Circular No. 1888/1997/TT-BKHCN guiding the implementation of Government Decree No. 57/CP dated May 31, 1997 on administrative penalties for violations in the field of measurement and product quality.

 CIRCULAR

Guidelines for implementing Decree No. 57/CP dated May 31, 1997 of the Government on administrative penalties in the fields of measurement and product quality

On May 31, 1997, the Government issued Decree No. 57/CP regulating administrative penalties in the fields of Measurement and Product Quality. The Ministry of Science, Technology, and Environment issues this Circular to guide the implementation of Decree No. 57/CP as follows:

quality of goods

On May 31, 1997, the Government issued Decree No. 57/CP on administrative penalties for violations in the fields of Measurement and Quality of Goods. The Ministry of Science, Technology, and Environment issues this Circular to guide the implementation of Decree No. 57/CP as follows:

1. General Provisions

1.1. The administrative offense must be an act violating state management regulations on measurement and product quality carried out intentionally or negligently by organizations or individuals without reaching the level of criminal prosecution.

1.2. Organizations and individuals referred to in Clause 2, Article 2 of Decree No. 57/CP shall be understood as follows:

1.2.1. Organizations include: State agencies, Vietnam Fatherland Front, member organizations of the Fatherland Front, economic organizations, social organizations, and armed units established according to Vietnamese law, representative offices, foreign enterprises, diplomatic missions, non-governmental organizations, etc., operating within the territory of Vietnam.

1.2.2. Individuals include:

- Vietnamese citizens who have full capacity under Vietnamese law.

Individuals aged from 14 to under 16 years old will only be subject to administrative penalties in the field of measurement and product quality for intentional violations and can only be warned or fined up to VND 50,000; individuals aged from 16 to under 18 years old must be subject to administrative penalties in the field of measurement and product quality for all violations they cause, which may involve the forms of administrative penalties stipulated in the provisions of Decree No. 57/CP, when imposing fines on them, the authority with jurisdiction shall apply lower fines than those applicable to adults.

Minors who commit administrative offenses causing material damage must compensate according to the law.

In cases where minors do not have money to pay fines and compensation, their parents or guardians must pay on their behalf.

Military personnel on active duty, reservists during concentrated training periods, and members of the People's Public Security forces who violate administrative regulations in the field of measurement and product quality shall be punished like other citizens.

- Foreign nationals residing, working, or traveling in Vietnam who have full capacity under Vietnamese law.

1.2.3. For foreign organizations and individuals committing violations in the field of measurement and product quality, they shall not be subject to administrative penalties under Decree No. 57/CP in the following cases:

- Cases where international treaties to which Vietnam is a party provide otherwise;

- Cases where the Ordinance on Diplomatic Privileges and Immunities provides otherwise.

1.3. Only persons specified in Articles 17, 18, and 19 of Decree No. 57/CP have the authority to impose administrative penalties in the field of measurement and product quality. Other state agencies, if they discover administrative violations in the field of measurement and product quality that fall outside their jurisdiction, must transfer such cases to the competent agency to handle the violations.

1.3.1. In cases where there is no head of office as specified in Article 17 of Decree No. 57/CP, the deputy of such positions has the authority to impose penalties as the head.

1.3.2. In cases where the heads of offices specified in Clause 2 and 3, Article 17 of Decree No. 57/CP are absent or authorized in writing by them, the deputies of such positions have the authority to impose penalties as the head.

1.4. The authority imposing administrative penalties in the field of measurement and product quality must base decisions on the nature, degree of violation, and mitigating or aggravating circumstances to determine the form, amount of penalty, and other administrative measures accurately and appropriately.

1.4.1 Mitigating circumstances as provided in Article 7 of the Ordinance on Handling Administrative Violations include:

- Organizations or individuals who have committed administrative violations have taken measures to reduce the harm caused by the violation or voluntarily remedied the consequences and compensated for losses;

- Violation occurred under mental provocation caused by illegal acts of others;

- The violator is a pregnant woman; elderly or weak person; person with illness or disability limiting their ability to understand or control their behavior;

- Violation due to particularly difficult circumstances not caused by themselves;

- Violation due to backwardness in knowledge.

1.4.2 Aggravating circumstances as provided in Article 7 of the Ordinance on Handling Administrative Violations include:

- Organized violation;

- Repeated or recidivist violations;

- Inciting or coercing minors to commit violations, forcing dependent individuals to commit violations;

- Violation while intoxicated from alcohol or other stimulants;

- Exploiting official position or power to commit violations;

- Exploiting war conditions, natural disasters, or other special difficulties in society to commit violations;

- Violation during the execution of a criminal sentence or administrative penalty decision;

- After committing a violation, taking actions to evade or conceal the administrative violation.

1.5. Principles of Administrative Penalties:

1.5.1 All administrative violations in the field of measurement and product quality must be promptly discovered and immediately stopped. The imposition of penalties must be conducted swiftly and fairly. All consequences caused by administrative violations must be remedied according to the law. Organizations or individuals causing material damage through administrative violations must compensate.

1.5.2 If a person or organization commits multiple administrative violations at the same time, they shall be penalized for each individual violation. If all violations fall within the jurisdiction of one person, a single penalty decision shall be issued, but it must clearly specify the penalty for each violation. If one of the violations requires a higher penalty than the current authority's jurisdiction allows, the entire case file and evidence shall be transferred to a higher authority to decide on the penalty.

1.5.3. Where multiple organizations or individuals jointly commit an administrative violation in the field of measurement and product quality, each organization or individual shall be subject to punishment as follows:

- In cases where they jointly carry out a violation that is closely related among them, each violating organization or individual shall be punished for that violation. The authority with the power to punish shall issue a single decision on punishment, but must clearly record the name and address of each entity being punished. If a fine is imposed, the total fine shall not exceed the highest limit of the fine range prescribed in Article 57/CP Decree for that violation.

- In cases where they jointly commit an administrative violation in a single incident, but there is no relationship between them in carrying out the violation, each organization or individual shall be punished with separate decisions on punishment. Depending on the nature and severity of the violation of each violator, the form and level of punishment shall be determined according to the provisions of Article 57/CP Decree for the violation committed by that person.

1.5.4. The authority imposing punishment shall not divide a single violation into several small violations to impose multiple punishments in accordance with their own jurisdictional powers.

1.6. Cases not subject to administrative punishment for measurement and product quality violations:

1.6.1. Exceeded the statute of limitations for punishment.

1.6.2. Administrative violations concerning measurement and product quality that have signs of criminal offenses and the competent authority for administrative punishment has transferred the case file to the competent authority for handling.

1.6.3. Administrative violations in situations of emergency, unexpected events, or when the violator suffers from mental illness or other diseases that impair cognitive ability or control over behavior.

- Emergency situations and unexpected events refer to natural disasters, enemy threats, and other unforeseeable objective obstacles that cannot be overcome despite taking all measures to mitigate them.

- In cases where the violator suffers from mental illness or other diseases that impair cognitive ability or control over behavior, confirmation by a health authority is required.

1.7. For acts of administrative violations in the field of measurement and product quality specified in Decree No. 57/CP that overlap with acts of administrative violations in the field of measurement and product quality specified in other Decrees on administrative punishment, if these acts are within the jurisdiction of specialized inspection agencies for Standards - Measurement - Quality, punishment shall be carried out according to the provisions of Decree No. 57/CP.

1.8. For complex violations that cause consequences and are difficult to determine whether they are administrative violations or have signs of criminal offenses, discussions should be held with the People's Procuratorate at the same level, and a decision on punishment should only be made after receiving a written opinion from the People's Procuratorate.

Violations in the field of measurement and product quality that have been decided to suspend investigation or exempt from criminal responsibility by the competent authority for criminal proceedings shall be subject to administrative punishment according to Decree No. 57/CP.

It is strictly prohibited to retain cases with signs of criminal offenses for administrative handling. The authority with the power to impose administrative punishment must base its actions on Circular No. 11-TT/LB dated November 20, 1990 issued by the Joint Industry of the Supreme People's Procuratorate - Supreme People's Court - Ministry of Home Affairs - Ministry of Justice guiding the handling of certain types of crimes; and Circular No. 01-TT/LB dated January 25, 1996 issued by the Joint Industry of the Supreme People's Procuratorate - Supreme People's Court - Ministry of Home Affairs regarding the criminal handling of violations of Directive 406-TTg to consider whether the violation should be pursued for criminal responsibility or administratively punished.

1.9. Where laws provide different regulations on administrative punishment for measurement and product quality violations, such punishment shall be applied according to the provisions of the Law, not according to this Decree.

1.10. The statute of limitations for administrative punishment for violations in the field of measurement and product quality is one year from the date the administrative violation was committed; this period is two years for administrative violations in the production and sale of fake goods and trading export-import products listed in the State-controlled quality inspection directory. Within this period, if an individual or organization commits a new violation or intentionally evades or obstructs punishment, the statute of limitations mentioned above shall not apply.

1.11. The period during which it is considered that administrative punishment has not been imposed is one year from the date an individual or organization completes the execution of the punishment decision or from the date the punishment decision becomes ineffective without recurrence.

2. On Acts of Violation, Forms, and Levels of Punishment

Decree No. 57/CP has specifically stipulated the acts of violation, forms, levels of punishment, and other measures for each act of violation.

2.1. On Forms of Punishment: The main form of punishment can be applied independently or supplemented with additional forms of punishment and other measures.

2.1.1. Main Forms of Punishment:

- Warning: A warning shall only be given for violations that are minor, first-time, with mitigating circumstances, and without causing consequences, as prescribed by the law.

- Fine: A fine shall only be imposed for violations that require a monetary penalty based on their nature and severity. The amount of the fine is prescribed in each clause of Decree No. 57/CP. For violations with mitigating circumstances, the fine may be lower, but not below the lowest limit of the fine range prescribed. For violations with aggravating circumstances, the fine may reach the highest limit of the fine range prescribed.

2.1.2. Additional Forms of Punishment: In addition to the main forms of punishment, depending on the nature and severity of the violation, organizations or individuals may also be subject to additional forms of punishment:

- To revoke temporarily or permanently various types of licenses, certificates, and other documents issued by competent state agencies in the field of measurement and product quality, and to immediately notify the issuing agency thereof. When discovering that a license was issued beyond authority or contains content contrary to the law, the authorized penalty authority must immediately recover it and simultaneously inform the state agency that issued the license.

- To confiscate objects and means used to commit administrative violations where the law permits confiscation.

- To temporarily suspend business operations if it is deemed likely to cause consequences related to safety, hygiene, environment, and economy; to temporarily suspend production, repair, and calibration activities of measuring instruments contrary to the law on measurement; to prohibit the use or circulation of illegal measuring instruments and packaged goods that do not meet measurement requirements.

The supplementary penalties mentioned above shall not be applied independently but must be applied together with the main penalty form when Decree No. 57/CP stipulates a supplementary penalty form.

2.1.3. Other measures: In addition to the main penalty form and supplementary penalty form, all administrative violations concerning measurement and product quality may also be required to apply other measures:

- To compel the implementation of measures to mitigate environmental pollution and disease spread caused by administrative violations.

- To compel compensation for damages caused by administrative violations: Compensation shall be carried out according to the principle of agreement between the party causing damage and the damaged party. For material losses up to VND 1,000,000 that cannot be agreed upon, the authorized penalty authority shall decide the amount of compensation; for losses exceeding VND 1,000,000, they shall be resolved through civil litigation procedures. In cases where the person entitled to compensation cannot be identified, the loss can be calculated in monetary terms and considered as contraband to be confiscated for state funds.

2.2. Regarding the determination of administrative violations in the field of measurement and product quality and the level of penalties:

Decree No. 57/CP from Article 6 to Article 16 stipulates eleven groups of administrative violations in the field of measurement and product quality, each group containing specific violations. When imposing penalties, it is necessary to base on current relevant legal documents to accurately determine the violation being penalized.

2.2.1. Violations regarding measurement in the production of measuring instruments subject to state verification are penalized according to Article 6 of Decree No. 57/CP.

2.2.2. Violations regarding measurement in the repair of measuring instruments subject to state verification are penalized according to Article 7 of Decree No. 57/CP. When applying Clause 2, Article 7 of Decree No. 57/CP, note the following points:

- Organizations and individuals who have been permitted to produce, recognized for their ability to verify, or delegated to verify measuring instruments, when performing repairs of the same type, do not need to register with the state management agency for measurement.

- Other entities when engaging in the repair of measuring instruments subject to state verification (except in cases where the owner of the measuring instrument takes care of the repair themselves) must register with the state management agency for measurement.

2.2.3. Violations regarding measurement in the sale of measuring instruments subject to state verification are penalized according to Article 8 of Decree No. 57/CP.

2.2.4. Violations regarding measurement in the use of measuring instruments subject to state verification are penalized according to Article 9 of Decree No. 57/CP.

2.2.5. Violations regarding measurement in the production of pre-packaged goods with quantity specifications are penalized according to Article 10 of Decree No. 57/CP.

2.2.6. Violations regarding measurement in the sale of pre-packaged goods with quantity specifications are penalized according to Article 11 of Decree No. 57/CP.

2.2.7. Violations concerning the announcement of standards and registration of product quality in the production of products listed in the mandatory quality registration directory or voluntary quality registration are penalized according to Article 12 of Decree No. 57/CP. When applying Point b, Clause 1, Article 12 of this Decree, note that changes from the registered quality content include changes in the list of quality indicators, quality levels, packaging appearance, and product label presentation and content.

Changes in the presentation and content of product labels are differences between the actual label used and the label accepted by the quality registration issuing agency. These differences may include:

- Changes in label layout, color, and decorative style;

- Changes in the size, color, and style of printed text and drawings on the label;

- Addition or omission of label content;

- Failure to fully record additional information required at the time of product completion such as production date, shelf life, best usage period, etc.

2.2.8. Violations concerning certification conformity in the production of goods are penalized according to Article 13 of Decree No. 57/CP. When applying Point d, Clause 2 of this article, confiscate and destroy the conformity mark and seal; compel organizations and individuals violating to cease and correct advertising statements. If this administrative violation has aggravating circumstances, the violation will be considered as producing fake goods and penalized according to Clause 1, Article 15 of Decree No. 57/CP.

2.2.9. Violations concerning product quality in sales are penalized according to Article 14 of Decree No. 57/CP. When applying this article, note the following:

- Violations of Clauses 1 and 2 require temporary suspension of circulation and finding appropriate measures to handle.

- Violations of Clause 3 compel compensation for damages caused by administrative violations; compel recycling or destruction of substandard goods that could harm human health, pollute the environment, or spread diseases.

2.2.10. Violations in the production and sale of counterfeit goods that have not reached the level requiring criminal responsibility shall be punished according to Article 15 of Decree No. 57/CP. When applying this provision, it should be noted that goods with any of the following signs shall be considered counterfeit goods:

- Goods bearing a product label that is forged, identical, or similar to the product label of another registered quality production facility;

- Goods bearing a trademark that is identical or similar enough to cause consumers to confuse it with the trademark of another protected industrial property facility or trademark protected under international treaties to which Vietnam is a party;

- Goods bearing a label that does not match the registered product label with the Quality Standards Agency;

- Goods marked with conformity to Vietnamese standards without having been issued a certificate of conformity to Vietnamese standards. If this violation has mitigating circumstances, it shall be punished according to Point d Clause 2 Article 13 of Decree No. 57/CP;

- Goods whose utility does not correspond to their origin, natural characteristics, name, and intended use but do not pose a danger to human health or environmental pollution;

2.2.11. Violations of state inspection regulations on the quality of imported and exported goods in the business of imported and exported goods listed for state quality inspection shall be punished according to Article 16 of Decree No. 57/CP.

3. On the authority and procedures for administrative penalty in the field of measurement and product quality

3.1. On the authority to impose penalties:

3.1.1. Inspectors specializing in Quality Standards - Measurement - Product Quality belonging to inspection organizations assigned the responsibility for state management of product quality according to Government Decree No. 86/CP; inspectors specializing in Quality Standards - Measurement - Product Quality belonging to the Inspection Department of Science, Technology and Environment and the General Bureau of Quality Standards - Measurement - Product Quality implement the right to impose penalties as stipulated in Clause 1 Article 17 of Decree No. 57/CP.

3.1.2. Heads of specialized inspection departments for Quality Standards - Measurement - Product Quality at provincial-level People's Committees (Heads of Departments) implement the right to impose penalties as stipulated in Clause 2 Article 17 of Decree No. 57/CP.

- For cases with complex circumstances, applying additional penalties where the value of seized goods, evidence, or means of administrative violations exceeds VND 15,000,000, the Head of the Department shall submit the file and report to the Head of the Ministry of Science, Technology and Environment (referred to as the Head of the Ministry), and only after receiving guidance from the Head of the Ministry can they issue a decision on punishment.

- For cases of administrative violations where fines exceed VND 10,000,000, the Director of the Department (corresponding to Ministries assigned the responsibility for state management of product quality according to Government Decree No. 86/CP) shall transfer the file to the Provincial People's Committee for the Chairman of the Provincial People's Committee to issue a decision on punishment. After the Chairman of the Provincial People's Committee issues the Decision on Punishment, the Head of the Department shall be responsible for implementing the Decision on Punishment.

3.1.3. The Head of the specialized inspection department of the General Bureau of Quality Standards - Measurement - Product Quality implements the right to impose penalties according to Clause 3 Article 17 of Decree No. 57/CP. For cases with complex circumstances, applying additional penalties where the value of seized goods, evidence, or means of administrative violations exceeds VND 25,000,000, the file and report shall be submitted to the Head of the Ministry, and only after receiving guidance from the Head of the Ministry can they issue a decision on punishment.

3.1.4. The Head of the Ministry of Science, Technology and Environment implements the right to impose penalties according to Clause 3 Article 17 of Decree No. 57/CP for violations in the following situations:

- At the request of the Quality Standards - Measurement - Product Quality inspection team, the Minister of Science, Technology and Environment or the Head of the Ministry issues a decision to establish.

- At the request of the Head of the General Bureau of Quality Standards - Measurement - Product Quality.

- According to directives from the Prime Minister or the Minister of Science, Technology and Environment.

3.1.5. People's Committees at all levels implement the right to impose penalties according to Articles 26, 27, and 28 of the Administrative Violation Handling Ordinance.

3.1.6. Police agencies, Customs, Market Management agencies, and other specialized inspection agencies implement the right to impose penalties according to Articles 29, 30, 33, and 34 of the Administrative Violation Handling Ordinance.

3.1.7. Principles for determining the authority to impose administrative penalties:

- People's Committees at all levels have the authority to impose administrative penalties for violations in the field of measurement and product quality within their local jurisdiction.

- Police agencies, Customs, Market Management agencies, and other specialized inspection agencies have the authority to impose administrative penalties for violations in the field of measurement and product quality within their jurisdiction.

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

3.2. Procedures for imposing administrative penalties and enforcing decisions on administrative penalties.

3.2.1. When imposing administrative penalties in the field of measurement and product quality through a warning, there is no need to prepare an administrative violation record, and the penalty decision can be issued on the spot.

3.2.2. When imposing administrative penalties in the field of measurement and product quality through a fine according to Decree No. 57/CP, the authorized person imposing the penalty must prepare an administrative violation record.

The administrative violation record must clearly state the date, month, year, and location of the record; the name and position of the person preparing the record; the name, address, occupation of the violator or the name and address of the violating organization; the date, month, year, and location of the violation; the content of the violation; measures to prevent further violations and ensure enforcement of the penalty (if applicable); statements from the violator or representative of the violating organization, if there are witnesses, victims, or representatives of organizations affected, their names, addresses, and statements must be recorded clearly.

The record must be established in at least two copies; it must be signed by the person making the record and the violator or the representative of the violating organization; if there are witnesses or victims, they must also sign the record; if the witness or victim refuses to sign, the reason must be clearly stated in the record. In case the record consists of multiple pages, those persons mentioned above must sign each page.

After completion, the record must be handed over to the individual or organization that violated one copy; if the person making the record does not have the authority to impose penalties, the record must be sent to the person with the authority to handle the matter.

3.2.3. Decision on Administrative Sanctions

Within fifteen days or thirty days (if there are many complex circumstances) from the date of establishing the administrative violation record, the authorized person must issue a decision on administrative sanctions.

The decision on administrative sanctions must clearly state the date, month, year of issuance; the name, position of the person issuing the decision; the name, address, occupation of the violator or the name, address of the violating organization; the article, clause, name of the legal document applied, main form of sanction, supplementary forms of sanction, measures for handling evidence and means; measures to mitigate consequences; time limit, place of execution of the decision on administrative sanctions and the signature of the person issuing the decision on administrative sanctions.

The decision on administrative sanctions must also clearly state that if the individual or organization being sanctioned does not voluntarily comply, they will be subject to compulsory enforcement; the right to appeal, the place and time of appeal.

The decision on administrative sanctions takes effect from the date of signing or may specify the effective date and must be sent to the individual or organization being sanctioned and the agency collecting fines within three days from the date of issuing the decision on administrative sanctions.

From the date of receiving the decision on administrative sanctions, the individual or organization being sanctioned must implement the decision on administrative sanctions; if they intentionally refuse to comply, they will be subject to compulsory enforcement.

The person issuing the decision on administrative sanctions has the authority to issue a decision on compulsory enforcement and is responsible for organizing the implementation of such enforcement.

The Heads of Inspection Departments of Ministries, the Heads of Inspection Departments of the General Bureau of Standards - Measurement - Quality, and the Heads of Inspection Departments of Ministries (Ministries assigned by the Government to manage quality of goods according to Decree No. 86/CP) shall request the People's Police force to cooperate in organizing the enforcement of decisions on compulsory enforcement in accordance with Clause 3, Article 55 of the Ordinance on Handling Administrative Violations.

Individuals or organizations subject to compulsory enforcement must bear all costs related to the organization and implementation of compulsory measures.

Decisions imposing fines of VND 2,000,000 or more and decisions confiscating evidence and means of violations valued at VND 5,000,000 or more must be immediately sent to the People's Procuracy at the same level.

The decision on administrative sanctions becomes ineffective after one year from the date of issuance; in cases where individuals or organizations being sanctioned intentionally evade or delay compliance, this period does not apply.

4. On Appeals, Complaints, and Resolution of Appeals and Complaints

4.1. Appeals and Resolution of Appeals:

The procedures and processes for appealing and resolving appeals against decisions on administrative sanctions in the field of measurement and product quality are carried out in accordance with Articles 87, 88, and 89 of the Ordinance on Handling Administrative Violations.

4.1.1. The person authorized to decide on administrative sanctions in the field of measurement and product quality is responsible for resolving the first appeal against decisions on administrative sanctions made by themselves.

4.1.2. The Heads of Inspection Departments of Ministries, the Heads of Inspection Departments of the General Bureau of Standards - Measurement - Quality, and the Heads of Inspection Departments of Ministries resolve the second appeal against decisions on administrative sanctions made by inspectors under the same-level inspection department. This decision is final.

4.1.3. The Directors of Departments resolve the second appeal against decisions on administrative sanctions made by the Heads of Inspection Departments of Ministries; the General Directors of the General Bureau of Standards - Measurement - Quality resolve the second appeal against decisions on administrative sanctions made by the Heads of Inspection Departments of the General Bureau; the Ministers resolve the second appeal against decisions on administrative sanctions made by the Heads of Inspection Departments of Ministries. This decision is final.

4.1.4. The Chairpersons of People's Committees of districts, towns, cities directly under provinces resolve the second appeal against decisions on administrative sanctions made by the Chairpersons of People's Committees of communes, wards, towns. This decision is final.

4.1.5. The Chairpersons of People's Committees of provinces resolve the second appeal against decisions on administrative sanctions made by the Chairpersons of People's Committees of districts, towns, cities under provinces. This decision is final.

The Minister of Science, Technology, and Environment resolves the second appeal against decisions on administrative sanctions made by the Chairpersons of People's Committees of provinces. If the Chairperson of the People's Committee of the province agrees with the decision of the Minister of Science, Technology, and Environment, then the decision of the Minister of Science, Technology, and Environment is final. If the Chairperson of the People's Committee of the province disagrees with the decision of the Minister of Science, Technology, and Environment, the Chairperson of the People's Committee of the province appeals to the State Inspector General. The decision of the State Inspector General is final.

4.1.7. If dissatisfied with the first appeal resolution on the decision on administrative sanctions, the appellant may appeal to the superior of the person who issued the sanction according to the procedure outlined above or initiate a lawsuit before the Administrative Court of the People's Courts at various levels.

4.2. Complaints and Resolution of Complaints:

4.2.1. Citizens' complaints are implemented in accordance with Clause 1, Article 23 of Decree No. 57/CP.

4.2.2. The resolution of citizens' complaints is implemented in accordance with Clause 4, Article 23 of Decree No. 57/CP.

5. On Implementation Organization

5.1. Based on Decree No. 57/CP and this Circular, Ministries and sectors with the function of imposing administrative sanctions in the field of measurement and product quality need to organize guidance and instruct staff in their sector to thoroughly understand and strictly implement regulations when conducting administrative sanctions; regularly coordinate with the Ministry of Science, Technology, and Environment and other relevant ministries and sectors in implementing Decree No. 57/CP.

5.2. The Director of the General Department of Standards - Measurement - Quality is responsible for assisting the Ministry of Science, Technology and Environment in directing, guiding, and inspecting the Ministries and Departments with administrative sanction functions in the field of measurement and product quality in implementing Decree No. 57/CP.

5.3. The Director of the Department of Science, Technology and Environment of provinces and centrally governed cities is responsible for assisting the People's Committee of the province or centrally governed city in organizing and directing the implementation of Decree No. 57/CP at the local level; monitoring and compiling information on administrative penalties under Decree No. 57/CP to report to the People's Committee of the province or centrally governed city and the Ministry of Science, Technology and Environment; promptly proposing to the Ministry any difficulties encountered during implementation.

5.4. The collection and use of fines for violations related to measurement and product quality shall be implemented in accordance with Circular No. 52 TC/CSTC dated September 12, 1996, issued by the Ministry of Finance./.