Decree No. 54/2009/ND-CP on administrative penalties for violations in the fields of standards, measurement, and product quality.

DECREE

Regulations on administrative penalties for violations in the fields of standards, metrology, and product quality

Regulations on administrative penalties for violations in the fields of standards, metrology, and product quality

 _______________________

THE GOVERNMENT

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

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to the Metrology Ordinance dated October 6, 1999;

Pursuant to the Administrative Violation Handling Ordinance dated July 2, 2002, and the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance dated April 2, 2008;

Considering the proposal of the Minister of Science and Technology,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms and levels of penalty, measures to remedy consequences, authority and procedures for handling administrative violations in the fields of standards and technical regulations; metrology; product quality; product labels and barcode numbers (hereinafter referred to as the fields of standards, metrology, and product quality).

2. An act of administrative violation in the fields of standards, metrology, and product quality is an intentional or negligent act by individuals, agencies, organizations (hereinafter collectively referred to as organizations and individuals) that violates the provisions of laws on standards, metrology, and product quality without constituting a crime and according to the law must be subject to administrative penalties.

Article 2. Applicability

Vietnamese organizations and individuals, foreign organizations and individuals committing administrative violations in the fields of standards, metrology, and product quality on the territory of Vietnam shall be subject to administrative penalties as prescribed in this Decree.

Article 3. Forms of administrative penalties and measures to remedy consequences

1. Acts of administrative violation in the fields of standards, metrology, and product quality shall bear one of the following main forms of penalty:

a) To issue warnings;

b) Fine.

2. Depending on the nature and degree of the violation, organizations and individuals committing administrative violations in the fields of standards, metrology, and product quality may also be subject to one or more of the following supplementary forms of penalty:

a) Revocation of the right to use: conformity certification certificates; compliance certification certificates; certificates of conditions for certification body operations; inspection certificates, inspection seals, inspection marks; licenses and professional certificates issued by standardization, metrology, and quality control authorities;

b) Revocation of the right to use: approval decisions for measurement instrument models; calibration standard certification decisions; accreditation decisions for measurement instrument inspection capabilities; designation decisions for quality inspection organizations; metrology inspector qualification cards;

c) Confiscation of evidence and means of administrative violation in the fields of standards, metrology, and product quality, including documents and materials that have been altered, erased, falsified, or issued in violation of regulations;

3. In addition to the main forms of penalty and supplementary penalties, organizations and individuals committing administrative violations may also be subject to one or more of the following remedial measures:

a) Compel restoration to the original state prior to the change caused by the administrative violation;

b) Seize illegal profits obtained from the implementation of the administrative violation and remit them to the State budget;

c) Compel recycling or destruction of products and goods violating laws on standards, metrology, and product quality;

d) Compel re-export or destruction of imported goods violating laws on standards, metrology, and product quality or imported measuring instruments not in accordance with metrological regulations;

đ) Compel recall of products, goods, or measuring instruments that violate regulations and have been circulated;

e) Compel completion of inspection procedures and model approval for measuring instruments within the specified time limit;

g) Compel compliance with metrological regulations for pre-packaged goods.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, FORMS AND LEVELS OF PENALTY

ACTS OF ADMINISTRATIVE VIOLATION, FORMS AND LEVELS OF PENALTY

Section 1. ADMINISTRATIVE VIOLATIONS REGARDING MEASUREMENT

Article 4. Administrative violations concerning measurement in the production of measuring instruments listed in the Catalogue of Measuring Instruments Subject to Verification

1. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed for the act of incorrectly labeling measuring instruments or failing to engrave or mark the unit of measurement according to the official unit of measurement.

2. A fine of from VND 4,000,000 to VND 7,000,000 shall be imposed for the act of not conducting initial verification of measuring instruments before their use for quantifying goods, payment, buying and selling, protecting health, or ensuring safety and environmental protection.

3. A fine of from VND 7,000,000 to VND 12,000,000 shall be imposed for any of the following acts:

a) Producing measuring instruments without approval of the sample;

b) Producing measuring instruments with approved samples but the approval decision has expired.

4. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of producing measuring instruments that do not conform to the approved sample.

5. Additional forms of punishment:

Suspension of the right to use the approval decision on the sample of measuring instruments for up to ninety days for violations stipulated in Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compel the marking or engraving of the unit of measurement on measuring instruments according to the official unit of measurement, compel the correct labeling of measuring instruments as prescribed for violations stipulated in Clause 1 of this Article;

b) Compel the completion of verification within thirty days for violations stipulated in Clause 2 of this Article;

c) Compel the completion of the sample approval procedures within sixty days for violations stipulated in Clause 3 of this Article.

Article 5. Administrative violations concerning measurement in the importation of measuring instruments listed in the Catalogue of Measuring Instruments Subject to Verification

1. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed for the act of importing measuring instruments with labels that are incorrectly marked or engraved units of measurement not according to the official unit of measurement.

2. A fine of from VND 4,000,000 to VND 7,000,000 shall be imposed for the act of not conducting initial verification of imported measuring instruments before their use for quantifying goods, payment, buying and selling goods, protecting health, or ensuring safety and environmental protection.

3. A fine of from VND 7,000,000 to VND 12,000,000 shall be imposed for any of the following acts:

a) Importing measuring instruments without approval of the sample;

b) Importing measuring instruments with approved samples but the approval decision has expired.

4. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of importing measuring instruments that do not conform to the approved sample.

5. Measures to remedy consequences:

a) Compel the supplementary labeling of measuring instruments as prescribed; compel the marking or engraving of the unit of measurement on measuring instruments according to the official unit of measurement for violations stipulated in Clause 1 of this Article;

b) Compel the completion of verification as prescribed for violations stipulated in Clause 2 of this Article;

c) Compel the completion of the sample approval procedures within sixty days for violations stipulated in Clause 3 of this Article.

d) Compel the re-export or destruction of measuring instruments for violations stipulated in Clause 4 of this Article.

Article 6. Administrative violations concerning measurement in the business of measuring instruments listed in the Catalogue of Measuring Instruments Subject to Verification

1. A fine of from VND 300,000 to VND 500,000 shall be imposed for any of the following acts:

a) Trading in measuring instruments that have not been verified; measuring instruments that have not been approved of the sample;

b) Trading in measuring instruments without labels or with labels that are incorrectly marked or engraved units of measurement not according to the prescribed regulations.

2. Measures to remedy consequences:

a) Compel the completion of initial verification for violations stipulated at point a Clause 1 of this Article;

b) Compel the labeling of measuring instruments and the unit of measurement of measuring instruments according to the prescribed regulations for violations stipulated at point b Clause 1 of this Article.

Article 7. Acts violating measurement regulations in retail trade activities

1. A fine of VND 200,000 to VND 500,000 shall be imposed for any of the following acts to perform measurements in retail trade activities:

a) Measuring instruments that have not been calibrated;

b) Calibration certificates for measuring instruments that have expired;

c) Measuring instruments with accuracy and measurement range not meeting the prescribed requirements.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of performing measurements in retail trade activities where the quantity is insufficient beyond the permissible limit according to the regulations.

3. Remedial measures: Compel the calibration of measuring instruments before using them in retail trade activities for violations stipulated in Clause 1 of this Article.

Article 8. Acts violating measurement regulations in the use of measuring instruments listed in the Catalogue of Measuring Instruments Required to be Calibrated

1. A fine of VND 200,000 to VND 500,000 shall be imposed for any of the following acts when using measuring instruments with a value less than VND 500,000 calculated based on the value of new measuring instruments of the same type or new measuring instruments with equivalent technical characteristics at the time of administrative violation:

a) No calibration certificate, inspection stamp, or calibration label as prescribed;

b) Calibration certificates, inspection stamps, or calibration labels that have expired;

c) Measuring instruments that do not meet the prescribed requirements for measurement.

2. A fine of VND 4,000,000 to VND 7,000,000 shall be imposed for any of the following acts when using measuring instruments with a value of VND 500,000 or more calculated based on the value of new measuring instruments of the same type or new measuring instruments with equivalent technical characteristics at the time of administrative violation:

a) No calibration certificate, inspection stamp, or calibration label as prescribed;

b) Calibration certificates, inspection stamps, or calibration labels that have expired.

3. A fine of VND 7,000,000 to VND 12,000,000 shall be imposed for the act of using measuring instruments that are incorrect, damaged, or do not meet the requirements for measurement.

4. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed for any of the following acts when using measuring instruments:

a) Fraud in the use of calibration certificates, inspection stamps, or calibration labels;

b) Altering the technical condition or measurement characteristics of measuring instruments;

c) Not conducting calibration of measuring instruments within the prescribed period as required by the competent authority.

5. Additional forms of punishment:

Confiscate the evidence of violation for violations stipulated in Point b Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compel the calibration of measuring instruments for violations stipulated in Clause 1, Clause 2, Clause 3, and Point c Clause 4 of this Article;

b) Compel the cancellation of calibration certificates, inspection stamps, or calibration labels for violations stipulated in Point a Clause 4 of this Article;

c) Recover to the state budget the illegal profits obtained from the implementation of the violations stipulated in Point b Clause 4 of this Article according to the guidance of the Ministry of Science and Technology.

Article 9. Acts violating regulations on the calibration of measuring instruments by metrology inspectors and calibration organizations.

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

a) Conducting calibration of measuring instruments without a decision on certification and issuance of a metrology inspector card or such decision has expired;

b) Not complying with the calibration procedures;

c) Using calibration certificates, calibration labels, or inspection stamps not in accordance with regulations; sealing or lead sealing not in accordance with regulations;

d) Calibrating measuring instruments that have not been approved or not in accordance with the approved model.

2. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for any of the following acts by calibration organizations:

a) Calibrating measuring instruments beyond the recognized calibration capability;

b) Conducting calibration of measuring instruments when the decision recognizing the calibration capability has expired;

c) Using calibration certificates for reference standards that have expired;

d) Using reference standards without a decision on certification issued by the competent authority or such decision has expired to calibrate measuring instruments.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts by designated organizations for calibrating reference standards to calibrate measuring instruments listed in the Catalogue of Measuring Instruments Required to be Calibrated:

a) Calibrating reference standards beyond the designated scope;

b) Not complying with the calibration procedures for reference standards;

c) Conducting calibration of reference standards when the designation decision has expired.

4. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed for the act of not conducting calibration but issuing the following certificates for reference standards and measuring instruments listed in the Catalogue of Measuring Instruments Required to be Calibrated:

a) Calibration certificate for reference standards;

b) Calibration certificate; inspection stamp; calibration label.

5. Additional forms of punishment:

a) Suspend the use of the metrology inspector card for up to 90 days for violations stipulated in Clause 1 of this Article;

b) Suspend the use of the decision recognizing the calibration capability for up to 90 days for violations stipulated in Clause 2 of this Article.

6. Remedial measures: Compel the calibration and certification of reference standards in accordance with regulations for violations stipulated in Points c and d Clause 2 of this Article.

Article 10. Violations concerning prepackaged goods in production and importation that fall under the list of prepackaged goods subject to state management in measurement matters.

1. A fine of from VND 2,000,000 to VND 4,000,000 for failing to mark the quantity on the product label as prescribed or incorrectly marking the measurement unit as prescribed.

2. A fine of from VND 5,000,000 to VND 7,000,000 for packaging goods with insufficient quantity or not meeting the prescribed measurement requirements.

3. Measures to remedy consequences:

a) Order to mark the quantity and measurement unit as prescribed on the product label for violations stipulated in Clause 1 of this Article.

b) Order to re-measure the goods according to the prescribed requirements before circulation for violations stipulated in Clause 2 of this Article.

Article 11. Violations concerning prepackaged goods in trading that fall under the list of prepackaged goods subject to state management in measurement matters.

1. A fine of from VND 500,000 to VND 1,000,000 for trading prepackaged goods that fall under the list of prepackaged goods subject to state management in measurement matters without marking the quantity as prescribed or incorrectly marking the measurement unit as prescribed.

2. A fine of from VND 1,000,000 to VND 2,000,000 for trading prepackaged goods that fall under the list of prepackaged goods subject to state management in measurement matters with insufficient quantity or not meeting the prescribed measurement requirements.

3. Measures to remedy consequences:

a) Order to suspend circulation of prepackaged goods violating measurement regulations for violations stipulated in Clause 1 of this Article;

b) Order to re-measure the goods according to the prescribed requirements before circulation for violations stipulated in Clause 2 of this Article.

Section 2. VIOLATIONS OF ADMINISTRATIVE REGULATIONS ON STANDARDS AND TECHNICAL REGULATIONS; PRODUCT AND GOODS QUALITY

Article 12. Violations concerning the announcement of applicable standards

1. A fine of from VND 1,000,000 to VND 2,000,000 for failing to announce applicable standards as prescribed.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Producing or importing products or goods that do not comply with announced applicable standards;

b) Failing to announce applicable standards again when there are changes related to the previously announced contents;

c) The content of announced applicable standards contravenes the requirements of technical regulations.

3. Measures to remedy consequences:

a) Order to announce applicable standards within thirty days for violations stipulated in Clause 1 of this Article;

b) Order to change the purpose of use or recycle the products or goods for violations stipulated at point a, Clause 2 of this Article;

c) Order to announce applicable standards again within thirty days for violations stipulated at point b, Clause 2 of this Article;

d) Order to amend applicable standards in cases where the applicable standard is a basic standard or another suitable standard in accordance with relevant technical regulations or change the fundamental characteristics of the products or goods to comply with relevant technical regulations and announce applicable standards again within thirty days for violations stipulated at point c, Clause 2 of this Article.

Article 13. Violations concerning certification conformity

1. A fine of from VND 7,000,000 to VND 10,000,000 for producing or importing products or goods whose quality does not meet the corresponding standards used for certification conformity or using expired conformity certificates.

2. Additional forms of punishment:

Revocation of the right to use the conformity certificate for violations stipulated in Clause 1 of this Article.

3. Measures to remedy consequences:

Order to recall non-compliant products or goods circulating in the market; order to change the purpose of use; recycle or re-export non-compliant products or goods as stipulated in Clause 1 of this Article;

Article 14. Acts violating the provisions on standard declaration

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts when producing or importing products or goods:

a) Not registering the standard declaration with the competent authority where the organization or individual conducts business registration;

b) Not retaining the standard declaration file in accordance with regulations;

c) Not re-declaring when there is any change in the content of the registered standard declaration.

2. A fine of VND 5,000,000 to VND 8,000,000 shall be imposed for the act of producing or importing products or goods that do not meet the content of the registered standard declaration.

3. Measures to remedy consequences:

a) Order to register the standard declaration with the competent authority; order to retain the standard declaration file in accordance with regulations; order to re-declare when there is any change in the content of the registered standard declaration within ten days from the date of violation under Clause 1 of this Article;

b) Order to recall non-compliant products or goods circulating in the market, order to recycle or change the purpose of use or re-export non-compliant imported products or goods under Clause 2 of this Article.

Article 15. Acts violating the provisions on conformity certification

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of not conducting conformity certification when producing or importing products or goods that must undergo conformity certification or using expired conformity certification certificates or conformity marks.

2. A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for the act of producing or importing products or goods that must undergo conformity certification but do not meet the corresponding technical regulations.

3. Additional forms of punishment:

Suspension of the right to use conformity certification certificates or conformity marks for up to ninety days or indefinitely for the act of violating Clause 2 of this Article.

4. Measures to remedy consequences:

a) Order to conduct conformity certification within thirty days for the act of violating Clause 1 of this Article;

b) Order to recall non-compliant products or goods circulating in the market; order to change the purpose of use, recycle or destroy non-compliant products or goods or re-export imported goods for the act of violating Clause 2 of this Article.

Article 16. Acts violating the provisions on conformity declaration

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts when products or goods are subject to conformity declaration according to the corresponding technical regulations:

a) Not conducting conformity declaration when producing or importing products or goods;

b) Not registering the conformity declaration with the competent authority where the organization or individual conducts business registration;

c) Not affixing the conformity mark as prescribed when putting products or goods on the market;

d) Not retaining the conformity declaration file in accordance with regulations.

2. A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for the act of producing or importing products or goods that do not meet the corresponding technical regulations.

3. Measures to remedy consequences:

a) Order to conduct conformity declaration and register the conformity declaration with the competent authority for the act of violating point a and point b of Clause 1 of this Article;

b) Order to affix the conformity mark as prescribed before putting products or goods on the market for the act of violating point c of Clause 1 of this Article;

c) Order to recall non-compliant products or goods circulating in the market; order to change the purpose of use, recycle or destroy non-compliant products or goods or re-export imported products or goods for the act of violating Clause 2 of this Article.

Article 17. Acts violating product quality regulations circulating in the market

1. A fine of VND 200,000 to VND 500,000 shall be imposed on the act of selling products or goods without announcing the applicable standards of the production organizations or importers as prescribed.

2. The act of selling expired products or goods shall be subject to administrative penalties for violations in commercial activities as prescribed by the Government.

3. A fine of one to two times the total value of the non-compliant products or goods discovered at the time of violation shall be imposed on the act of selling products or goods that do not meet the announced standards.

4. A fine of two to three times the total value of the non-compliant products or goods at the time of violation shall be imposed on one of the following acts:

a) Selling products or goods that do not meet the corresponding standards that have been certified or announced;

b) Replacing, substituting, adding, or removing components or additives, mixing impurities that reduce the quality of products or goods compared to the announced standards.

5. A fine of three to five times the total value of the non-compliant products or goods at the time of violation shall be imposed on one of the following acts:

a) Selling products or goods that do not meet the corresponding technical regulations that have been announced or certified;

b) Replacing, substituting, adding, or removing components or additives, mixing impurities that reduce the quality of products or goods compared to the corresponding technical regulations.

6. Measures to remedy consequences:

a) Order the temporary suspension of circulation of the violating goods and require the producer or importer to announce the applicable standards within thirty days for the violation stipulated in Clause 1 of this Article;

b) Order the conversion of purpose or recycling for the violations stipulated in Clauses 3, 4, and 5 of this Article;

c) Order the re-exportation or destruction of imported products or goods for the violations stipulated in Clauses 4 and 5 of this Article if recycling or conversion of purpose cannot be carried out or if they cause harm to health, safety, or the environment.

Article 18. Acts violating the regulations of conformity assessment organizations

1. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed on one of the following acts:

a) Not registering the field of conformity assessment activities with the competent authority;

b) Conducting conformity assessment outside the registered or permitted fields;

c) Conducting conformity assessment for state management purposes without being designated as prescribed;

d) Failing to maintain the organizational structure and capacity recognized or accepted in accordance with the requirements of the corresponding standards;

đ) Failing to maintain a management system in accordance with the requirements of the corresponding standards;

e) Not conducting or not fully conducting the procedures and formalities for assessment and certification but still issuing certificates of conformity;

g) Providing incorrect conformity assessment results;

h) Providing consulting services to organizations or individuals seeking certification.

2. Additional forms of punishment:

Suspension of the certificate of eligibility for operation for the violations stipulated in points b, c, d, đ, and g of Clause 1 of this Article.

3. Measures to remedy consequences:

a) Order the recall of issued certificates for the violations stipulated in points b, c, d, đ, and e of Clause 1 of this Article;

b) Order the re-conducting of conformity assessment for the violations stipulated in point g of Clause 1 of this Article.

Article 19. Acts violating provisions on the operation of recognized testing laboratories; recognized calibration laboratories; recognized inspection organizations

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

a) Conducting testing, calibration, or inspection activities under the guise of recognition before being evaluated and recognized by the recognizing organization for the laboratory's or organization's capability in accordance with national or international standards;

b) Not implementing or not fully implementing the procedures and processes for testing, calibration, or inspection;

c) Not ensuring organizational structure and recognized capabilities in compliance with corresponding standards;

d) Not maintaining a management system in compliance with corresponding standards;

đ) Conducting verification activities without authorization from the competent authority or not adhering to the verification procedures specified in the corresponding technical regulations;

e) Providing incorrect results.

2. Additional forms of punishment:

Revoking the certificate of recognized capability for the act of violation stipulated in points c and d of Clause 1 of this Article.

3. Measures to remedy consequences:

a) Compelling the recall of issued certificates for the act of violation stipulated in Clause 1 of this Article;

b) Compelling the re-conducting of testing, calibration, or inspection and bearing all costs associated with such re-testing, re-calibration, or re-inspection for the act of violation stipulated in point e of Clause 1 of this Article.

Article 20. Acts violating provisions on the recognition activities of recognizing organizations

1. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Not publishing the evaluation and recognition procedures, requirements, and other related matters concerning recognition activities;

b) Conducting evaluations and recognitions not in accordance with published procedures, not in accordance with applicable standards and technical regulations used for evaluation and recognition, or not fully implementing these procedures, requirements, standards, and technical regulations;

c) Not using updated, amended, or replaced standards and technical regulations for evaluation and recognition;

d) Issuing certificates of recognition beyond authorized powers or not conducting periodic supervision of recognized organizations;

đ) Not reporting the results of recognition activities or presenting recognition files when requested by the competent authority.

2. Measures to remedy consequences:

a) Compelling the publication of evaluation and recognition procedures and other related requirements concerning recognition activities for the act of violation stipulated in point a of Clause 1 of this Article;

b) Revoking issued certificates of recognition for the acts of violation stipulated in points b, c, and d of Clause 1 of this Article.

Article 21. Acts of forgery related to standards, technical regulations, and product quality

1. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for providing false and untruthful information about product quality according to standards and technical regulations.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Forgery of conformity marks, compliance marks, conformity certificates, compliance certificates to mark on products, goods, or accompanying documents;

b) Forgery of test results, inspection results, examination results, verification results of product quality.

3. Additional forms of punishment:

a) Seizing conformity marks, compliance marks, conformity certificates, compliance certificates for the act of violation stipulated in point a of Clause 2 of this Article;

b) Seizing test result certificates, inspection certificates, examination certificates, verification certificates of product quality for the act of violation stipulated in point b of Clause 2 of this Article;

4. Measures to remedy consequences:

Compelling the removal of the forged elements marked on products, goods, or accompanying documents. In cases where removal is not possible, compelling the destruction of the non-compliant products, goods as stipulated in point a of Clause 2 of this Article.

Article 22. Violations of product quality inspection regulations by organizations designated to inspect product quality

1. A fine of from VND 500,000 to VND 1,500,000 shall be imposed on an organization designated to inspect product quality for any of the following acts:

a) Conducting product quality inspections without being authorized by a competent state agency or without having an inspection procedure.

b) Not implementing or not fully implementing the product quality inspection procedures as prescribed.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on the act of inspecting product quality outside the scope of quality inspection authorized by a competent authority.

3. Measures to remedy consequences:

Order the recovery of product quality inspection results issued in violation of Clause 1 and Clause 2 of this Article.

Section 3. ADMINISTRATIVE VIOLATIONS REGARDING PRODUCT LABELS AND BARCODES

Article 23. Violations of product labeling regulations in production, importation, and sale of products and goods

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

a) Selling goods with labels that are torn, faded, illegible, or have been altered or erased.

b) Selling goods with labels that are covered up or partially illegible.

c) Selling goods that require labels but lack them.

2. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed for any of the following acts:

a) Producing or importing goods with labels that are torn, faded, or illegible.

b) Producing or importing goods with labels that are covered up or partially illegible.

c) Producing or importing goods with labels, including original labels or secondary labels, that have been erased or altered, causing false information about the goods.

3. Measures to remedy consequences:

Order the recall of goods with non-compliant labels and re-labeling according to regulations for violations stipulated in Clause 1 and Clause 2 of this Article.

Article 24. Violations of regulations regarding font size, language used, units of measurement, and advertising on product labels

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

a) Selling domestically produced goods without Vietnamese labels or with foreign-language fonts larger than Vietnamese fonts.

b) Selling goods with labels containing misleading information through images, drawings, or writing.

2. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed for any of the following acts:

a) Producing goods intended for consumption in Vietnam (including goods processed abroad) without Vietnamese labels or with foreign-language fonts larger than Vietnamese fonts.

b) Producing or importing goods with labels that do not comply with the regulations on official units of measurement.

c) Producing, importing, or exporting goods with labels containing misleading information through images, drawings, or writing.

3. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for selling imported goods with only foreign-language original labels and lacking required Vietnamese secondary labels.

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

a) Producing, processing, assembling, or packaging goods in Vietnam without complying with labeling regulations.

b) Importing goods for circulation with only foreign-language original labels and lacking required Vietnamese secondary labels.

5. Measures to remedy consequences:

a) Order the temporary suspension of circulation of non-compliant goods; order the correction of labeling violations according to regulations for violations stipulated in Clause 1, Clause 2, and point a of Clause 4 of this Article.

b) Order the temporary suspension of circulation of goods to supplement required Vietnamese secondary labels for violations stipulated in Clause 3 and point b of Clause 4 of this Article.

Article 25. Acts violating provisions on mandatory content to be displayed on product labels and mandatory content to be displayed on product labels according to the nature of the products.

1. A fine of VND 3,000,000 to VND 5,000,000 for selling products without marking any of the mandatory contents on product labels or mandatory contents to be displayed on product labels according to the nature of the products as prescribed by laws on product labels.

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

a) Producing products in Vietnam but not marking any of the mandatory contents on product labels or mandatory contents to be displayed on product labels according to the nature of the products as prescribed by laws on product labels;

b) Importing products but the labels do not mark any of the mandatory contents or mandatory contents to be displayed on product labels according to the nature of the products as prescribed by laws on product labels.

3. A fine of VND 12,000,000 to VND 20,000,000 for violations stipulated in Clause 2 of this Article where the products fall under any of the following cases:

a) Products are foodstuffs, medicines for human use, veterinary drugs, animal feed, plant protection chemicals, crop and livestock seeds;

b) Products bear product labels with expiration dates that cannot be distinguished or have had their expiration dates erased or altered, as provided for in point a, Clause 3 of this Article;

c) Products bearing counterfeit product labels.

4. Measures to remedy consequences:

a) Order suspension of circulation of products; order correction of violations related to product labels in accordance with the provisions for violations stipulated in Clause 1 and Clause 2 of this Article;

b) Order destruction of non-compliant product labels; order destruction of products and goods with quality not ensuring safety for humans, animals, crops, and the environment for violations stipulated in Clause 3 of this Article.

Article 26. Acts violating regulations on the use of barcode numbers

1. A fine of from VND 300,000 to VND 500,000 shall be imposed for any of the following acts:

a) Failure to notify in writing to the competent authority when there is a change in name, address, or when the Barcode Usage Certificate is lost or damaged;

b) Failure to submit a list of Global Trade Item Numbers (GTINs) and Global Location Numbers (GLNs) used to the competent state management agency for barcodes;

c) Failure to notify in writing, accompanied by proof of permission to use foreign barcode numbers, to the competent authority when using foreign barcode numbers for products manufactured in Vietnam.

2. A fine of VND 3,000,000 to VND 6,000,000 for any of the following acts:

a) Using a barcode number with the Vietnamese National Code (893) without having been granted a certificate of right to use barcode numbers by the competent authority;

b) Illegally using the barcode numbers of another enterprise that has been granted a certificate of right to use barcode numbers by the competent authority;

c) Using signs causing confusion with barcode numbers.

3. A fine of VND 7,000,000 to VND 10,000,000 for using foreign barcode numbers to print on products manufactured in Vietnam for export purposes without obtaining permission from the relevant foreign authority or the foreign organization as the owner.

4. Measures to remedy consequences:

a) Order compliance with regulations on barcode numbers for violations stipulated in Clause 1 of this Article;

b) Order cessation of use of barcode numbers and recall of products bearing non-compliant barcode numbers for violations stipulated in Clause 2 and Clause 3 of this Article.

Article 27. Acts violating regulations on the use of certificates and issuance of barcode number certificates

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

a) Forgery of the Certificate of Right to Use Barcode Numbers;

b) Issuance of the Certificate of Right to Use Barcode Numbers beyond authority.

2. Additional forms of punishment:

Seize the Certificate of Right to Use Barcode Numbers for acts violating the provisions stipulated in point a, Clause 1 of this Article.

3. Measures to remedy consequences:

Compel the recovery of the Certificate of Right to Use Barcode Numbers for acts violating the provisions stipulated in point b, Clause 1 of this Article.

Section 4. ACTS OBSTRUCTING INSPECTION AND AUDIT ACTIVITIES

Article 28. Acts obstructing inspection and audit activities in the field of standards, measurement, and product quality

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

a) Refusing to provide information or documents; providing false information or incomplete information to inspection and audit agencies or persons authorized by state management agencies regarding standards, measurement, and product quality;

b) Obstructing, creating difficulties, or evading inspection or audit by the competent authority;

c) Intentionally delaying, evading, or failing to execute administrative decisions of authorized persons, not implementing requests, conclusions, and decisions of inspection and audit teams regarding standards, measurement, and product quality.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Unauthorized removal of seals on goods or evidence under seal or temporary detention by inspection agencies;

b) Dispersal or destruction of goods or evidence under inspection or temporary detention.

3. Measures to remedy consequences:

Compel the recovery of dispersed objects and means for acts violating the provisions stipulated in point b, Clause 2 of this Article.

Chapter III

AUTHORITY AND PROCEDURES FOR IMPOSING PENALTIES

Article 29. Authority to impose penalties of specialized science and technology inspectors

1. Specialized science and technology inspectors performing official duties have the right:

a) To issue warnings;

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

c) Confiscate items or means used to commit administrative violations with a value up to 2,000,000 VND;

d) Apply remedial measures prescribed in Clause 3, Article 3 of this Decree, except for points b and d.

2. The Chief Inspector of the Department of Science and Technology has the right:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Suspend the use of decisions, licenses, or professional certificates issued by competent authorities in the field of standards, measurement, and product quality for a limited or unlimited period;

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

d) Apply remedial measures prescribed in Clause 3, Article 3 of this Decree, except for the measure of re-exportation.

3. The Director of the Science and Technology Inspectorate has the right:

a) To issue warnings;

b) Impose fines at the maximum level as prescribed in this Decree;

c) Suspend the use of decisions, licenses, or professional certificates issued by competent authorities in the field of standards, measurement, and product quality for a limited or unlimited period;

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

d) Apply remedial measures prescribed in Clause 3, Article 3 of this Decree, except for the measure of re-exportation.

Article 30. Authority to handle administrative violations of Chairpersons of People's Committees at all levels.

1. The Chairperson of the People's Committee at the commune level has the authority to impose administrative penalties in the field of standards, measurement, and product quality for acts stipulated in Article 6, Clause 1, Article 7, Clause 1, Article 8 of this Decree and apply remedial measures prescribed in points a, c, e, and g, Clause 3, Article 3 of this Decree.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscate the objects and means used to commit administrative violations;

d) Apply remedial measures prescribed in Clause 3, Article 3 of this Decree, except for the measures of re-exportation.

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

b) Impose fines at the maximum level as prescribed in this Decree;

c) Confiscate the objects and means used to commit administrative violations;

d) Apply remedial measures prescribed in Clause 3, Article 3 of this Decree.

Article 31. Competence to impose administrative penalties of other agencies

Agencies such as the Police, Customs, Market Management, Specialized Inspectors, and other agencies within their assigned functions, tasks, and authorities, if they discover administrative violations in the field of standards, measurement, and product and commodity quality, shall have the authority to impose administrative penalties in accordance with the Administrative Violations Handling Ordinance and the provisions of this Decree.

Chapter IV

IMPLEMENTING PROVISIONS

Article 32. Effectiveness

This Decree takes effect from July 31, 2009. This Decree replaces Government Decree No. 126/2005/NĐ-CP dated October 10, 2005 on administrative penalties in the field of measurement and product and commodity quality, and Government Decree No. 95/2007/NĐ-CP dated June 4, 2007 amending and supplementing certain articles of Government Decree No. 126/2005/NĐ-CP dated October 10, 2005. All previous regulations that conflict with this Decree are hereby abolished.

Article 33. Guidance for Implementation

The Minister of Science and Technology is responsible for guiding the implementation of this Decree.

Article 34. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.