Decree No. 95/2007/ND-CP Amending and supplementing some articles of Decree No. 126/2005/ND-CP dated October 10, 2005 on administrative penalties for violations in the field of measurement and product quality.

 

DECREE

Amending and supplementing certain articles of Decree No. 126/2005/NĐ-CP dated October 10, 2005 on administrative penalties for violations in the field of measurement and product quality

 ____________________

THE GOVERNMENT

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

Pursuant to the Measurement Law dated October 6, 1999;

Pursuant to the Product Quality Law dated December 24, 1999;

Pursuant to the Administrative Violation Handling Law dated July 2, 2002;

Considering the proposal of the Minister of Science and Technology.

DECREE:

Article 1. Amending and supplementing certain articles of Decree No. 126/2005/NĐ-CP dated October 10, 2005 on administrative penalties for violations in the field of measurement and product quality with the following contents:

Article 10 is amended and supplemented as follows:

"Article 10. Acts violating regulations on measurement in retail trade, regarding the use of measuring instruments listed in the Catalogue of Measuring Instruments subject to verification issued by the Ministry of Science and Technology, and regarding the use of verification seals, stickers, and certificates

1. Warning or a fine from VND 100,000 to VND 200,000 for acts of cheating in weighing or measuring goods in retail trade causing damage to customers up to VND 100,000.

2. A fine from VND 2,000,000 to VND 5,000,000 for acts of cheating in weighing or measuring goods in retail trade causing damage to customers exceeding VND 100,000.

3. A fine of from 3,000,000 VND to 6,000,000 VND shall be imposed on one of the following acts of violation:

a) Using measuring instruments without verification seals, stickers, or certificates as prescribed;

b) Using verification seals, stickers, or certificates that have expired.

4. A fine from VND 7,000,000 to VND 12,000,000 for acts of using incorrect, faulty, or non-compliant measuring instruments.

5. A fine from VND 13,000,000 to VND 20,000,000 for any of the following acts:

a) Engaging in fraud in the use of verification seals, stickers, or certificates (removing, reinstalling seals, tampering with certificates);

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

6. Additional forms of punishment:

a) Seizing the objects and measuring instruments involved in the violation stipulated in Clause 5 of this Article;

b) Revoking the right to use verification seals, stickers, and certificates of measuring instruments indefinitely for the violations stipulated in Clause 4 and Clause 5 of this Article.

7. Measures to address consequences:

a) Compelling the correct weighing or measuring as prescribed for the violations stipulated in Clause 1 and Clause 2 of this Article;

b) Compelling verification according to regulations for the violations stipulated in Clause 3 and Point a of Clause 5 of this Article;

c) Compelling repair, calibration, and re-verification for the violations stipulated in Clause 4 of this Article;

d) Compelling restoration of the original condition of measuring instruments and verification according to regulations for the violations stipulated in Point b of Clause 5 of this Article;

đ) Compelling destruction of verification seals, stickers, or certificates for the violations stipulated in Point a of Clause 5 of this Article."

2. Article 13 is amended and supplemented as follows:

"Article 13. Acts violating regulations on measurement concerning the sale of pre-packaged goods by weight or volume

1. Warning or a fine from VND 100,000 to VND 200,000 for selling pre-packaged goods by weight or volume listed in the Catalogue of Pre-Packaged Goods Subject to State Management on Measurement but not marked with the prescribed quantity.

2. A fine from VND 200,000 to VND 500,000 for selling pre-packaged goods by weight or volume not listed in the Catalogue of Pre-Packaged Goods Subject to State Management on Measurement but with actual quantities deviating beyond permissible limits from those marked on packaging.

3. A fine from VND 1,000,000 to VND 2,000,000 for selling pre-packaged goods listed in the Catalogue of Pre-Packaged Goods Subject to State Management on Measurement but lacking the required quantity as per measurement regulations.

4. Measures to remedy consequences:

a) Compelling organizations and individuals to mark the quantity on packaging or labels as prescribed for the violations stipulated in Clause 1 of this Article;

b) Compelling organizations and individuals to supplement the correct quantity before circulating goods for the violations stipulated in Clause 2 and Clause 3 of this Article."

3. Article 15 is amended and supplemented as follows:

"Article 15. Acts violating regulations on the announcement of product quality standards

1. Warning or a fine from VND 100,000 to VND 200,000 for selling products or goods manufactured or processed on an industrial scale but without a quality standard announcement by the manufacturer.

2. A fine from VND 2,000,000 to VND 4,000,000 for selling products or goods whose actual quality does not meet the announced quality standard by the manufacturer.

3. A fine from VND 5,000,000 to VND 7,000,000 for manufacturing or processing products or goods on an industrial scale but failing to announce quality standards as prescribed.

4. A fine from VND 8,000,000 to VND 12,000,000 for any of the following acts:

a) Manufacturing or processing products or goods on an industrial scale but with actual quality not meeting the announced quality standard;

b) Selling products or goods manufactured or processed on an industrial scale but with actual quality not meeting the announced standard, violating mandatory regulations on protecting human health, animals, plants, and the environment.

5. A fine from VND 13,000,000 to VND 20,000,000 for manufacturing or processing products or goods on an industrial scale but with actual quality not meeting the announced standard, violating mandatory regulations on protecting human health, animals, plants, and the environment.

6. Additional forms of punishment:

a) Revoking the right to use the Certificate of Receipt of Quality Standard Announcement for the violations stipulated in Clause 5 of this Article;

b) Seizing products or goods for the violations stipulated in Point b of Clause 4 and Clause 5 of this Article.

7. Measures to address consequences:

a) Prohibiting organizations and individuals from circulating the goods violating the provisions of Clause 2 of this Article;

b) Compel organizations and individuals engaged in production and processing to publish quality standards within thirty days for violations stipulated in Clause 3 of this Article;

c) Compel recycling or change the purpose of use for products and goods for violations stipulated in Point a, Clause 4 of this Article;

d) Compel recycling or destroy products and goods that violate mandatory regulations on protecting human health, animals, plants, and the environment for violations stipulated in Point b, Clause 4 and Clause 5 of this Article.”

4. Article 21 shall be amended and supplemented as follows:

“Article 21. Violations of provisions on quality for goods listed in the Catalogue of Products and Goods Subject to Quality Inspection

1. A fine of from three million to five million Vietnamese dong shall be imposed on the act of not registering for quality inspection or registering but evading quality inspection for the importation of products and goods listed in the Catalogue of Products and Goods Subject to Quality Inspection.

2. A fine of from five million to eight million Vietnamese dong shall be imposed on organizations and individuals who engage in trading products and goods with actual quality levels not meeting the prescribed quality levels under the law.

3. A fine of from nine million to twelve million Vietnamese dong shall be imposed on organizations and individuals who engage in producing or importing products and goods with actual quality levels not meeting the prescribed quality levels under the law.

4. A fine of from thirteen million to sixteen million Vietnamese dong shall be imposed on organizations and individuals who engage in trading products and goods with actual quality levels not meeting the prescribed quality levels under the law, violating mandatory regulations on protecting human health, animals, plants, and the environment.

5. A fine of from seventeen million to twenty million Vietnamese dong shall be imposed on organizations and individuals who engage in producing or importing products and goods with actual quality levels not meeting the prescribed quality levels under the law, violating mandatory regulations on protecting human health, animals, plants, and the environment.

6. Remedial measures:

a) Compel the implementation of quality inspections within the prescribed time limit for violations stipulated in Clause 1 of this Article;

b) Compel recycling or changing the purpose of use for products and goods that violate the provisions stipulated in Clause 2 of this Article; domestically produced products and goods that violate the provisions stipulated in Clause 3 of this Article;

c) Compel destruction or re-export for imported products and goods that violate the provisions stipulated in Clause 3 of this Article; products and goods that violate the provisions stipulated in Clauses 4 and 5 of this Article.”

Article 2. Effective Date

1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

2. Acts of violation committed and recorded in administrative violation reports before the date this Decree takes effect shall be subject to penalties according to the provisions of Decree No. 126/2005/NĐ-CP dated October 10, 2005.

Acts of violation that have been recorded in administrative violation reports during the period when this Decree has not taken effect, but at the time of punishment, this Decree has taken effect, shall be subject to penalties according to the provisions of this Decree if this Decree does not provide for administrative penalties or provides for lighter forms of punishment or lower fines.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.