Decree No. 19/2012/ND-CP on administrative penalties for violations in the field of protecting consumer rights

DECREE

Regulations on Administrative Sanctions for Violations in the field of protecting consumer rights

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

Pursuant to the Law Bto protect consumer rights on November 17, 2010;

Căn cứ Pháp lệnh Xto handle administrative violations on July 2, 2002 and the Ordinance amending and supplementing some articles of the Ordinance Xto handle administrative violations on April 2, 2008;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree stipulating administrative penalties for violations in the field of protecting consumer rights,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree specifies acts of violation, forms, levels of penalty, and authority to impose administrative penalties in the field of protecting consumer rights.

2. Administrative violations in the field of protecting consumer rights are intentional or negligent acts by individuals, agencies, or organizations that violate legal provisions in the field of protecting consumer rights, which are not criminal offenses and according to the law must be subject to administrative penalties.

3. Other administrative violations concerning the protection of consumer rights not specified in this Decree shall be governed by other Decrees of the Government on administrative penalties in the fields of state management related thereto for imposition of penalties.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals both within and outside Vietnam who commit administrative violations in the field of protecting consumer rights on the territory of Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Personal information of consumers is information meeting the following conditions:

a) It relates to individual consumers;

b) It has been secured by measures applied by the consumer or other relevant organizations or individuals;

c) Disclosing or using such information without the consumer's consent may cause adverse effects on the health, life, property, or other material and mental damages to the consumer.

2. Third parties providing information about goods and services to consumers are organizations or individuals requested by business organizations or individuals to provide information about goods and services, including:

a) Organizations or individuals conducting services to provide information about goods and services to consumers;

b) Organizations or individuals participating in the construction of information about goods and services;

c) Media owners, communication service providers;

d) Other organizations or individuals requested to provide information.

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

1. For each act of administrative violation, the violating organization or individual must bear one of the following main forms of administrative sanction:

a) To issue warnings;

b) Fine.

The maximum fine for each act of administrative violation in the field of protecting consumer rights is 70,000,000 VND.

2. Depending on the nature and degree of violation, organizations or individuals committing administrative violations may also be subject to one or more supplementary forms of penalty as follows:

a) Revocation of license or professional certificate;

b) Confiscation of objects and means used to commit administrative violations.

3. In addition to the forms of penalty prescribed in Clause 1 and 2 of this Article, organizations or individuals committing administrative violations may also be subject to one or more specific remedial measures for each act of violation as provided in Chapter II of this Decree.

Chapter II

VIOLATIONS IN THE FIELD OF PROTECTING CONSUMER RIGHTS, FORMS AND LEVELS OF PENALTY

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VIOLATIONS REGARDING INFORMATION TO CONSUMERS

Article 5. Acts violating consumer information protection

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

a) Not clearly and publicly informing consumers of the purpose before conducting activities to collect and use their information;

b) Using consumer information not in accordance with the purpose previously notified to the consumer without the consumer's consent;

c) Failing to ensure safety, accuracy, and completeness of consumer information when collecting, using, or transferring it;

d) Failing to self-adjust or take measures to allow consumers to update or adjust their information upon discovering inaccuracies;

đ) Transferring consumer information to a third party without the consumer's consent, except where otherwise provided by law.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the related information pertains to the consumer's personal secrets.

3. Measures to remedy consequences:

a) Order the destruction of all documents containing consumer information that violate the law;

b) Order the establishment of necessary measures to protect consumer information security.

Article 6. Acts of deceiving consumers through advertising

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for acts of deceiving or misleading consumers regarding any of the following contents:

a) Goods and services provided by organizations or individuals engaged in goods and service trading;

b) The reputation, business capability, and ability to supply goods and services of organizations or individuals engaged in goods and service trading;

c) The content and characteristics of transactions between consumers and organizations or individuals engaged in goods and service trading.

2. Additional forms of punishment:

Confiscate the objects and means used to commit administrative violations for acts violating the provisions of Clause 1 of this Article.

3. Measures to remedy consequences:

a) Order public correction;

b) Order the provision of complete and accurate information and documents;

c) Order the payment of illegal profits obtained from administrative violations to the state budget for acts violating the provisions of Clause 1 of this Article.

Article 7. Violations by organizations and individuals engaged in business in providing information about goods and services to consumers

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on organizations and individuals engaged in goods and service trading for committing any of the following violations while providing information about goods and services to consumers:

a) Failing to warn consumers about the potential negative impact of goods and services on their health, life, and property, and preventive measures;

b) Failing to provide information about the availability of spare parts and accessories for goods;

c) Failing to provide usage instructions; failing to provide information about warranty conditions, duration, location, and procedures in cases where goods and services have warranties;

d) Failing to accurately and fully inform consumers about standard contracts and general transaction terms before transactions;

đ) Concealing, providing incomplete, inaccurate, or misleading information to consumers regarding the information prescribed in Clause 1 of Article 10 of the Consumer Protection Law.

2. Measures to remedy consequences:

Order the provision of complete and accurate information and documents to consumers for violations stipulated in Clause 1 of this Article.

Article 8. Violations by third parties in providing information about goods and services to consumers

1. A fine of from 10,000,000 VND to 30,000,000 VND shall be imposed on organizations and individuals who are third parties in providing information about goods and services to consumers if they commit any of the following violations:

a) Providing incomplete or inaccurate information about the goods and services provided;

b) Not having evidence to prove or not implementing all measures prescribed by law to verify the accuracy and completeness of the information about the goods and services.

2. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed on media vehicle owners and telecommunications service providers who are third parties if they commit any of the following violations:

a) The violations stipulated in Clause 1 of this Article;

b) Not having technical solutions to prevent their media vehicles or services from being used for the purpose of harassing consumers;

c) Permitting organizations and individuals engaged in trading goods and services to use their media vehicles or services to harass consumers.

3. Additional forms of punishment:

a) Seizure of objects and means used to commit administrative violations as stipulated in Clause 2 of this Article;

b) Suspension of the right to use licenses and professional certificates for a period of from three months to twelve months for violations stipulated in Clause 1 and Clause 2 of this Article in cases of repeated offenses or recidivism.

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VIOLATIONS REGARDING CONTRACTS ENTERED INTO WITH CONSUMERS AND GENERAL TERMS OF TRADE

Article 9. Violations regarding contracts entered into with consumers

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

a) Entering into a contract with a consumer using a form or language that does not comply with the provisions of the law;

b) Not allowing the consumer to review the entire contract before entering into it when the contract is concluded electronically.

2. Measures to remedy consequences:

Compel adjustment of the contract entered into in accordance with the provisions of the law for the violation stipulated in Point a Clause 1 of this Article.

Article 10. Violations regarding the form of standard contracts and general terms of trade

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on organizations and individuals using standard contracts and general terms of trade in transactions with consumers if they violate any of the following contents:

a) Font size smaller than 12;

b) Contract language is not Vietnamese, except where the parties have agreed otherwise or the law provides otherwise;

c) Background color of the paper and ink color displaying the content of the standard contract and general terms of trade are not contrasting.

2. Measures to remedy consequences:

Compel compliance with the provisions regarding the form of standard contracts and general terms of trade for the violations stipulated in Clause 1 of this Article.

Article 11. Violations regarding registration of standard contracts and general terms of trade

1. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for one of the following violations:

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 notifying consumers of changes to standard contracts and general terms of trade.

2. Measures to remedy consequences:

a) Compel registration and re-registration of standard contracts and general terms of trade for the violation stipulated in Point a Clause 1 of this Article;

b) Compel notification to consumers of changes to standard contracts and general terms of trade for the violation stipulated in Point b Clause 1 of this Article.

Article 12. Violations in the performance of standard form contracts

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on organizations and individuals engaged in the sale of goods and provision of services that commit any of the following violations:

a) Not retaining the standard form contract until its validity period expires;

b) Not providing a copy of the contract to consumers when the contract held by the consumer is lost or damaged.

2. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed on organizations and individuals engaged in the sale of goods and provision of services that fail to comply with the requirements of competent state agencies regarding the cancellation or modification of the contents of a standard form contract that violates laws on protecting consumer rights or contravenes general principles of contract formation.

3. Measures to remedy consequences:

Order compliance with provisions on retention and provision of copies of standard form contracts as stipulated for violations under Clause 1 of this Article.

Article 13. Violations in the implementation of general terms and conditions

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on organizations and individuals engaged in the sale of goods and provision of services using general terms and conditions that commit any of the following violations:

a) Not publicly announcing the general terms and conditions before transacting with consumers;

b) The general terms and conditions do not clearly specify the effective date or are not posted at convenient locations at the transaction site so that consumers can see them.

2. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed on organizations and individuals engaged in the sale of goods and provision of services that fail to comply with the requirements of competent state agencies regarding the cancellation or modification of general terms and conditions that violate laws on protecting consumer rights or contravene general principles of contract formation.

3. Measures to remedy consequences:

a) Order public announcement of the general terms and conditions for violations under Point a, Clause 1 of this Article;

b) Order clear specification of the effective date of the general terms and conditions or posting of the general terms and conditions at convenient locations at the transaction site so that consumers can see them for violations under Point b, Clause 1 of this Article;

c) Order cancellation or modification of the general terms and conditions for violations under Clause 2 of this Article.

Article 14. Formation of contracts and general terms and conditions with consumers containing invalid clauses

1. A fine of from 10,000,000 VND to 30,000,000 VND shall be imposed on organizations and individuals engaged in the sale of goods and provision of services that enter into contracts with consumers containing invalid clauses as prescribed by the Law on Protecting Consumer Rights.

2. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed on violations under Clause 1 of this Article where the related contract is a standard form contract or general terms and conditions.

3. A fine of from 50,000,000 VND to 70,000,000 VND shall be imposed on violations under Clause 2 of this Article where the violation is committed in two or more provinces or cities.

4. Measures to remedy consequences:

a) Order re-signing or adjustment of the content of the contract or general terms and conditions already concluded;

b) Order payment of illegal gains obtained due to administrative violations under Clauses 1, 2, and 3 of this Article into the State budget.

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VIOLATIONS RELATING TO CERTAIN TYPES OF CONTRACTS OTHER THAN THE ABOVE

Article 15. Violations concerning remote contract formation

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on organizations and individuals engaged in the sale of goods and provision of services while remotely contracting with consumers who commit any of the following violations:

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

b) Failing to refund money within thirty days from the date the consumer unilaterally declares termination of the concluded contract or failing to pay interest on overdue amounts to the consumer as prescribed.

2. Measures to remedy consequences:

a) Compelling the provision of complete and clear information and documentation for violations stipulated in Point a Clause 1 of this Article;

b) Compelling the refund of money for violations stipulated in Point b Clause 1 of this Article.

Article 16. Violations concerning continuous service contracts

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on organizations and individuals providing continuous services to consumers who commit any of the following violations:

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

b) Not signing a written contract or not providing a copy of the contract to the consumer;

c) Requesting the consumer to pay before the service is provided, except where otherwise agreed by both parties;

d) Failing to notify the consumer at least three working days prior to ceasing service provision due to maintenance, repair, or other reasons, except in cases of force majeure or otherwise prescribed by law;

đ) Failing to promptly inspect and resolve issues when the consumer reports a problem or complaint about the quality of the service;

e) Unilaterally terminating the contract and ceasing service provision without just cause;

g) Refusing or obstructing the consumer's right to terminate the service contract as prescribed by law;

h) Compelling the consumer to pay for unused portions of the service.

2. Measures to remedy consequences:

a) Compelling the provision of complete and clear information and documentation for violations stipulated in Point a Clause 1 of this Article;

b) Compelling the execution of a written contract or providing a copy of the contract to the consumer for violations stipulated in Point b Clause 1 of this Article;

c) Compelling the refund of money for violations stipulated in Points c and h Clause 1 of this Article;

d) Compelling the continued provision of the service for violations stipulated in Point e Clause 1 of this Article;

đ) Compelling the cessation of obstructive behavior for violations stipulated in Point g Clause 1 of this Article.

Article 17. Violations concerning door-to-door sales contracts

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on organizations and individuals engaged in door-to-door sales who commit any of the following violations:

a) The door-to-door seller fails to introduce the name of the organization or individual conducting business, contact phone number, address, headquarters, and the address of the entity responsible for the contract proposal;

b) The door-to-door seller intentionally contacts the consumer to propose a contract after the consumer has refused;

c) Refusing to allow the consumer to withdraw from the contract when the consumer sends a written notice of withdrawal within three working days from the date of signing the contract;

d) Compelling the consumer to fulfill payment or other obligations under the contract before the end of three working days from the date of signing the contract, except where otherwise prescribed by law;

đ) Refusing responsibility for the activities of the door-to-door seller in cases where such activities cause damage to the consumer.

2. Measures to remedy consequences:

a) Compelling the provision of complete information and documentation for violations stipulated in Point a Clause 1 of this Article;

b) Compelling the cessation of the violation for violations stipulated in Points b, c, and d Clause 1 of this Article;

c) Compelling the assumption of responsibility for the activities of the door-to-door seller for violations stipulated in Point đ Clause 1 of this Article.

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VIOLATIONS CONCERNING WARRANTY OF GOODS AND VIOLATIONS CONCERNING RESPONSIBILITY FOR DEFECTIVE GOODS

Article 18. Acts violating warranty responsibilities for goods, spare parts, and accessories

1. A fine of from five million dong to ten million dong shall be imposed on organizations and individuals engaged in trading goods subject to warranty responsibilities for goods, spare parts, and accessories when they violate any of the following obligations:

a) Not providing consumers with a receipt for warranty service that clearly states the time and conditions for performing the warranty;

b) Not providing consumers with similar goods, spare parts, and accessories for temporary use or not adopting other forms of resolution acceptable to consumers during the warranty period;

c) Not exchanging new similar goods, spare parts, and accessories or not retrieving the goods, spare parts, and accessories and refunding the money to consumers if the goods cannot be repaired or the defects cannot be resolved after the warranty period has expired;

d) Not exchanging new similar goods, spare parts, and accessories or not retrieving the goods and refunding the money to consumers if the warranty service for the goods, spare parts, and accessories has been performed three or more times within the warranty period but the defects still cannot be resolved;

đ) Not reimbursing repair costs, transportation costs for goods, spare parts, and accessories to the warranty location and back to the consumer's residence;

e) Refusing responsibility for warranty services for goods, spare parts, and accessories to consumers if the warranty has been delegated to another organization or individual;

2. A fine of from ten million dong to twenty million dong shall be imposed on organizations and individuals engaging in any of the violations stipulated in Clause 1 of this Article where the related goods, spare parts, and accessories have a value of over twenty million dong to fifty million dong.

3. A fine of from twenty million dong to thirty million dong shall be imposed on organizations and individuals engaging in any of the violations stipulated in Clause 1 of this Article where the related goods, spare parts, and accessories have a value of over fifty million dong to one hundred million dong.

4. A fine of from thirty million dong to forty million dong shall be imposed on organizations and individuals engaging in any of the violations stipulated in Clause 1 of this Article where the related goods, spare parts, and accessories have a value of over one hundred million dong to five hundred million dong.

5. A fine of from forty million dong to fifty million dong shall be imposed on organizations and individuals engaging in any of the violations stipulated in Clause 1 of this Article where the related goods, spare parts, and accessories have a value of over five hundred million dong to one billion dong.

6. A fine of from fifty million dong to sixty million dong shall be imposed on organizations and individuals engaging in any of the violations stipulated in Clause 1 of this Article where the related goods, spare parts, and accessories have a value of over one billion dong to two billion dong.

7. A fine of from sixty million dong to seventy million dong shall be imposed on organizations and individuals engaging in any of the violations stipulated in Clause 1 of this Article where the related goods, spare parts, and accessories have a value exceeding two billion dong.

8. Measures to remedy consequences:

Compel the full performance of warranty obligations according to commitments or legal provisions for acts violating Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article.

Article 19. Acts violating recall responsibilities for defective goods

1. A fine of from ten million dong to thirty million dong shall be imposed on organizations and individuals producing or importing goods that commit any of the following violations:

a) Not taking necessary measures to stop the supply of defective goods on the market;

b) Not properly implementing the recall of defective goods as publicly announced or not paying the incurred costs during the recall process.

2. A fine of from thirty million dong to fifty million dong shall be imposed on organizations and individuals producing or importing goods that commit any of the following violations:

a) Not publicly announcing defective goods and the recall thereof as required;

b) Not reporting the results of recalling defective goods to the competent state management agency for protecting consumer rights as stipulated in Clause 4 of Article 22 of the Consumer Protection Law.

3. Measures to remedy consequences:

a) Compel the repair or recall of defective goods for violations under Clause 1 of this Article;

b) Compel public announcement or reporting as required by law for violations under Clause 2 of this Article.

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OTHER VIOLATIONS OF LAWS PROTECTING CONSUMER RIGHTS

Article 20. Violations by individuals engaged in independent commercial activities on a regular basis without registering for business operations

1. Warning or a fine from VND 500,000 to VND 1,000,000 shall be imposed on individuals engaged in independent commercial activities on a regular basis without registering for business operations who commit any of the following violations:

a) Failing to ensure the quality, quantity, utility, and food safety of goods and services provided to consumers as prescribed;

b) Providing goods and services prohibited, restricted from being traded, and other goods and services not allowed to be traded according to the law to consumers;

c) Failing to provide accurate and complete information about goods and services provided to consumers as prescribed by laws protecting consumer rights, trade laws, and other relevant laws;

d) Refusing to exchange goods or refund money to consumers and reclaim goods when the goods provided do not meet the quality, quantity, and utility as previously communicated.

2. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed on any of the violations stipulated in Clause 1 of this Article if the value of the related goods and services exceeds VND 2,000,000.

3. Measures to remedy consequences:

a) Compelling compliance with legal regulations for violations stipulated in Point a and b Clause 1 of this Article;

b) Compelling provision of full and clear information and documentation for violations stipulated in Point c Clause 1 of this Article;

c) Compelling fulfillment of the obligation to exchange goods or refund money and reclaim goods for violations stipulated in Point d Clause 1 of this Article.

Article 21. Violations concerning the provision of transaction evidence

1. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals engaged in trading goods and services who commit any of the following violations:

a) Failing to provide invoices or related documents and materials to consumers according to the law or at the request of consumers;

b) Denying consumers access, downloading, storing, and printing invoices, documents, and materials in cases of electronic transactions.

2. Measures to remedy consequences:

a) Compelling provision of full invoices, documents, and materials related to transactions for violations stipulated in Point a Clause 1 of this Article;

b) Compelling provision of access, downloading, storage, and printing of invoices, documents, and materials for violations stipulated in Point b Clause 1 of this Article.

Article 22. Harassment of Consumers

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on organizations and individuals engaged in the sale of goods and provision of services that commit any of the following violations:

a) Harassing consumers through marketing goods and services against their wishes two or more times;

b) Engaging in acts that obstruct or affect the normal work and daily life of consumers.

2. Additional forms of punishment:

Seizure of objects and means used to commit administrative violations for violations stipulated in Clause 1 of this Article.

Article 23. Coercion of Consumers

1. A fine from VND 10,000,000 to VND 30,000,000 shall be imposed on organizations and individuals engaged in trading goods and services who coerce consumers through committing any of the following violations:

a) Using force, threatening to use force, or other measures causing harm to the health, reputation, prestige, personality, or property of consumers to compel transactions;

b) Taking advantage of consumers' difficult circumstances or natural disasters, epidemics to compel transactions.

2. Additional forms of punishment:

Confiscate the objects and means used to commit administrative violations for acts violating the provisions of Clause 1 of this Article.

3. Measures to remedy consequences:

Compelling payment of illegal profits obtained due to administrative violations for violations stipulated in Clause 1 of this Article into the state budget.

Article 24. Violations of other provisions regarding transactions with customers and consumers

For violations of other provisions on transactions with customers and consumers, the handling shall be carried out in accordance with the provisions of Article 27 of Decree No. 06/2008/NĐ-CP dated January 16, 2008 of the Government on administrative penalties for violations in commercial activities.

Article 25. Acts of trading goods and services that do not ensure quality

1. Organizations and individuals trading goods and services that do not ensure quality, infringing upon consumer rights, shall be subject to administrative penalties as provided for in Decree No. 54/2009/NĐ-CP dated June 5, 2009 of the Government on administrative penalties for violations in the field of standards, measurement, and product quality.

2. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed for acts violating the provisions of Clause 1 of this Article in the following cases:

a) Taking advantage of consumers' difficult circumstances or exploiting natural disasters or epidemics to provide goods and services that do not ensure quality;

b) Trading goods and services that do not ensure quality causing damage or threatening to cause damage to consumers' lives, health, and property.

3. Additional forms of punishment:

Seizure of objects and means used to commit administrative violations for acts violating the provisions of Clause 1 and 2 of this Article.

4. Measures to remedy consequences:

a) Compelling the recall of non-compliant goods for acts violating the provisions of Clause 1 and 2 of this Article;

b) Compelling the payment of illegal profits obtained due to administrative violations to the state budget for acts violating the provisions of Clause 1 and 2 of this Article.

Article 26. Acts of failing to comply with requests of state management agencies to protect consumer rights

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on organizations and individuals trading goods and services, social organizations that fail to explain or provide information and evidence as requested by state management agencies for the protection of consumer rights.

2. Measures to remedy consequences:

Compelling explanation or providing full information and documents for acts violating the provisions of Clause 1 of this Article.

Chapter III

AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES IN THE FIELD OF CONSUMER RIGHTS PROTECTION

Article 27. Authority of the Director of the Competition Administration Department

The Director of the Competition Administration Department has the following authority:

1. To issue warnings.

2. To impose a fine up to VND 70,000,000;

3. To revoke the right to use licenses and professional certificates within their jurisdiction;

4. To seize objects and means used to commit administrative violations;

5. To apply remedial measures prescribed in Chapter II of this Decree.

Article 28. Authority of the Chairpersons of People's Committees at all levels

1. The Chairman of the People's Committee at the commune level has the following authority:

a) To issue warnings;

b) To impose a fine up to VND 2,000,000;

c) To seize objects and means used to commit administrative violations with a value up to VND 2,000,000;

d) Apply remedial measures as stipulated in Chapter II of this Decree.

2. The Chairman of the People's Committee at the district level has the following authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To revoke the right to use licenses and professional certificates within their jurisdiction;

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

đ) Apply remedial measures prescribed in Chapter II of this Decree.

3. The Chairman of the People's Committee at the provincial level has the following authority:

a) To issue warnings;

b) To impose fines up to VND 70,000,000;

c) To revoke the right to use licenses and professional certificates within their jurisdiction;

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

đ) Apply remedial measures prescribed in Chapter II of this Decree.

Article 29. Authority of Market Management Forces to Impose Penalties

1. Market inspectors performing their duties have the right to:

a) To issue warnings;

b) To impose a fine up to VND 200,000;

2. The Head of the Market Management Team has the following authority:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) To seize objects and means used to commit administrative violations with a value up to VND 30,000,000;

d) Apply remedial measures as stipulated in Chapter II of this Decree.

3. The Head of the Market Management Branch has the following authority:

a) To issue warnings;

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

c) To revoke the right to use licenses and professional certificates within their jurisdiction;

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

đ) Apply remedial measures prescribed in Chapter II of this Decree.

Article 30. Competence to impose administrative sanctions for violations in the field of protecting consumer rights of other agencies

The People's Public Security agency, Border Guard Force, Coast Guard, Customs, Tax agency, specialized inspection bodies, and other agencies have the authority to impose sanctions on administrative violations in the field of protecting consumer rights according to the competence prescribed in the Administrative Violation Handling Decree 2002 and the Decree amending and supplementing certain articles of the Administrative Violation Handling Decree 2008.

Article 31. Recording of administrative violations in the field of protecting consumer rights

1. When discovering administrative violations in the field of protecting consumer rights, the authorized person performing official duties must promptly record them.

The authorized persons to record administrative violations in the field of protecting consumer rights are: those authorized to impose administrative sanctions in the field of protecting consumer rights; civil servants and officials from state management agencies responsible for protecting consumer rights who are performing assigned tasks and official duties in the field of protecting consumer rights.

2. The recording of administrative violations in the field of protecting consumer rights shall comply with the provisions set out in Article 55 of the Administrative Violation Handling Decree 2002 and Article 22 of Government Decree No. 128/2008/NĐ-CP dated December 16, 2008 detailing the implementation of certain articles of the Administrative Violation Handling Decree 2002 and the Decree amending and supplementing certain articles of the Administrative Violation Handling Decree 2008.

3. Once completed, the record must be handed over to the organization or individual violating the rules one copy. If the record is made by someone without the authority to impose sanctions or if the case exceeds the sanctioning authority of the recorder, within three working days from the date of recording the administrative violation, the recorder must send the original record of the administrative violation and all related documents and files to the authorized person imposing sanctions to proceed with the imposition of sanctions.

Article 32. Forms of records and decisions used in imposing administrative sanctions in the field of protecting consumer rights

Attached to this Decree are Appendices containing forms of records and decisions to be used in imposing administrative sanctions in the field of protecting consumer rights.

Chapter IV

IMPLEMENTING PROVISIONS

Article 33. Effective Date

This Decree takes effect from May 1, 2012.

Article 34. Responsibility for Implementation

1. The Minister of Industry and Trade is responsible for organizing the implementation of this Decree.

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