducting checks, updates, adjustments, or deletions of personal information when requested by the subject of the information.

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

a) Not establishing a mechanism for receiving and resolving consumer complaints related to the misuse or unauthorized use of personal information;

b) Not developing, issuing, or implementing policies to ensure the safety and security of the collection and use of personal information of consumers.

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

a) Collecting personal information from consumers without their prior consent;

b) Setting up a default mechanism requiring consumers to agree to the sharing, disclosure, or use of their personal information for advertising and other commercial purposes;

c) Using personal information of consumers not in accordance with the stated purpose and scope.

5. Additional forms of punishment:

Suspension of electronic commerce activities for six to twelve months for violations stipulated in Clause 4 of this Article if they occur repeatedly or are recidivist.

6. Measures to remedy consequences:

Compel the return of any unlawful profits obtained through the implementation of violations stipulated in Clause 4 of this Article.

36. Amend Article 85 as follows:

"Article 85. Violations concerning evaluation, supervision, and certification activities in commerce ; is a document or information successfully sent, received, and stored on the System, including:

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

a) Not publishing evaluation, supervision, and certification procedures and criteria on the electronic commerce website or mobile application;

b) Not updating registration files for evaluation, supervision, and certification activities on the electronic commerce website or mobile application as required;

c) Not updating and publishing lists of electronic commerce websites or mobile applications that have been evaluated, supervised, and certified as required.

2. Impose a fine of from VND 10,000,000 to VND 20,000,000 for one of the following violations:

a) Not conducting evaluations, supervision, and certification according to published procedures and criteria;

b) Not monitoring the activities of electronic commerce websites or mobile applications that have been evaluated, supervised, and certified.

3. Impose a fine of from VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) Providing evaluation, supervision, and certification services in electronic commerce that do not conform to registered or licensed files;

b) Not fulfilling the obligation to compile statistics and report as required.

4. Impose a fine of from VND 30,000,000 to VND 40,000,000 for one of the following violations:

a) Providing evaluation, supervision, and certification services in electronic commerce without confirmation of registration or licensing as required;

b) Deceiving or providing false information when registering or applying for permission for evaluation, supervision, and certification services in electronic commerce;

c) Not cooperating with state management agencies in inspecting, supervising, and handling electronic commerce websites or mobile applications that have been marked with trust symbols but show signs of violating the law;

d) Not cooperating with state management agencies in inspecting, supervising, and handling traders or organizations that have been certified regarding personal information protection policies but show signs of violating the law;

đ) Not providing documents and supporting state management agencies in investigating illegal acts related to electronic documents stored and certified by them.

5. Imposing a fine of VND 40,000,000 to VND 50,000,000 for any of the following violations:

a) Exploiting evaluation, supervision, and certification activities in electronic commerce to gain unlawful benefits;

b) Continuing operations after termination or revocation of registration, cessation or revocation of the License for evaluation, supervision, and certification activities in electronic commerce.

6. Additional forms of punishment:

a) Revoking the right to use the License for evaluating and certifying personal information protection policies, the License for certifying electronic contracts in electronic commerce for six to twelve months for violations stipulated in Point b Clause 4 and Point a Clause 5 of this Article;

b) Suspending the activity of evaluating the credibility of electronic commerce websites or mobile applications for six to twelve months for violations stipulated in Point a and b Clause 4 and Point a Clause 5 of this Article.

7. Measures to remedy consequences:

Compel the return of any unlawful profits obtained through the implementation of violations stipulated in Clause 5 of this Article.

37. Amend Article 92 as follows:

"Article 92. Violations concerning multi-level marketing sales activities

1. Imposing a fine of VND 500,000 to VND 1,000,000 on participants in multi-level marketing who commit any of the following violations:

a) Engaging in multi-level marketing activities without a membership card as required;

b) Not presenting the membership card when introducing products or promoting sales;

c) Not providing complete information about the enterprise and the goods being sold through multi-level marketing as required when sponsoring another person to join the multi-level marketing network.

2. Imposing a fine of VND 1,000,000 to VND 3,000,000 on participants in multi-level marketing who commit any of the following violations:

a) Not complying with regulations in the operation rules and reward programs of the enterprise in the application for a Multi-Level Marketing Sales Registration Certificate;

b) Providing inaccurate or misleading information about the products being offered.

3. Imposing a fine of VND 3,000,000 to VND 5,000,000 on participants in multi-level marketing who require those wishing to join multi-level marketing to pay a certain amount of money, deposit money, or purchase a certain quantity of goods under any form to obtain the right to join the multi-level marketing network.

4. Imposing a fine of VND 5,000,000 to VND 10,000,000 on participants in multi-level marketing who provide false or misleading information about the benefits of joining multi-level marketing or the nature and functions of the goods or the activities of multi-level marketing sellers to lure others to join multi-level marketing.

5. Imposing a fine of VND 10,000,000 to VND 20,000,000 on participants in multi-level marketing who commit any of the following violations:

a) Organizing customer seminars, conferences, product introduction workshops, or training sessions without written authorization from the multi-level marketing merchant;

b) Inducing, enticing, or bribing individuals participating in another merchant's multi-level marketing network to join the multi-level marketing network of the merchant they are currently participating in;

c) Exploiting positions, powers, or social status to require others to join a multi-level marketing network or purchase goods for multi-level marketing business methods;

6. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on multi-level marketing merchants who commit any of the following violations:

a) Failing to meet all registration conditions for multi-level marketing activities as prescribed by law during the course of multi-level marketing operations;

b) Failing to complete procedures to request amendments or supplements to the Certificate of Registration for Multi-Level Marketing Activities when there are changes related to the application dossier for the Certificate of Registration for Multi-Level Marketing Activities as prescribed;

c) Failing to complete procedures to request issuance of a new Certificate of Registration for Multi-Level Marketing Activities when the original Certificate of Registration for Multi-Level Marketing Activities is lost, torn, or destroyed as prescribed;

d) Providing false information in the application dossier for the Certificate of Registration for Multi-Level Marketing Activities;

đ) Entering into multi-level marketing participation contracts with individuals who do not meet the conditions for multi-level marketing participation as prescribed by law;

e) Failing to comply with or failing to fully comply with legal obligations related to the training of multi-level marketing participants;

g) Failing to comply with or failing to fully comply with legal obligations related to the issuance, replacement, or revocation of multi-level marketing participant membership cards;

h) Failing to publicly disclose at the headquarters and provide to individuals intending to join the multi-level marketing network of the merchant the required information and documents as prescribed by law;

i) Failing to regularly monitor the activities of multi-level marketing participants to ensure compliance with the company's operational rules and reward programs;

k) Failing to deduct personal income tax from multi-level marketing participants before paying commissions, bonuses, or other economic benefits;

l) Failing to manage multi-level marketing participants through a membership card system as prescribed by law;

m) Failing to notify or providing incorrect or incomplete notifications to multi-level marketing participants about products that the company does not buy back prior to their purchase;

n) Signing contracts with multi-level marketing participants without a written form or without including all essential elements as prescribed by law;

o) Failing to return and submit the Training Instructor Certificate within fifteen working days from the date of receiving the decision to revoke the Training Instructor Certificate as prescribed;

7. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on multi-level marketing merchants who commit any of the following violations:

a) Failing to comply with regulations regarding the objects of multi-level marketing business methods or conducting multi-level marketing business methods with products not registered with the authority issuing the Certificate of Registration for Multi-Level Marketing Activities as prescribed by law;

b) Failing to comply with or failing to fully comply with legal obligations when temporarily suspending multi-level marketing operations or resuming multi-level marketing operations after a suspension period;

c) Failing to notify or failing to fully comply with legal obligations when ceasing multi-level marketing operations;

d) Conducting multi-level marketing activities in provinces or centrally-administered cities without written confirmation from the Department of Industry and Trade of such province or city regarding the acceptance of the notification dossier for multi-level marketing activities;

đ) Failing to notify or failing to fully comply with legal obligations to the Department of Industry and Trade where the conference, seminar, or training is held;

e) Failing to comply with or failing to fully comply with legal obligations to repurchase goods sold to multi-level marketing participants upon their request as prescribed by law;

g) Paying multi-level marketing participants a total value of commissions, bonuses, and other economic benefits in one year exceeding forty percent of the multi-level marketing sales revenue of the multi-level marketing company in that year;

h) Failing to comply with or failing to fully comply with legal obligations when terminating multi-level marketing participation contracts;

i) Withdrawing the deposit during the multi-level marketing operation period without written approval from the authority issuing the Certificate of Registration for Multi-Level Marketing Activities as prescribed;

k) Failing to complete the deposit signing procedure or failing to provide a written confirmation of the new deposit payment to the authority issuing the Certificate of Registration for Multi-Level Marketing Activities when the headquarters is relocated to another province or centrally-administered city;

l) Failing to comply with or failing to fully comply with legal obligations to report periodically on multi-level marketing operations to competent state authorities;

m) Failing to notify the Department of Industry and Trade of provinces or centrally-administered cities where the company conducts multi-level marketing operations after amending or supplementing the Certificate of Registration for Multi-Level Marketing Activities;

n) Announcing the organization of seminars, conferences, or training but failing to comply with the announced content;

8. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on the act of conducting multi-level marketing business methods without registering multi-level marketing activities with competent state authorities;

9. The fine amount shall be doubled for violations stipulated in Clause 8 of this Article if the violation is committed across two or more provinces or centrally-administered cities.

10. Measures to address consequences:

a) Compel the return of the unlawful profits obtained due to administrative violations as stipulated in this Article;

b) Compel the correction of false information or information causing confusion for violations as stipulated in Point c Clause 1, Point b Clause 2 and Clause 4 of this Article.”

38. Amend Article 100 as follows:

“Article 100. Competence to Draft Administrative Violation Records

Those individuals with the authority to impose administrative penalties as specified from Article 101 to Article 103 of this Decree and Coast Guard officers performing their duties have the authority to draft administrative violation records for administrative violations as specified in this Decree according to their functions, tasks, and granted powers.”

39. Amend Article 103 as follows:

“Article 103. Division of Authority between People's Public Security, Customs, Border Guard, Coast Guard, and Inspection

1. Individuals with the authority of the People's Public Security agency have the authority to impose administrative penalties, apply measures to remedy consequences for administrative violations as specified in this Decree according to the authority prescribed in Article 103a of this Decree and their functions, tasks, and granted powers.

2. Individuals with the authority of the Customs agency have the authority to impose administrative penalties, apply measures to remedy consequences for administrative violations as specified in Section 9 Chapter II and other administrative violations related to export, import, temporary import for re-export, temporary export for re-import, transshipment of goods as specified in Articles 11, 13, 15, 17, 18, 21, 25, 26, 27, 29, 33, 41, 42, 49, 50, 53, 90, and 91 of this Decree according to the authority prescribed in Article 103b of this Decree and their functions, tasks, and granted powers.

3. Individuals with the authority of the Border Guard have the authority to impose administrative penalties, apply measures to remedy consequences for administrative violations as specified in Section 2 Chapter II and Articles 17, 21, 25, 55, and 91 of this Decree according to the authority prescribed in Article 103c of this Decree and their functions, tasks, and granted powers.

4. Individuals with the authority of the Coast Guard have the authority to impose administrative penalties, apply measures to remedy consequences for administrative violations as specified in Section 2 Chapter II and Articles 17, 21, 25, 26, 55, 56, 59, 61, and 91 of this Decree according to the authority prescribed in Article 103d of this Decree and their functions, tasks, and granted powers.

5. Individuals with the authority of the Inspection agency have the authority to impose administrative penalties, apply measures to remedy consequences for administrative violations as specified in this Decree according to the authority prescribed in Article 103đ of this Decree and their functions, tasks, and granted powers.”

40. Supplement Article 103a as follows:

“Article 103a. Authority of the People's Public Security

1. Public security officers performing their duties have the authority to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND.

2. The Station Commander, the Team Leader of the person prescribed in Clause 1 of this Article have the right to:

a) To issue warnings;

b) Impose a fine up to 1,500,000 VND.

3. Chiefs of public security stations at commune level, chiefs of public security posts, and chiefs of public security checkpoints at border gates and export processing zones have the authority to:

a) To issue warnings;

b) Impose fines up to 2,500,000 VND;

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply remedial measures as stipulated at Points a, c, and đ Clause 1 of Article 28 of the Law on Handling Administrative Violations.

4. The Head of the County Public Security Office; the Heads of the Departments under the Highway and Railway Traffic Police Bureau, the Waterway Traffic Police Bureau; the Heads of the Departments under the Provincial Public Security Office including the Department of Administrative Management for Social Order, the Department of Social Order, the Department of Investigation of Social Order Crimes, the Department of Investigation of Economic and Official Position Crimes, the Department of Drug Crime Investigation, the Highway and Railway Traffic Police Department, the Waterway Traffic Police Department, the Environmental Crime Prevention Department, the Internal Political Security Department, the Economic Security Department, the Cultural and Ideological Security Department, the Information Security Department have the authority:

a) To issue warnings;

b) To impose fines up to VND 25,000,000 for violations as specified in Section 2 Chapter II and Article 25 of this Decree; impose fines up to VND 20,000,000 for other violations as specified in this Decree;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b of this Clause;

đ) To apply remedial measures as stipulated at Points a, c, đ, and k Clause 1 of Article 28 of the Law on Handling Administrative Violations.

5. The Director of the Provincial Police Department has the authority to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000 for violations as specified in this Decree;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b of this Clause;

đ) To apply remedial measures as stipulated at Points a, c, đ, i, and k Clause 1 of Article 28 of the Law on Handling Administrative Violations.

6. The Directors of the Internal Political Security Bureau, the Economic Security Bureau, the Cultural and Ideological Security Bureau, the Information Security Bureau, the Administrative Management for Social Order Bureau, the Social Order Crime Investigation Bureau, the Economic and Official Position Crime Investigation Bureau, the Drug Crime Investigation Bureau, the Highway and Railway Traffic Police Bureau, the Waterway Traffic Police Bureau, the Environmental Crime Prevention Bureau, the High-Tech Crime Prevention Bureau have the authority:

a) To issue warnings;

d) Applying remedial measures as stipulated in Points d, e Clause 4 of this Decree."

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures as stipulated at Points a, c, đ, i, and k Clause 1 of Article 28 of the Law on Handling Administrative Violations.”

41. Supplement Article 103b as follows:

“Article 103b. Authority to Impose Penalties of Customs

1. Customs officials performing official duties have the right to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND.

2. Chiefs of customs teams under customs branches, and chiefs of post-clearance inspection teams have the authority to:

a) To issue warnings;

b) Impose a fine up to 5,000,000 VND.

3. The Heads of the Customs Branches, the Post-Customs Control Branches, the Supervision Teams under the Provincial Customs Bureau, the Anti-Smuggling Supervision Teams, the Customs Procedures Teams, the Marine Supervision Teams, and the Intellectual Property Protection Teams under the Anti-Smuggling Investigation Bureau of the General Administration of Customs have the authority:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) To apply remedial measures as stipulated at Points d, đ, g, i, and k Clause 1 of Article 28 of the Law on Handling Administrative Violations.

4. The Directors of the Anti-Smuggling Investigation Bureau, the Post-Customs Control Bureau under the General Administration of Customs, and the Provincial Customs Bureau have the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b of this Clause;

đ) To apply remedial measures as stipulated at Points d, đ, g, i, and k Clause 1 of Article 28 of the Law on Handling Administrative Violations.

5. Chiefs of the General Department of Customs have the authority to:

a) To issue warnings;

d) Applying remedial measures as stipulated in Points d, e Clause 4 of this Decree."

c) To confiscate objects and means of administrative violations;

d) To apply remedial measures as stipulated at Points d, đ, g, i, and k Clause 1 of Article 28 of the Law on Handling Administrative Violations.

42. Supplement Article 103c as follows:

Article 103c. Competence to impose penalties of the Border Guard

1. Border Guard soldiers performing their duties have the right to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND.

2. The Station Commander, the Team Leader of the person prescribed in Clause 1 of this Article have the right to:

a) To issue warnings;

b) Impose a fine up to 2,500,000 VND.

3. The Head of a Border Guard Post, the Commander of a Border Guard Squadron, the Commander of a Border Guard District, and the Commander of a Border Gate Port Border Guard shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 25,000,000 for violations as specified in Section 2 Chapter II and Article 25 of this Decree; impose fines up to VND 20,000,000 for other violations as specified in this Decree;

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply the measures to remedy consequences specified in Points a, c, đ and k Clause 1 Article 28 of the Law on Handling Administrative Violations.

4. Commanders of provincial border guard forces and commanders of border guard fleets subordinate to the Border Guard Command have the authority to:

a) To issue warnings;

d) Applying remedial measures as stipulated in Points d, e Clause 4 of this Decree."

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures as stipulated at Points a, c, đ, i, and k Clause 1 of Article 28 of the Law on Handling Administrative Violations.”

43. Supplement Article 103d as follows

"Article 103For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;. Competence of the Coast Guard

1. Coast Guard officers performing their duties have the right to:

a) To issue warnings;

b) Impose a fine up to 1,500,000 VND.

2. The head of the Coast Guard business affairs team have the right to:

a) To issue warnings;

b) Impose a fine up to 5,000,000 VND.

3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) Apply the measures to remedy consequences specified in Points a, c and đ Clause 1 Article 28 of the Law on Handling Administrative Violations.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000 for violations as specified in Section 2 Chapter II and Article 25 of this Decree; impose fines up to VND 20,000,000 for other violations as specified in this Decree;

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply the measures to remedy consequences specified in Points a, c, d, đ and k Clause 1 Article 28 of this Law.

5. Chiefs of coast guard fleets have the authority to:

a) To issue warnings;

b) Impose a fine up to VND 50,000,000 for violations stipulated in Section 2 Chapter II and Article 25 of this Decree; impose a fine up to VND 30,000,000 for other violations stipulated in this Decree;

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply the measures to remedy consequences specified in Points a, c, d, đ and k Clause 1 Article 28 of the Law on Handling Administrative Violations.

6. Commanders of Coast Guard Zones have the right:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000 for violations stipulated in Section 2 Chapter II and Article 25 of this Decree; impose a fine up to VND 50,000,000 for other violations stipulated in this Decree;

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply the measures to remedy consequences specified in Points a, c, d, đ and k Clause 1 Article 28 of the Law on Handling Administrative Violations.

7. Commanders of the Coast Guard Command have the authority to:

a) To issue warnings;

d) Applying remedial measures as stipulated in Points d, e Clause 4 of this Decree."

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) Apply the measures to remedy consequences specified in Points a, b, c, d, đ and k Clause 1 Article 28 of the Law on Handling Administrative Violations.”

44. Supplement Article 103đ as follows:

"Article 103đ. Competence to impose penalties of the Inspectorate

1. The Inspector, and the person assigned to perform specialized inspection tasks while on duty have the authority to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply remedial measures as stipulated at Points a, c, and đ Clause 1 of Article 28 of the Law on Handling Administrative Violations.

2. The Director of the Inspectorate of the Department, the Director of the Food Safety and Hygiene Inspection Division, the Director of the Crop Production and Plant Protection Division, the Director of the Livestock and Animal Health Division, the Director of the Fisheries Division, the Director of the Quality Management Division of Forestry, Agricultural and Fishery Products under the Department of Agriculture and Rural Development and equivalent positions assigned by the Government to perform specialized inspection functions have the right:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b of this Clause;

đ) Apply the measures to remedy consequences specified in Clause 1 Article 28 of the Law on Handling Administrative Violations.

3. The Director of the Inspectorate of the Ministry, the head of agencies at the ministerial level, the General Director of the Standardization, Measurement and Quality Control Agency, the General Director of the Forest Industry Agency, the General Director of the Fisheries Agency, the General Director of the Geological and Mineral Resources Agency, the General Director of the Environment Agency, the Director of the Chemicals Agency, the Director of the Industrial Safety and Environmental Technology Agency, the Director of the Animal Health Agency, the Director of the Plant Protection Agency, the Director of the Crop Production Agency, the Director of the Livestock Raising Agency, the Director of the Quality Management Agency of Forestry, Agricultural and Fishery Products, the Director of the Processing, Trade of Forestry, Agricultural and Fishery Products and Salt Industry Agency, the Director of the Telecommunications Agency, the Director of the Radio, Television and Electronic Information Management Agency, the Director of the Press Agency, the Director of the Publishing Agency, the Director of the Drug Administration Agency, the Director of the Medical Examination and Treatment Management Agency, the Director of the Medical Environment Management Agency, the Director of the Preventive Medicine Agency, the Director of the Food Safety and Hygiene Agency and equivalent positions assigned by the Government to perform specialized inspection functions have the right:

a) To issue warnings;

d) Applying remedial measures as stipulated in Points d, e Clause 4 of this Decree."

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) Apply the measures to remedy consequences specified in Clause 1 Article 28 of the Law on Handling Administrative Violations.

4. The head of the provincial-level specialized inspection team, the head of the specialized inspection team of state management agencies assigned to perform specialized inspection functions have the authority to impose penalties according to the provisions of Clause 2 of this Article.

5. The head of the ministry-level specialized inspection team has the right:

a) To issue warnings;

b) Impose a fine up to VND 140,000,000 for violations stipulated in Section 2 Chapter II and Article 25 of this Decree; impose a fine up to VND 70,000,000 for other violations stipulated in this Decree;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

đ) Apply the measures to remedy consequences specified in Clause 1 Article 28 of the Law on Handling Administrative Violations.”

Article 2. Effective Date

This Decree takes effect from January 5, 2016.

Article 3. Responsibility for Implementation

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

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees directly under the central government, and relevant agencies, organizations, and individuals are responsible for implementing this Decree./.