Decree No. 80/2013/NĐ-CP on administrative penalties for violations in the fields of standards, measurement, and product quality.

DECREE

Regulations on administrative penalties for violations in the field of standards, measurement, and product quality

 and goods quality

__________________

 

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 Law on Measurement dated November 11, 2011;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to the proposal of the Minister of Science and Technology;

The Government issues this Decree to regulate administrative penalties for violations in the field of standards, measurement, and product quality

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms of penalty and fines, measures to remedy consequences, authority and procedures for imposing administrative penalties in the fields of standards and technical regulations; measurement; product and goods quality (hereinafter referred to as the field of standards, measurement, and product quality).

2. Other acts of administrative violation in the field of standards, measurement, and product quality not specified in this Decree shall be subject to provisions in other decrees of the Government on administrative penalties in the relevant state management areas for punishment.

Article 2. Forms of penalty, measures to remedy consequences

1. For each act of administrative violation in the field of standards, measurement, and product quality, organizations and individuals must bear one of the main forms of penalty, which is warning or fine.

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

a) Suspension of the right to use for a period: Standard conformity certificate; technical regulation conformity certificate; standard conformity mark; technical regulation conformity mark; registration certificate for the field of conformity assessment activities; registration certificate for inspection, calibration, testing activities; inspection certificate; calibration certificate; certification decision for inspectors; recognition decision for inspection capabilities, designation decision for inspection, calibration, testing organizations; designation decision for conformity assessment organizations; approval decision for samples; barcode usage code certificate; business operation conditions compliance certificate issued by competent state authorities for violations related to measurement in the use of group 2 measuring instruments and violations related to goods quality circulating in the market;

b) Suspension of operations for a period carried out in accordance with Clause 2, Article 25 of the Law on Handling Administrative Violations;

c) Confiscation of evidence and means of administrative violation in the field of standards, measurement, and product quality.

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

a) Compel the recovery of inspection, calibration, accreditation certificates, testing results, conformity assessment results;

b) Compel the recycling or re-export or destruction of products, goods violating laws on standards, measurement, and product quality or measuring instruments, metrology standards produced or imported in violation of measurement regulations;

c) Compel the recovery of products, goods or measuring instruments violating laws on standards, measurement, and product quality that have been circulated;

d) Compel the return of illegal profits obtained from implementing administrative violations or compel the payment of an amount equal to the value of confiscated evidence and means of administrative violation that have been consumed, dispersed, destroyed contrary to the law;

đ) Compel the change of purpose of use or compel the correction of false or misleading information;

e) Compel the cancellation of calibration results or comparison results already performed.

Article 3. Provisions on the maximum fine amount

1. The maximum fine amount for individuals in the field of measurement is 100,000,000 VND, for organizations it is 200,000,000 VND; the maximum fine amount for individuals in the field of standards, product quality, and goods is 150,000,000 VND, for organizations it is 300,000,000 VND, except for the cases stipulated in Points d, e, g, h Clause 2 Article 14; Points d, e, g, h Clause 2 Article 15; Points d, e, g, h Clause 2 Article 16 and Clause 5, Clause 6, Clause 7 Article 20 of this Decree.

2. The fines prescribed in this Decree apply to organizations. For individuals committing the same violation, the fine amount shall be reduced by half, except for Articles 11, 12, 13 of this Decree.

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND AMOUNTS

Section 1

ADMINISTRATIVE VIOLATIONS REGARDING MEASUREMENT

Article 4. Violations in the activities of maintaining national standards by designated organizations

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

a) Not implementing or implementing incorrectly the regulations on maintaining, preserving, and using national standards;

b) Not regularly calibrating or comparing national standards with international standards or with foreign national standards that have been calibrated or compared with international standards;

c) Not performing calibration or comparison to transmit the accuracy of national standards to lower-accuracy measuring standards;

d) Not establishing and maintaining a management system to implement activities of maintaining, preserving, and using national standards as prescribed.

2. Fine from 10,000,000 VND to 30,000,000 VND for any of the following violations:

a) Using incorrect national standards to perform calibration or comparison of national standards with international standards or foreign national standards; calibrating or comparing the transmission of the accuracy of national standards to lower-accuracy measuring standards;

b) Not reporting when there are errors or damage to national standards or requesting the suspension of the validity of the decision approving national standards, designating organizations to maintain national standards.

3. Measures to remedy consequences:

Order the cancellation of the results of calibration or comparison already performed for the violation stipulated in Point a Clause 2 of this Article.

Article 5. Violations in the production, import, sale, and use of standard substances, measuring standards

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

a) Producing, importing, selling standard substances, measuring standards without labels or with labels not correctly marked according to regulations or without marking or engraving units of measurement according to legal units of measurement;

b) Producing, importing, selling standard substances, measuring standards not meeting technical measurement requirements announced by organizations or individuals or prescribed by competent metrology authorities.

2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:

a) Not performing calibration or comparison of measuring standards with national standards or higher-accuracy measuring standards at designated calibration organizations before putting measuring standards into use;

b) Not performing testing or comparison of standard substances at designated testing organizations before putting them into use.

3. Measures to remedy consequences:

Order the recall, destruction, or re-exportation of standard substances, measuring standards for the violation stipulated in Point b Clause 1 of this Article.

Article 6. Violations in the production of measuring instruments

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

a) Producing measuring instruments without labels or with labels of measuring instruments incorrectly marked according to regulations;

b) Producing Group 2 measuring instruments not meeting technical measurement requirements announced by organizations or individuals;

c) Not marking or engraving units of measurement according to legal units of measurement.

2. Fine from 10,000,000 VND to 20,000,000 VND for the failure to perform initial verification of Group 2 measuring instruments before putting them into use.

3. Fine from 20,000,000 VND to 40,000,000 VND for any of the following violations:

a) Producing Group 2 measuring instruments without sample approval;

b) Producing Group 2 measuring instruments with approved samples but the sample approval decision has expired.

4. Fine from 40,000,000 VND to 60,000,000 VND for producing Group 2 measuring instruments not in accordance with the approved measuring instrument models.

5. Additional forms of punishment:

Suspend the use of the decision approving the measuring instrument model for 01 month to 03 months for the violation stipulated in Clause 4 of this Article.

6. Measures to remedy consequences:

Order the recycling or destruction of measuring instruments for the violation stipulated in Point b Clause 1, Clause 4 of this Article.

Article 7. Violations in importing measuring instruments

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

a) Importing measuring instruments without labels or with labels that do not comply with regulations;

b) Importing group 1 measuring instruments that do not meet the technical measurement requirements announced by organizations or individuals;

c) Importing group 2 measuring instruments without marking or engraving the legal measurement units.

2. A fine of VND 10,000,000 to VND 20,000,000 for failing to conduct initial verification on imported group 2 measuring instruments before putting them into use.

3. Fine from 20,000,000 VND to 40,000,000 VND for any of the following violations:

a) Importing group 2 measuring instruments that have not been approved by sample;

b) Importing group 2 measuring instruments that have been approved by sample but the approval decision has expired.

4. A fine of VND 40,000,000 to VND 60,000,000 for importing group 2 measuring instruments that do not conform to the approved measuring instrument models by the competent authority.

5. Additional forms of punishment:

Suspend the use of the decision approving the measuring instrument model for 01 month to 03 months for the violation stipulated in Clause 4 of this Article.

6. Measures to remedy consequences:

Order re-export or destruction of the measuring instruments for violations stipulated in Points b and c, Clause 1, and Clause 4 of this Article.

Article 8. Violations in repairing measuring instruments

1. A fine of VND 5,000,000 to VND 10,000,000 for repairing group 1 measuring instruments that do not meet the technical measurement requirements announced by organizations or individuals.

2. A fine of VND 10,000,000 to VND 20,000,000 for failing to conduct verification on repaired group 2 measuring instruments before putting them into use.

3. A fine of between 20,000,000 VND and 30,000,000 VND shall be imposed for one of the following acts:

a) Repairing group 2 measuring instruments that do not conform to the approved measuring instrument models by the competent authority;

b) Replacing the structure of the measuring instrument but not changing its technical measurement characteristics or causing it to deviate.

4. A fine of VND 40,000,000 to VND 50,000,000 for intentionally affecting or replacing the structure of the measuring instrument causing it to deviate or changing its technical measurement characteristics.

5. Measures to remedy consequences:

Order the return of illegal profits obtained from implementing the violation stipulated in Clause 4 of this Article.

Article 9. Violations in trading measuring instruments

1. A fine of VND 1,000,000 to VND 2,000,000 for one of the following acts:

a) Trading measuring instruments without labels or with labels that do not comply with the prescribed content;

b) Trading group 1 measuring instruments that do not meet the technical measurement requirements announced by organizations or individuals;

c) Trading group 2 measuring instruments without marking or engraving the legal measurement units.

2. A fine of VND 2,000,000 to VND 4,000,000 for one of the following acts:

a) Trading group 2 measuring instruments that have not been verified;

b) Trading group 2 measuring instruments that have not been approved by sample;

c) Trading group 2 measuring instruments that do not conform to the approved measuring instrument models by the competent authority.

3. Measures to remedy consequences:

Order the destruction of the measuring instruments for violations stipulated in Point b, Clause 1, and Points b and c, Clause 2 of this Article.

Article 10. Violations in using group 2 measuring instruments

1. Warning or a fine of VND 200,000 to VND 600,000 for one of the following acts when using measuring instruments valued at less than VND 1,000,000 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) Not having a verification certificate or verification seal or verification label (hereinafter referred to as verification certificate) as prescribed;

b) Using a verification certificate that has expired;

c) Unauthorized removal of seals, lead seals, verification seals, or verification labels on measuring instruments;

d) Measuring instruments not meeting the prescribed technical measurement requirements.

2. A fine of VND 2,000,000 to VND 10,000,000 for one of the following acts when using measuring instruments valued between VND 1,000,000 and VND 30,000,000 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) Not having a verification certificate as prescribed;

b) Using a verification certificate that has expired;

c) Unauthorized removal of seals, lead seals, verification seals, or verification labels on measuring instruments;

d) Not conducting comparative verification as prescribed.

3. A fine of VND 10,000,000 to VND 20,000,000 for one of the acts stipulated in Clause 2 of this Article when using measuring instruments valued at VND 30,000,000 or more 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.

4. A fine of VND 25,000,000 to VND 35,000,000 for using measuring instruments valued at VND 1,000,000 or more 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 that are faulty, damaged, or do not meet the prescribed technical measurement requirements.

5. A fine of VND 70,000,000 to VND 100,000,000 for one of the following acts when using measuring instruments valued at VND 1,000,000 or more 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) Using a forged verification certificate;

b) Changing the technical structure or technical measurement characteristics of the measuring instrument;

c) Affecting, adjusting, repairing, adding, removing, or replacing the technical structure of the measuring instrument causing deviation in measurement results or using other devices to adjust the error of the measuring instrument beyond the allowable error limit;

d) Failing to conduct verification on measuring instruments within the prescribed period according to the requirements of the competent authority.

6. Additional forms of punishment:

a) Seize the evidence and means of violation for violations stipulated in Points b and c, Clause 5 of this Article;

b) Suspend the right to use the business license issued by the state authority for a period of 01 month to 06 months for violations stipulated in Clauses 4 and 5 of this Article.

7. Measures to remedy consequences:

a) Order the cancellation of the verification certificate for violations stipulated in Point a, Clause 5 of this Article;

b) Order the return of illegal profits obtained from implementing the violations stipulated in Clause 4, Points b and c, Clause 5 of this Article.

Article 11. Violations of metrology inspectors and inspection organizations

1. A fine of VND 2,000,000 to VND 4,000,000 for any of the following acts committed by a metrology inspector:

a) Not complying with the announced inspection procedures or the inspection process prescribed by the competent authority on measurement;

b) Conducting inspections of group 2 measuring instruments without a decision certifying the metrology inspector or such decision has expired;

c) Using calibration certificates not in accordance with regulations; sealing and lead sealing not in accordance with regulations;

d) Inspecting group 2 measuring instruments that have not been approved or not in accordance with the approved model.

2. A fine of VND 5,000,000 to VND 10,000,000 for any of the following acts committed by organizations providing inspection services for measuring instruments and measurement standards:

a) Not registering inspection activities as prescribed;

b) Conducting inspections outside the registered scope;

c) Not complying with the announced inspection procedures;

d) Not maintaining the registered inspection activity conditions in accordance with regulations.

3. A fine of VND 10,000,000 to VND 20,000,000 for any of the following acts committed by inspection organizations:

a) Inspecting group 2 measuring instruments beyond the designated scope or recognized inspection capability;

b) Conducting inspections of group 2 measuring instruments when the designation decision or recognition decision has expired;

c) Using measurement standards with expired calibration certificates to inspect group 2 measuring instruments;

d) Using measurement standards to inspect group 2 measuring instruments without a decision from the competent authority certifying the measurement standard for inspecting group 2 measuring instruments or such decision has expired.

4. A fine of VND 30,000,000 to VND 50,000,000 for the act of issuing calibration certificates for group 2 measuring instruments without conducting inspections.

5. Additional forms of punishment:

a) Revoking the right to use the decision certifying the metrology inspector for a period of one to three months for violations stipulated in Clause 1, Clause 4 of this Article;

b) Suspending the operation of inspection organizations for a period of one to three months for violations stipulated in Clause 2, Clause 3, Clause 4 of this Article.

6. Measures to remedy consequences:

Compelling the recall of calibration certificates for violations stipulated in Clause 4 of this Article.

Article 12. Violations of calibration technicians and calibration organizations

1. A fine of VND 2,000,000 to VND 4,000,000 for any of the following acts committed by calibration technicians:

a) Not complying with the announced calibration procedures or the calibration process prescribed by the competent authority on measurement;

b) Using calibration certificates not in accordance with regulations.

2. A fine of VND 5,000,000 to VND 10,000,000 for any of the following acts committed by organizations providing calibration services for measuring instruments and measurement standards:

a) Not registering calibration activities as prescribed;

b) Conducting calibrations outside the registered scope;

c) Not complying with the announced calibration procedures;

d) Not maintaining the registered calibration activity conditions in accordance with regulations.

3. A fine of VND 30,000,000 to VND 50,000,000 for any of the following acts committed by calibration organizations:

a) Calibrating measurement standards for inspecting group 2 measuring instruments beyond the designated scope;

b) Conducting calibrations of measurement standards for inspecting group 2 measuring instruments when the designation decision has expired;

c) Not maintaining the designated calibration activity conditions in accordance with regulations.

4. A fine of VND 50,000,000 to VND 80,000,000 for the act of issuing calibration certificates for measurement standards for inspecting group 2 measuring instruments without conducting calibrations.

5. Additional forms of punishment:

a) Revoking the right to use the registration certificate for calibration activities for a period of one to three months for violations stipulated at Points b, d Clause 2 of this Article;

b) Suspending the operation of calibration organizations for a period of one to three months for violations stipulated in Clause 3, Clause 4 of this Article.

6. Measures to remedy consequences:

Compelling the recall of calibration certificates for violations stipulated in Clause 4 of this Article.

Article 13. Violations by testing technicians and testing organizations

1. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed on a testing technician for any of the following acts:

a) Not complying with the announced testing procedures or testing processes prescribed by the competent authority for measurement;

b) Using a testing certificate not in accordance with regulations.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on a service testing organization for measuring instruments and measurement standards for any of the following acts:

a) Not registering testing activities as prescribed;

b) Conducting tests outside the scope of registered activities;

c) Not complying with the announced testing procedures;

d) Not maintaining the registered testing activity conditions in accordance with regulations.

3. A fine of VND 25,000,000 to VND 35,000,000 shall be imposed on a designated testing organization for any of the following acts:

a) Testing samples of group 2 measuring instruments beyond the designated scope;

b) Conducting tests on samples of group 2 measuring instruments when the designation decision has expired;

c) Not maintaining the designated testing activity conditions in accordance with regulations.

4. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on the act of not conducting tests but issuing test results for group 2 measuring instrument samples.

5. Additional forms of punishment:

a) Revocation of the right to use the registration certificate for testing activities from one month to three months for violations stipulated in Points b and d, Clause 2 of this Article;

b) Suspension of the operation of the testing organization from one month to three months for violations stipulated in Point c, Clause 3, and Clause 4 of this Article.

6. Measures to remedy consequences:

Compulsory recovery of test results for violations stipulated in Clause 4 of this Article.

Article 14. Violations related to measurements for group 2 measurements

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

a) Not complying with the requirements regarding professional qualifications and expertise for persons using measuring instruments when performing group 2 measurements as prescribed by the management authority for measurements;

b) Not ensuring the conditions prescribed for relevant persons with rights and obligations to supervise and inspect the implementation of measurements, measurement methods, measuring instruments, quantities of goods, and services.

2. The amount of the fine for violations related to measurements in the purchase and sale of goods and provision of services where the quantity of goods or services deviates beyond the permissible error limit according to technical measurement requirements for measurements published by organizations or individuals or prescribed by the competent authority for illegal profit shall be as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 if the illegal profit obtained is up to VND 10,000,000;

b) A fine of VND 10,000,000 to VND 20,000,000 if the illegal profit obtained is from VND 10,000,000 to VND 50,000,000;

c) A fine of VND 20,000,000 to VND 40,000,000 if the illegal profit obtained is from VND 50,000,000 to VND 100,000,000;

d) A fine of VND 40,000,000 to VND 60,000,000 if the illegal profit obtained is from VND 100,000,000 to VND 200,000,000;

đ) A fine of one to two times the amount of illegal profit obtained if the illegal profit obtained is from VND 200,000,000 to VND 300,000,000;

e) A fine of two to three times the amount of illegal profit obtained if the illegal profit obtained is from VND 300,000,000 to VND 400,000,000;

g) A fine of three to four times the amount of illegal profit obtained if the illegal profit obtained is from VND 400,000,000 to VND 500,000,000;

h) A fine of four to five times the amount of illegal profit obtained if the illegal profit obtained is over VND 500,000,000.

3. Measures to remedy consequences:

Compulsory repayment of the illegal profit obtained for violations stipulated in Points a, b, c, and d, Clause 2 of this Article.

Article 15. Violations concerning the quantity of pre-packaged goods in production or import

1. A fine of from VND 4,000,000 to VND 8,000,000 shall be imposed on any of the following acts in the production or import of pre-packaged goods:

a) Not marking the quantity of pre-packaged goods on the product label or marking it incorrectly; not marking or engraving the unit of measurement according to the legal unit of measurement;

b) The quantity of pre-packaged goods does not match the information marked on the product label or accompanying documents, or does not meet the technical measurement requirements announced by the organization or individual producing or importing such goods;

c) Not having a certificate of eligibility for using the quantity verification mark on the label of Group 2 pre-packaged goods or a certificate that has expired;

d) Not displaying the quantity verification mark on the label of Group 2 pre-packaged goods as prescribed.

2. The amount of fine for the act of producing or importing pre-packaged goods where the quantity of such pre-packaged goods has an average value lower than the permissible average value according to the technical measurement requirements announced by the organization or individual or prescribed by the competent authority for illegal profit shall be as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 if the illegal profit obtained is up to VND 10,000,000;

b) A fine of VND 10,000,000 to VND 20,000,000 if the illegal profit obtained is from VND 10,000,000 to VND 50,000,000;

c) A fine of VND 20,000,000 to VND 40,000,000 if the illegal profit obtained is from VND 50,000,000 to VND 100,000,000;

d) A fine of VND 40,000,000 to VND 60,000,000 if the illegal profit obtained is from VND 100,000,000 to VND 200,000,000;

đ) A fine of one to two times the amount of illegal profit obtained if the illegal profit obtained is from VND 200,000,000 to VND 300,000,000;

e) A fine of two to three times the amount of illegal profit obtained if the illegal profit obtained is from VND 300,000,000 to VND 400,000,000;

g) A fine of three to four times the amount of illegal profit obtained if the illegal profit obtained is from VND 400,000,000 to VND 500,000,000;

h) A fine of four to five times the amount of illegal profit obtained if the illegal profit obtained is over VND 500,000,000.

3. Measures to remedy consequences:

Compulsory repayment of the illegal profit obtained for violations stipulated in Points a, b, c, and d, Clause 2 of this Article.

Article 16. Violations concerning measurement of the quantity of pre-packaged goods in trade

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

a) Trading in pre-packaged goods without marking the quantity on the product label or marking it incorrectly; marking or engraving the unit of measurement incorrectly according to the legal unit of measurement;

b) Trading in pre-packaged goods with a quantity that does not match the information marked on the product label or accompanying documents, or does not meet the technical measurement requirements announced by the organization or individual producing or importing such goods;

c) Trading in Group 2 pre-packaged goods without displaying the quantity verification mark on the label as prescribed.

2. The amount of fine for the act of trading in pre-packaged goods where the quantity of such pre-packaged goods has an average value lower than the permissible average value according to the technical measurement requirements announced by the organization or individual or prescribed by the competent authority for illegal profit shall be as follows:

a) A fine of from VND 2,000,000 to VND 5,000,000 in cases where the amount of illegal profit obtained is up to VND 10,000,000;

b) A fine of from VND 5,000,000 to VND 10,000,000 in cases where the amount of illegal profit obtained is from over VND 10,000,000 to VND 50,000,000;

c) A fine of from VND 10,000,000 to VND 20,000,000 in cases where the amount of illegal profit obtained is from over VND 50,000,000 to VND 100,000,000;

d) A fine of from VND 20,000,000 to VND 40,000,000 in cases where the amount of illegal profit obtained is from over VND 100,000,000 to VND 200,000,000;

đ) A fine equal to from one time to two times the amount of illegal profit obtained in cases where the amount of illegal profit obtained is from over VND 200,000,000 to VND 300,000,000;

e) A fine of two to three times the amount of illegal profit obtained if the illegal profit obtained is from VND 300,000,000 to VND 400,000,000;

g) A fine of three to four times the amount of illegal profit obtained if the illegal profit obtained is from VND 400,000,000 to VND 500,000,000;

h) A fine equal to from four times to five times the amount of illegal profit obtained in cases where the amount of illegal profit obtained is from over VND 500,000,000;

3. Measures to remedy consequences:

Order the return of the amount of illegal profit obtained in violation of the provisions of points a, b, c, d Clause 2 of this Article.

Section 2

ADMINISTRATIVE VIOLATIONS CONCERNING STANDARDS, TECHNICAL REGULATIONS; QUALITY OF PRODUCTS AND GOODS

Article 17. Violation of provisions on announcing applicable standards

1. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for the act of not announcing applicable standards as prescribed in production or import.

2. A fine of VND 6,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

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

b) The content of the announced applicable standard does not comply with the technical regulation requirements.

3. Measures to remedy consequences:

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

b) Order to change the purpose of use or recycle products or goods for violations stipulated in Point a Clause 2 of this Article.

Article 18. Violation of conformity assessment regulations

1. The amount of fine for violating the provisions on announcing conformity assessment, conformity mark, or products or goods with quality not complying with the announced standard in wholesale or retail sales shall be as follows:

a) Warning or a fine of VND 50,000 to VND 200,000 for a batch of goods in violation with a value up to VND 10,000,000;

b) A fine of VND 200,000 to VND 500,000 in case the batch of goods in violation has a value from over VND 10,000,000 to VND 20,000,000;

c) A fine of VND 500,000 to VND 2,000,000 in case the batch of goods in violation has a value from over VND 20,000,000 to VND 40,000,000;

d) A fine of VND 3,000,000 to VND 9,000,000 in case the batch of goods in violation has a value from over VND 40,000,000 to VND 80,000,000;

đ) A fine of VND 10,000,000 to VND 30,000,000 in case the batch of goods in violation has a value from over VND 80,000,000 to VND 160,000,000;

e) A fine of VND 30,000,000 to VND 50,000,000 in case the batch of goods in violation has a value over VND 160,000,000.

2. A fine of VND 5,000,000 to VND 15,000,000 shall be imposed for one of the following acts in producing or importing products or goods that violate the announcement of conformity assessment:

a) Not complying with the prescribed procedures and formalities for announcing conformity assessment;

b) Not keeping the conformity assessment announcement records as prescribed;

c) Using the conformity mark not in accordance with the regulations;

d) Conducting conformity assessment without registering the conformity assessment announcement record with the competent state agency where the organization or individual conducts business registration;

đ) Not re-performing the conformity assessment announcement when there is any change in the content of the registered conformity assessment announcement record or any change in the characteristics, functions, or features of the products, goods, or services that have been announced for conformity assessment;

3. The amount of fine for producing or importing products or goods with quality not complying with the conformity assessment announcement record shall be as follows:

a) A fine of VND 1,000,000 to VND 2,000,000 in case the batch of goods in violation has a value up to VND 10,000,000;

b) A fine of VND 2,000,000 to VND 4,000,000 in case the batch of goods in violation has a value from over VND 10,000,000 to VND 20,000,000;

c) A fine of VND 4,000,000 to VND 10,000,000 in case the batch of goods in violation has a value from over VND 20,000,000 to VND 40,000,000;

d) A fine of VND 10,000,000 to VND 25,000,000 in case the batch of goods in violation has a value from over VND 40,000,000 to VND 80,000,000;

đ) A fine of VND 25,000,000 to VND 50,000,000 for a batch of goods in violation with a value from over VND 80,000,000 to VND 150,000,000;

e) A fine of VND 50,000,000 to VND 100,000,000 in case the batch of goods in violation has a value from over VND 150,000,000 to VND 300,000,000;

g) A fine of VND 100,000,000 to VND 200,000,000 in case the batch of goods in violation has a value over VND 300,000,000.

4. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for one of the following acts:

a) Not maintaining quality control, testing, and regular monitoring as prescribed;

b) Not suspending production and recalling non-conforming products or goods circulating in the market when such products or goods pose a high risk of safety to users; not stopping operation, exploitation of related processes, services, environments when necessary;

c) Not taking corrective actions upon discovering non-conforming products, goods, or services;

d) Not notifying in writing the competent state agency about the results of corrective actions before continuing to put products, goods, or services into use, circulation, exploitation, or business.

5. Measures to remedy consequences:

Order to recall products or goods with non-compliant quality circulating in the market or order to change the purpose of use, recycle, or re-export products or goods for violations stipulated in Clause 3, Points b, c Clause 4 of this Article.

Article 19. Violation of conformity assessment regulations

1. The amount of fine for violating the regulations on declaring conformity and using conformity marks in the sale of products and goods that must declare conformity shall be as follows:

a) Warning or a fine from VND 100,000 to VND 400,000 in cases where the batch value of the violation is up to VND 5,000,000;

b) A fine from VND 500,000 to VND 1,000,000 in cases where the batch value of the violation is from over VND 5,000,000 to VND 10,000,000;

c) A fine from VND 2,000,000 to VND 4,000,000 in cases where the batch value of the violation is from over VND 10,000,000 to VND 20,000,000;

d) A fine from VND 6,000,000 to VND 12,000,000 in cases where the batch value of the violation is from over VND 20,000,000 to VND 40,000,000;

đ) A fine from VND 15,000,000 to VND 30,000,000 in cases where the batch value of the violation is from over VND 40,000,000 to VND 80,000,000;

e) A fine from VND 40,000,000 to VND 60,000,000 in cases where the batch value of the violation is from over VND 80,000,000 to VND 200,000,000;

g) A fine from VND 80,000,000 to VND 100,000,000 in cases where the batch value of the violation is over VND 200,000,000.

2. The amount of fine for violating the regulations on declaring conformity and using conformity marks in the production or import of products and goods that must be certified for conformity or are not in compliance with corresponding technical standards shall be as follows:

a) A fine from VND 1,000,000 to VND 2,000,000 in cases where the batch value of the violation is up to VND 5,000,000;

b) A fine from VND 2,000,000 to VND 5,000,000 in cases where the batch value of the violation is from over VND 5,000,000 to VND 10,000,000;

c) A fine from VND 5,000,000 to VND 10,000,000 in cases where the batch value of the violation is from over VND 10,000,000 to VND 20,000,000;

d) A fine from VND 10,000,000 to VND 20,000,000 in cases where the batch value of the violation is from over VND 20,000,000 to VND 40,000,000;

đ) A fine from VND 20,000,000 to VND 40,000,000 in cases where the batch value of the violation is from over VND 40,000,000 to VND 80,000,000;

e) A fine from VND 40,000,000 to VND 80,000,000 in cases where the batch value of the violation is from over VND 80,000,000 to VND 160,000,000;

g) A fine from VND 80,000,000 to VND 160,000,000 in cases where the batch value of the violation is from over VND 160,000,000 to VND 320,000,000;

h) A fine from VND 160,000,000 to VND 300,000,000 in cases where the batch value of the violation is from over VND 320,000,000.

3. A fine from VND 10,000,000 to VND 20,000,000 for any of the following acts in the production or import of products and goods that must declare conformity according to the corresponding technical standards:

a) Not establishing and keeping records of the declaration of conformity as prescribed;

b) Not notifying in writing and sending relevant quality-related documents of the product or goods to the competent authority as prescribed;

c) Not announcing on information media about the declaration of conformity of the product or goods so that consumers can easily access it;

d) Not providing copies of the conformity certificate or notification of acceptance of the declaration of conformity as prescribed to organizations or individuals selling the product or goods.

4. A fine from VND 20,000,000 to VND 30,000,000 for any of the following acts in the production or import of products and goods that must declare conformity according to the corresponding technical standards:

a) Not performing the declaration of conformity;

b) Not registering the declaration of conformity file with the competent state agency at the place where the organization or individual conducts business registration;

c) Not maintaining quality control, testing, and regular monitoring as prescribed;

d) Not using the conformity mark on products and goods that have been declared conforming when putting them into circulation on the market as prescribed;

đ) Not taking timely measures to prevent the circulation or use of their own goods that do not meet the declared conformity or corresponding technical standards when discovered;

e) Not re-declaring when there is a change in the content of the registered conformity declaration file or a change in the characteristics, functions, or features of the product, goods, or service that has been declared conforming;

g) Using chemicals or additives that have not been registered with the competent authority as prescribed when producing products or goods.

5. A fine from VND 50,000,000 to VND 100,000,000 for failing to perform conformity certification in the production or import of products and goods that must be certified for conformity or using expired conformity certificates or marks.

6. Additional forms of punishment:

Revocation of the right to use the conformity certificate and mark for a period of one to three months for violations stipulated in Points e, g Clause 4 of this Article.

7. Measures to remedy consequences:

a) Compulsory recall of products and goods for violations stipulated in Clause 1, Clause 2 of this Article;

b) Compulsory recall of products and goods with non-compliant quality currently circulating on the market or compulsory change of purpose of use or compulsory recycling or compulsory destruction of products and goods or compulsory re-export of imported products and goods for violations stipulated in Clause 2, Clause 4 and Clause 5 of this Article.

Article 20. Violations concerning the quality of goods circulating in the market

1. The provisions of Clause 1, Article 18 of this Decree shall be applied to impose penalties on violations of conformity requirements in wholesale and retail activities of goods circulating in the market.

2. The provisions of Clause 1, Article 19 of this Decree shall be applied to impose penalties on violations of compliance requirements in wholesale and retail activities of goods circulating in the market.

3. The Government's regulations on administrative penalties in the field of commercial activities shall be applied to impose penalties on acts of producing and trading counterfeit goods.

The provisions of Clause 5, Article 26 of this Decree shall be applied to impose penalties on the act of fraudulently declaring the shelf life of goods on the product label.

4. A warning or a fine from VND 400,000 to VND 1,000,000 shall be imposed for selling goods without announcing the applicable standards as required.

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

6. A fine from two to three times the total value of the non-compliant products or goods at the time of violation shall be imposed for substituting, swapping, adding, or removing components or additives, or mixing impurities that reduce the quality of products or goods below the announced standards.

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

a) Selling products or goods that do not meet the requirements stipulated in the corresponding technical regulations;

b) Substituting, swapping, adding, or removing components or additives, or mixing impurities that reduce the quality of products or goods below the requirements stipulated in the corresponding technical regulations.

8. Additional forms of punishment:

a) Revoking the business registration certificate issued by the competent state agency for one to six months for violations stipulated in Clause 7 of this Article;

b) Seizing and destroying products or goods that are unsafe for human beings, animals, plants, and adversely affect the environment for violations stipulated from Clause 5 to Clause 7 of this Article when remedial measures prescribed in Clause 9 of this Article are not implemented.

9. Remedial measures:

Compelling conversion of use or recycling for violations stipulated in Clauses 5, 6, and 7 of this Article.

Article 21. Violations concerning conformity assessment activities

1. A fine from VND 30,000,000 to VND 40,000,000 shall be imposed for one of the following acts:

a) Not registering the scope of activity as prescribed;

b) Conducting conformity assessment outside the registered scope.

2. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on any of the following acts:

a) Conducting conformity assessment for state management purposes outside the designated scope;

b) Conducting conformity assessment for state management purposes without designation or when the designation decision has expired;

c) Failing to maintain the organizational structure and capacity registered according to the relevant standard requirements;

d) Not complying with approved or registered conformity assessment procedures as prescribed;

đ) Not conducting periodic supervision assessments for organizations or individuals requesting conformity assessment;

e) Using testing organizations that have not registered their scope of activity as prescribed.

3. A fine from VND 70,000,000 to VND 100,000,000 shall be imposed for one of the following acts:

a) Providing false or inaccurate conformity assessment results;

b) Conducting assessments that lack independence and objectivity.

4. A fine from VND 100,000,000 to VND 150,000,000 shall be imposed for one of the following acts:

a) Using forged or false documents to register conformity assessment activities or designate conformity assessment;

b) Issuing conformity assessment results without conducting the assessment;

c) Forging conformity assessment documents;

d) Engaging in consulting activities for organizations or individuals requesting certification;

đ) Fraudulent practices in conformity assessment activities;

e) Failing to implement corrective actions for violations as required by the competent authority.

5. Additional forms of punishment:

a) Revoking the right to use the business registration certificate for the scope of activity or the designation decision for one to three months for violations stipulated in Point b, Clause 1, Clause 2, and Clause 3 of this Article;

b) Revoking the right to use the conformity assessment activity registration certificate for one to three months for violations stipulated in Points b, c, d, đ, and e, Clause 4 of this Article.

6. Measures to remedy consequences:

Compelling the recall of issued conformity assessment results for violations stipulated in Clause 3, Points b, c, d, đ, Clause 4 of this Article.

Article 22. Violations concerning training and consulting activities in the field of state management of standards, measurement, and quality

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

a) Not registering the scope of activity as prescribed;

b) Conducting training and consulting outside the registered fields.

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

a) Failing to maintain the organizational structure and capacity registered according to the corresponding standard requirements;

b) Not complying with approved or registered training and consulting procedures as prescribed.

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

a) Engaging in all or part of training and consulting activities without registering for such activities;

b) Using false or inaccurate documents to register for training and consulting activities;

c) Falsifying training and consulting documents;

4. Additional forms of administrative punishment:

Revoking the right to use the registration certificate for activity fields from one to three months for violations stipulated in Point b Clause 1, Clause 2, and Clause 3 of this Article.

Article 23. Violations concerning recognition activities

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

a) Failing to register recognition activities as prescribed;

b) Conducting recognition outside the registered fields.

2. Imposing a fine of from 30,000,000 VND to 40,000,000 VND for any of the following acts:

a) Failing to maintain the organizational structure, management system, and operational capacity of the recognition organization as prescribed;

b) Failing to publish the evaluation and recognition procedures, requirements, and other related matters concerning recognition activities;

c) Conducting evaluations and recognitions not in accordance with published procedures, failing to follow relevant technical standards and regulations for evaluation and recognition, or failing to fully implement these procedures, requirements, standards, and regulations.

3. Imposing a fine of from 40,000,000 VND to 50,000,000 VND for any of the following acts:

a) Issuing certificates of recognition beyond authority or failing to conduct regular supervision of recognized organizations;

b) Conducting recognition evaluations that do not ensure independence and objectivity;

c) Entering into contracts to provide consulting services on recognition for organizations requesting recognition;

d) Failing to rectify violations after being notified by competent authorities regarding non-compliance of conformity assessment organizations with relevant laws.

4. Imposing a fine of from 60,000,000 VND to 100,000,000 VND for any of the following acts:

a) Falsifying documents in recognition activities;

b) Failing to rectify violations as required by competent authorities;

c) Issuing and maintaining certificates of recognition for conformity assessment organizations that violate the requirements and conditions stipulated in relevant regulatory documents.

5. Additional forms of punishment:

Revoking the right to use the registration certificate for recognition activities from one to three months for violations stipulated in Point b Clause 1, Clause 2, Clause 3, and Clause 4 of this Article.

6. Measures to remedy consequences:

Compelling the recall of issued certificates of recognition for violations stipulated in Clause 3 and Clause 4 of this Article.

Article 24. Acts of falsification related to standards, technical regulations, and product quality

1. Imposing a fine of from 10,000,000 VND to 30,000,000 VND for providing false or untruthful information about product quality to consumers or through mass media.

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

a) Falsifying conformity marks, compliance marks, or conformity certificates, compliance certificates, conformity declarations, or compliance declarations to affix to products, goods, or accompanying documents;

b) Falsifying test results, inspection results, appraisal results, or certification results of product quality.

3. Additional forms of punishment:

a) Suspending production, importation, and sale of products, goods from one to three months for violations stipulated in Point a Clause 2 of this Article;

b) Confiscating test results, inspection certificates, appraisal certificates, or certification certificates for violations stipulated in Point b Clause 2 of this Article.

4. Measures to remedy consequences:

Compelling the removal of false elements affixed to products, goods, or accompanying documents. In cases where false elements cannot be removed, compelling the destruction of violating products, goods as stipulated in Point a Clause 2 of this Article.

Section 3

VIOLATIONS OF PRODUCT LABELING AND BARCODE NUMBERS

Article 25. Violation of labeling regulations for goods in product and commodity trading

1. Warning or a fine from VND 100,000 to VND 300,000 shall be imposed on one of the following acts where the value of the violating goods does not exceed VND 5,000,000:

a) Goods have labels but are covered, torn, faded, or illegible, or incompletely legible;

b) Goods that must have labels according to regulations but lack labels;

c) Goods have labels that do not comply with the prescribed font size for Vietnamese and foreign languages, language usage, and units of measurement;

d) Goods have labels that have been erased, altered, or tampered with, causing misinformation about the goods.

2. A fine shall be imposed for violations stipulated in Clause 1 of this Article according to the following levels of fines:

a) A fine from VND 300,000 to VND 500,000 where the value of the violating goods ranges from over VND 5,000,000 to VND 10,000,000;

b) A fine from VND 500,000 to VND 1,000,000 where the value of the violating goods ranges from over VND 10,000,000 to VND 20,000,000;

c) A fine from VND 1,000,000 to VND 2,000,000 where the value of the violating goods ranges from over VND 20,000,000 to VND 30,000,000;

d) A fine from VND 2,000,000 to VND 3,000,000 where the value of the violating goods ranges from over VND 30,000,000 to VND 50,000,000;

đ) A fine from VND 3,000,000 to VND 5,000,000 where the value of the violating goods ranges from over VND 50,000,000 to VND 70,000,000;

e) A fine from VND 5,000,000 to VND 7,000,000 where the value of the violating goods ranges from over VND 70,000,000 to VND 100,000,000;

g) A fine from VND 7,000,000 to VND 10,000,000 where the value of the violating goods exceeds VND 100,000,000.

3. Measures to remedy consequences:

The violative products or goods with defective labels shall be recalled or required to be relabeled in accordance with the regulations stipulated in Clauses 1 and 2 of this Article.

Article 26. Violation of mandatory content on labels or mandatory content that must be displayed on labels based on the nature of the goods

1. Warning or a fine from VND 200,000 to VND 400,000 shall be imposed on one of the following acts where the value of the violating goods does not exceed VND 5,000,000:

a) Goods have labels (including stickers or secondary labels) or accompanying documents that do not fully display or incorrectly display the mandatory content on the label or mandatory content that must be displayed on the label based on the nature of the goods as prescribed by the law on labeling;

b) Imported goods have original labels in a foreign language but lack secondary labels in Vietnamese.

2. A fine shall be imposed for violations stipulated in Clause 1 of this Article according to the following levels of fines:

a) A fine from VND 300,000 to VND 500,000 where the value of the violating goods ranges from over VND 5,000,000 to VND 10,000,000;

b) A fine from VND 500,000 to VND 1,000,000 where the value of the violating goods ranges from over VND 10,000,000 to VND 20,000,000;

c) A fine from VND 1,000,000 to VND 2,000,000 where the value of the violating goods ranges from over VND 20,000,000 to VND 30,000,000;

d) A fine from VND 2,000,000 to VND 5,000,000 where the value of the violating goods ranges from over VND 30,000,000 to VND 50,000,000;

đ) A fine from VND 5,000,000 to VND 7,000,000 where the value of the violating goods ranges from over VND 50,000,000 to VND 70,000,000;

e) A fine from VND 7,000,000 to VND 10,000,000 where the value of the violating goods ranges from over VND 70,000,000 to VND 100,000,000;

g) A fine from VND 10,000,000 to VND 15,000,000 where the value of the violating goods exceeds VND 100,000,000.

3. The level of fine for engaging in trade of goods with labels containing images, drawings, writings, signs, symbols, medals, awards, and other information that does not reflect the true nature of the goods; trading goods with labels, including original labels or secondary labels for imported goods that have been erased, altered, or tampered with, causing misinformation about the goods, shall be as follows:

a) Warning or a fine from VND 500,000 to VND 1,000,000 where the value of the violating goods does not exceed VND 5,000,000;

b) A fine from VND 1,000,000 to VND 2,000,000 where the value of the violating goods ranges from over VND 5,000,000 to VND 10,000,000;

c) A fine from VND 2,000,000 to VND 4,000,000 where the value of the violating goods ranges from over VND 10,000,000 to VND 20,000,000;

d) A fine from VND 4,000,000 to VND 6,000,000 where the value of the violating goods ranges from over VND 20,000,000 to VND 30,000,000;

đ) A fine from VND 7,000,000 to VND 10,000,000 where the value of the violating goods ranges from over VND 30,000,000 to VND 50,000,000;

e) A fine from VND 10,000,000 to VND 15,000,000 where the value of the violating goods ranges from over VND 50,000,000 to VND 70,000,000;

g) A fine from VND 15,000,000 to VND 20,000,000 where the value of the violating goods ranges from over VND 70,000,000 to VND 100,000,000;

h) A fine from VND 20,000,000 to VND 25,000,000 where the value of the violating goods exceeds VND 100,000,000.

4. The level of fine for engaging in trade of imported goods that must have labels but lack labels; or lack original labels or have original labels that have been changed, shall be as follows:

a) Warning or a fine from VND 1,000,000 to VND 2,000,000 if the value of the violating goods does not exceed VND 5,000,000;

b) A fine from VND 2,000,000 to VND 3,000,000 where the value of the violating goods ranges from over VND 5,000,000 to VND 10,000,000;

c) A fine from VND 3,000,000 to VND 6,000,000 where the value of the violating goods ranges from over VND 10,000,000 to VND 20,000,000;

d) A fine from VND 6,000,000 to VND 12,000,000 where the value of the violating goods ranges from over VND 20,000,000 to VND 30,000,000;

đ) A fine from VND 12,000,000 to VND 20,000,000 where the value of the violating goods ranges from over VND 30,000,000 to VND 50,000,000;

e) A fine from VND 20,000,000 to VND 25,000,000 where the value of the violating goods ranges from over VND 50,000,000 to VND 70,000,000;

g) A fine from VND 25,000,000 to VND 30,000,000 where the value of the violating goods ranges from over VND 70,000,000 to VND 100,000,000;

h) A fine from VND 30,000,000 to VND 40,000,000 where the value of the violating goods exceeds VND 100,000,000.

5. A fine twice the amount of the fine specified in Clauses 1 to 4 of this Article shall be imposed on one of the following acts:

a) Engaging in the sale of goods bearing counterfeit labels.

b) Misrepresenting the expiration date of goods on the label.

c) Violating labeling requirements for foodstuffs, medicines, preventive medicines, health supplements, cosmetics, animal feed, and children's toys.

6. Additional forms of punishment:

Seizing goods that are unsafe for human use, animals, plants, and that affect the ecological environment, for violations from Clause 1 to Clause 5 when the measures to rectify the consequences specified in Point a, Clause 7 of this Article are not implemented.

7. Measures to remedy consequences:

a) Compelling the recall of goods violating labeling regulations currently circulating in the market as stipulated in this Article.

b) Compelling the destruction of labels violating the provisions of Clause 5 of this Article or compelling the destruction of goods that are unsafe for human use, animals, plants, and that affect the ecological environment for violations specified in Clause 2, Clause 3, Clause 4, and Clause 5 of this Article.

Article 27. Violations concerning the use of barcode numbers

1. Imposing a fine of from VND 2,000,000 to VND 5,000,000 for any of the following acts:

a) Not notifying in writing the competent authority of changes in name or address on the business license or certificate of barcode number usage if lost or damaged.

b) Being unable to produce legal documentation proving the right to use barcode numbers when requested by the competent authority.

c) Not submitting a list of Global Trade Item Numbers (GTINs) and Global Location Numbers (GLNs) used to the competent authority.

d) Not notifying 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 6,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Using barcode numbers with the Vietnamese National Prefix (893) without having been issued a certificate of the right to use barcode numbers by the competent authority.

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

c) Using signs that cause confusion with barcode numbers.

d) Failing to pay annual maintenance fees for barcode numbers.

3. Imposing a fine of from VND 10,000,000 to VND 20,000,000 for the act of using foreign barcode numbers to print on products manufactured in Vietnam without written permission from the relevant foreign authority or the organization owning the barcode numbers.

4. Measures to remedy consequences:

Compelling the recall of goods bearing violated barcode numbers for violations specified in Clause 2 and Clause 3 of this Article.

Article 28. Violations concerning the use and issuance of certificates for the right to use barcode numbers

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

a) Counterfeiting certificates of the right to use barcode numbers.

b) Issuing certificates of the right to use barcode numbers beyond the authorized jurisdiction.

2. Additional forms of punishment:

Seizing counterfeit certificates of the right to use barcode numbers for violations specified in Point a, Clause 1 of this Article.

3. Measures to remedy consequences:

Compelling the recall of certificates of the right to use barcode numbers for violations specified in Point b, Clause 1 of this Article.

Chapter III

AUTHORITY TO ISSUE VIOLATION RECORDS AND ADMINISTRATIVE PENALTIES

AND ADMINISTRATIVE SANCTIONS FOR VIOLATIONS

Article 29. Authority to impose administrative penalties in the field of science and technology

1. Inspectors and individuals assigned to perform specialized inspection tasks related to standards, measurement, and product quality control while performing their duties have the authority to:

a) To issue warnings;

b) Impose a maximum fine of VND 500,000 on individuals and a maximum fine of VND 1,000,000 on organizations;

c) Confiscate objects and means used to commit administrative violations with a value not exceeding the maximum fine amount specified in Point b of this Clause;

d) Apply remedial measures to compel the destruction of products and goods harmful to human health, animals, plants, and the environment.

2. The Director of the Science and Technology Inspection Department; the Head of the Specialized Inspection Team of the Science and Technology Department and the Head of the Specialized Inspection Team of the General Bureau of Standards, Measurement, and Quality Control have the authority to:

a) To issue warnings;

b) Impose a maximum fine of VND 50,000,000 on individuals and a maximum fine of VND 100,000,000 on organizations;

c) Suspend operations for a period of time or revoke the right to use decisions, licenses, certificates, and professional qualifications issued by authorized authorities for a period of time;

d) Confiscate objects and means used to commit administrative violations with a value not exceeding the maximum fine amount specified in Point b of this Clause;

đ) Apply remedial measures according to Chapter II of this Decree.

3. The Head of the Specialized Inspection Team of the Ministry of Science and Technology has the authority to:

a) To issue warnings;

b) Impose a maximum fine in the field of measurement of up to VND 70,000,000 on individuals and VND 140,000,000 on organizations; impose a maximum fine in the field of standards and product quality of up to VND 105,000,000 on individuals and VND 210,000,000 on organizations;

c) Suspend operations for a period of time or revoke the right to use licenses, certificates, and professional qualifications for a period of time or suspend operations for a period of time;

d) Confiscate objects and means used to commit administrative violations with a value not exceeding the maximum fine amount specified in Point b of this Clause;

đ) Apply remedial measures according to Chapter II of this Decree.

4. The Director of the Ministry of Science and Technology’s Inspectorate; the Director-General of the General Bureau of Standards, Measurement, and Quality Control have the authority to:

a) To issue warnings;

b) Impose fines up to the maximum amount prescribed in this Decree;

c) Suspend operations for a period of time or revoke the right to use decisions, licenses, certificates, and professional qualifications issued by authorized authorities for a period of time;

d) Confiscate objects and means used to commit administrative violations with a value not exceeding the maximum fine amount specified in Point b of this Clause;

đ) Apply remedial measures according to Chapter II of this Decree.

Article 30. Competence to impose administrative penalties of Chairpersons of People's Committees at all levels

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) Imposing a maximum fine of VND 5,000,000 on individuals and a maximum fine of VND 10,000,000 on organizations;

c) Confiscate objects and means used to commit administrative violations with a value not exceeding the maximum fine amount specified in Point b of this Clause;

d) Apply remedial measures to compel the destruction of products and goods harmful to human health, animals, plants, and the environment.

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

a) To issue warnings;

b) Impose a maximum fine of VND 50,000,000 on individuals and a maximum fine of VND 100,000,000 on organizations;

c) Suspend operations for a period of time or revoke the right to use decisions, licenses, certificates, and professional qualifications issued by authorized authorities for a period of time;

d) Confiscate objects and means used to commit administrative violations with a value not exceeding the maximum fine amount specified in Point b of this Clause;

d) Applying remedial measures provided for in Chapter II of this Decree, except for the act of compelling re-exportation of products or goods that violate laws on standards, measurement, and product quality or measuring instruments imported in violation of measurement regulations.

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

a) To issue warnings;

b) Impose fines up to the maximum amount prescribed in this Decree;

c) Suspend operations for a period of time or revoke the right to use decisions, licenses, certificates, and professional qualifications issued by authorized authorities for a period of time;

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

d) Applying remedial measures provided for in Chapter II of this Decree.

Article 31. Competence to impose administrative penalties of public security organs, customs, market management agencies, and other specialized inspection agencies

1. The authorized person to impose administrative penalties of public security agencies has the authority to inspect, prepare administrative violation records, impose administrative penalties, and apply remedial measures against administrative violations stipulated in this Decree within their respective fields of management in accordance with Articles 39 and 52 of the Law on Handling Administrative Violations.

2. The authorized person to impose administrative penalties of customs agencies has the authority to inspect, prepare administrative violation records, impose administrative penalties, and apply remedial measures against administrative violations stipulated in this Decree related to export and import of goods and services associated with export and import of goods within their respective fields of management in accordance with Articles 42 and 52 of the Law on Handling Administrative Violations.

3. The authorized person to impose administrative penalties of market management agencies has the authority to inspect, prepare administrative violation records, impose administrative penalties, and apply remedial measures against administrative violations stipulated in this Decree within their respective fields of management in accordance with Articles 45 and 52 of the Law on Handling Administrative Violations.

4. The authorized person to impose administrative penalties of other specialized inspection agencies has the authority to inspect, prepare administrative violation records, impose administrative penalties, and apply remedial measures against administrative violations stipulated in this Decree within their respective fields of management in accordance with Articles 46 and 52 of the Law on Handling Administrative Violations.

Article 32. Competence to prepare administrative violation records

1. Officials mentioned in Articles 29, 30, and 31 of this Decree and civil servants performing their duties when discovering administrative violations in the field of standards, measurement, and product quality shall have the right to prepare administrative violation records in accordance with the provisions.

2. The head of specialized inspection teams on standards, measurement, and product quality when discovering administrative violations shall have the right to prepare administrative violation records, and such records must be transferred to the competent authority to impose administrative penalties for handling in accordance with the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 33. Effective Date

1. This Decree shall take effect from September 15, 2013.

2. 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 becomes invalid from the date this Decree takes effect.

Article 34. Transitional Provisions

For administrative violations in the field of standards, measurement, and product quality occurring before July 1, 2013 but discovered later or under consideration and resolution thereafter, the more favorable provisions shall apply to the violators.

Article 35. Responsibility for Implementation

1. The Minister of Science and Technology is responsible for guiding and 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./.