Decree No. 126/2021/ND-CP

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE DECREES ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELDS OF INDUSTRIAL PROPERTY; STANDARDS, MEASUREMENT AND QUALITY OF PRODUCTS AND GOODS; SCIENCE AND TECHNOLOGY ACTIVITIES AND TECHNOLOGY TRANSFER; AND ATOMIC ENERGY

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Government dated November 22, 2019;

Pursuant to the Law on Handling of Administrative Violations dated 20 June 2012; the Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations dated 13 November 2020;

Pursuant to the Law on Intellectual Property dated 29 November 2005; the Law amending and supplementing a number of articles of the Law on Intellectual Property dated 19 June 2009; and the Law amending and supplementing a number of articles of the Law on Insurance Business and the Law on Intellectual Property dated 14 June 2019;

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

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

Pursuant to the Law on Measurement dated 11 November 2011;

Pursuant to the Law on Science and Technology dated 18 June 2013;

Pursuant to the Law on Technology Transfer dated 19 June 2017;

Pursuant to the Law on Atomic Energy dated 03 June 2008;

At the proposal of the Minister of Science and Technology;

The Government promulgates the Decree amending and supplementing a number of articles of the Decrees on sanctioning administrative violations in the fields of industrial property; standards, measurement and quality of products and goods; science and technology activities and technology transfer; and atomic energy.

Article 1. Amending and supplementing a number of articles of Decree No. 99/2013/ND-CP dated 29 August 2013 of the Government on sanctioning administrative violations in the field of industrial property

1. To amend and supplement Article 1 as follows:

“Article 1. Scope of regulation

1. This Decree provides for administrative violations; sanctioning forms, sanction levels and remedial measures; procedures for filing petitions for handling of violations; persons subject to sanctions; competence and procedures for handling petitions for handling of violations; competence to make records of administrative violations, competence to sanction and specific fine levels for each title; and the enforcement of sanctioning forms and remedial measures for administrative violations in the field of industrial property.

2. Administrative violations in other fields directly related to industrial property that are not provided for in this Decree are sanctioned under the Government's Decrees on sanctioning administrative violations in the relevant fields of state management.”.

2. Article 1a is added after Article 1 as follows:

“Article 1a. Persons subject to sanctions for administrative violations

1. Vietnamese or foreign individuals and organisations committing administrative violations provided for in this Decree within the territory of Vietnam.

2. Business households and households committing administrative violations provided for in this Decree are sanctioned as individual violators.

3. Organisations subject to sanctions under this Decree include:

a) Economic organisations established under the Law on Enterprises, including: private enterprises, joint-stock companies, limited liability companies and partnerships;

b) Economic organisations established under the Law on Cooperatives, including: cooperatives and cooperative unions;

c) Industrial property representation organisations;

d) Industrial property assessment organisations;

dd) Other organisations established under law.

4. Branches, representative offices and business locations of enterprises as persons subject to sanctions for administrative violations are determined under the law on handling of administrative violations.”.

3. Clause 3, Article 3 is amended and supplemented as follows:

a) Point b, Clause 3 is amended and supplemented as follows:

“b) Compelled distribution or non-commercial use of goods bearing counterfeit marks or geographical indications, and of raw materials, materials and means used mainly for producing or trading in goods bearing counterfeit marks or geographical indications, after the infringing elements on the goods have been removed and provided that this does not affect the ability of the industrial property right holder to exercise its rights and does not harm human, animal or plant health or the environment;”;

b) Point d, Clause 3 is amended and supplemented as follows:

“d) Compelled destruction of goods bearing counterfeit marks or geographical indications; raw materials, materials and means used mainly for producing or trading in goods bearing counterfeit marks or geographical indications; material evidence and means of violation if the infringing elements attached to them cannot be removed; infringing goods harmful to human, animal or plant health or the environment; stamps, labels and articles bearing counterfeit marks or geographical indications; and stamps, labels, packaging and other articles bearing infringing elements;”;

c) Point h, Clause 3 is amended and supplemented as follows:

“h) Compelled surrender of illegal benefits obtained from the administrative violation where there are grounds to determine the illegal benefits, or compelled payment of an amount equal to the value of material evidence and means of administrative violation that have been sold, dispersed or destroyed contrary to law;”;

d) Point i is added to Clause 3 as follows:

“i) Compelled return of papers and documents that have been erased or altered so as to falsify their contents to the agency or competent person that issued them.”.

4. Article 4 is amended and supplemented as follows:

“Article 4. Determination of the value of material evidence and means of violation

1. The value of material evidence of violation that are goods infringing industrial property rights and intellectual property counterfeit goods under Clause 2, Article 213 of the Law on Intellectual Property, as the basis for determining the fine bracket and sanctioning competence, is determined on one of the following bases in the order of priority specified in Clause 2, Article 60 of the Law on Handling of Administrative Violations:

a) The listed price, or the price stated in the contract, sales invoice or import declaration;

b) The price notified by the local finance agency; where there is no price notice, the market price at the time of the administrative violation;

c) The cost price of the violating goods, if they have not yet been sold.

2. Where the bases specified in Clause 1 of this Article cannot be applied to determine the value of material evidence of violation as the basis for determining the fine bracket and sanctioning competence, the competent person handling the case may decide to temporarily seize the material evidence and establish a Valuation Council under Clause 3, Article 60 of the Law on Handling of Administrative Violations.

3. The value of means of administrative violation, as the basis for determining the fine bracket and sanctioning competence, is determined under Article 60 of the Law on Handling of Administrative Violations.”.

5. Clause 4, Article 5 is amended and supplemented as follows:

“4. Remedial measures:

Compelled return of protection titles and documents proving industrial property rights that have been erased or altered so as to falsify their contents to the agency or competent person that issued them, for the violations specified in Clause 1 of this Article.”.

6. The lead-in of Clause 1, Article 6 is amended and supplemented as follows:

“1. A fine of VND 10,000,000 to VND 20,000,000 is imposed for one of the following acts:”.

7. A number of clauses of Article 7 are amended and supplemented as follows:

a) The lead-in of Clause 1 is amended and supplemented as follows:

“1. A fine of VND 6,000,000 to VND 15,000,000 is imposed for one of the following acts:”;

b) The lead-in of Clause 2 is amended and supplemented as follows:

“2. A fine of VND 15,000,000 to VND 30,000,000 is imposed for one of the following acts:”;

c) Clause 3 is amended and supplemented as follows:

“3. A fine of VND 30,000,000 to VND 60,000,000 is imposed for one of the following acts:

a) Providing industrial property representation services without satisfying the practising conditions prescribed by law;

b) Providing untruthful information to competent state agencies in the course of registering for the industrial property representation professional examination, requesting the issuance of an industrial property representation practising certificate, or requesting the recording of an industrial property representation service organisation.”;

d) The lead-in of Clause 4 is amended and supplemented as follows:

“4. A fine of VND 60,000,000 to VND 120,000,000 is imposed for one of the following acts:”;

dd) Clause 6 is amended and supplemented as follows:

“6. Remedial measures:

Compelled return of industrial property representation practising certificates that have been erased or altered so as to falsify their contents to the agency or competent person that issued them, for the violation specified at Point e, Clause 2 of this Article.”.

8. A number of points and clauses of Article 8 are amended and supplemented as follows:

a) The lead-in of Clause 1 is amended and supplemented as follows:

“1. A fine of VND 1,500,000 to VND 3,000,000 is imposed for one of the following acts:”;

b) Clause 2 is amended and supplemented as follows:

“2. A fine of VND 6,000,000 to VND 15,000,000 is imposed for altering or falsifying the contents of assessor cards or certificates of organisations eligible for industrial property assessment.”;

c) The lead-in of Clause 3 is amended and supplemented as follows:

“3. A fine of VND 15,000,000 to VND 30,000,000 is imposed for one of the following acts:”;

d) Clause 4 is amended and supplemented as follows:

“4. A fine of VND 30,000,000 to VND 60,000,000 is imposed for one of the following acts:

a) Abusing appraiser status and appraisal activities for profit;

b) Deliberately giving an untruthful appraisal conclusion;

c) Arbitrarily altering, erasing or otherwise falsifying the appraisal document;

d) Providing untruthful information to competent state agencies in the course of registering for the industrial property assessment professional examination, requesting the issuance of an industrial property assessor card, or requesting the recording of an industrial property assessment organisation;

dd) Carrying out an assessment in cases where the assessment must be refused as prescribed by law.”;

dd) Point a, Clause 6 is amended and supplemented as follows:

“a) Compelled return of assessor cards, certificates of organisations eligible for assessment activities and industrial property assessment documents that have been erased or altered so as to falsify their contents to the agency or competent person that issued them, for the violations specified in Clause 2 and Point c, Clause 4 of this Article;”.

9. A number of points and clauses of Article 10 are amended and supplemented as follows:

a) To amend and supplement Point a of Clause 1 as follows:

“a) Trading in, offering for sale, transporting (including in transit), storing or displaying for sale products infringing rights to inventions, utility solutions or layout designs, or products manufactured by processes infringing rights to inventions or utility solutions;”;

b) Clause 14 is amended and supplemented as follows:

“14. Additional sanctions:

Suspension of part or all of the production and trading of infringing goods for 01 to 03 months for the violations specified in Clauses 8 to 13 of this Article.”;

c) Point d, Clause 15 is amended and supplemented as follows:

“d) Compelled surrender of illegal benefits obtained from the violations specified in Clauses 1 to 13 of this Article.”.

10. A number of points and clauses of Article 11 are amended and supplemented as follows:

a) To amend and supplement Point a of Clause 1 as follows:

“a) Trading in, offering for sale, transporting (including in transit), storing or displaying for sale goods or services infringing rights to marks, trade names, geographical indications or industrial designs;”;

b) Point a, Clause 13 is amended and supplemented as follows:

“a) Production, including: designing, manufacturing, processing, assembling, preparing or packaging goods bearing signs infringing rights to marks, trade names, geographical indications or industrial designs;”;

c) Clause 16 is amended and supplemented as follows:

“16. Additional sanctions:

Suspension of part or all of the production and trading of infringing goods and services for 01 to 03 months for the violations specified in Clauses 8 to 13 of this Article.”;

d) Clause 17 is amended and supplemented as follows:

“17. Remedial measures:

a) Compelled removal and destruction of infringing elements for the violations specified in Clauses 1 to 15 of this Article;

b) Compelled destruction of material evidence and means of violation if the infringing elements cannot be removed; infringing goods harmful to human, animal or plant health or the environment; and infringing stamps, labels, packaging and articles, for the violations specified in Clauses 1 to 15 of this Article;

c) Compelled removal from the territory of Vietnam of goods in transit infringing industrial property rights, for the violations specified in Clauses 1 to 12 of this Article;

d) Compelled change of the enterprise name and removal of infringing elements from the enterprise name, for the violations specified in Clause 15 of this Article;

dd) Compelled surrender of illegal benefits obtained from the violations specified in Clauses 1 to 13 of this Article.”.

11. A number of points and clauses of Article 12 are amended and supplemented as follows:

a) To amend and supplement Point a of Clause 1 as follows:

“a) Trading in, offering for sale, transporting (including in transit), storing or displaying for sale goods bearing counterfeit marks or geographical indications;”;

b) Point a, Clause 10 is amended and supplemented as follows:

“a) Production, including: designing, manufacturing, processing, assembling, preparing or packaging goods bearing counterfeit marks or geographical indications;”;

c) Clause 12 is amended and supplemented as follows:

“12. Additional sanctions:

a) Confiscation of material evidence and means of violation for the violations specified in Clauses 1 to 11 of this Article, except where the remedial measures specified at Point a, b or c, Clause 13 of this Article are applied;

b) Suspension of part or all of the production and trading of infringing goods and services for 01 to 03 months for the violations specified in Clauses 7 to 10 of this Article.”;

d) Clause 13 is amended and supplemented as follows:

“13. Remedial measures:

a) Compelled destruction of goods bearing counterfeit marks or geographical indications, and of raw materials, materials and means used mainly for producing or trading in goods bearing counterfeit marks or geographical indications that are harmful to human, animal or plant health or the environment, for the violations specified in Clauses 1 to 11 of this Article, except where the remedial measure specified at Point c of this Clause is applied;

b) Compelled distribution or non-commercial use of goods bearing counterfeit marks or geographical indications, and of raw materials, materials and means used mainly for producing or trading in goods bearing counterfeit marks or geographical indications, after the infringing elements on the goods have been removed, provided that this does not affect the ability of the industrial property right holder to exercise its rights and does not harm human, animal or plant health or the environment, for the violations specified in Clauses 1 to 11 of this Article, except where the remedial measures specified at Point a or c of this Clause are applied;

c) Compelled removal from the territory of Vietnam of goods in transit, or compelled re-export of goods bearing counterfeit marks or geographical indications and imported means, raw materials and materials used mainly for producing or trading in goods bearing counterfeit marks or geographical indications, after the infringing elements on the goods have been removed, for the violations specified in Clauses 1 to 10 of this Article;

d) Compelled surrender of illegal benefits obtained from the violations specified in Clauses 1 to 10 of this Article.”.

12. A number of points and clauses of Article 13 are amended and supplemented as follows:

a) To amend and supplement Point a of Clause 1 as follows:

“a) Trading in, transporting (including in transit), supplying, storing or displaying for sale stamps, labels, packaging and articles bearing counterfeit marks or geographical indications;”.

b) Point b, Clause 8 is amended and supplemented as follows:

“b) Compelled surrender of illegal benefits obtained from the violations specified in Clauses 1 to 7 of this Article.”.

13. A number of points and clauses of Article 14 are amended and supplemented as follows:

a) To amend and supplement Point a of Clause 1 as follows:

“a) Trading in, transporting (including in transit) or storing for sale goods or services bearing commercial indications that cause confusion as to the business entity, business activities or commercial origin of the goods or services, or as to the origin, method of production, features, quality, quantity or other characteristics of the goods or services, or as to the conditions of supply of the goods or services;”;

b) Clause 17 is amended and supplemented as follows:

“17. Additional sanctions:

Suspension of part or all of the production and trading of infringing goods and services for 01 to 03 months for the violations specified in Clauses 8 to 13 of this Article.”;

c) To amend and supplement Clause 18 as follows:

“a) Compelled removal and destruction of infringing elements, and compelled destruction of infringing goods if the infringing elements cannot be removed, for the violations specified in Clauses 1 to 15 and Point b, Clause 16 of this Article;

b) Compelled removal of infringing elements from business means, service means and websites for the violations specified in Clause 15 and Point b, Clause 16 of this Article;

c) Compelled change of the enterprise name and removal of infringing elements from the enterprise name for the violations specified at Point a, Clause 13 and Point b, Clause 15 of this Article; compelled change of domain name information or return of the domain name for the violation specified at Point a, Clause 16 of this Article;

d) Compelled surrender of illegal benefits obtained from the violations specified in Clauses 1 to 13 and Point a, Clause 15 of this Article.”.

14. A number of points and clauses of Article 16 are amended and supplemented as follows:

a) To amend and supplement Point c of Clause 1 as follows:

“c) Confiscation of material evidence and means of administrative violation valued at not more than VND 1,000,000;”;

b) Point d, Clause 2 is amended and supplemented as follows:

“d) Confiscation of material evidence and means of administrative violation valued at not more than VND 100,000,000;”;

c) Point d, Clause 4 is amended and supplemented as follows:

“d) Confiscation of material evidence and means of administrative violation valued at not more than VND 350,000,000;”.

15. A number of points and clauses of Article 17 are amended and supplemented as follows:

a) To amend and supplement Point c of Clause 1 as follows:

“c) Confiscation of material evidence and means of administrative violation valued at not more than VND 1,000,000;”;

b) Point d, Clause 2 is amended and supplemented as follows:

“d) Confiscation of material evidence and means of administrative violation valued at not more than VND 100,000,000;”;

c) Point d, Clause 4 is amended and supplemented as follows:

“d) Confiscation of material evidence and means of administrative violation valued at not more than VND 350,000,000;”.

16. A number of points and clauses of Article 18 are amended and supplemented as follows:

a) Clause 1 is amended and supplemented as follows:

"1. Heads of Market Surveillance Teams and Heads of Professional Divisions of the Department of Market Surveillance Operations have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 25,000,000;

c) Confiscate material evidence and means of administrative violation valued at not more than VND 50,000,000;

d) Apply the remedial measures specified at Points a, b, d, dd, e, g and h, Clause 3, Article 3 of this Decree.”;

b) Clause 2 is amended and supplemented as follows:

“2. Directors of provincial Market Surveillance Departments and the Director of the Department of Market Surveillance Operations under the General Department of Market Surveillance have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 50,000,000;

c) Revoke the right to use licences or practising certificates for a limited period, or suspend the trading of violating goods and services for a limited period;

d) Confiscate exhibits and instrumentalities of the administrative violation;

dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.”;

c) The lead-in of Clause 3 is amended and supplemented as follows:

“3. The Director General of the General Department of Market Surveillance has the power to:”.

17. A number of points and clauses of Article 19 are amended and supplemented as follows:

a) The lead-in of Clause 1 is amended and supplemented as follows:

“1. Heads of Teams and Heads of Groups of Customs Sub-Departments; Heads of Groups of Control Teams of provincial, inter-provincial and municipal Customs Departments; and Heads of Teams of Post-Clearance Inspection Sub-Departments have the power to:”;

b) Clause 2 is amended and supplemented as follows:

“2. Directors of Customs Sub-Departments, Directors of Post-Clearance Inspection Sub-Departments and Heads of Control Teams of provincial, inter-provincial and municipal Customs Departments; Heads of Criminal Investigation Teams, Heads of Anti-Smuggling Control Teams, Commanders of Maritime Control Flotillas and Heads of Teams for Control of Counterfeit Goods Smuggling and Intellectual Property Protection of the Anti-Smuggling Investigation Department; and Directors of Clearance Inspection Sub-Departments of the Post-Clearance Inspection Department have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 25,000,000;

c) Confiscate material evidence and means of administrative violation valued at not more than VND 50,000,000;

d) Apply the remedial measures specified at Points a, b, c, d, dd, g and h, Clause 3, Article 3 of this Decree.”;

c) Point d, Clause 3 is amended as follows:

“d) Confiscate material evidence and means of administrative violation;”.

18. A number of points and clauses of Article 20 are amended and supplemented as follows:

a) Clause 1 is amended and supplemented as follows:

“1. Heads of border-gate and export-processing-zone Police Stations have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 2,500,000;

c) Confiscate material evidence and means of administrative violation valued at not more than VND 5,000,000;

d) Apply the remedial measure specified at Point d, Clause 3, Article 3 of this Decree.”;

b) Clause 2 is amended and supplemented as follows:

“2. Heads of district-level Police and Heads of Divisions of the Police for Investigation of Corruption, Economic and Smuggling Crimes under provincial Police have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 25,000,000;

c) Revoke the right to use licences or practising certificates for a limited period, or suspend the trading of violating goods and services for a limited period;

d) Confiscate material evidence and means of administrative violation valued at not more than VND 50,000,000;

dd) Apply the remedial measures specified at Points b, d, dd and g, Clause 3, Article 3 of this Decree.”;

c) Point d, Clause 3 is amended as follows:

“d) Confiscate material evidence and means of administrative violation;”;

d) The lead-in of Clause 4 is amended and supplemented as follows:

“4. The Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes has the power to:”.

19. Point d, Clause 1, Article 21 is amended as follows:

“d) Confiscate material evidence and means of administrative violation;”.

20. Article 21a is added after Article 21 as follows:

“Article 21a. Competence to make records of administrative violations

Persons with competence to make records of administrative violations in industrial property include:

1. Persons competent to sanction administrative violations of industrial property specified in Articles 16 to 21 of this Decree;

2. Officers of the People's Public Security forces and civil servants and public employees of the agencies specified in Articles 16 to 21 of this Decree who are performing official duties.”.

21. Clause 2, Article 27 is amended and supplemented as follows:

“2. In the course of handling a case, if the industrial property right holder so requests, or the parties to the case reach an agreement and propose a resolution consistent with the law on intellectual property that does not affect the rights and interests of third parties, consumers and society, the agency competent to handle the violation records that request or resolution and stops handling the case.”.

22. Point b, Clause 2, Article 28 is amended and supplemented as follows:

“b) There are insufficient grounds to determine the violation after the petition for handling of the violation has been accepted;”.

23. Article 31 is amended and supplemented as follows:

a) The heading of Article 31 is amended and supplemented as follows:

“Article 31. Enforcement of decisions on sanctioning administrative violations, enforcement of remedial measures and coercive enforcement of decisions on sanctioning administrative violations”;

b) Clause 1 is amended and supplemented as follows:

“1. The enforcement of sanctioning decisions, the enforcement of remedial measures and the coercive enforcement of decisions on sanctioning administrative violations under this Decree comply with the Law on Handling of Administrative Violations and its implementing documents.”;

c) Clause 2 is amended and supplemented as follows:

“2. Where the remedial measure of compelled change of, or removal of infringing elements from, the enterprise name is applied, the violating organisation or individual is responsible for carrying out the procedures for changing the enterprise name or removing the infringing elements from it at the business registration authority within 60 days from the date the decision on sanctioning the administrative violation takes effect.

After the above time limit, if the violating organisation or individual has not carried out the procedures for changing the enterprise name or removing the infringing elements from it, the agency issuing the sanctioning decision requests the business registration authority to revoke the Enterprise Registration Certificate.

The business registration authority is responsible for revoking the Enterprise Registration Certificate under law.

The industrial property right holder is responsible for providing all dossiers and documents as prescribed and coordinating with competent agencies in handling enterprise names infringing industrial property rights.”;

d) Clause 3 is amended and supplemented as follows:

“3. Where the remedial measure of compelled change of domain name information or return of the domain name is applied, the organisation or individual is responsible for carrying out the procedures for changing the domain name information or returning the domain name at the domain name management agency within 30 days from the date the decision on sanctioning the administrative violation takes effect.

After the above time limit, if the violating organisation or individual has not carried out the procedures for changing the domain name information or returning the domain name, the agency issuing the sanctioning decision requests the domain name management agency to revoke the domain name.

The domain name management agency is responsible for revoking the domain name at the request of the agency issuing the sanctioning decision under law.

The registrar managing the domain name is responsible for notifying the domain name user of the revocation, carrying out the revocation and sending a written report to the domain name management agency upon completion of the revocation.”;

24. A number of points and clauses of Article 32 are amended and supplemented as follows:

a) The heading of Article 32 is amended and supplemented as follows:

“Article 32. Amendment, supplementation, correction and annulment of, and issuance of new, decisions on handling administrative violations”.

b) Clause 1 is amended and supplemented as follows:

“1. Where a decision of a competent agency resolving an industrial property dispute is issued within 90 days from the date of issue of the decision on sanctioning the administrative violation and leads to a change in the grounds or contents of the sanctioning decision, the person competent to sanction issues a decision amending or annulling part or all of the effect of the sanctioning decision issued, and issues a new decision on handling the administrative violation consistent with the dispute resolution decision.”;

c) Points a and b, Clause 2 are amended and supplemented as follows:

“a) Requesting the State Treasury where the fine was collected to refund part or all of the fine paid under the decision amending, annulling or issuing anew the sanctioning decision, at the request of the organisation or individual that paid the fine. The request for refund of the fine is accepted by the person competent to sanction within 90 days from the date of issue of the amending, annulling or new decision;

b) Returning goods, articles and business means temporarily seized or confiscated but not yet disposed of. Where the goods, articles and business means temporarily seized or confiscated have been disposed of, the organisation or individual requesting the handling of the violation is responsible for compensating the organisation or individual handled under the undertaking made when requesting the handling of the violation, if any.”;

d) Clause 3 is amended and supplemented as follows:

“3. Except for the case specified in Clause 1 of this Article, the amendment, supplementation, correction and annulment of, and issuance of new, decisions on handling administrative violations in other cases comply with the law on handling of administrative violations.”.

Article 2. Amending and supplementing a number of articles of Decree No. 119/2017/ND-CP dated 01 November 2017 of the Government on sanctioning administrative violations in the fields of standards, measurement and quality of products and goods

1. Clause 2, Article 1 is amended as follows:

“2. Other administrative violations in the fields of standards, measurement and quality of products and goods not provided for in this Decree are sanctioned under the Government's other decrees on sanctioning administrative violations in the relevant fields of state management.”.

2. Point a, Clause 2, Article 2 is amended as follows:

“a) Deprivation of the right to use, for a definite period of 01 to 12 months: the certificate of registration of conformity assessment activities (certificate of registration of certification, testing, inspection or verification activities); the decision designating a conformity assessment organisation (certification, testing, inspection or verification); the certificate of registration for provision of verification, calibration and testing services for measuring instruments and measurement standards; the decision designating an organisation for verification, calibration and testing of measuring instruments and measurement standards; the decision certifying measurement standards for verification and calibration of measuring instruments; the decision approving the pattern of measuring instruments; the certificate of eligibility to use the quantity mark on labels of prepackaged goods; the certificate of the right to use barcode numbers; the certificate of registration of accreditation activities; the registration of award consideration activities; the licence for transport of dangerous goods; the certificate of registration of petroleum blending establishments; and the certificate of business eligibility.”.

3. Points b and dd are amended and supplemented and Point d1 is added to Clause 3, Article 2 as follows:

a) To amend and supplement Point b as follows:

“b) Compelled removal from the territory of the Socialist Republic of Vietnam or compelled re-export of infringing imported goods and means.”;

b) Point d1 is added after Point d as follows:

“d1) Compelled re-verification of measuring instruments; compelled display of the measurement units of measuring instruments; compelled restoration of the original condition of measuring instruments; compelled repackaging of prepackaged goods; compelled labelling of the quantity of prepackaged goods and compelled display of the measurement units of prepackaged goods;”;

c) Point dd is amended and supplemented as follows:

“dd) Compelled surrender of illegal benefits obtained from the administrative violation where there are grounds to determine the illegal benefits, or payment of an amount equal to the value of material evidence and means of administrative violation that have been sold, dispersed or destroyed contrary to law.”.

4. Article 2a is added after Article 2 as follows:

“Article 2a. Enforcement of sanctioning decisions, enforcement of remedial measures and coercive enforcement of sanctioning decisions:

The enforcement of sanctioning decisions, the enforcement of remedial measures and the coercive enforcement of decisions on sanctioning administrative violations under this Decree comply with the Law on Handling of Administrative Violations and its implementing documents.”.

5. Point d, Clause 3, Article 3 is amended as follows:

“d) Public service units and other organisations as prescribed by law.”.

6. Article 5 is amended as follows:

“Article 5. Violations in the production, import, trading and use of reference materials and measurement standards

1. A fine of VND 5,000,000 to VND 10,000,000 is imposed for producing, importing, trading in or using reference materials or measurement standards that do not display measurement units in legal units of measurement.

2. A fine of VND 10,000,000 to VND 20,000,000 is imposed for one of the following acts:

a) Failing to calibrate or compare measurement standards with national standards or with measurement standards of higher accuracy as prescribed before putting them into use;

b) Failing to test or compare reference materials as prescribed before putting them into use.

3. A fine of VND 20,000,000 to VND 40,000,000 is imposed for producing, importing, trading in or using reference materials or measurement standards that do not conform to the metrological technical requirements announced by the organisation or individual or prescribed for application by the competent measurement management agency.

4. Remedial measures for the violations specified in Clauses 1 and 3 of this Article are applied in the following order of priority:

a) Compelled removal from the territory of the Socialist Republic of Vietnam, or compelled recall and re-export of imported reference materials and measurement standards;

b) Compelled recall and change of the intended use of reference materials and measurement standards;

c) Compelled destruction of reference materials and measurement standards harmful to human, animal, aquaculture or plant health or the environment.”.

7. Clause 1, Article 6 is amended as follows:

“1. A fine of VND 5,000,000 to VND 10,000,000 is imposed for failing to display measurement units in legal units of measurement.”.

8. Point c is added to Clause 3, Article 6 as follows:

“c) Producing group 1 measuring instruments that do not conform to the metrological technical requirements announced by the organisation or individual;”.

9. Clause 6, Article 6 is amended as follows:

“6. Remedial measures:

a) Compelled display of measurement units as prescribed before putting into circulation, for the violation specified in Clause 1 of this Article;

b) Compelled verification and calibration of group 2 measuring instruments before putting them into use, for the violation specified in Clause 2 of this Article;

c) For the violations specified at Points a and c, Clause 3 and Clause 4 of this Article, the following order of priority applies: compelled recall of measuring instruments already in circulation; compelled recall and change of the intended use of measuring instruments; compelled destruction of infringing measuring instruments harmful to human, animal, aquaculture or plant health or the environment.”.

10. Clause 1, Article 7 is amended as follows:

“1. A fine of VND 5,000,000 to VND 10,000,000 is imposed for importing group 2 measuring instruments that do not display measurement units in legal units of measurement.”.

11. Point c is added to Clause 3, Article 7 as follows:

“c) Importing group 1 measuring instruments that do not conform to the metrological technical requirements announced by the organisation or individual;”.

12. Clause 6, Article 7 is amended as follows:

“6. Remedial measures:

a) Compelled withdrawal of the decision approving the pattern of measuring instruments for the violation specified at Point b, Clause 3 of this Article;

b) For the violations specified in Clause 1, Point c, Clause 3 and Clause 4 of this Article, the following order of priority applies: compelled removal from the territory of the Socialist Republic of Vietnam or compelled recall and re-export of imported measuring instruments; compelled recall and change of the intended use of measuring instruments; compelled destruction of measuring instruments harmful to human, animal, aquaculture or plant health or the environment.”.

13. Clause 5, Article 8 is amended as follows:

“5. Remedial measures:

a) Compelled verification and calibration of repaired group 2 measuring instruments before putting them into use, for the violation specified in Clause 2 of this Article;

b) Compelled restoration of the original condition of measuring instruments, or compelled destruction of the measuring instruments where restoration is impossible, for the violations specified in Clauses 1, 3 and 4 of this Article;

c) Compelled surrender of illegal benefits obtained from the violation specified in Clause 4 of this Article.”.

14. Clause 1, Article 9 is amended as follows:

“1. A fine of VND 2,000,000 to VND 4,000,000 is imposed for trading in group 2 measuring instruments that do not display measurement units in legal units of measurement.”.

15. Clause 2, Article 9 is amended as follows:

“2. A fine of VND 5,000,000 to VND 10,000,000 is imposed for one of the following acts:

a) Trading in group 2 measuring instruments whose pattern has not been approved;

b) Trading in group 2 measuring instruments that do not conform to the pattern approved by the competent agency;

c) Trading in group 1 measuring instruments that do not conform to the metrological technical requirements announced by the organisation or individual.”.

16. Clause 3, Article 9 is amended as follows:

“3. Remedial measures:

a) Compelled recall of measuring instruments already in circulation for the violation specified in Clause 1 of this Article;

b) For the violations specified at Points a, b and c, Clause 2 of this Article, the following order of priority applies: compelled recall and change of the intended use of the infringing measuring instruments; compelled destruction of infringing measuring instruments harmful to human, animal, aquaculture or plant health or the environment;

c) Compelled surrender of illegal benefits obtained from the violations specified at Point b, Clause 1 and Points b and c, Clause 2 of this Article.”.

17. Point b, Clause 6, Article 10 is amended and supplemented as follows:

“b) Suspension of business operations for 01 to 03 months for the violations specified in Clause 4 of this Article.”.

18. Clause 7, Article 10 is amended and supplemented as follows:

“7. Remedial measures:

a) Compelled re-verification of measuring instruments before continued use for the violations specified at Points a, b and c, Clause 1 and Clause 2 of this Article;

b) Compelled surrender of illegal benefits obtained from the violations specified in Clause 3 and Points b and c, Clause 4 of this Article.”.

19. Points a and c, Clause 6, Article 11 are amended as follows:

“a) Suspension of the verification activities of the measurement verifier for 01 to 03 months for the violations specified at Points a, c and d, Clause 1 and Clause 5 of this Article;”.

“c) Suspension of the operations of the verification organisation for 01 to 03 months for the violations specified in Clauses 2, 3, 4 and 5 of this Article.”.

20. Clause 7, Article 11 is amended as follows:

“7. Remedial measures:

a) Compelled withdrawal of verification certificates for the violations specified at Points c and d, Clause 1, Points a and b, Clause 2 and Clauses 3, 4 and 5 of this Article;

b) Compelled surrender of illegal benefits obtained from the violations specified in Clauses 2, 3, 4 and 5 of this Article.”.

21. Clause 2, Article 14 is amended and supplemented as follows:

“2. Fines for violations concerning measurements in the purchase and sale of goods or provision of services where the quantity of the goods or services deviates beyond the permissible error under the metrological technical requirements for the measurement announced by the organisation or individual or prescribed by the competent agency, in order to obtain illegal profits, are as follows:

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

b) A fine of VND 10,000,000 to VND 20,000,000 where the illegal profit obtained is over VND 10,000,000 up to VND 50,000,000;

c) A fine of VND 20,000,000 to VND 40,000,000 where the illegal profit obtained is over VND 50,000,000 up to VND 100,000,000;

d) A fine of VND 40,000,000 to VND 60,000,000 where the illegal profit obtained is over VND 100,000,000 up to VND 200,000,000;

dd) A fine of 01 to 02 times the illegal profit obtained where the illegal profit obtained is over VND 200,000,000 up to VND 300,000,000;

e) A fine of 02 to 03 times the illegal profit obtained where the illegal profit obtained is over VND 300,000,000 up to VND 400,000,000;

g) A fine of 03 to 04 times the illegal profit obtained where the illegal profit obtained is over VND 400,000,000 up to VND 500,000,000;

h) A fine of 04 to 05 times the illegal profit obtained where the illegal profit obtained is over VND 500,000,000.”.

22. Clause 2a is added after Clause 2, Article 14 as follows:

“2a. Additional sanctions:

Confiscation of the illegal profit obtained from the violation specified in Clause 2 of this Article.”.

23. Point dd is added to Clause 1, Article 15 as follows:

“dd) The number of non-conforming units of prepackaged goods exceeds the prescribed limit;”.

24. Clause 2, Article 15 is amended and supplemented as follows:

“2. Fines for producing or importing prepackaged goods whose average quantity is less than the permissible average value under the metrological technical requirements announced by the organisation or individual or prescribed by the competent agency, in order to obtain illegal profits, are as follows:

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

b) A fine of VND 10,000,000 to VND 20,000,000 where the illegal profit obtained is over VND 10,000,000 up to VND 50,000,000;

c) A fine of VND 20,000,000 to VND 40,000,000 where the illegal profit obtained is over VND 50,000,000 up to VND 100,000,000;

d) A fine of VND 40,000,000 to VND 60,000,000 where the illegal profit obtained is over VND 100,000,000 up to VND 200,000,000;

dd) A fine of 01 to 02 times the illegal profit obtained where the illegal profit obtained is over VND 200,000,000 up to VND 300,000,000;

e) A fine of 02 to 03 times the illegal profit obtained where the illegal profit obtained is over VND 300,000,000 up to VND 400,000,000;

g) A fine of 03 to 04 times the illegal profit obtained where the illegal profit obtained is over VND 400,000,000 up to VND 500,000,000;

h) A fine of 04 to 05 times the illegal profit obtained where the illegal profit obtained is over VND 500,000,000.”.

25. Clause 2a is added after Clause 2, Article 15 as follows:

“2a. Additional sanctions:

Confiscation of the illegal profit obtained from the violation specified in Clause 2 of this Article.”.

26. Clause 3, Article 15 is amended as follows:

“3. Remedial measures:

a) Compelled labelling of the quantity, display of measurement units and display of the quantity mark of produced prepackaged goods as prescribed before continuing to put them into circulation, for the violation specified at Point a, Clause 1 of this Article;

b) Compelled repackaging of produced prepackaged goods as prescribed for the violations specified at Point b, Clause 1 and Clause 2 of this Article;

c) Compelled re-export of imported prepackaged goods as prescribed for the violations specified at Points a and b, Clause 1 and Clause 2 of this Article.”.

27. Point d is added to Clause 1, Article 16 as follows:

“d) Trading in prepackaged goods whose number of non-conforming units exceeds the prescribed limit;”.

28. Clause 2, Article 16 is amended and supplemented as follows:

“2. Fines for trading in prepackaged goods whose average quantity is less than the permissible average value under the metrological technical requirements announced by the organisation or individual or prescribed by the competent agency, in order to obtain illegal profits, are as follows:

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

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

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

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

dd) A fine of 01 to 02 times the illegal profit obtained where the illegal profit obtained is over VND 200,000,000 up to VND 300,000,000;

e) A fine of 02 to 03 times the illegal profit obtained where the illegal profit obtained is over VND 300,000,000 up to VND 400,000,000;

g) A fine of 03 to 04 times the illegal profit obtained where the illegal profit obtained is over VND 400,000,000 up to VND 500,000,000;

h) A fine of 04 to 05 times the illegal profit obtained where the illegal profit obtained is over VND 500,000,000.”.

29. Clause 2a is added after Clause 2, Article 16 as follows:

“2a. Additional sanctions:

Confiscation of the illegal profit obtained from the violation specified in Clause 2 of this Article.”.

30. Clause 3, Article 16 is amended as follows:

“3. Remedial measures:

Compelled recall of prepackaged goods already in circulation as prescribed, for the violations specified in Clauses 1 and 2 of this Article.”.

31. Article 17 is amended and supplemented as follows:

“Article 17. Violations of regulations on announcement of applicable standards, except violations in the field of food safety

1. A fine of VND 10,000,000 to VND 20,000,000 is imposed for failing to announce applicable standards as prescribed in production or import.

2. Fines for producing or importing products and goods whose quality does not conform to the announced applicable standards are as follows:

a) A fine of VND 500,000 to VND 1,000,000 where the infringing goods are valued at up to VND 10,000,000;

b) A fine of VND 1,000,000 to VND 2,000,000 where the infringing goods are valued at over VND 10,000,000 up to VND 20,000,000;

c) A fine of VND 2,000,000 to VND 4,000,000 where the infringing goods are valued at over VND 20,000,000 up to VND 40,000,000;

d) A fine of VND 4,000,000 to VND 8,000,000 where the infringing goods are valued at over VND 40,000,000 up to VND 80,000,000;

dd) A fine of VND 8,000,000 to VND 15,000,000 where the infringing goods are valued at over VND 80,000,000 up to VND 150,000,000;

e) A fine of VND 15,000,000 to VND 30,000,000 where the infringing goods are valued at over VND 150,000,000 up to VND 300,000,000;

g) A fine of VND 30,000,000 to VND 100,000,000 where the infringing goods are valued at over VND 300,000,000.

3. A fine of VND 20,000,000 to VND 40,000,000 is imposed where the content of the announced applicable standard does not conform to the corresponding technical regulation or to the regulations of the competent agency.

4. A fine of 01 to 02 times the value of the infringing products and goods sold is imposed for producing or importing products and goods whose quality does not conform to the announced applicable standards.

5. A fine of 02 to 03 times the value of the infringing products and goods sold is imposed for producing or importing products and goods with announced applicable standards whose content is contrary to the corresponding technical regulation or does not conform to the regulations of the competent agency.

6. A fine of VND 10,000,000 to VND 20,000,000 is imposed for one of the following acts:

a) Failing to comply with the announced applicable management system standard;

b) Failing to establish, apply and maintain a quality management system as prescribed by law;

c) Announcing the application of a management system standard without applying it.

7. Remedial measures:

a) For the violations specified in Clauses 1, 2, 3 and 4 of this Article, the following order of priority applies: compelled removal from the territory of the Socialist Republic of Vietnam or compelled re-export of imported goods; compelled recall and recycling or change of intended use; compelled recall and destruction of infringing products and goods harmful to human, animal, aquaculture or plant health or the environment;

b) Compelled amendment of the announced applicable standard and re-announcement of the applicable standard for the violation specified in Clause 5 of this Article;

c) Compelled correction of false or misleading information in the mass media or compelled correct application of the announced standard for the violation specified in Clause 5 of this Article.”.

32. Clauses 2 and 5 are amended and supplemented and Point e is added to Clause 2, Article 18 as follows:

a) The lead-in of Clause 2, Article 18 is amended and supplemented as follows:

“2. A fine of VND 10,000,000 to VND 20,000,000 is imposed for one of the following acts in the production or import of products and goods in violation of regulations on announcement of conformity with standards:”;

b) Point e is added to Clause 2, Article 18 as follows:

“e) Failing to submit to the inspection agency, within the prescribed time limit, a certified true copy of the quality certificate or inspection certificate for imported goods for which a legal normative document prescribes management measures based on the certification or inspection results of a certification or inspection organisation registered or recognised under law.”;

c) Clause 5, Article 18 is amended as follows:

“5. Remedial measures:

For the violations specified in Clause 1, Point dd, Clause 2, Point c, Clause 3 and Clause 4 of this Article, the following order of priority applies:

a) Compelled removal from the territory of the Socialist Republic of Vietnam or compelled re-export of imported goods;

b) Compelled recall and recycling or change of intended use;

c) Compelled recall and destruction of infringing products and goods harmful to human, animal, aquaculture or plant health or the environment.”.

33. Clause 1a is added after Clause 1, Article 19; the lead-in of Clause 3, Point e, Clause 3 and Clause 6, Article 19 are amended and supplemented; and Clause 3a is added after Clause 3, Article 19 as follows:

a) Clause 1a is added after Clause 1, Article 19 as follows:

“1a. A fine of VND 10,000,000 to VND 20,000,000 is imposed for one of the following acts:

a) Failing to submit to the inspection agency, within the prescribed time limit, the results of self-assessment of conformity for imported group 2 goods where the national technical regulation prescribes announcement of conformity with technical regulations based on the organisation's or individual's self-assessment of conformity;

b) Failing to submit to the inspection agency, within the prescribed time limit, a certified true copy of the quality certificate or inspection certificate for imported group 2 goods where the national technical regulation prescribes announcement of conformity with technical regulations based on the certification or inspection results of a certification or inspection organisation registered or recognised under law.”;

b) The lead-in of Clause 3, Article 19 is amended as follows:

“3. A fine of VND 30,000,000 to VND 40,000,000 is imposed for one of the following acts in the production of products and goods subject to announcement of conformity with technical regulations under the corresponding technical regulation:”;

c) Point e, Clause 3, Article 19 is amended and supplemented as follows:

“e) Using additives, chemicals or antibiotics that are banned or not yet permitted for use in the production of products and goods, except in the production and preparation of food;”;

d) Clause 3a is added to Article 19 as follows:

“3a. A fine of VND 50,000,000 to VND 100,000,000 is imposed for one of the following acts in the production or import of products and goods subject to announcement of conformity with technical regulations under the corresponding technical regulation:

a) Failing to carry out conformity assessment against technical regulations for imported goods subject to one of the following measures: certification or inspection by a certification or inspection organisation registered or recognised under law; or self-assessment of conformity by the organisation or individual;

b) Failing to obtain certification of conformity with technical regulations in the production or import of products and goods subject to certification of conformity by a certification or inspection organisation designated under law, or using an expired certificate of conformity or conformity mark.”;

dd) Clause 6, Article 19 is amended as follows:

“6. Remedial measures:

For the violations specified in Clauses 1, 2, 3, 3a and 4 of this Article, the following order of priority applies:

a) Compelled removal from the territory of the Socialist Republic of Vietnam or compelled re-export of imported goods;

b) Compelled recall and recycling or change of intended use;

c) Compelled recall and destruction of infringing products and goods harmful to human, animal, aquaculture or plant health or the environment.”.

34. The heading of Article 20 is amended and supplemented as follows:

“Article 20. Violations concerning the quality of goods circulated on the market, except violations in the field of food safety”.

35. Clause 6, Article 20 is amended and supplemented as follows:

“6. A fine of 02 to 03 times the value of the infringing products and goods sold is imposed for one of the following acts:

a) Replacing, substituting, adding or removing ingredients or additives, or mixing in impurities, so that the quality of products and goods does not conform to the announced applicable standards;

b) Selling goods whose quality does not conform to the corresponding technical regulation or the regulations of the competent agency;

c) Selling goods for which the management measures prescribed in the corresponding national technical regulations have not been applied, or for which certification of conformity or inspection of conformity with technical regulations has not been carried out within the prescribed time limit, for group 2 goods.”.

36. Clause 7, Article 20 is amended and supplemented as follows:

“7. A fine of 03 to 05 times the value of the infringing goods sold is imposed for replacing, substituting, adding or removing ingredients or additives, mixing in impurities, or containing substances unsafe for humans, animals, aquaculture, property, plants and the environment, so that the quality of products and goods does not conform to the corresponding technical regulation or the regulations of the competent agency.”.

37. Clause 9, Article 20 is amended and supplemented as follows:

“9. Remedial measures:

For the violations specified in Clauses 5, 6 and 7 of this Article, the following order of priority applies:

a) Compelled recall and change of intended use;

b) Compelled recall and destruction of infringing goods harmful to human, animal or aquaculture health, property, plants and the environment.”.

38. A number of points and clauses of Article 21 are amended and supplemented as follows:

a) Points c and d are added to Clause 3, Article 21 as follows:

“c) Carrying out conformity assessment activities when the certificate of registration of conformity assessment activities has expired;

d) Carrying out conformity assessment outside the registered field.”;

b) The lead-in of Clause 2, Article 21 is amended as follows:

“2. A fine of VND 50,000,000 to VND 100,000,000 is imposed for one of the following acts:”;

c) Point a, Clause 2, Article 21 is amended as follows:

“a) Carrying out conformity assessment for state management purposes when the designation decision has expired;”;

d) Points d and dd are added to Clause 4, Article 21 as follows:

“d) Carrying out conformity assessment activities without having been granted registration of operations by the competent agency as prescribed;

dd) Carrying out conformity assessment for state management purposes without having been designated;”;

d) The lead-in of Clause 3, Article 21 is amended as follows:

“3. A fine of VND 100,000,000 to VND 150,000,000 is imposed for one of the following acts:”;

e) The lead-in of Clause 4, Article 21 is amended as follows:

“4. A fine of VND 150,000,000 to VND 300,000,000 is imposed for one of the following acts:”;

g) Clause 5, Article 21 is amended and supplemented as follows:

“5. Additional sanctions:

a) Deprivation of the right to use the certificate of registration of conformity assessment activities for 03 to 06 months for the violations specified at Point b, Clause 1 and Points c, dd, e and g, Clause 2 of this Article;

b) Deprivation of the right to use the certificate of registration of conformity assessment activities for 06 to 09 months for the violations specified in Clause 3 and Points a, b and c, Clause 4 of this Article;

c) Deprivation of the right to use the decision designating the conformity assessment organisation for 06 to 12 months for the violations specified at Point b, Clause 2, Points a and b, Clause 3 and Points a, b and c, Clause 4 of this Article;

d) Suspension of conformity assessment activities for 01 to 03 months for the violation specified at Point a, Clause 1 of this Article.”;

h) Clause 6, Article 21 is amended as follows:

"6. Remedial measures:

a) Compelled withdrawal of conformity assessment results issued for the violations specified at Point a, Clause 1, Points a, b, c, d, e and g, Clause 2 and Clauses 3 and 4 of this Article;

b) Compelled surrender of illegal profits obtained from the violations specified at Point b, Clause 1, Points a, b, c, d, e and g, Clause 2 and Clauses 3 and 4 of this Article.”.

39. A number of points and clauses of Article 23 are amended and supplemented as follows:

a) Clause 1 is amended and supplemented as follows:

"1. A fine of VND 30,000,000 to VND 40,000,000 is imposed for failing to submit periodic or ad hoc reports, at the request of the competent agency, on the results of registered accreditation activities;”;

b) The lead-in of Clause 2 is amended as follows:

“2. A fine of VND 50,000,000 to VND 100,000,000 is imposed for one of the following acts:”;

c) Points dd and e are added to Clause 2 as follows:

“dd) Carrying out accreditation activities when the certificate of registration of accreditation activities has expired;

e) Carrying out accreditation activities outside the registered field;”;

d) The lead-in of Clause 3 is amended as follows:

“3. A fine of VND 100,000,000 to VND 150,000,000 is imposed for one of the following acts:”;

dd) Point c is added to Clause 4 as follows:

“c) Carrying out accreditation activities without having been granted registration of operations by the competent agency as prescribed.”;

e) The lead-in of Clause 4 is amended as follows:

“A fine of VND 150,000,000 to VND 300,000,000 is imposed for one of the following acts:”;

g) Clause 5 is amended as follows:

“5. Additional sanctions:

a) Deprivation of the right to use the registration of accreditation activities for 03 to 06 months for the violations specified at Points a, b and c, Clause 2 of this Article;

b) Deprivation of the right to use the registration of accreditation activities for 06 to 09 months for the violations specified at Points dd and e, Clause 2 and Clause 3 of this Article;

c) Deprivation of the right to use the registration of accreditation activities for 09 to 12 months for the violations specified at Points a and b, Clause 4 of this Article;

d) Suspension of accreditation activities for 01 to 03 months for the violations specified in Clause 1 of this Article.”;

h) Clause 6 is amended as follows:

“6. Remedial measures:

a) Compelled withdrawal of accreditation certificates issued for the violations specified at Points a, b, dd and e, Clause 2, Points b and c, Clause 3 and Clause 4 of this Article;

b) Compelled surrender of illegal profits obtained from the violations specified at Points a, b, dd and e, Clause 2, Points b and c, Clause 3 and Clause 4 of this Article.”.

40. Points d and dd, Clause 2, Article 24 are amended as follows:

“d) Using false dossiers or documents to register for provision of verification, calibration and testing services for measuring instruments and measurement standards or to request designation for provision of such services; to register certification, testing, inspection, verification, accreditation, training, consultancy or award consideration activities or to request designation for certification, testing, inspection or verification activities; to request certification of measurement standards or of measurement verifiers; or to request a certificate of registration of a petroleum blending establishment, registration for state inspection of the quality of imported goods, a certificate of eligibility to use the quantity mark on labels of prepackaged goods, a licence for transport of dangerous goods or a certificate of the right to use barcode numbers;

dd) Erasing or altering the contents of certificates of registration for provision of verification, calibration and testing services for measuring instruments and measurement standards; decisions designating organisations for verification, calibration and testing of measuring instruments and measurement standards; certificates of registration of certification, testing, inspection, verification, accreditation, training, consultancy or award consideration activities; decisions designating certification, testing, inspection or verification organisations; decisions certifying measurement standards, decisions certifying and issuing cards to measurement verifiers; certificates of registration of petroleum blending establishments, registrations for state inspection of the quality of imported goods, certificates of eligibility to use the quantity mark on labels of prepackaged goods; licences for transport of dangerous goods and certificates of the right to use barcode numbers.”.

41. Point c is added to Clause 4, Article 24 as follows:

“c) Compelled return of certificates of conformity with standards and conformity marks; certificates of conformity with technical regulations, conformity marks and quantity marks of prepackaged goods; certification, testing, inspection, verification and accreditation certificates and quality testing, examination, inspection and verification results; verification and calibration stamps, marks and certificates; certificates of registration for provision of verification, calibration and testing services for measuring instruments and measurement standards; decisions designating verification, calibration and testing of measuring instruments and measurement standards; certificates of registration of certification, testing, inspection, verification, accreditation, training, consultancy or award consideration activities; decisions designating certification, testing, inspection or verification organisations; decisions certifying measurement standards, decisions certifying and issuing cards to measurement verifiers; certificates of registration of petroleum blending establishments; certificates of eligibility to use the quantity mark on labels of prepackaged goods; licences for transport of dangerous goods and certificates of the right to use barcode numbers, for the violations specified in Clause 2 of this Article.”.

42. A number of clauses of Article 25 are amended and supplemented as follows:

a) Clause 1 is amended as follows:

“1. A fine of VND 30,000,000 to VND 40,000,000 is imposed for awarding product and goods quality awards other than the registered awards.”;

b) Clause 3 is amended as follows:

“3. A fine of VND 70,000,000 to VND 100,000,000 is imposed for the following acts:

a) Awarding product and goods quality awards without having been granted registration of operations by the competent agency as prescribed;

b) Failing to report on corrective actions for violations at the request of the competent agency.”;

c) Clause 4 is amended as follows:

“4. Additional sanctions:

Deprivation of the right to use the registration of award consideration activities for 03 to 06 months for the violations specified in Clause 1 and Points a, b and c, Clause 2 of this Article.”;

d) Clause 5 is amended as follows:

“5. Remedial measures:

a) Compelled withdrawal and annulment of the award decision and compelled correction of false information on the website for the violations specified in Clause 1, Points a, b and c, Clause 2 and Clause 3 of this Article;

b) Compelled surrender of illegal benefits obtained from the violations specified in Clause 1, Points a, b and c, Clause 2 and Clause 3 of this Article.”.

43. Article 27 is amended as follows:

“Article 27. Violations of regulations on transport of dangerous goods that are oxidising substances, organic peroxide compounds and corrosive substances

1. A fine of VND 30,000,000 to VND 70,000,000 is imposed for one of the following acts:

a) Transporting dangerous goods without a licence from the competent agency;

b) Using an expired licence for transport of dangerous goods;

c) Transporting dangerous goods outside the contents of the licence granted;

d) Using materials for packaging and containers of dangerous goods on means of transport that are not as prescribed or do not conform to the announced standards and technical regulations for packaging and containers corresponding to each substance or group of dangerous goods within the licensing competence;

dd) Vehicle drivers, warehouse keepers, escorts or loaders and unloaders involved in transporting class 5, 7 or 8 dangerous goods without a certificate of completion of the training course on transport of dangerous goods as prescribed, or using an expired certificate of completion of the training course;

e) Failing to provide an escort as prescribed for dangerous goods for which an escort is mandatory during transport;

g) The hirer failing to hand over the dangerous goods consignment declaration as prescribed to the carrier before loading the goods onto the means of transport; failing to purchase insurance for dangerous goods when transporting by rail as prescribed;

h) The carrier failing to display the danger placards for the class or group of dangerous goods being transported as prescribed; failing to fully comply with the hirer's notices and the provisions of the licence for transport of dangerous goods; failing to purchase insurance as prescribed by law when transporting by rail;

i) The vehicle driver failing to carry the dangerous goods transport documents provided by the hirer as prescribed; failing to comply with the provisions of the licence for transport of dangerous goods; failing to make a record and report to the nearest commune-level People's Committee and relevant agencies for timely handling upon detecting an incident with dangerous goods threatening the safety of people, vehicles, the environment and other goods or upon a traffic accident during transport; failing to report to superiors and the hirer of dangerous goods transport for timely resolution where the matter exceeds its handling capacity;

k) Failing to take corrective actions for violations at the request of the competent agency.

2. Additional form of sanction:

Deprivation of the right to use the licence for transport of dangerous goods for 01 to 06 months for the violations specified at Points c, dd, e, h, i and k, Clause 1 of this Article.”.

44. Article 29 is amended as follows:

“Article 29. Violations of regulations on petroleum blending

1. A fine of VND 40,000,000 to VND 60,000,000 is imposed for one of the following acts:

a) Blending petroleum without registering the blending establishment;

b) Blending petroleum without a certificate from the competent agency;

c) Using an expired certificate of registration of a petroleum blending establishment;

d) Using non-common additives and preparations to blend petroleum without the consent of the competent agency;

dd) Blending petroleum at a location other than the production site or blending workshop stated in the certificate of registration of the petroleum blending establishment;

2. Additional form of sanction:

a) Deprivation of the right to use the certificate of registration of the petroleum blending establishment for 01 to 06 months for the violation specified at Point d, Clause 1 of this Article;

b) Confiscation of material evidence of the administrative violation for the violations specified at Points b and dd, Clause 1 of this Article.”.

45. Article 29a is added after Article 29 as follows:

"Article 29a. Violations of regulations on production and blending of gas

1. A fine of VND 10,000,000 to VND 20,000,000 is imposed for one of the following acts:

a) Blending gas without submitting the Self-declaration of conformity with gas blending conditions as prescribed;

b) Failing to notify the competent agency of the standards of additives used for blending gas as prescribed.

2. A fine of VND 40,000,000 to VND 60,000,000 is imposed for one of the following acts:

a) Not having a gas quality testing laboratory or a lease contract of at least 01 year with a trader or organisation having a laboratory registered for testing activities under law and capable of testing gas quality indicators under the announced applicable standards and national technical regulations;

b) Blending gas at a location other than that stated in the Self-declaration of conformity with gas blending conditions sent to the competent management agency.

3. Additional sanctions:

a) Confiscation of material evidence of the administrative violation for the violations specified at Point b, Clause 1 and Point b, Clause 2 of this Article.”.

46. The lead-in of Clause 1, Article 30 is amended and supplemented as follows:

“1. A fine of VND 500,000 to VND 1,000,000 is imposed for one of the following acts where the infringing goods are valued at up to VND 5,000,000, except for goods imported into Vietnam with original labels whose contents cannot be read as required by law and which the importing organisations or individuals cannot remedy, and goods imported into Vietnam with original labels but without supplementary labels at the time of customs clearance.”.

47. Clause 3, Article 30 is amended and supplemented as follows:

“3. Remedial measures:

a) Compelled recall of goods and compelled labelling of goods as prescribed before putting them into circulation; compelled destruction of infringing labels; compelled destruction or change of the intended use of goods bearing infringing labels where the infringing labels cannot be separated from the goods, for the violations specified in Clauses 1 and 2 of this Article;

b) Compelled payment of an amount equal to the value of material evidence and means of administrative violation that have been sold, dispersed or destroyed contrary to law, for the violations specified in this Article.”.

48. Clause 1, Article 31 is amended and supplemented as follows:

“1. A fine of VND 500,000 to VND 1,000,000 is imposed for one of the following acts where the infringing goods are valued at less than VND 5,000,000, except for goods imported into Vietnam with original labels whose contents cannot be read as required by law and which the importing organisations or individuals cannot remedy, and goods imported into Vietnam with original labels but without supplementary labels at the time of customs clearance:

a) Producing, importing, transporting, storing or trading in goods whose labels (including supplementary labels) or accompanying documents do not fully or correctly state the mandatory contents of goods labels or the contents mandatory by the nature of the goods under the law on goods labelling;

b) Importing, transporting, storing or trading in imported goods with original labels in a foreign language but without supplementary labels in Vietnamese.”.

49. Clause 2, Article 31 is amended and supplemented as follows:

“2. Fines for the violations specified in Clause 1 of this Article where the infringing goods are valued at VND 5,000,000 or more are as follows:

a) A fine of VND 1,000,000 to VND 3,000,000 where the infringing goods are valued at from VND 5,000,000 to under VND 10,000,000;

b) A fine of VND 3,000,000 to VND 7,000,000 where the infringing goods are valued at from VND 10,000,000 to under VND 20,000,000;

c) A fine of VND 7,000,000 to VND 10,000,000 where the infringing goods are valued at from VND 20,000,000 to under VND 30,000,000;

d) A fine of VND 10,000,000 to VND 15,000,000 where the infringing goods are valued at from VND 30,000,000 to under VND 50,000,000;

dd) A fine of VND 15,000,000 to VND 20,000,000 where the infringing goods are valued at from VND 50,000,000 to under VND 70,000,000;

e) A fine of VND 20,000,000 to VND 25,000,000 where the infringing goods are valued at from VND 70,000,000 to under VND 100,000,000;

g) A fine of VND 25,000,000 to VND 30,000,000 where the infringing goods are valued at VND 100,000,000 or more;

h) A fine of twice the fine levels specified at Points a, b, c, d, dd, e and g of this Clause where the infringing goods are food, foodstuffs, food additives, food processing aids, food preservatives and functional foods.”.

50. The lead-in of Clause 3, Article 31 is amended and supplemented as follows:

"3. Fines for trading in goods whose labels bear images, drawings, words, signs, symbols, medals, awards and other information that misrepresent the nature of, or are untrue about, the goods; goods labels showing images or contents related to sovereignty disputes and other sensitive contents that may affect Vietnam's security, politics, economy, society, diplomatic relations and fine customs and traditions; trading in goods whose labels, including original or supplementary labels of imported goods, have been erased or altered so as to falsify information about the goods; trading in goods with fraudulent expiry dates on the goods labels; and trading in expired goods, except imported goods not yet cleared through customs, are as follows:".

51. Point n, Clause 3, Article 31 is amended and supplemented as follows:

“n) A fine of twice the fine levels specified at Points a, b, c, d, dd, e, g, h, i, k, l and m of this Clause where the infringing goods are: food, foodstuffs, food additives, food processing aids, food preservatives, medicines for preventing and treating human diseases, functional foods and cosmetics; detergents and insecticidal and germicidal preparations for household and medical use, veterinary drugs, fertilisers, cement, animal feed, aquatic feed, products for treating aquaculture environments, plant protection drugs, growth stimulants, plant varieties, animal breeds, aquatic breeds and other goods on the list of conditional business lines.”.

52. Clause 4, Article 31 is amended and supplemented as follows:

“4. Fines for trading in goods that are required to bear goods labels but have no goods labels; have no original labels; or have original labels that do not fully or correctly state the mandatory contents of goods labels, or that have been altered, are as follows:

a) A fine of VND 1,000,000 to VND 3,000,000 where the infringing goods are valued at under VND 5,000,000;

b) A fine of VND 3,000,000 to VND 5,000,000 where the infringing goods are valued at from VND 5,000,000 to under VND 10,000,000;

c) A fine of VND 5,000,000 to VND 10,000,000 where the infringing goods are valued at from VND 10,000,000 to under VND 20,000,000;

d) A fine of VND 10,000,000 to VND 15,000,000 where the infringing goods are valued at from VND 20,000,000 to under VND 30,000,000;

dd) A fine of VND 15,000,000 to VND 25,000,000 where the infringing goods are valued at from VND 30,000,000 to under VND 50,000,000;

e) A fine of VND 25,000,000 to VND 35,000,000 where the infringing goods are valued at from VND 50,000,000 to under VND 70,000,000;

g) A fine of VND 35,000,000 to VND 50,000,000 where the infringing goods are valued at from VND 70,000,000 to under VND 100,000,000;

h) A fine of VND 50,000,000 to VND 60,000,000 where the infringing goods are valued at VND 100,000,000 or more;

i) A fine of twice the fine levels specified at Points a, b, c, d, dd, e, g and h of this Clause where the infringing goods are food, foodstuffs, food additives, food processing aids, food preservatives and functional foods.”.

53. Clause 7, Article 31 is amended and supplemented as follows:

“7. Additional sanctions:

a) Confiscation of material evidence of violation that are goods whose labels show images or contents related to national sovereignty disputes or other sensitive contents that may affect Vietnam's security, politics, economy, society, diplomatic relations and fine customs and traditions, for the violations specified in Clause 3 of this Article;

b) Deprivation of the right to use licences and practising certificates for 01 to 03 months for the violations specified in Clauses 3 and 4 of this Article.”.

54. Clause 8, Article 31 is amended as follows:

“8. Remedial measures:

a) For the violations specified in Clauses 1, 2 and 4 of this Article, the following order of priority applies: compelled removal from the territory of the Socialist Republic of Vietnam or compelled re-export of imported goods; compelled recall of goods and compelled labelling of goods as prescribed before continued circulation; compelled recall and destruction of infringing labels, and compelled destruction or change of the intended use of goods bearing infringing labels where the infringing labels cannot be separated from the goods;

b) Compelled recall of goods and compelled removal of images, words, signs, symbols, medals, awards and information that misrepresent the nature of, or are untrue about, the goods; compelled recall and destruction of expired goods and goods with fraudulent expiry dates, for the violations specified in Clause 3 of this Article;

c) Compelled payment of an amount equal to the value of material evidence and means of administrative violation that have been sold, dispersed or destroyed contrary to law, for the violations specified in this Article.”.

55. Points b and e, Clause 1, Article 32 are amended as follows:

“b) Using barcode numbers when the certificate of the right to use barcode numbers has expired;

e) Declaring barcode information in the national barcode database that does not match the actual information of the trade item using the GTIN code or the location using the GLN code; or using traceability codes, tags, stamps, labels or formats in an appropriate manner to provide information on the origin of products and goods but without data, or with data whose contents do not comply with regulations; or attaching tags, stamps, labels or formats in an appropriate manner to provide information on the origin of products and goods without declaring and updating information as prescribed on the form and contents of the tags, stamps, labels or formats.”.

56. Clause 1a is added after Clause 1, Article 32 as follows:

“1a. Failing to pay barcode maintenance fees as prescribed.

a) A fine of 1 to 3 times the barcode maintenance fee. The maximum fine is VND 50,000,000.

b) Remedial measures

Compelled payment of barcode maintenance fees as prescribed.”.

57. Point a, Clause 3, Article 32 is amended as follows:

“a) Using foreign barcode numbers printed on products and goods manufactured, processed, packaged or repacked in Vietnam without permission from the owner of the foreign code for use in Vietnam.”.

58. Points b and c, Clause 4, Article 32 are amended as follows:

“b) Providing false information about the owner or user of lawful barcode numbers issued by the competent state management agency in Vietnam;”;

“c) Developing and providing services, solutions and applications based on the barcode platform of Vietnam's competent state management agency without permission.”.

59. Clause 6, Article 32 is amended and supplemented as follows:

“6. Remedial measures:

a) Compelled recall of products and goods and removal and destruction of infringing barcode numbers; compelled destruction of goods where the infringing barcode numbers cannot be separated from the products and goods, for the violations specified in Clauses 2 and 3 of this Article;

b) Compelled surrender of illegal benefits obtained from the violations specified in Clause 4 of this Article.”.

60. Point c, Clause 1, Article 34 is amended and supplemented as follows:

“c) Confiscate material evidence and means of administrative violation valued at not more than VND 1,000,000 for individuals and VND 2,000,000 for organisations;”.

61. The lead-in of Clause 2, Article 34 is amended and supplemented as follows:

“2. Chief Inspectors of provincial Departments of Science and Technology; Heads of specialised inspection teams of provincial Departments of Science and Technology; Directors of Sub-Departments of Standards, Metrology and Quality; Directors of the Central and Southern Sub-Departments of Product and Goods Quality Management under the Department of Product and Goods Quality Management; Heads of specialised inspection teams of Sub-Departments of Standards, Metrology and Quality; and Heads of specialised inspection teams of the Directorate for Standards, Metrology and Quality have the power to:”.

62. Point d, Clause 2, Article 34 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation valued at not more than VND 100,000,000 for individuals and VND 200,000,000 for organisations;”.

63. Point d, Clause 3, Article 34 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation in the field of measurement valued at not more than VND 140,000,000 for individuals and VND 280,000,000 for organisations, and in the field of standards and quality of products and goods valued at not more than VND 210,000,000 for individuals and VND 420,000,000 for organisations;”.

64. The lead-in of Clause 3, Article 34 is amended and supplemented as follows:

“3. Heads of specialised inspection teams of the Ministry and the Director of the Department of Product and Goods Quality Management under the Directorate for Standards, Metrology and Quality, according to their assigned functions, duties and powers, have the power to:”.

65. Point c, Clause 1, Article 35 is amended and supplemented as follows:

“c) Confiscate material evidence and means of administrative violation valued at not more than VND 10,000,000 for individuals and VND 20,000,000 for organisations;”.

66. Point b, Clause 2, Article 35 is amended and supplemented as follows:

“b) Impose fines of up to VND 50,000,000 for individuals and VND 100,000,000 for organisations in the field of measurement, and up to VND 75,000,000 for individuals and VND 150,000,000 for organisations in the field of standards and quality of products and goods.”.

67. Point d, Clause 2, Article 35 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation;”.

68. The lead-in of Clause 2, Article 36 is amended and supplemented as follows:

“2. Commanders of company-level Mobile Police units and Heads of Stations and Teams of the persons specified in Clause 1 of this Article have the power to:”.

69. The lead-in of Clause 3, Article 36 is amended and supplemented as follows:

“3. Heads of commune-level Police, Heads of Police Stations, Heads of border-gate and export-processing-zone Police Stations, Heads of international airport border-gate Police, Commanders of Mobile Police Battalions and Commanders of Waterway Police Teams have the power to:”.

70. Point c, Clause 3, Article 36 is amended and supplemented as follows:

“c) Confiscate material evidence and means of administrative violation valued at not more than VND 5,000,000 for individuals and VND 10,000,000 for organisations;”.

71. Clause 4, Article 36 is amended and supplemented as follows:

“4. Heads of district-level Police; Heads of Professional Divisions of the Traffic Police Department; and Heads of Divisions of provincial Police, including: Heads of Divisions of Administrative Police for Social Order, of Police for Investigation of Social Order Crimes, of Police for Investigation of Corruption, Economic and Smuggling Crimes, of Police for Investigation of Drug Crimes, of Traffic Police, of Road and Railway Traffic Police, of Road Traffic Police, of Waterway Police, of Police for Prevention of Environmental Crimes, of Internal Political Security and of Economic Security have the power to:”.

72. Point d, Clause 4, Article 36 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation valued at not more than VND 50,000,000 for individuals and VND 100,000,000 for organisations;”.

73. Point b, Clause 5, Article 36 is amended and supplemented as follows:

“b) Impose fines of up to VND 50,000,000 for individuals and VND 100,000,000 for organisations in the field of measurement, and up to VND 75,000,000 for individuals and VND 150,000,000 for organisations in the field of standards and quality of products and goods.”.

74. Point d, Clause 5, Article 36 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation;”.

75. The lead-in of Clause 6, Article 36 is amended and supplemented as follows:

“6. The Directors of the Department of Internal Political Security, the Department of Economic Security, the Department of Administrative Police for Social Order, the Department of Police for Investigation of Social Order Crimes, the Department of Police for Investigation of Corruption, Economic and Smuggling Crimes, the Department of Police for Investigation of Drug Crimes, the Traffic Police Department, the Department of Police for Prevention of Environmental Crimes, the Department of Cyber Security and High-Tech Crime Prevention, and the Immigration Department have the power to:”.

76. Point d, Clause 6, Article 36 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation;”.

77. The lead-in of Clause 2, Article 37 is amended and supplemented as follows:

“Heads of Teams and Heads of Groups of Customs Sub-Departments; Heads of Groups of Control Teams of provincial, inter-provincial and municipal Customs Departments; and Heads of Teams of Post-Clearance Inspection Sub-Departments have the power to:”.

78. The lead-in of Clause 3 and Point c, Clause 3, Article 37 are amended and supplemented as follows:

“3. Directors of Customs Sub-Departments; Directors of Post-Clearance Inspection Sub-Departments and Heads of Control Teams of provincial, inter-provincial and municipal Customs Departments; Heads of Criminal Investigation Teams, Heads of Anti-Smuggling Control Teams, Commanders of Maritime Control Flotillas and Heads of Teams for Control of Counterfeit Goods Smuggling and Intellectual Property Protection of the Anti-Smuggling Investigation Department; and Directors of Post-Clearance Inspection Sub-Departments of the Post-Clearance Inspection Department have the power to:”;

“c) Confiscate material evidence and means of administrative violation valued at not more than VND 50,000,000 for individuals and VND 100,000,000 for organisations;”.

79. Point d, Clause 4, Article 37 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation;”.

80. Point c, Clause 2, Article 38 is amended and supplemented as follows:

“c) Confiscate material evidence and means of administrative violation valued at not more than VND 50,000,000 for individuals and VND 100,000,000 for organisations;”.

81. The lead-in of Clause 3, Article 38 is amended and supplemented as follows:

“3. Directors of provincial Market Surveillance Departments and the Director of the Department of Market Surveillance Operations under the General Department of Market Surveillance have the power to:”.

82. Point c, Clause 3, Article 38 is amended and supplemented as follows:

“c) Confiscate material evidence and means of administrative violation;”.

83. The lead-in of Clause 4, Article 38 is amended and supplemented as follows:

“4. The Director General of the General Department of Market Surveillance has the power to:”.

84. Clause 2a is added after Clause 2, Article 39 as follows:

“2a. Heads of Drug and Crime Prevention Task Teams of Drug and Crime Prevention Task Forces have the power to:

a) Issue a caution;

b) Impose fines of up to VND 10,000,000 for individuals and VND 20,000,000 for organisations;

c) Confiscate material evidence and means of administrative violation valued at not more than VND 20,000,000 for individuals and VND 40,000,000 for organisations;

d) Apply the remedial measures specified at Points a, g, h and i, Clause 3, Article 2 of this Decree.”.

85. The lead-in of Clause 3, Article 39 is amended and supplemented as follows:

“3. Heads of Border Guard Stations, Commanders of Border Guard Flotillas and Commanders of Port Border-Gate Border Guard Commands have the power to:”.

86. Points c and d, Clause 3, Article 39 are amended and supplemented as follows:

“c) Confiscate material evidence and means of administrative violation in the field of measurement valued at not more than VND 40,000,000 for individuals and VND 80,000,000 for organisations, and in the field of standards and quality of products and goods valued at not more than VND 210,000,000 for individuals and VND 420,000,000 for organisations;”

d) Apply the remedial measures specified at Points a, b, g, h and i, Clause 3, Article 2 of this Decree.”.

87. Clause 3a is added after Clause 3, Article 39 as follows:

“3a. Commanders of Drug and Crime Prevention Task Forces of the Department of Drug and Crime Prevention under the Border Guard Command have the power to:

a) Issue a caution;

b) Impose fines of up to VND 50,000,000 for individuals and VND 100,000,000 for organisations in the field of measurement, and up to VND 75,000,000 for individuals and VND 150,000,000 for organisations in the field of standards and quality of products and goods;

c) Confiscate material evidence and means of administrative violation in the field of measurement valued at not more than VND 100,000,000 for individuals and VND 200,000,000 for organisations; maximum fines in the field of standards and quality of products and goods of up to VND 150,000,000 for individuals and VND 300,000,000 for organisations;

d) Apply the remedial measures specified at Points a, b, dd, g, h and i, Clause 3, Article 2 of this Decree.”.

88. The lead-in of Clause 4, Article 39 is amended and supplemented as follows:

“4. Commanders of provincial Border Guards, Commanders of Border Guard Squadrons and the Director of the Department of Drug and Crime Prevention under the Border Guard Command have the power to:”.

89. Point dd, Clause 4, Article 39 is amended and supplemented as follows:

“dd) Apply the remedial measures specified at Points a, b, dd, g, h and i, Clause 3, Article 2 of this Decree.”.

90. Point c, Clause 4; the lead-in and Point c, Clause 5; and Clause 6, Article 40 are amended and supplemented as follows:

a) Point c, Clause 4 is amended and supplemented as follows:

“c) Confiscate material evidence and means of administrative violation in the field of measurement valued at not more than VND 40,000,000 for individuals and VND 80,000,000 for organisations, and in the field of standards and quality of products and goods valued at not more than VND 50,000,000 for individuals and VND 100,000,000 for organisations.”;

b) The lead-in of Clause 5 is amended and supplemented as follows:

“5. Commanders of Coast Guard Squadrons, Commanders of Reconnaissance Groups and Commanders of Drug Crime Prevention Task Forces under the Vietnam Coast Guard Command have the power to:”;

c) Point c, Clause 5 is amended and supplemented as follows:

“c) Confiscate material evidence and means of administrative violation in the field of measurement valued at not more than VND 60,000,000 for individuals and VND 120,000,000 for organisations, and in the field of standards and quality of products and goods valued at not more than VND 90,000,000 for individuals and VND 180,000,000 for organisations.”;

d) Clause 6 is amended and supplemented as follows:

“6. Commanders of Coast Guard Regions and the Director of the Department of Operations and Law under the Vietnam Coast Guard Command have the power to:

a) Issue a caution;

b) Impose fines of up to VND 50,000,000 for individuals and VND 100,000,000 for organisations in the field of measurement, and up to VND 75,000,000 for individuals and VND 150,000,000 for organisations in the field of standards and quality of products and goods.

c) Suspend the licence or practising certificate for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

d) Apply the remedial measures specified at Points a, b, g, h and i, Clause 3, Article 2 of this Decree.”.

91. Point c, Clause 1, Article 41 is amended and supplemented as follows:

“c) Confiscate material evidence and means of administrative violation valued at not more than VND 1,000,000 for individuals and VND 2,000,000 for organisations;”.

92. The lead-in of Clause 2, Article 41 is amended and supplemented as follows:

“2. Chief Inspectors of provincial Departments; Directors of Food Safety and Hygiene Sub-Departments of provincial Departments of Health; Directors of regional Veterinary Sub-Departments and regional Animal Quarantine Sub-Departments of the Department of Animal Health; Directors of regional Plant Quarantine Sub-Departments of the Plant Protection Department; Directors of the Central and Southern Sub-Departments of Agro-Forestry-Fisheries Quality Management of the Department of Agro-Forestry-Fisheries Quality Management; Directors of Sub-Departments of crop production and plant protection, livestock, veterinary, fisheries, and agro-forestry-fisheries quality management of provincial Departments of Agriculture and Rural Development; and Directors of Regional Radio Frequency Centres have the power to:”.

93. Point d, Clause 2, Article 41 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation valued at not more than VND 100,000,000 for individuals and VND 200,000,000 for organisations;”.

94. Point d, Clause 4, Article 41 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation in the field of measurement valued at not more than VND 140,000,000 for individuals and VND 280,000,000 for organisations, and in the field of standards and quality of products and goods valued at not more than VND 210,000,000 for individuals and VND 420,000,000 for organisations;”.

95. The lead-in of Clause 5, Article 41 is amended and supplemented as follows:

“5. Chief Inspectors of Ministries and ministerial-level agencies; the Directors General of the Directorate of Forestry, the Directorate of Fisheries, the Vietnam Directorate of Geology and Minerals and the Vietnam Environment Administration; and the Directors of the Department of Work Safety, the Chemicals Department, the Industrial Safety Techniques and Environment Agency, the Department of Industry, the Vietnam Competition and Consumer Authority, the Department of Animal Health, the Plant Protection Department, the Department of Crop Production, the Department of Livestock Production, the Department of Agro-Forestry-Fisheries Quality Management, the Department of Agro-Processing and Market Development, the Authority of Radio Frequency Management, the Vietnam Telecommunications Authority, the Authority of Broadcasting and Electronic Information, the Authority of Press, the Authority of Publication, Printing and Distribution, the Drug Administration of Vietnam, the Medical Services Administration, the Health Environment Management Agency, the General Department of Preventive Medicine and the Vietnam Food Administration have the power to:”.

96. Clause 1, Article 43 is amended and supplemented as follows:

“1. The titles stated in Articles 34, 35, 36, 37, 38, 39, 40 and 41 of this Decree, and officers of the People's Army and People's Public Security forces and civil servants and public employees performing official duties, have the right to make records of administrative violations as prescribed when detecting administrative violations in the fields of standards, measurement and quality of products and goods.”.

Article 3. Amending and supplementing a number of articles of Decree No. 51/2019/ND-CP dated 13 June 2019 of the Government on sanctioning administrative violations in science and technology activities and technology transfer

1. Clauses 11, 12 and 13 are added to Article 4 as follows:

“11. Compelled public disclosure of information on science and technology tasks.

12. Compelled reporting on science and technology activities as prescribed.

13. Compelled registration of changes to or supplementation of the Certificate of registration of science and technology activities.”.

2. Article 4a is added after Article 4 as follows:

“Article 4a. Enforcement of sanctioning decisions, enforcement of remedial measures and coercive enforcement of sanctioning decisions

The enforcement of sanctioning decisions, the enforcement of remedial measures and the coercive enforcement of decisions on sanctioning administrative violations under this Decree comply with the Law on Handling of Administrative Violations and its implementing documents.”.

3. A number of clauses of Article 6 are amended and supplemented as follows:

a) Clause 2 is amended as follows:

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

a) Failing to publicly disclose, or publicly disclosing not in accordance with the regulations of the competent state agency, information on science and technology tasks using the State budget;

b) Failing to register the results of science and technology tasks using the State budget with the competent state agency as prescribed.”;

b) Clause 3 is added after Clause 2 as follows:

“3. Remedial measures:

Compelled public disclosure of information on science and technology tasks for the act specified at Point a, Clause 1 of this Article.”.

4. A number of clauses of Article 8 are amended and supplemented as follows:

a) Clause 1 is amended and supplemented as follows:

“1. A fine of VND 1,000,000 to VND 2,000,000 is imposed for failing to report, or reporting not in accordance with the regulations of the competent state agency, on the status of operations.”;

b) Clause 10 is amended and supplemented as follows:

“10. Remedial measures:

a) Compelled reporting on science and technology activities as prescribed for the act specified in Clause 1 of this Article;

b) Compelled registration of changes to or supplementation of the Certificate of registration of science and technology activities for the act specified at Point b, Clause 3 of this Article;

c) Compelled cancellation of dossiers and documents with false contents for the act specified in Clause 7 of this Article.”.

5. A number of clauses of Article 20 are amended and supplemented as follows:

a) Clause 2 is amended as follows:

“A fine of VND 10,000,000 to VND 20,000,000 is imposed for failing to repay on time the State support received as prescribed when the Certificate of registration of technology transfer or the Certificate of encouraged technology transfer is invalidated.”;

b) Point l is added to Clause 4 as follows:

“l) Investment incentives from the grant of a Certificate of encouraged technology transfer.”.

6. Clause 2, Article 27 is amended and supplemented as follows:

“2. Officers of the People's Public Security forces and civil servants and public employees of the agencies specified in Articles 28 to 34 of this Decree who are performing official duties.”.

7. A number of points and clauses of Article 28 are amended and supplemented as follows:

a) To amend and supplement Point c of Clause 1 as follows:

“c) Confiscate material evidence and means of administrative violation valued at up to VND 1,000,000.”;

b) Point d, Clause 2 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation valued at up to VND 50,000,000;”;

c) Point d, Clause 4 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation valued at up to VND 70,000,000”.

8. A number of points and clauses of Article 29 are amended and supplemented as follows:

a) To amend and supplement Point c of Clause 1 as follows:

“c) Confiscate material evidence and means of administrative violation valued at up to VND 10,000,000.”;

b) Point d, Clause 2 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation.”.

9. A number of clauses of Article 30 are amended and supplemented as follows:

a) The lead-in of Clause 2 is amended and supplemented as follows:

“2. Heads of Stations and Teams of the persons specified in Clause 1 of this Article have the power to:”;

b) Clause 3 is amended and supplemented as follows:

“3. Heads of commune-level Police, Heads of Police Stations, Heads of border-gate and export-processing-zone Police Stations, Heads of international airport border-gate Police and Commanders of Waterway Police Teams have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 2,500,000;

c) Confiscate material evidence and means of administrative violation valued at up to VND 5,000,000.”;

b) Clause 4 is amended as follows:

“4. Heads of district-level Police; Heads of Professional Divisions of the Department of Internal Political Security, of the Department of Administrative Police for Social Order and of the Department of Cyber Security and High-Tech Crime Prevention; and Heads of Divisions of provincial Police, including: Heads of Divisions of Internal Political Security, of Administrative Police for Social Order, of Police for Investigation of Social Order Crimes, of Police for Investigation of Corruption, Economic and Smuggling Crimes, of Police for Prevention of Environmental Crimes, of Cyber Security and High-Tech Crime Prevention, and of Economic Security have the power to:

a) Issue a caution;

b) Impose fines of up to VND 10,000,000;

c) Deprive the right to use, for a definite period: the Certificate of registration of science and technology activities and the Certificate of operation of representative offices and branches;

d) Confiscate material evidence and means of administrative violation valued at up to VND 20,000,000.”;

c) Point d, Clause 5 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation.”.

10. A number of points and clauses of Article 31 are amended and supplemented as follows:

a) The lead-in of Clause 2 is amended and supplemented as follows:

“2. “Heads of Teams and Heads of Groups of Customs Sub-Departments; Heads of Groups of Control Teams of provincial, inter-provincial and municipal Customs Departments; and Heads of Teams of Post-Clearance Inspection Sub-Departments” have the power to:”;

b) Clause 3 is amended and supplemented as follows:

“3. Directors of Customs Sub-Departments, Directors of Post-Clearance Inspection Sub-Departments, Heads of Control Teams of provincial, inter-provincial and municipal Customs Departments, Heads of Criminal Investigation Teams, Heads of Anti-Smuggling Control Teams, Commanders of Maritime Control Flotillas and Heads of Teams for Control of Counterfeit Goods Smuggling and Intellectual Property Protection of the Anti-Smuggling Investigation Department; and Directors of Post-Clearance Inspection Sub-Departments of the Post-Clearance Inspection Department have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 25,000,000;

c) Confiscate material evidence and means of administrative violation valued at up to VND 50,000,000;

d) Apply the remedial measure specified in Clause 8, Article 4 of this Decree.”;

c) Point c, Clause 4 is amended and supplemented as follows:

“c) Confiscate material evidence and means of administrative violation;”.

11. A number of points and clauses of Article 32 are amended and supplemented as follows:

a) Clause 1 is amended and supplemented as follows:

“1. Heads of Market Surveillance Teams and Heads of Professional Divisions of the Department of Market Surveillance Operations have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 25,000,000;

c) Confiscate material evidence and means of administrative violation valued at up to VND 50,000,000.”;

b) Clause 2 is amended and supplemented as follows:

“2. Directors of provincial Market Surveillance Departments and the Director of the Department of Market Surveillance Operations under the General Department of Market Surveillance have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 50,000,000;

c) Confiscate exhibits and instrumentalities of the administrative violation;

d) Deprive the right to use, for a definite period: the Certificate of eligibility for technology assessment and appraisal services.”.

12. Point c, Clause 1, Article 33 is amended and supplemented as follows:

“c) Confiscate material evidence and means of administrative violation;”.

13. A number of points and clauses of Article 34 are amended and supplemented as follows:

a) To amend and supplement Point c of Clause 1 as follows:

“c) Confiscate material evidence and means of administrative violation valued at up to VND 1,000,000.”;

b) Point d, Clause 2 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation valued at up to VND 50,000,000;”;

c) Point d, Clause 4 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation valued at up to VND 70,000,000;”.

Article 4. Amending and supplementing a number of articles of Decree No. 107/2013/ND-CP dated 20 September 2013 of the Government on sanctioning administrative violations in the field of atomic energy

1. Clause 3 is added to Article 1 as follows:

“3. Sanctioning of administrative violations for disseminating untruthful information about nuclear incidents is carried out under the regulations on sanctioning administrative violations in press and publishing activities.”.

2. Article 1a is added after Article 1 as follows:

“Article 1a. Persons subject to administrative sanctions

1. Vietnamese or foreign individuals and organisations committing administrative violations provided for in this Decree within the territory of Vietnam.

2. Business households and households committing administrative violations provided for in this Decree are sanctioned as individual violators.

3. Organisations subject to sanctions under this Decree include:

a) Economic organisations established under the Law on Enterprises, including: private enterprises, joint-stock companies, limited liability companies and partnerships;

b) Economic organisations established under the Law on Cooperatives, including: cooperatives and cooperative unions;

c) Other organisations established under law.

4. Branches, representative offices and business locations of enterprises as persons subject to sanctions for administrative violations are determined under the law on handling of administrative violations.”.

3. Clause 7 is added to Article 2 as follows:

“7. For the violations specified in Articles 5, 6 and 7, Points a, c, d and d, Clause 2, Article 8, and Articles 10, 13 and 15 of this Decree, repeated administrative violations are an aggravating circumstance.

For other violations specified in this Decree, repeated administrative violations are handled for each act.”.

4. Clause 12 is added after Clause 11, Article 3 as follows:

“12. Compelled recall of goods for destruction.”.

5. Article 3a is added after Article 3 as follows:

“Article 3a. Enforcement of sanctioning decisions, enforcement of remedial measures and coercive enforcement of sanctioning decisions

The enforcement of sanctioning decisions, the enforcement of remedial measures and the coercive enforcement of decisions on sanctioning administrative violations under this Decree comply with the Law on Handling of Administrative Violations and its implementing documents.”.

6. Clause 2, Article 4 is amended and supplemented as follows:

“2. The competence to sanction administrative violations of the persons specified in Articles 43, 44, 45, 45a, 45b and 45c of this Decree is the competence applicable to one administrative violation of an individual. In the case of fines, the sanctioning competence for organisations is twice that for individuals.”.

7. A number of points and clauses of Article 6 are amended and supplemented as follows:

a) Clause 1 is amended and supplemented as follows:

“1. A fine of VND 2,000,000 to VND 5,000,000 is imposed for one of the following acts:

a) Conducting radiation work when the licence has expired for not more than 30 working days;

b) Failing to carry out the procedures for amending the radiation work licence as prescribed.”;

b) The heading of Clause 4 is supplemented as follows:

“4. A fine of VND 5,000,000 to VND 10,000,000 is imposed for one of the following acts without a licence, where the violation is not serious enough to be examined for criminal liability:”;

c) Point e is added after Point dd, Clause 4 as follows:

“e) Constructing a radiation facility.”;

d) The heading of Clause 5 is supplemented as follows:

“5. A fine of VND 10,000,000 to VND 20,000,000 is imposed for one of the following acts without a licence, where the violation is not serious enough to be examined for criminal liability:”;

dd) The heading of Clause 6 is supplemented as follows:

“6. A fine of VND 20,000,000 to VND 35,000,000 is imposed for one of the following acts without a licence, where the violation is not serious enough to be examined for criminal liability:”;

e) The heading of Clause 7 is supplemented as follows:

“7. A fine of VND 30,000,000 to VND 50,000,000 is imposed for one of the following acts without a licence, where the violation is not serious enough to be examined for criminal liability:”;

g) The heading of Clause 8 is supplemented as follows:

“8. A fine of VND 40,000,000 to VND 70,000,000 is imposed for one of the following acts without a licence, where the violation is not serious enough to be examined for criminal liability:”.

8. A number of points of Clause 2, Article 8 are amended and supplemented as follows:

a) Point c is amended and supplemented as follows:

“c) Failing to provide, or providing insufficient, personal dosimeters for radiation workers;”;

b) Point e is added after Point dd, Clause 2 as follows:

“e) Failing to establish investigation levels as prescribed.”.

9. Point c, Clause 1, Article 12 is amended and supplemented as follows:

“c) Failing to carry out periodic verification of radiotherapy equipment as prescribed.”.

10. Point c is added to Clause 4, Article 13 as follows:

“c) Failing to provide portable dose rate meters and fixed dose rate meters appropriate to the type of radiation work as prescribed.”.

11. Point a, Clause 1, Article 19 is amended and supplemented as follows:

“a) Failing to develop or implement, or not having a decision approving, the facility-level radiation incident response plan as prescribed, except the violation specified at Point b, Clause 2, Article 17 of this Decree;”.

12. Point g, Clause 2, Article 27 is amended and supplemented as follows:

“g) Failing to assign a person in charge of safety and a person in charge of decontamination, or not having staff trained in medical physics as prescribed;”.

13. Points c and dd, Clause 2, Article 28 are amended and supplemented as follows:

a) Point c, Clause 2 is amended and supplemented as follows:

“c) Failing to install locks on the entrance doors of security-controlled areas; failing to install locks on the doors of rooms housing radioactive sources, source control rooms and security system control rooms; failing to install locks on water treatment pools storing radioactive sources in industrial irradiation;”;

b) Point dd, Clause 2 is amended and supplemented as follows:

“dd) Not having written permission from the head of the facility or an authorised person, or a handover record, when transferring radioactive sources within the facility; not having a document specifying the responsibilities and powers of the security force and of each organisation and individual involved in ensuring the security of radioactive sources as prescribed;”.

14. Point d, Clause 2, Article 29 is amended and supplemented as follows:

“d) Not having written permission from the head of the facility or an authorised person, or a handover record, when transferring radioactive sources within the facility; not having a document specifying the responsibilities and powers of each organisation and individual involved in ensuring the security of radioactive sources as prescribed;”.

15. Point b, Clause 2, Article 30 is amended and supplemented as follows:

“b) Violating Point d, Clause 2, Article 29 of this Decree;”.

16. Point dd, Clause 2, Article 31 is amended and supplemented as follows:

“dd) Violating Point d, Clause 2, Article 29 of this Decree;”.

17. A number of points and clauses of Article 32 are amended and supplemented as follows:

a) Point e, Clause 1 is amended and supplemented as follows:

“e) Violating Point d, Clause 2, Article 29 of this Decree.”;

b) Point e is added after Point dd, Clause 3 as follows:

“e) Failing to count radioactive sources after each work shift and monthly; not having a document specifying the responsibilities and powers of each unit and individual involved in ensuring the security of radioactive sources as prescribed.”;

c) Point c, Clause 5 is amended and supplemented as follows:

“c) Violating Point d, Clause 2, Article 29 of this Decree;”.

18. Article 33 is amended and supplemented as follows:

“Article 33. Violations of regulations on the security of radioactive sources when using or storing radioactive sources of security level D

A fine of VND 3,000,000 to VND 6,000,000 is imposed for one of the following acts:

1. Failing to count radioactive sources quarterly, or failing to count them weekly during maintenance, servicing, repair or suspension of the production line, for equipment using radioactive sources installed on production lines.

2. Not having a document specifying the responsibilities and powers of each unit and individual involved in ensuring the security of radioactive sources as prescribed.”.

19. Clause 4 is added after Clause 3, Article 39 as follows:

“4. Remedial measures:

Compelled withdrawal of the results of services provided for the violations specified in Clauses 1 and 2 of this Article.”.

20. A number of clauses of Article 40 are amended and supplemented as follows:

a) Clause 2 is amended as follows:

“2. A fine of VND 8,000,000 to VND 15,000,000 is imposed on organisations providing atomic energy application support services for one of the following acts:

a) Providing atomic energy application support services without a sufficient number of persons holding practising certificates as prescribed;

b) Using persons without practising certificates for atomic energy application support services to provide services that require practising certificates as prescribed.”;

b) Clauses 3 and 4 are added after Clause 2 as follows:

“3. Additional sanctions:

Deprivation of the right to use the registration of atomic energy application support services for 01 to 03 months for the violation specified at Point a, Clause 2 of this Article.

4. Remedial measures:

Compelled withdrawal of the results of services provided for the violations specified in Clause 1 and Point b, Clause 2 of this Article.”.

21. A number of clauses of Article 41 are amended and supplemented as follows:

a) Point dd is added after Point d, Clause 2 as follows:

“dd) Failing to provide, or providing insufficient, personal dosimeters and protective equipment, or failing to assess individual radiation doses at the prescribed frequency, for staff providing services who work directly with radiation as prescribed.”;

b) Point dd is added after Point d, Clause 3 as follows:

“dd) Failing to maintain the facilities and technical infrastructure in accordance with the conditions for registration of atomic energy application support services, except violations sanctioned under this Decree;”;

c) Point e is added after Point dd, Clause 3 as follows:

“e) Repeating one of the acts specified at Points a, b, d and dd, Clause 3 of this Article.”;

d) Clause 4 is amended and supplemented as follows:

“4. Additional sanctions:

Deprivation of the right to use the registration of atomic energy application support services for 06 to 12 months for the violations specified at Points c and e, Clause 3 of this Article.”.

22. A number of points and clauses of Article 43 are amended and supplemented as follows:

a) To amend and supplement Point c of Clause 1 as follows:

“c) Confiscate material evidence and means of administrative violation valued at not more than VND 1,000,000.”;

b) Point d, Clause 2 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation valued at not more than VND 100,000,000;”;

c) Point d, Clause 3 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation valued at not more than VND 500,000,000;”.

23. A number of points of Clause 1, Article 44 are amended and supplemented as follows:

a) Point b, Clause 1 is amended as follows:

“b) Impose fines of up to VND 100,000,000;”;

b) Point d, Clause 1 is amended and supplemented as follows:

“d) Confiscate material evidence and means of administrative violation;”.

24. Article 45 is amended and supplemented as follows:

“Article 45. Sanctioning competence of the People's Public Security

1. People's Public Security officers on duty and Heads of commune-level Police have the power to:

a) Issue a caution;

b) Impose fines of up to VND 500,000.

2. Heads of commune-level Police have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 2,500,000;

c) Confiscate material evidence and means of administrative violation valued at not more than VND 5,000,000;

d) Apply the remedial measures specified in Article 3 of this Decree;

3. Heads of district-level Police; Heads of Professional Divisions of the Department of Administrative Police for Social Order, of the Department of Cyber Security and High-Tech Crime Prevention and of the Immigration Department; and Heads of Divisions of provincial Police, including: Heads of Divisions of Administrative Police for Social Order, of Police for Investigation of Social Order Crimes, of Cyber Security and High-Tech Crime Prevention, of Immigration Management, of Economic Security and of Police for Prevention of Environmental Crimes have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 25,000,000;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate material evidence and means of administrative violation valued at not more than VND 50,000,000;

dd) Apply the remedial measures specified in Points 2, 4 and 5, Article 3 of this Decree.

4. Directors of provincial Police have the power to:

a) Issue a caution;

b) Impose fines of up to VND 100,000,000;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

dd) Apply the remedial measures specified in Clauses 2, 3, 4, 5, 6, 7 and 8, Article 3 of this Decree.

5. The Directors of the Department of Internal Political Security, the Department of Economic Security, the Department of Administrative Police for Social Order, the Department of Cyber Security and High-Tech Crime Prevention, the Department of Police for Investigation of Social Order Crimes, the Department of Police for Investigation of Corruption, Economic and Smuggling Crimes and the Department of Police for Prevention of Environmental Crimes have the power to:

a) Issue a caution;

b) Impose fines of up to VND 1,000,000,000;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

dd) Apply the remedial measures specified in Clauses 2, 3, 4, 5, 6, 7 and 8, Article 3 of this Decree.”.

25. Article 45a is added after Article 45 as follows:

“Article 45a. Sanctioning competence of Customs

1. Directors of Customs Sub-Departments; Directors of Post-Clearance Inspection Sub-Departments and Heads of Control Teams of provincial, inter-provincial and municipal Customs Departments; Heads of Criminal Investigation Teams, Heads of Anti-Smuggling Control Teams, Commanders of Maritime Control Flotillas and Heads of Teams for Control of Counterfeit Goods Smuggling and Intellectual Property Protection of the Anti-Smuggling Investigation Department; and Directors of Post-Clearance Inspection Sub-Departments of the Post-Clearance Inspection Department have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 25,000,000;

c) Confiscate material evidence and means of administrative violation valued at not more than VND 50,000,000;

d) Apply the remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.

2. The Director of the Anti-Smuggling Investigation Department, Directors of provincial, inter-provincial and municipal Customs Departments and the Director of the Post-Clearance Inspection Department under the General Department of Vietnam Customs have the power to:

a) Issue a caution;

b) Impose a fine of up to VND 50,000,000;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

dd) Apply the remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.

3. The Director General of the General Department of Vietnam Customs has the power to:

a) Issue a caution;

b) Impose fines of up to VND 1,000,000,000;

c) Confiscate exhibits and instrumentalities of the administrative violation;

d) Apply the remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.”.

26. Article 45b is added after Article 45a as follows:

“Article 45b. Sanctioning competence of the Vietnam Coast Guard

1. Commanders of Coast Guard Regions and the Director of the Department of Operations and Law under the Vietnam Coast Guard Command have the power to:

a) Issue a caution;

b) Impose fines of up to VND 100,000,000;

c) Suspend the licence or practising certificate for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

dd) Apply the remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.

2. The Commander of the Vietnam Coast Guard has the power to:

a) Issue a caution;

b) Impose fines of up to VND 1,000,000,000;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

dd) Apply the remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.”.

27. Article 45c is added after Article 45b as follows:

“Article 45c. Sanctioning competence of the Border Guard

1. Commanders of Drug and Crime Prevention Task Forces of the Department of Drug and Crime Prevention under the Border Guard Command have the power to:

a) Issue a caution;

b) Impose fines of up to VND 100,000,000;

c) Confiscate material evidence and means of administrative violation valued at not more than VND 200,000,000;

d) Apply the remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.

2. Commanders of provincial Border Guards, Commanders of Border Guard Squadrons and the Director of the Department of Drug and Crime Prevention under the Border Guard Command have the power to:

a) Issue a caution;

b) Impose fines of up to VND 1,000,000,000;

c) Suspend the licence or practising certificate for a fixed term, or suspend operations for a fixed term;

d) Confiscate exhibits and instrumentalities of the administrative violation;

dd) Apply the remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.”.

28. Article 45d is added after Article 45c as follows:

“Article 45d. Delineation of sanctioning competence

1. Science and Technology specialised inspectorate:

a) Inspectors and persons assigned to perform specialised science and technology inspection tasks who are on duty have the competence to sanction the administrative violations specified in Clause 1, Article 5, Clause 1, Article 8, Clause 1, Article 13, Clause 1, Article 27 and Clause 1, Article 42 of this Decree;

b) The Chief Inspector of the Vietnam Agency for Radiation and Nuclear Safety, Chief Inspectors of provincial Departments of Science and Technology, Heads of specialised inspection teams of the Vietnam Agency for Radiation and Nuclear Safety and Heads of specialised inspection teams of provincial Departments of Science and Technology have the competence to sanction the administrative violations specified in Article 5; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11, Article 6; Articles 7, 8, 9, 10, 11, 12 and 13; Clauses 1, 2, 3, 4, 5 and 6, Article 14; Articles 15, 16 and 17; Clauses 1, 2, 3, 4 and 6, Article 18; Clauses 1, 2, 3 and 5, Article 19; Articles 20 and 21; Clauses 1 and 3, Article 22; Clauses 1, 2, 3 and 5, Article 23; Articles 24, 27, 28, 29, 30, 31, 32, 33 and 34; Clauses 1, 2 and 3, Article 35; Clause 1, Article 36; Clause 3, Article 37; Clause 1, Article 38; and Articles 39, 40, 41 and 42 of this Decree;

c) Heads of specialised inspection teams of the Ministry of Science and Technology have the competence to sanction the administrative violations specified in Article 5; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11, Article 6; Articles 7 to 18; Clauses 1, 2, 3 and 5, Article 19; Articles 20 to 25; Clause 1, Article 26; Articles 27 to 34; Clauses 1, 2 and 3, Article 35; Article 36; Clauses 1, 3 and 4, Article 37; Clause 1, Article 38; and Articles 39, 40, 41 and 42 of this Decree;

d) The Chief Inspector of the Ministry of Science and Technology and the Director of the Vietnam Agency for Radiation and Nuclear Safety have the competence to sanction the administrative violations specified in Chapter II of this Decree.

2. Sanctioning competence of Chairpersons of People's Committees at all levels:

a) Chairpersons of district-level People's Committees sanction the administrative violations specified at Point b, Clause 2, Article 5; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11, Article 6; and Articles 7, 9, 34 and 42 of this Decree;

b) Chairpersons of provincial People's Committees sanction the administrative violations specified in Chapter II of this Decree.

3. Sanctioning competence of the People's Public Security:

a) People's Public Security officers on duty have the competence to sanction the administrative violations specified in Clause 1, Article 5, Clause 1, Article 8 and Clause 1, Article 42 of this Decree;

b) Heads of commune-level Police have the power to sanction the administrative violations specified in Clauses 1 and 2, Article 5, Clause 1, Article 8, Clause 1, Article 20 and Clause 1, Article 42 of this Decree;

c) Heads of district-level Police; Heads of Professional Divisions of the Department of Administrative Police for Social Order, of the Department of Cyber Security and High-Tech Crime Prevention and of the Immigration Department; and Heads of Divisions of provincial Police, including: Heads of Divisions of Administrative Police for Social Order, of Police for Investigation of Social Order Crimes, of Cyber Security and High-Tech Crime Prevention, of Immigration Management, of Economic Security and of Police for Prevention of Environmental Crimes have the competence to sanction the administrative violations specified in Clauses 1 and 2, Article 5; Clauses 3, 4, 5 and 11, Article 6; Articles 8 and 9; Clauses 1, 2 and 3, Article 17; Clauses 1 and 6, Article 18; Clause 1, Article 19; Clauses 1 and 2, Article 20; Articles 30, 31, 32 and 33; Clauses 1, 2, 3 and 4, Article 34; and Article 42 of this Decree;

d) Directors of provincial Police sanction administrative violations within their competence and their field and scope of management, for administrative violations in the field of atomic energy specified in Article 5; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11, Article 6; Articles 7, 8, 9 and 17; Clauses 1, 2, 3 and 4, Article 18; Clauses 1, 2, 3 and 5, Article 19; Articles 20, 21, 23, 28, 29, 30, 31, 32, 33 and 34; Clauses 1, 2 and 3, Article 35; Clauses 1 and 2, Article 36; Clause 1, Article 38; and Article 42 of this Decree;

dd) The Directors of the Department of Internal Political Security, the Department of Economic Security, the Department of Administrative Police for Social Order, the Department of Cyber Security and High-Tech Crime Prevention, the Department of Police for Investigation of Social Order Crimes, the Department of Police for Investigation of Corruption, Economic and Smuggling Crimes and the Department of Police for Prevention of Environmental Crimes sanction administrative violations within their competence and their field and scope of management, for administrative violations in the field of atomic energy specified in Articles 5, 6, 7, 8, 9, 17, 18, 19, 20, 21, 23, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38 and 42 of this Decree.

4. Sanctioning competence of Customs:

a) Directors of Customs Sub-Departments; Directors of Post-Clearance Inspection Sub-Departments and Heads of Control Teams of provincial, inter-provincial and municipal Customs Departments; Heads of Criminal Investigation Teams, Heads of Anti-Smuggling Control Teams, Commanders of Maritime Control Flotillas and Heads of Teams for Control of Counterfeit Goods Smuggling and Intellectual Property Protection of the Anti-Smuggling Investigation Department; and Directors of Post-Clearance Inspection Sub-Departments of the Post-Clearance Inspection Department sanction administrative violations within their competence and their field and scope of management, for administrative violations in the field of atomic energy related to customs activities specified at Point c, Clause 4 and Point a, Clause 11, Article 6; Clauses 2 and 3, Article 9; Clause 1, Point a, Clause 2, Clause 3 and Clause 6, Article 18; and Article 42 of this Decree;

b) The Director of the Anti-Smuggling Investigation Department and Directors of provincial, inter-provincial and municipal Customs Departments sanction administrative violations within their competence and their field and scope of management, for administrative violations in the field of atomic energy related to customs activities specified at Point c, Clause 4, Point a, Clause 7 and Clause 11, Article 6; Clauses 2 and 3, Article 9; Clauses 1, 2, 3, 4 and 6, Article 18; and Article 42 of this Decree;

c) The Director General of the General Department of Vietnam Customs sanctions administrative violations within their competence and their field and scope of management, for administrative violations in the field of atomic energy related to customs activities specified at Point c, Clause 4, Point a, Clause 7 and Clause 11, Article 6; Clauses 2 and 3, Article 9; Clause 1, Point a, Clause 2, and Clauses 3, 4, 5 and 6, Article 18; and Article 42 of this Decree.

5. Sanctioning competence of the Vietnam Coast Guard:

a) Commanders of Coast Guard Regions and the Director of the Department of Operations and Law under the Vietnam Coast Guard Command sanction administrative violations within their competence and their field and scope of management, for administrative violations in the field of atomic energy occurring in sea areas under Vietnam's national sovereignty and jurisdiction specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11, Article 6; Article 17; Clauses 1, 2, 3 and 4, Article 18; Article 34; Clauses 1, 2 and 3, Article 35; Clause 1, Article 38; and Article 42 of this Decree;

b) The Commander of the Vietnam Coast Guard sanctions administrative violations within their competence and their field and scope of management, for administrative violations in the field of atomic energy occurring in sea areas under Vietnam's national sovereignty and jurisdiction specified in Articles 6, 17, 18, 34, 35, 38 and 42 of this Decree.

6. Sanctioning competence of the Border Guard:

a) Commanders of Drug and Crime Prevention Task Forces of the Department of Drug and Crime Prevention under the Border Guard Command sanction administrative violations within their competence and their field and scope of management, for administrative violations in the field of atomic energy occurring in border areas and at border gates specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11, Article 6; Article 17; Clauses 1, 2, 3, 4 and 6, Article 18; Article 34; Clauses 1, 2 and 3, Article 35; Clause 1, Article 38; and Article 42 of this Decree;

b) Commanders of provincial Border Guards, Commanders of Border Guard Squadrons and the Director of the Department of Drug and Crime Prevention under the Border Guard Command sanction administrative violations within their competence and their field and scope of management, for administrative violations in the field of atomic energy occurring in border areas and at border gates specified in Articles 6, 17, 18, 34, 35, 38 and 42 of this Decree.”.

29. Article 46 is amended and supplemented as follows:

“Article 46. Competence to make records of administrative violations

Persons competent to make records of administrative violations in the field of atomic energy include:

1. Persons competent to sanction administrative violations in the field of atomic energy specified in Articles 43, 44, 45, 45a, 45b and 45c of this Decree.

2. Officers of the People's Army and People's Public Security forces, and civil servants and public employees of the agencies specified in Articles 43, 44 and 45a of this Decree, who are performing official duties.”.

Article 5. Repealing a number of provisions of Decree No. 99/2013/ND-CP dated 29 August 2013 of the Government on sanctioning administrative violations in the field of industrial property, Decree No. 119/2017/ND-CP dated 01 November 2017 of the Government on sanctioning administrative violations in the fields of standards, measurement and quality of products and goods, and Decree No. 107/2013/ND-CP dated 20 September 2013 of the Government on sanctioning administrative violations in the field of atomic energy

1. Clause 3, Article 5; Point b, Clause 1, Article 7; and Point c, Clause 2, Article 32 of Decree No. 99/2013/ND-CP are repealed.

2. Point c, Clause 3, Article 3; Points g and h, Clause 3 and Clause 5, Article 19; Clause 3, Article 20; Points a and b, Clause 1, Article 21; Point b, Clause 3, Article 24; Article 28; Clauses 5 and 6, Article 31; and Points dd and g, Clause 1, Article 32 of Decree No. 119/2017/ND-CP are repealed.

3. Clause 3, Article 2 and Point d, Clause 4, Article 6 of Decree No. 107/2013/ND-CP are repealed.

Article 6. Implementation responsibilities

1. The Ministry of Science and Technology shall take the lead and coordinate with relevant ministries and sectors in guiding and organising the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies and Chairpersons of People's Committees of provinces and centrally run cities are responsible for implementing this Decree.

Article 7. Implementation provisions

1. This Decree takes effect from 01 January 2022.

2. Transitional provisions:

a) For administrative violations in the fields of industrial property; standards, measurement and quality of products and goods; science and technology activities and technology transfer; and atomic energy committed before the effective date of this Decree and detected afterwards or being considered and resolved, where this Decree does not provide for legal liability or provides for lighter legal liability, this Decree applies;

b) For decisions on sanctioning administrative violations issued or fully enforced before the effective date of this Decree against which the sanctioned individuals or organisations still lodge complaints, Decree No. 99/2013/ND-CP dated 29 August 2013 of the Government on sanctioning administrative violations in the field of industrial property, Decree No. 119/2017/ND-CP dated 01 November 2017 of the Government on sanctioning administrative violations in the fields of standards, measurement and quality of products and goods, Decree No. 51/2019/ND-CP dated 13 June 2019 of the Government on sanctioning administrative violations in science and technology activities and technology transfer, and Decree No. 107/2013/ND-CP dated 20 September 2013 of the Government on sanctioning administrative violations in the field of atomic energy apply.