Decree No. 126/2005/ND-CP on administrative sanctions for violations in the field of measurement and product quality

DECREE

Provisions on administrative penalties for violations in the field of

measurement and product quality

 

THE GOVERNMENT

 

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

Pursuant to the Measurement Ordinance dated October 6, 1999;

Pursuant to the Ordinance on Product Quality dated December 24, 1999;

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

At the proposal of the Minister of Science and Technology,

 

DECREE:

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates provisions on administrative penalties for violations in the field of measurement and product quality.

Administrative violations in the field of measurement and product quality are intentional or negligent acts of individuals, agencies, organizations (hereinafter referred to collectively as individuals, organizations) that violate state management regulations in the field of measurement and product quality without constituting a crime and according to the law must be subject to administrative penalties, including:

1. Violations of state management regulations in the field of measurement:

a) Violations of regulations on legal units of measurement;

b) Violations of regulations on verification of measuring instruments in production, business, import, repair;

c) Violations of regulations on recognition of verification capability and delegation of verification of measuring instruments;

d) Violations of regulations on measurement for prepackaged goods measured by weight or volume;

đ) Violations of regulations on measurement for retail trade measurements;

e) Other violations of laws on measurement.

2. Violations of state management regulations in the field of product quality:

a) Violations of regulations on announcing product quality standards;

b) Violations of regulations on announcing product quality conformity with Vietnamese standards, industry standards, or other standards (hereinafter referred to as announcement of conformity with standards);

c) Violations of regulations on certification of product quality conformity with Vietnamese standards, industry standards, or other standards (hereinafter referred to as certification of conformity with standards);

d) Violations of regulations on certification and recognition of quality management systems;

đ) Violations of regulations on the use of barcode numbers;

e) Violations of regulations on product quality inspection;

g) Other violations of laws on product quality.

Article 2. Applicability

1. Vietnamese individuals, organizations committing administrative violations in the field of measurement and product quality shall be subject to administrative penalties as prescribed in this Decree.

2. Foreign individuals, organizations committing administrative violations in the field of measurement and product quality within the territory of Vietnam shall also be subject to penalties as prescribed in this Decree, except where international treaties to which Vietnam is a party provide otherwise.

Article 3. Principles of Imposition of Sanctions

1. All administrative violations in the field of measurement and product quality must be detected promptly and stopped immediately. The penalty proceedings must be conducted swiftly, fairly, and thoroughly. All consequences caused by such administrative violations must be remedied in accordance with the law. Individuals, organizations shall only be subject to administrative penalties when there are administrative violations as prescribed by law.

2. Administrative penalties in the field of measurement and product quality must be carried out by persons authorized to impose penalties as provided for in Articles 25, 26, and Article 27 of this Decree.

3. An administrative violation in the field of measurement and product quality shall only be subject to one administrative penalty; if one person commits multiple administrative violations in the field of measurement and product quality, they shall be penalized for each individual violation. If the form of penalty is a fine, it shall be combined into a total fine and issued in one penalty decision. When multiple people jointly commit an administrative violation in the field of measurement and product quality, each violator shall be penalized for that violation, and the person authorized to impose penalties shall base their decision on the nature, degree of violation, background of the violator, aggravating or mitigating circumstances, and issue a penalty decision for each person jointly committing the administrative violation.

Article 4. Forms of administrative sanctions and measures to remedy consequences

1. For each administrative violation in the field of measurement and product quality, the violator must bear one of the following main forms of administrative sanction:

a) Warning: applied to minor administrative violations for the first time with mitigating circumstances;

b) Fine: based on the nature and degree of violation by the violator, the amount of fine within the prescribed monetary range shall be decided. When imposing a fine, the specific amount of the fine for a single administrative violation is the midpoint of the prescribed monetary range for that violation; if there are mitigating circumstances, the amount of the fine may be reduced but not below the minimum level of the monetary range; if there are aggravating circumstances, the amount of the fine may be increased but not above the maximum level of the monetary range;

Mitigating and aggravating circumstances of administrative violations in the field of measurement and product quality are stipulated in Articles 8 and 9 of the Ordinance on Handling Administrative Violations.

2. Depending on the nature and degree of the violation, organizations and individuals violating administrative regulations in the field of measurement and product quality may also be subject to one or more of the following supplementary forms of administrative sanctions:

a) Suspension or revocation of the right to use decisions including: approval decisions for measurement instrument models; recognition decisions for the ability to calibrate measurement instruments (or expand calibration scope); authorization decisions for measurement instrument calibration (or expand authorization calibration scope); re-recognition decisions for the ability to calibrate measurement instruments; extension authorization decisions for measurement instrument calibration; decisions regarding certification and issuance of metrology inspector cards; designation decisions for organizations to inspect product quality; certificates of conformity to standards or other licenses and certificates issued by state agencies or authorized persons in the field of measurement and product quality;

b) Confiscation of objects and means used to commit administrative violations in the field of measurement and product quality.

3. In addition to the main forms of administrative sanctions and supplementary sanctions mentioned above, organizations and individuals violating administrative regulations may also be subject to one or more of the following measures to remedy consequences:

a) Compel restoration to the original condition altered by the administrative violation;

b) Compel implementation of measures to address environmental pollution and disease spread caused by the administrative violation;

c) Compel publication of product and commodity quality standards; compel publication of conformity to standards; compel certification of conformity to standards;

d) Compel removal of marks and seals violating standard conformity regulations; compel destruction of packaging printed with marks violating standard conformity regulations; compel correction of false advertising content on mass media;

đ) Compel repair of inaccurate, damaged, or non-compliant measurement instruments; compel recording and engraving according to legal measurement unit regulations; compel repair and adjustment of measurement instruments according to approved technical specifications; compel recall of non-compliant measurement instruments put into circulation; compel re-export; compel prohibition of circulation of imported measurement instruments not in compliance with regulations;

e) Compel completion of inspection and approval procedures within the prescribed timeframe; compel completion of procedures for re-recognition of calibration capability;

g) Compel traders to weigh and measure accurately as required; repack or compel additional labeling of actual quantities;

h) Compel determination of the origin of measurement instruments; compel repacking according to specified quantities;

i) Compel recycling, destruction, or re-export of imported goods causing serious health, animal safety, hygiene, and environmental consequences as provided by law; compel recycling or re-export of imported goods with lower quality than the legally prescribed level or past their expiration date;

k) Compel recycling or change of use purpose for domestically produced goods with lower quality than the legally prescribed level but not yet in violation of mandatory health, animal safety, hygiene, and environmental regulations; compel destruction or change of use purpose for goods past their expiration date;

l) Compel recall of seals, inspection certificates, barcode usage rights certificates, and quality test results issued contrary to regulations.

Article 5. Statute of limitations for administrative offenses and period considered as not having been administratively sanctioned

1. The statute of limitations for administrative offenses prescribed in this Decree for acts of administrative violations is one year from the date such administrative violations are committed; the above period shall be two years for administrative violations in the field of export and import goods listed in the Catalogue of Products and Goods Subject to Quality Inspection issued by the Prime Minister. If the period exceeds the aforementioned time limit, no administrative sanction will be imposed but measures to remedy consequences as stipulated in Clause 3, Article 4 of this Decree will still be applied.

2. For individuals who commit acts of violating laws in the field of measurement and product quality, if they are indicted, prosecuted, or have a decision to bring the case to trial under criminal proceedings, but subsequently have a decision to terminate the investigation or terminate the case, and such act constitutes an administrative violation, they will be subject to administrative sanctions; within three days from the date of issuing the decision to terminate the investigation or terminate the case, the person issuing the decision must send the decision to the competent authority for administrative sanctions on measurement and product quality; in this case, the statute of limitations for administrative sanctions is three months from the date the competent authority for administrative sanctions receives the decision to terminate the investigation and the case file of the violation.

3. If within the time limits prescribed in Clauses 1 and 2 of this Article, individuals or organizations that violate again commit new acts of administrative violations in the field of measurement and product quality or intentionally evade or obstruct the imposition of sanctions, the aforementioned statute of limitations will not apply; the statute of limitations for administrative violations will be recalculated from the date of committing the new violation or the date of ending the evasion or obstruction.

4. Individuals or organizations subject to administrative sanctions in the field of measurement and product quality, if they do not reoffend within one year from the date of completing the execution of the administrative sanction decision or from the date the administrative sanction decision expires, will be considered as not having been administratively sanctioned.

Chapter II

FORMS OF ADMINISTRATIVE SANCTIONS AND AMOUNTS FOR VIOLATIONS

OF ADMINISTRATIVE VIOLATIONS IN THE FIELD OF MEASUREMENT

Article 6. Violations of regulations on measurement in the production of measuring instruments listed in the Catalogue of Measuring Instruments Subject to Calibration issued by the Ministry of Science and Technology

1. A fine of VND 500,000 to VND 1,000,000 for failing to conduct initial calibration when selling measuring instruments.

2. A fine of VND 1,000,000 to VND 3,000,000 for producing measuring instruments that do not conform to approved measuring instrument models.

3. A fine of VND 5,000,000 to VND 7,000,000 for producing measuring instruments before obtaining approval of the model from the competent state management agency for measurement.

4. Additional forms of administrative punishment:

Revocation of the decision approving the measuring instrument model for up to 180 days for violations as stipulated in Clause 2 of this Article.

5. Remedial measures:

a) Compel the implementation of calibration within a specified period for violations as stipulated in Clause 1 of this Article;

b) Compel the repair and adjustment of measuring instruments for violations as stipulated in Clause 2 of this Article;

c) Compel the completion of the approval procedures for the measuring instrument model within a specified period for violations as stipulated in Clause 3 of this Article.

Article 7. Acts violating regulations on inspection in the importation of measuring instruments listed in the Catalogue of Measuring Instruments Subject to Inspection issued by the Ministry of Science and Technology

1. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for the act of not conducting initial inspection of imported measuring instruments before putting them into circulation.

2. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Importing measuring instruments without approval of the competent state management agency for measurement.

b) Importing measuring instruments that do not conform to the approved model.

3. Remedial measures:

a) Compel the performance of inspection in accordance with regulations for violations stipulated in Clause 1 of this Article.

b) Compel the completion of the type approval procedures for violations stipulated in Point a, Clause 2 of this Article.

c) Compel re-exportation or prohibition of circulation or re-application for type approval of measuring instruments for violations stipulated in Point b, Clause 2 of this Article.

Article 8. Acts violating regulations on inspection in the repair of measuring instruments listed in the Catalogue of Measuring Instruments Subject to Inspection issued by the Ministry of Science and Technology

1. A warning or a fine of VND 100,000 to VND 300,000 shall be imposed on production, business, and service repair establishments of measuring instruments that fail to conduct inspections as prescribed.

2. Measures to remedy consequences:

Compel the performance of inspection within the prescribed time limit for violations stipulated in Clause 1 of this Article.

Article 9. Acts violating regulations on the business of measuring instruments listed in the Catalogue of Measuring Instruments Subject to Inspection issued by the Ministry of Science and Technology

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

a) Trading in un-inspected measuring instruments.

b) Trading in measuring instruments of unknown origin.

2. Remedial measures:

a) Compel the performance of initial inspection for violations stipulated in Point a, Clause 1 of this Article.

b) Compel the determination of the origin of measuring instruments for violations stipulated in Point b, Clause 1 of this Article.

Article 10. Acts violating regulations on measurement in retail trade, on the use of measuring instruments listed in the Catalogue of Measuring Instruments Subject to Inspection issued by the Ministry of Science and Technology, on the use of inspection seals and certificates, and on the use of inspection certificates

1. A warning or a fine of VND 100,000 to VND 300,000 shall be imposed for fraudulent weighing or measuring of goods of small value in retail trade causing damage to customers.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for fraudulent weighing or measuring of goods of large value in retail trade causing damage to customers.

3. A warning or a fine of VND 100,000 to VND 300,000 shall be imposed for any of the following acts:

a) Using measuring instruments without inspection seals or certificates as prescribed.

b) Using inspection seals or certificates that have expired.

4. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for any of the following acts:

a) Using defective or non-compliant measuring instruments.

b) Fraudulent use of inspection seals or certificates (removing, reinstalling lead seals, repairing, erasing contents in the certificate).

5. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Altering the technical condition and metrological characteristics of measuring instruments; adjusting, repairing, replacing, adding, or removing parts of measuring instruments to distort measurement results.

b) Counterfeiting inspection seals or certificates.

6. Additional forms of punishment:

Confiscate measuring instruments for violations stipulated in Point a, Clause 5 of this Article.

7. Remedial measures:

a) Compel traders to weigh or measure correctly in accordance with regulations for violations stipulated in Clauses 1 and 2 of this Article.

b) Compel the performance of inspection in accordance with regulations for violations stipulated in Clause 3 and Point b, Clause 4 of this Article.

c) Compel repair, calibration, and re-inspection for violations stipulated in Point a, Clause 4 of this Article.

d) Compel the restoration of the original condition of measuring instruments; conduct inspection in accordance with regulations for such measuring instruments for violations stipulated in Point a, Clause 5 of this Article.

đ) Compel the destruction of counterfeit inspection seals or certificates and compel the performance of inspection in accordance with regulations for violations stipulated in Point b, Clause 5 of this Article.

Article 11. Violations concerning metrological verification of measuring instruments by verification organizations

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

a) Verifying measuring instruments outside the scope recognized for verification capability or delegated verification;

b) Using decisions that have expired their validity period: decision recognizing verification capability (or expanding the scope of verification), using decision delegating verification (or expanding the scope of delegated verification) or decision re-recognizing verification capability, decision extending the delegation of verification;

c) Using standards that have exceeded their verification validity period;

d) Not conducting verification but issuing verification seals or certificates of verification for organizations or individuals engaged in trading or using measuring instruments so they can affix the verification seal or fill out the certificate of verification themselves.

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

a) Conducting verification of measuring instruments without a metrology verifier card;

b) Not complying with the verification procedures;

c) Using seals, verification labels, or certificates of verification not in accordance with regulations.

3. Additional forms of punishment:

a) Revoking the right to use the decision recognizing verification capability or delegated verification for up to 180 days for violations stipulated in points a and d, Clause 1 of this Article;

b) Revoking the right to use the metrology verifier card for up to 90 days for violations stipulated in point b, Clause 2 of this Article.

4. Measures to address consequences:

a) Compelling the recovery of certificates of verification issued in violation of regulations for violations stipulated in point b, Clause 1 of this Article;

b) Compelling the implementation of standard verification according to regulations for violations stipulated in point c, Clause 1 of this Article;

c) Compelling the recovery of seals, verification labels, or certificates of verification used in violation of regulations for violations stipulated in point c, Clause 2 of this Article;

d) Compelling the recovery of false verification seals or certificates of verification issued for violations stipulated in point d, Clause 1 of this Article. The violator must bear all costs for implementing measures to address consequences.

Article 12. Violations concerning measurement regulations for the production of prepackaged goods by quantity (weight or volume) listed in the Catalogue of Prepackaged Goods Subject to State Management on Measurement issued by the Ministry of Science and Technology

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

a) Not marking the actual quantity on packaging as required;

b) Insufficient quantity, with errors exceeding the permissible limit for the production of prepackaged goods.

2. Remedial measures:

a) Compelling the marking of the actual quantity of goods on packaging as required for violations stipulated in point a, Clause 1 of this Article;

b) Compelling the repackaging of goods to the correct quantity for violations stipulated in point b, Clause 1 of this Article.

The violator must bear all costs for implementing measures to address consequences.

Article 13. Acts of trading prepackaged goods by quantity (weight or volume) listed in the Catalogue of Prepackaged Goods Subject to State Management on Measurement issued by the Ministry of Science and Technology but not marking the actual quantity on packaging

1. A warning or a fine of VND 100,000 to VND 300,000 shall be imposed for trading goods without marking the actual quantity on packaging as required.

2. Measures to remedy consequences:

Compelling the manufacturer to supplement the marking of the actual quantity on packaging for violations stipulated in Clause 1 of this Article.

Article 14. Acts obstructing the supervision and inspection of measurement methods and techniques of measuring instruments

A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on acts of obstructing or not creating favorable conditions for persons responsible, customers, or representatives of customers to supervise and inspect measurement methods and techniques of measuring instruments as prescribed by law.

Chapter III

FORMS OF ADMINISTRATIVE SANCTIONS AND AMOUNTS FOR VIOLATIONS

ADMINISTRATIVE VIOLATIONS IN THE FIELD OF PRODUCT QUALITY

PRODUCTS, GOODS

Article 15. Acts violating regulations on announcing quality standards for goods in the production of goods listed in the Catalogue of Goods Required to Announce Quality Standards issued by the Ministry of Science and Technology

1\. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on acts of failing to announce quality standards when producing goods listed in the Catalogue of Goods Required to Announce Quality Standards.

2\. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on acts of failing to announce revised quality standards when producing goods that have changed compared to the previously announced standards.

3. Remedial measures:

a\. Order the announcement of quality standards for goods within the prescribed time limit for violations stipulated in Clause 1 of this Article;

b\. Order the announcement of revised quality standards for goods in accordance with the provisions for violations stipulated in Clause 2 of this Article.

Article 16. Acts violating regulations on announcing products and goods meeting standards in production

1\. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on acts of failing to announce goods meeting standards when producing goods listed in the Catalogue of Products and Goods Required to Announce Compliance with Standards.

2\. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on acts of failing to announce compliance with standards but affixing conformity marks or labels or advertising as having announced compliance with standards when producing goods listed in the Catalogue of Goods Required to Announce Compliance with Standards.

3. Remedial measures:

a\. Order the announcement of goods meeting standards within the prescribed time limit for violations stipulated in Clause 1 of this Article;

b\. Order the destruction of non-compliant packaging; order corrections to false advertising content on media according to the Advertising Law; order the announcement of compliance with standards according to the provisions for violations stipulated in Clause 2 of this Article. The violator must bear all costs for implementing remedial measures.

Article 17. Acts violating regulations on certificates of compliance with quality standards and activities of certifying compliance with quality standards in production

1\. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on acts of using certificates of compliance with quality standards that have expired when producing goods listed in the Catalogue of Products and Goods Required to Be Certified for Compliance with Standards.

2\. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on acts of trading goods that have not been certified for compliance with quality standards but have affixed conformity marks or labels or advertised as having been certified for compliance with quality standards.

3\. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on acts of failing to certify compliance with quality standards but producing goods listed in the Catalogue of Products and Goods Required to Be Certified for Compliance with Quality Standards.

4\. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on acts of failing to be certified for compliance with quality standards but affixing conformity marks or labels or advertising as having been certified for compliance with quality standards when producing goods listed in the Catalogue of Products and Goods Required to Be Certified for Compliance with Quality Standards.

5. Remedial measures:

a\. Order the implementation of quality certification according to the provisions for violations stipulated in Clause 1 of this Article;

b\. Order the trader of such goods to destroy packaging bearing conformity marks and order corrections to false advertising content on media according to the Advertising Law for violations stipulated in Clause 2 of this Article;

c\. Order the implementation of quality certification within the prescribed time limit for violations stipulated in Clause 3 of this Article;

d\. Order the destruction of packaging bearing conformity marks; order corrections to false advertising content on media according to the Advertising Law; order the implementation of quality certification according to the provisions for violations stipulated in Clause 4 of this Article.

The violator must bear all costs for implementing remedial measures stipulated at Point d, Clause 5 of this Article.

Article 18. Acts violating product and goods quality regulations in production activities

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on acts of producing products and goods not included in the List of Products and Goods Required to Apply Standards but with a quality level lower than the permitted limit compared to the self-declared quality level.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on acts of producing products and goods included in the List of Products and Goods Required to Apply Standards but with a quality level lower than the permitted limit compared to the declared quality level without violating mandatory regulations concerning human health, safety, hygiene, and the environment.

3. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed on acts of producing products and goods included in the List of Products and Goods Required to Apply Standards but with a quality level lower than the permitted limit compared to the declared quality level and violating mandatory regulations concerning human health, safety, hygiene, and the environment.

4. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on acts of producing products and goods not included in the List of Products and Goods Required to Obtain Quality Certification but with a quality level lower than the permitted limit compared to the certified quality level.

5. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed on acts of producing products and goods included in the List of Products and Goods Required to Obtain Quality Certification but with a quality level lower than the permitted limit compared to the certified quality level without violating mandatory regulations concerning human health, safety, hygiene, and the environment.

6. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed on acts of producing products and goods included in the List of Products and Goods Required to Obtain Quality Certification but with a quality level lower than the permitted limit compared to the certified quality level and violating mandatory regulations concerning human health, safety, hygiene, and the environment.

7. Additional forms of punishment:

a) Revocation of the right to use the certificate of conformity to standards for up to ninety days for violations stipulated in Clause 3 of this Article;

b) Revocation of the right to use the certificate of conformity to standards for up to one hundred eighty days for violations stipulated in Clause 6 of this Article.

8. Measures to remedy consequences:

a) Compelling the recycling or conversion of the purpose of use of products and goods for violations stipulated in Clauses 1, 2, and Clauses 4, 5 of this Article;

b) Compelling the recycling or destruction of substandard products and goods that may cause harm to human health, safety, hygiene, and the environment for violations stipulated in Clauses 3, 6 of this Article.

The violator must bear all costs for implementing measures to address consequences.

Article 19. Acts violating product and goods quality regulations compared to the content of published quality standards and the content of certified conformity to standards in business activities

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on acts of trading products and goods included in the List of Products and Goods Required to Apply Standards but have not announced their application of standards or included in the List of Products and Goods Required to Obtain Quality Certification but have not been certified.

2. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed on acts of misrepresenting (counterfeiting quality marks, conformity marks, certificates of conformity to standards, or other licenses and certificates issued by state agencies or authorized persons in the field of product and goods quality; providing false, untruthful, incomplete information...) regarding conformity declarations or certification of conformity to standards without violating mandatory regulations concerning human health, safety, hygiene, and the environment.

3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on acts of misrepresenting (counterfeiting quality marks, conformity marks, certificates of conformity to standards, or other licenses and certificates issued by state agencies or authorized persons in the field of product and goods quality; providing false, untruthful, incomplete information...) regarding conformity declarations or certification of conformity to standards that violate mandatory regulations concerning human health, safety, hygiene, and the environment.

4. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed on acts of intervening or influencing (substituting, swapping, reducing, mixing impurities, additives, preservation methods...) causing a reduction in quality exceeding the permitted limit compared to the declared quality level of conformity to standards or certified quality level without violating mandatory regulations concerning human health, safety, hygiene, and the environment.

5. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed on acts of intervening or influencing (substituting, swapping, reducing, mixing impurities, additives, preservation methods...) causing a reduction in quality exceeding the permitted limit compared to the declared quality level of conformity to standards or certified quality level and violating mandatory regulations concerning human health, safety, hygiene, and the environment.

6. A fine twice the amount specified in Clauses 2 to 5 of this Article shall be imposed on organizations and individuals engaged in production, processing, manufacturing, assembly, recycling, crafting, sorting, packaging, and importing products and goods.

7. A fine twice the amount specified in Clause 5 of this Article shall be imposed on high-value goods (gold, rare metals, precious stones).

8. Measures to remedy consequences:

a) Compelling the return to the production facility to redeclare or certify quality according to regulations for violations stipulated in Clause 1 of this Article;

b) Compelling the recycling or change of use purpose for products and goods violating Clauses 2 to 5 of this Article.

The violator must bear all costs for implementing measures to address consequences.

Article 20. Acts Violating Barcode Usage

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

a) Unauthorized use of national barcode numbers;

b) Use of another enterprise's barcode number that has been authorized by the competent authority without permission from the enterprise concerned.

2. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for the act of issuing a certificate of barcode usage rights beyond the authorized scope.

3. Additional forms of punishment:

Seizure of products or goods with violating barcode numbers for acts violating the provisions of Clause 1 of this Article.

4. Measures to address consequences:

a) Order the destruction of product labels bearing violating barcode numbers for acts violating the provisions of Clause 1 of this Article;

b) Order the revocation of certificates of barcode usage rights issued to enterprises beyond the authorized scope for acts violating the provisions of Clause 2 of this Article.

Article 21. Acts Violating Quality Inspection Regulations for Goods Listed in the Catalogue of Products and Goods Subject to Quality Inspection in Production, Business, Export, and Import Activities

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for failing to conduct quality inspection on goods listed in the Catalogue of Products and Goods Subject to Quality Inspection after registering for such inspection.

2. Goods listed in the Catalogue of Products and Goods Subject to Quality Inspection but whose quality is lower than the permissible limit according to the law shall be subject to penalties under Articles 18 and 19 of this Decree.

3. Remedial measures:

a) Order the implementation of quality inspections within the prescribed time frame for acts violating the provisions of Clause 1 of this Article;

b) Order the implementation of measures to rectify consequences under Articles 18 and 19 of this Decree for acts violating the provisions of Clause 2 of this Article.

Article 22. Acts Violating Quality Inspection Regulations by Organizations Designated for Quality Inspection

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

a) Conducting quality inspections before being designated by the competent state authority;

b) Failing to implement or implementing incompletely the procedures and formalities for quality inspections.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for conducting quality inspections outside the designated quality inspection field.

3. Additional forms of punishment:

Suspension of the right to use the designation decision for quality inspection organizations for acts violating the provisions of point b Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

Order the recall of quality inspection results already issued for acts violating the provisions of point a, point b Clause 1 and Clause 2 of this Article.

Article 23. Acts Violating Quality Certification and Quality Management System Recognition Regulations by Technical Service Organizations

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

a) Conducting quality certification and quality management system recognition activities by technical service organizations before being certified by the competent state authority as qualified to operate;

b) Failing to implement or implementing incompletely the procedures and formalities for assessment and certification;

c) Issuing quality certificates or recognizing quality management systems without implementing or implementing incompletely the procedures and formalities for assessment and certification;

d) Conducting quality certification and quality management system recognition activities outside the permitted operational fields.

2. Additional forms of punishment:

Suspension of the right to use the qualification certification for acts violating the provisions of point b, c and point d Clause 1 of this Article.

3. Measures to remedy consequences:

Order the recall of certificates already issued for acts violating the provisions of point a, b and point c Clause 1 of this Article.

Article 24. Acts obstructing state management activities in the field of measurement and product quality

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

a) Refusing to provide information or documents; providing false information or incomplete information and documents to state management agencies or authorized inspectors for standards, measurements, and product quality inspections without legitimate reasons;

b) Delaying or evading compliance with requests and recommendations in inspection decisions;

c) Failing to comply with or delaying compliance with requirements, conclusions, and decisions of specialized inspection bodies on measurements and product quality.

2. A fine of from five million dong to seven million dong shall be imposed for any of the following acts:

a) Unauthorized removal of seals on goods or evidence that are sealed or temporarily detained;

b) Disposing of or destroying goods or evidence that are being inspected or temporarily detained;

c) Other obstructive acts that prevent normal inspection proceedings.

Chapter IV

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTY IN THE FIELD OF MEASUREMENT AND PRODUCT QUALITY

Article 25. Authority to impose administrative penalties of specialized inspection bodies for measurements and product quality

1. Specialized inspection officers for measurements and product quality while performing their duties have the right:

a) To issue warnings;

b) To impose a fine up to two hundred thousand dong;

c) To confiscate items or means used for administrative violations valued up to two million dong;

d) To compel restoration to the original condition altered due to administrative violations;

đ) To compel implementation of measures to mitigate environmental pollution or disease spread caused by administrative violations;

e) To compel destruction of harmful items affecting human health, safety, hygiene, and the environment.

2. The Chief of specialized inspection bodies for measurements and product quality under the Department of Science and Technology at provincial level has the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To revoke the right to use licenses or certificates of practice issued by competent state authorities in the field of measurements and product quality for a limited or unlimited period;

d) Confiscate objects and means used to commit administrative violations;

đ) To apply remedial measures prescribed in points a, b, c, d, đ, e, g, h, k, l, Clause 3, Article 4 of this Decree;

3. The Chief of specialized inspection bodies under the Ministry of Science and Technology has the authority to impose administrative penalties as stipulated in Clause 3, Article 38 of the Administrative Violation Handling Ordinance including:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To revoke the right to use licenses or certificates of practice in the field of measurements and product quality issued by competent authorities in the field of measurements and product quality for a limited or unlimited period;

d) Confiscate objects and means used to commit administrative violations;

đ) To apply remedial measures prescribed in points a, b, c, d, đ, e, g, h, k, l, Clause 3, Article 4 of this Decree;

Article 26. Authority to handle administrative violations of the Chairpersons of People's Committees at commune, district, and provincial levels

1. The Chairperson of the People's Committee at commune level has the authority to impose administrative penalties in the field of measurements and product quality as stipulated in Article 28 of the Administrative Violation Handling Ordinance and to apply remedial measures prescribed in points a, b, Clause 3, Article 4 of this Decree or to compel destruction of products or goods harmful to human health, animals, safety, hygiene, and the environment.

2. The Chairperson of the People's Committee at district level has the authority to impose administrative penalties in the field of measurements and product quality as stipulated in Article 29 of the Administrative Violation Handling Ordinance and to apply remedial measures prescribed in points a, b, Clause 3, Article 4 of this Decree or to compel destruction of products or goods harmful to human health, animals, safety, hygiene, and the environment.

3. The Chairperson of the People's Committee at provincial level has the authority to impose administrative penalties in the field of measurements and product quality as stipulated in Article 30 of the Administrative Violation Handling Ordinance and to apply remedial measures prescribed in points a, b, i, and k, Clause 3, Article 4 of this Decree.

Article 27. Competence to impose administrative penalties of other agencies

Agencies such as People's Public Security, Customs, Market Management, Specialized Inspectors, and other agencies within their assigned functions, tasks, and authorities, upon discovering administrative violations in the field of product and commodity standards, measurement, and quality, shall have the authority to impose administrative penalties according to the Administrative Violation Handling Ordinance and the provisions of this Decree.

Article 28. Delegation of Authority to Handle Administrative Violations

In cases where those with the authority to impose administrative penalties as stipulated in Clauses 2 and 3 of Article 25 of this Decree, Articles 27, 28, and 29, Clauses 3, 4, 5, 6, and 7 of Article 31, Clauses 2 and 3 of Article 34, Clauses 2, 3, and 4 of Article 37, and Clauses 2 and 3 of Article 38 of the Administrative Violation Handling Ordinance are absent, their deputies shall be authorized in writing to impose administrative penalties and shall be responsible for the administrative penalty decisions they implement.

Article 29. Delimitation of Competence to Impose Administrative Penalties in the Field of Measurement and Product Quality

1. In cases where administrative violations in the field of measurement and product quality fall under the jurisdiction of multiple agencies, the agency that first accepts the case shall impose the penalty.

2. In cases where administrative violations in the field of measurement and product quality do not fall under the jurisdiction of the person currently handling the case, the file must be transferred to the competent agency to make the decision.

3. When it is found that administrative violations in the field of measurement and product quality have characteristics indicative of criminal offenses, the person currently handling the case must immediately transfer the file to the competent criminal proceedings agency to resolve the matter.

It is strictly prohibited to retain cases involving violations with signs of criminal offenses in the field of measurement and product quality for administrative penalty imposition.

Article 30. Procedures for Imposing Administrative Penalties and Implementing Administrative Penalty Decisions in the Field of Measurement and Product Quality

The procedures for imposing administrative penalties and implementing administrative penalty decisions in the field of measurement and product quality shall be carried out according to the provisions from Article 53 to Article 69 of the Administrative Violation Handling Ordinance and Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain articles of the Administrative Violation Handling Ordinance.

Chapter V

PETITIONING, REPORTING AND HANDLING VIOLATIONS

Article 31. Petitioning, Reporting, and Resolving Petitions and Reports in the Field of Measurement and Product Quality; Resolving Disputes Regarding the Quality of Products and Commodities Circulating on the Market

1. Organizations and individuals subject to administrative penalties in the field of measurement and product quality, or their legitimate representatives, have the right to petition against the administrative penalty decisions made by those with the authority to impose administrative penalties in the field of measurement and product quality.

2. Individuals have the right to report to state agencies with authority about the administrative violations committed by organizations and individuals, and to report illegal actions of those with the authority to impose administrative penalties regarding measurement and product quality.

3. Rights and obligations of petitioners and reporters; competence to resolve petitions and reports; procedures for resolving petitions and reports according to the laws on petitioning and reporting.

4. Competence to resolve disputes regarding the quality of products and commodities circulating on the market shall be implemented according to the regulations of the Ministry of Science and Technology.

Article 32. Handling of violations by persons authorized to impose administrative penalties

Persons authorized to impose administrative penalties in the field of measurement and product quality who harass, tolerate, cover up, fail to handle, or handle beyond their authority or in a timely manner as prescribed shall be subject to disciplinary action or criminal liability pursued depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

Article 33. Handling of violations by persons subject to administrative penalties

Persons subject to administrative penalties in the field of measurement and product quality who obstruct law enforcement officers, delay, evade compliance, or commit other violations shall be subject to administrative penalties or criminal liability pursued depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 34. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette and replaces Government Decree No. 57/CP dated May 31, 1997, concerning administrative penalties in the field of measurement and product quality. All previous regulations that conflict with this Decree are hereby abolished.

Article 35. Responsibility for guidance and implementation

The Minister of Science and Technology is responsible for providing detailed guidance and organizing the implementation of this Decree.

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.