THE MINISTRY OF SCIENCE AND TECHNOLOGY OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness ---------------
No. 02/VBHN-BKHCN	Hanoi, January 06, 2022

DECREE

ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON STANDARDS, MEASUREMENT AND QUALITY OF GOODS

Decree No. 119/2017/ND-CP dated November 01, 2017 of the Government on administrative penalties in standards, measurement and quality of goods, which comes into force from December 15, 2017, is amended by:

Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

Pursuant to the Law on Government Organization dated June 19, 2015;

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

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

Pursuant to the Law on Measurement dated November 11, 2011;

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At the request of the Minister of Science and Technology;

The Government of Vietnam hereby promulgates a Decree on penalties for administrative violations against regulations on standards, measurement and quality of goods. [1]

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for administrative violations, penalties, fines, remedial measures, power to impose penalties and power to draw up reports on administrative offences against regulations on technical regulations and standards; measurement; quality of goods (hereinafter referred to as “standards, measurement and quality of goods”).

2. [2] Other administrative violations against regulations on standards, measurement and quality of goods not specified herein shall apply regulations stated in other Government's decrees on penalties for administrative violations against relevant regulations on state management.

Article 2. Penalties and remedial measures

1. A warning or fine shall be the primary penalty for each administrative violation against regulations on standards, measurement and quality of goods that is committed by an organization or individual.

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a) [3] Suspension of the certificate of registration of conformity assessment operation (certification/testing/assessment/inspection); decision on designation of conformity assessment body (certification/testing/assessment/inspection); certificate of registration as providers of measuring instrument/measurement standard inspection/calibration/testing service; decision on designation of measuring instrument/measurement standard inspection/calibration/testing body; decision on approval for measurement standard for inspection/calibration of measuring instrument; decision on pattern approval; certificate of eligibility for use of quantity marks on pre-packaged goods labels; certificate of barcode use rights; certificate of registration as accreditation body; certificate of registration of award consideration, licence for transportation of dangerous goods; certificate of registration as oil and gas blending facility; certificate of eligibility for business for 01 – 12 months;

b) Suspension of operation for 01 – 03 months according to Clause 2 Article 25 of the Law on Handling of administrative violations;

c) Confiscation of exhibits and equipment serving the administrative violations against regulations on standards, measurement and quality of goods.

3. Apart from incurring primary and additional penalties, one or some of the following remedial measures may also be adopted:

a) Enforced destruction of goods, measuring instruments or measurement standards that affect human’s health, livestock, plants and environment;

b) [4] Enforced removal from the territory of the Socialist Republic of Vietnam or enforced re-export thereof;

c) Enforced correction of false or misleading information;

d) Enforced removal of illegal elements from goods, packages thereof and business instruments;

d1) [5] Enforced re-inspection of measuring instruments; enforced display of units of measurement instruments; enforced restoration of original state of measurement instruments; enforced repacking of pre-packed goods; enforced statement of quantity of pre-packed goods, enforced display of measurement units of pre-packed goods;

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e) Enforced recall of illicit goods, measuring instruments, reference standards or measurement standards that have been sold;

g) Mandatory revocation of certificate of management system, certificate of inspection/calibration/testing or certificate of comparison of measurement standards/reference standards;

h) Mandatory revocation of certificate of provision of training/testing/inspection/assessment; certificates of conformity with standards/regulations, certificates of laboratory accreditation; certificate of accreditation of inspection/calibration laboratory, certificate of accreditation of conformity assessment body; mandatory revocation or cancellation of decision on grant of prizes, withdrawal of prizes; decision on pattern approval;

i) Enforced repurposing or recycling of unqualified goods; enforced revision of declared standards; enforced repair of measuring instruments before being put into use.

Article 2a. Execution of penalty imposition decisions, execution of remedial measures and enforcement of sanction decisions [7]

Execution of penalty imposition decisions, execution of remedial measures and enforcement of administrative sanction decisions prescribed in this Decree shall comply with Law on Handling of Administrative Violations of Vietnam and guiding documents.

Article 3. Maximum fines and organizations carrying penalties for administrative violations

1. The maximum fine for a measurement-related violation committed by an individual and an organization shall be VND 100,000,000 and VND 200,000,000 respectively; the maximum fine for a product quality-related violation committed by an individual and an organization shall be VND 150,000,000 and VND 300,000,000 respectively, except for the provisions stated in Points dd, e, g and h Clause 2 Article 14; Points dd, e, g and h Clause 2 Article 15; Points dd, e, g and h Clause 2 Article 16; Clauses 3 and 4 Article 17; Clause 4 Article 18; Clause 4 Article 19 and Clauses 5, 6 and 7 Article 20 herein.

2. The fines specified herein are imposed for administration violations committed by organizations. The fine for the same violation committed by an individual shall be 50% of that imposed upon an organization, except for the provisions stated in Articles 11, 12 and 13 herein.

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a) Business entities established in accordance with provisions of the Law on Enterprises including sole proprietorships, joint-stock companies, limited liability companies and partnerships;

b) Business entities established in compliance with provisions of the Law on Cooperatives including cooperatives and cooperative unions;

c) [8] (annulled)

d) [9] Public service providers and other organizations as per the law.

Chapter II

ADMINISTRATIVE VIOLATIONS, PENALTIES AND FINES

Section 1. VIOLATIONS AGAINST REGULATIONS ON MEASUREMENT

Article 4. Violations against regulations on maintenance of national standards committed by designated organizations

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

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b) Failure to carry out regular calibration or comparison of national standards to international ones or national standards of a foreign country that have been calibrated or compared to international standards;

c) Failure to calibrate or compare national standards to transmit accuracy thereof to measurement standards having lower accuracy;

d) Failure to maintain the management system to carry out maintenance and use of national standards.

2. A fine of from VND 10,000,000 to VND 30,000,000 shall be imposed for:

a) Use of incorrect national standards to carry out calibration or comparison thereof to international standards or national standards of a foreign country; use of incorrect national standards for calibration or comparison in a manner that affects the measurement standards having lower accuracy;

b) Failure to report falsification of national standards, request suspension of a decision on approval for national standards or designate an organization to maintain national standards.

3. Remedial measures:

a) Mandatory suspension of the certificate of calibration/comparison in case of the violation specified in Point a Clause 2 this Article;

b) Enforced transfer of the illegal profits earned from commission of the violation specified in Point a Clause 2 of this Article to state budget.

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1. A fine of from VND 5.000.000 to 10.000.000 shall be imposed for the production, import, sale and use of reference standards or measurement standards without displaying the statutory measurement units.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for:

a) Failure to calibrate or compare measurement standards to national standards or measurement standards having higher accuracy before putting them into use;

b) Failure to carry out tests or comparison of reference standards before putting them into use.

3. A fine of between VND 20.000.000 and 40.000.000 for the violation against regulations on production, import or sale of reference standards/measurement standards against technical measurement requirements declared by the entity or imposed by a competent measuring authority.

4. The following remedial measures for the violations specified in Clause 1, Clause 3 of this Article shall apply based on the following order of priority:

a) Enforced removal from the territory of the Socialist Republic of Vietnam or mandatory revocation of reference standards/ measurement standards and enforced re-export thereof;

b) Mandatory revocation and repurposing of reference standards/measurement standards;

c) Enforced destruction of reference standards/measurement standards that cause harm to human’s health, livestock, plants, fishery and environment.

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1. [11] A fine of between VND 5.000.000 and 10.000.000 shall be imposed for failure to display statutory measurement units.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to carry out inspections or calibration for group-2 measuring instruments before putting them into use.

3. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed for:

a) Production of group-2 measuring instruments before pattern approval;

b) Production of group-2 measuring instruments under an expired pattern approval decision.

c) [12] Production of group-1 measuring instruments against technical measurement requirements declared by the entity.

4. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed for:

a) Production of group-2 measuring instruments against the pattern approved by a competent authority;

b) Failure to take preventive measures or make response to the change of specifications of measuring instruments declared by the manufacturer or regulated by a competent authority.

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The decision on pattern approval shall be suspended for 1 - 3 months in case of the violation specified in Clause 4 this Article.

6. [13] Remedial measures:

a) Enforced display of statutory measurement units before being put into use as to the violation specified in clause 1 of this Article;

b) Enforced inspection, calibration of group-2 measuring instruments before being put into use as to the violation specified in clause 2 of this Article;

c) As for the violations specified in points a and c clause 3, clause 4 of this Article, the remedial measures shall apply in the following order of priority: Enforced recall of sold measuring instruments; enforced recall and repurposing of measuring instruments; enforced destruction of measuring instruments that cause harm to human’s health, livestock, plants, fishery and environment.

Article 7. Violations against regulations on import of measuring instruments

1. [11] A fine of from VND 5.000.000 to 10.000.000 shall be imposed for failure to display statutory measurement units in case of import of group-2 measuring instruments.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to carry out inspections or calibration for imported group-2 measuring instruments before putting them into use.

3. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed for:

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b) Import of group-2 measuring instruments under an expired pattern approval decision

c) [15] Import of group-1 measuring instruments against technical measurement requirements declared by the entity.

4. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following violations:

a) Import of group-2 measuring instruments against the pattern approved by a competent authority;

b) Failure to take preventive measures or make response to the change of specifications of measuring instruments declared by the importer or regulated by a competent authority.

5. Additional penalties:

The decision on pattern approval shall be suspended for 1 - 3 months in case of the violation specified in Clause 4 this Article.

6. [16] Remedial measures:

a) Enforced suspension of the decision on pattern approval in case of the violation specified in Point b Clause 3 this Article;

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Article 8. Violations against regulations on import of measuring instruments

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for any act of affecting, adjusting, installing, withdrawing or replacing technical functions or structures of group-1 measuring instruments against technical measurement requirements declared by the entity.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to carry out inspections or calibration for repaired group-2 measuring instruments before putting them into use.

3. A fine of from VND 20.000.000 to VND 30,000,000 shall be imposed for any act of affecting, adjusting, installing, withdrawing or replacing technical functions or structures of group-2 measuring instruments against the pattern approved by a competent authority.

4. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for any act of affecting, adjusting, installing, withdrawing or replacing technical functions or structures of measuring instruments, thereby exceeding the tolerance thereof or making changes in specifications thereof.

5. [17] Remedial measures:

a) Enforced inspection, calibration of repaired group-2 measuring instruments before being put into use as to the violation specified in clause 2 of this Article;

b) Enforced restoration of the original condition of the measuring instruments; in case of failure to restore, the measuring instruments shall be forcibly destroyed if violations specified in Clauses 1, 3 and 4 of this Article are committed;

c) Enforced transfer of the illegal profits earned from commission of the violation specified in Clause 4 of this Article to state budget.

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1. [18] A fine of from VND 2.000.000 to 4.000.000 shall be imposed for failure to display statutory measurement units in case of sale of group-2 measuring instruments.

2. [19] A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for:

a) Sale of group-2 measuring instruments without pattern approved;

b) Sale of group-2 measuring instruments against the pattern approved by a competent authority;

c) Sale of group-1 measuring instruments against technical measurement requirements declared by the entity.

3. [20] Remedial measures:

a) Enforced recall of measuring instruments in circulation for the violations in clause 1 hereof;

b) As for the violations specified in points a, b and c clause 2 of this Article, the remedial measures shall apply in the following order of priority: enforced recall and repurposing of measuring instruments; enforced destruction of measuring instruments that cause harm to human’s health, livestock, plants, fishery and environment.

c) Enforced transfer of the illegal profits earned from commission of the violation specified in Point b Clause 1 and Points b and c Clause 2 of this Article to state budget.

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1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed if any of the following violations involves the use of one or some measuring instruments whose total value is up to VND 1,000,000 (according to the value of new measuring instruments with the same model or those having equivalent specifications from the day on which the administrative violation is committed):

a) Failure to obtain the certificate of inspection/calibration (stamp, mark, certificate);

b) Expiry of the certificate of the inspection/calibration;

c) Breaking of the seal, lead seal or removal of certificate of inspection/calibration on the measuring instrument;

d) Failure to carry out regular inspections;

dd) Failure to fulfill requirements for transportation, storage and use of the measuring instrument under guidelines provided by their manufacturer or importer or regulations of a competent authority.

2. The following fines shall be imposed if any of the violations specified in Clause 1 of this Article involves the use of one or multiple measuring instruments whose total value exceeds VND 1,000,000:

a) A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed if the violation involves the use of one or multiple measuring instruments whose total value exceeds VND 1,000,000 but not exceeding VND 10,000,000;

b) A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed if the violation involves the use of one or multiple measuring instruments whose total value exceeds VND 10,000,000 but not exceeding VND 30,000,000;

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d) A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves the use of one or multiple measuring instruments whose total value exceeds VND 50,000,000 but not exceeding VND 70,000,000;

dd) A fine of from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves the use of one or multiple measuring instruments whose total value exceeds VND 70,000,000.

3. The following fines shall be imposed for the use of improper or defective measuring instruments (according to the value of new measuring instruments with the same models or those having equivalent specifications from the day on which the administrative violation is committed):

a) A fine of from VND 2.000.000 to VND 5.000.000 shall be imposed if the violation involves the use of one or multiple measuring instruments whose total value is up to VND 5.000.000.

b) A fine of from VND 5,000,000 to VND 10.000.000 shall be imposed if the violation involves the use of one or multiple measuring instruments whose total value exceeds VND 5.000.000 but not exceeding VND 10,000,000;

c) A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves the use of one or multiple measuring instruments whose total value exceeds VND 10,000,000 but not exceeding VND 30,000,000;

d) A fine of from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves the use of one or multiple measuring instruments whose total value exceeds VND 30,000,000 but not exceeding VND 50,000,000;

dd) A fine of from VND 30.000.000 to VND 50.000.000 shall be imposed if the violation involves the use of one or multiple measuring instruments whose total value exceeds VND 50,000,000 but not exceeding VND 70,000,000;

e) A fine of from VND 50.000.000 to VND 70.000.000 shall be imposed if the violation involves the use of one or multiple measuring instruments whose total value exceeds VND 70,000,000.

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a) Change of structures or specifications of the measuring instrument(s);

b) Affecting, adjusting, installing, withdrawing or replacing technical functions or structures that causes falsification of measuring instrument results or using other equipment to adjust errors of measuring instruments exceeding the permitted ones;

a) Failure to carry out inspections/calibration of measuring instruments by the deadline at the request of a competent authority

5. The following fines shall be imposed if the violation prescribed in Clause 4 of this Article involves the use of one or some measuring instruments whose total value is over VND 1,000,000 (according to the value of new measuring instruments with the same model or those having equivalent specifications from the day on which the administrative violation is committed):

a) A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves the use of one or multiple measuring instruments whose total value exceeds VND 1,000,000 but not exceeding VND 10,000,000;

b) A fine of from VND 20.000.000 to VND 30.000.000 shall be imposed if the violation involves the use of one or multiple measuring instruments whose total value exceeds VND 10.000.000 but not exceeding VND 30,000,000;

c) A fine of from VND 30.000.000 to VND 50.000.000 shall be imposed if the violation involves the use of one or multiple measuring instruments whose total value exceeds VND 30,000,000 but not exceeding VND 50,000,000;

d) A fine of from VND 50.000.000 to VND 70.000.000 shall be imposed if the violation involves the use of one or multiple measuring instruments whose total value exceeds VND 50,000,000 but not exceeding VND 70,000,000;

dd) A fine of from VND 70.000.000 to VND 100.000.000 shall be imposed if the violation involves the use of one or multiple measuring instruments whose total value exceeds VND 70,000,000.

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a) Exhibits and equipment used for violation commission specified in Clause 4 this Article shall be confiscated;

b) [21] Operation of the inspecting authority shall be suspxended for 1 - 3 months in case of the violations specified in clause 4 of this Article;

7. [22] Remedial measures:

b) Enforced re-inspection of measuring instruments before being put into use for violations specified in Points a, b and c Clause 1, Clause 2 of this Article;

b) Enforced transfer of the illegal profits earned from committing the violations specified in Clause 3, Points b and c Clause 4 of this Article to state budget.

Article 11. Violations committed by inspectors and inspecting bodies

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed upon an inspector that:

a) fails to follow inspection procedures declared or those established by a competent authority;

b) carries out inspections on group-2 measuring instruments when the decision on certification of inspector has not been given or expires;

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d) conducts inspections of group-2 measuring instruments without or against the pattern approval.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed upon an measuring instrument inspection service provider that:

a) provides inspection services without the certificate of registration of inspection service business;

b) conducts inspections beyond the scope of operation registered;

c) fails to follow inspection procedures declared or those established by a competent authority; or

d) fails to satisfy requirements for provision of inspection services registered.

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed upon an designated inspecting body that:

a) conducts inspections of group-2 measuring instruments when no designation is made by a competent authority or the decision on designation expires;

b) conducts inspections of group-2 measuring instruments beyond the designated scope;

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d) uses measurement standards to carry out inspections on group-2 measuring instruments when the decision on certification thereof has not been given or expires.

4. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to carry out inspections but granting of certificates of inspection for group-1 measuring instruments.

5. A fine of from VND 70,000,000 to VND 100,000,000 shall be imposed for failure to carry out inspections but granting of certificates of inspection for group-2 measuring instruments.

6. Additional penalties:

a) [23] Operation of the inspector shall be suspended for 1 - 3 months in case of the violations specified in Points a, c and d Clause 1, Clause 5 of this Article;

b) The decision on designation of inspection shall be suspended for 1 - 3 months in case of the violations specified in Point b Clause 3 and Clause 5 this Article;

c) [24] Operation of the inspecting body shall be suspended for 1 - 3 months in case of the violations specified in Clauses 2, 3, 4 and 5 of this Article.

7. [25] Remedial measures:

a) Enforced revocation of the certificate of inspection in case of the violations specified in points c, d clause 1, points a, b clause 2, clauses 3, 4 and 5 of this Article;

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Article 12. Violations committed by calibration technicians and calibration bodies

1. A fine of from VND 4,000,000 to VND 10,000,000 shall be imposed upon a calibration technician that:

a) fails to follow calibration procedures declared or those established by a competent authority;

b) uses the certificate of calibration illegally.

2. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed upon a measuring instrument/measurement standard calibration service provider that:

a) provides calibration services without the certificate of registration of calibration service business;

b) carries out calibration beyond the scope of operation registered;

c) fails to follow calibration procedures declared or those established by a competent authority; or

d) fails to satisfy requirements for carrying out calibration registered.

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a) calibrates measurement standards to carry out inspection/calibration of group-2 measuring instruments or calibrates group-2 measuring instruments when the decision on designation has not been given or expires;

b) calibrates measurement standards to carry out inspection/calibration of group-2 measuring instruments or calibrates group-2 measuring instruments beyond the scope designated; or

c) fails to satisfy requirements for carrying out calibration designated.

4. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for granting certificates of calibration for group-1 measuring instruments without carrying calibration

5. A fine of from VND 70,000,000 to VND 100,000,000 shall be imposed for granting of certificates of calibration for measurement standards or group-2 measuring instruments without carrying out calibration.

6. Additional penalties:

a) The certificate of calibration business registration shall be suspended for 1 - 3 months in case of the violations specified in Points b and d Clause 2 this Article;

b) The decision on designation of calibration shall be suspended for 1 - 3 months in case of the violations specified in Point b Clause 3 and Clause 5 this Article;

c) Operation of the calibration body shall be suspended for 1 - 3 months in case of the violations specified in Clauses 3, 4 and 5 of this Article.

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a) Enforced revocation of the certificate of calibration in case of the violations specified in point b clause 1, points a, b and c clause 2, Points a and b Clause 3, Clauses 4 and 5 this Article;

b) Enforced transfer of the illegal profits earned from committing the violations specified in clauses 2, 3, 4 and 5 of this Article to state budget.

Article 13. Violations committed by test technicians and testing bodies

1. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed upon a test technician that:

a) fails to follow testing procedures declared or those established by a competent authority; or

b) uses the certificate of testing illegally.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed upon a measuring instrument/measurement standard testing service provider that:

a) provides testing services without the certificate of registration of providing testing services;

b) carries out tests beyond the scope of operation registered;

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d) fails to satisfy requirements for carrying out tests registered.

3. A fine of from VND 25,000,000 to VND 35,000,000 shall be imposed upon an designated testing body that:

a) conducts tests on group-2 measuring instruments when no designation is made or the decision on designation expires;

b) conducts tests on group-2 measuring instruments beyond the designated scope;

c) fails to satisfy requirements for carrying out tests designated.

4. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for granting test results for group-2 measuring instruments without carrying out tests.

5. Additional penalties:

a) The certificate of registration of testing business shall be suspended for 1 - 3 months in case of the violations specified in Points b and d Clause 2 this Article;

b) The decision on designation of testing shall be suspended for 1 - 3 months in case of the violations specified in Point b Clause 3 and Clause 4 this Article;

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6. Remedial measures:

a) Enforced revocation of test results in case of the violations specified in point b clause 1, points a, b and c of clause 2, Points a and b of Clause 3, Clause 4 this Article;

b) Enforced transfer of the illegal profits earned from committing the violations specified in clauses 2, 3 and 4 of this Article to state budget.

Article 14. Violations against regulations on measurement of group-2 measurement process

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

a) Failure to facilitate supervision and inspection of measurement process and methods, measuring instruments, quantity of goods and services carried out by the entity in charge;

b) Failure to comply with technical measurement requirements during the measurement process.

2. [26] The fines for the violation against regulations on measurement process during sale and purchase of goods or provision of services that the quantity of such goods or services having errors exceeding the prescribed errors according to technical measurement requirements for measurement process declared by the measuring entity or regulated by a competent authority for illegal profit:

a) A fine of from VND 5,000,000 to VND 10.000.000 if the illegal profit is not exceeding VND 10,000,000;

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c) A fine of from VND 20.000.000 to VND 40,000,000 if the illegal profit is exceeding VND 50,000,000 but not exceeding VND 100,000,000;

d) A fine of from VND 40,000,000 to VND 60,000,000 if the illegal profit is exceeding VND 100.000.000 but not exceeding VND 200,000,000;

dd) A fine equal to 1 - 2 times the illegal profit if it is exceeding VND 200.000.000 but not exceeding VND 300.000.000;

e) A fine equal to 2 - 3 times the illegal profit if it is exceeding VND 300.000.000 but not exceeding VND 400.000.000;

g) A fine equal to 3 - 4 times the illegal profit if it is exceeding VND 400.000.000 but not exceeding VND 500.000.000;

h) A fine equal to 4 - 5 times the illegal profit if it is exceeding VND 500.000.000;

2a. [27] Additional penalties:

Confiscation of the illegal profits obtained by committing violations specified in Clause 2 of this Article.

3. Remedial measures:

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Article 15. Violations against regulations on quantity of pre-packaged goods in production or import thereof

1. A fine of from VND 4,000,000 to VND 8,000,000 shall be imposed for the production or import of pre-packaged goods if :

a) The manufacturer fails to specify the quantity of pre-packaged goods on goods labels; fails to specify measurement units in accordance with those regulated by law;

b) The quantity of pre-packaged goods specified on goods labels is not consistent with enclosed documents, technical measurement requirements declared by the manufacturer or importer, or technical measurement requirements regulated by a competent authority;

c) The product manufacturer or importer fails to have the certificate of eligibility for use of quantity marks on group 2 pre-packaged goods labels or package or such certificate expires;

d) Quantity marks on goods labels or packages of goods are not displayed properly.

dd) [28] The non-suitable number of units of prepackaged goods exceeds the regulations;

2. [29] The fines for the violation against regulations on production or import of pre-packaged goods whose quantity has average value lower than that prescribed in technical measurement requirements declared by the manufacturer or importer or regulated by a competent authority for illegal profit:

a) A fine of from VND 5.000.000 to VND 10.000.000 if the illegal profit is not exceeding VND 10.000.000;

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c) A fine of from VND 20.000.000 to VND 40,000,000 if the illegal profit is exceeding VND 50,000,000 but not exceeding VND 100.000.000;

d) A fine of from VND 40.000.000 to VND 60,000,000 if the illegal profit is exceeding VND 100.000.000 but not exceeding VND 200.000.000;

dd) A fine equal to 1 - 2 times the illegal profit if it is exceeding VND 200.000.000 but not exceeding VND 300.000.000;

e) A fine equal to 2 - 3 times the illegal profit if it is exceeding VND 300.000.000 but not exceeding VND 400.000.000;

g) A fine equal to 3 - 4 times the illegal profit if it is exceeding VND 400.000.000 but not exceeding VND 500.000.000;

h) A fine equal to 4 - 5 times the illegal profit if it is exceeding VND 500.000.000;

2a. [30] Additional penalties:

Confiscation of the illegal profits obtained by committing violations specified in Clause 2 of this Article.

3. [31] Remedial measures:

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b) Enforced repackage of pre-packed goods manufactured as prescribed for violations specified in Point b Clause 1, Clause 2 of this Article;

c) Enforced re-export of pre-packed imported goods as prescribed for violations specified in Points a, b Clause 1, Clause 2 of this Article.

Article 16. Violations against regulations on measurement of quantity of pre-packaged goods for sale

1. A fine of from VND 2.000.000 to VND 4.000.000 shall be imposed for any of the following violations:

a) Sale of pre-packaged goods not displaying the quantity on goods labels or displaying measurement units against those regulated by law;

b) Sale of pre-packaged goods displaying the quantity on goods labels against enclosed documents, technical measurement requirements declared by the seller or technical measurement requirements regulated by a competent authority;

c) Sale of group 2 pre-packaged goods without display of quantity marks on labels or packages of goods.

d) [32] Sale of pre-packed goods with the number of illegal units exceeding the regulations.

2. [33] The fine for the violation against regulations on sale of pre-packaged goods whose quantity has average value lower than that prescribed in technical measurement requirements declared by the seller or regulated by a competent authority for illegal profit:

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b) A fine of from VND 5.000.000 to VND 10,000,000 if the illegal profit is exceeding VND 10,000,000 but not exceeding VND 50,000,000;

c) A fine of from VND 10.000.000 to VND 20,000,000 if the illegal profit is exceeding VND 50,000,000 but not exceeding VND 100.000.000;

d) A fine of from VND 20.000.000 to VND 40,000,000 if the illegal profit is exceeding VND 100.000.000 but not exceeding VND 200.000.000;

dd) A fine equal to 1 - 2 times the illegal profit if it is exceeding VND 200.000.000 but not exceeding VND 300.000.000;

e) A fine equal to 2 - 3 times the illegal profit if it is exceeding VND 300.000.000 but not exceeding VND 400.000.000;

g) A fine equal to 3 - 4 times the illegal profit if it is exceeding VND 400.000.000 but not exceeding VND 500.000.000;

h) A fine equal to 4 - 5 times the illegal profit if it is exceeding VND 500.000.000;

2a. [34] Additional penalties:

Confiscation of illegal profits obtained by committing violations specified in Clause 2 of this Article.

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Enforced recall of pre-packed goods in circulation as prescribed for violations specified in Clause 1, Clause 2 of this Article.

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

Article 17. Violations against regulations on declaration of applied standards except for violations in the field of food safety [36]

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for failure to make a declaration about applied standards in production or import of goods.

2. The fines for the act of production or import of products, goods having quality not satisfying the corresponding technical regulations:

a) A fine of from VND 500.000 to VND 1.000.000 if the illegal goods are worth VND 10.000.000 or less;

b) A fine of from VND 1,000,000 to VND 2,000,000 if the illegal goods are worth from more than VND 10,000,000 to VND 20,000,000;

c) A fine of from VND 2,000,000 to VND 4.000.000 if the illegal goods are worth from more than VND 20,000,000 to VND 40,000,000;

d) A fine of from VND 4.000.000 to VND 8.000.000 if the illegal goods are worth from more than VND 40,000,000 to VND 80,000,000;

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e) A fine of from VND 15,000,000 to VND 30,000,000 if the illegal goods are worth from more than VND 150.000.000 to VND 300,000,000;

g) A fine of from VND 30,000,000 to VND 100.000.000 if the illegal goods are worth over VND 300,000,000.

3. A fine of from VND 20.000.000 to VND 40.000.000 if contents of declared standards are not conformable with corresponding technical regulations or regulations of a competent authority.

4. A fine equal to 1 – 2 times the total value of illegal goods consumed shall be imposed if the quantity of the produced/imported goods is lower than the declared standards.

5. A fine equal to 2 – 3 times the total value of illegal goods consumed shall be imposed if applied standards of produced/imported goods are not conformable with corresponding technical regulations or regulations of the competent authority.

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

a) Failure to fufill requirements for declared management system standards;

b) Failure to develop, apply and maintain the quality management system;

c) Failure to apply management system standards but declare the application.

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a) As for the violations specified in clauses 1, 2, 3, and 4 of this Article, the remedial measures in the following order of priority shall be applied: compulsory removal from the Socialist Republic of Vietnam or enforced re-export of imports; enforced recall and recycling or change of intended use of imports; enforced recall and destruction of products and goods that cause harm to human’s health, livestock, plants, fishery and environment;

b) Enforced revision of applied standards and re-declaration of applied standards in case of the violation specified in Clause 5 this Article;

c) Enforced correction of false or misunderstanding information through the mass media or enforced compliance with the applied standards that have been declared in case of the violation specified in Clause 5 this Article.

Article 18. Violations against regulations on standard conformity

1. The fines for the act of production or import of products or goods having quality lower than the standards the conformity to which has been declared:

a) A fine of from VND 1.000.000 to VND 2.000.000 if the illegal goods are worth VND 10.000.000 or less;

b) A fine of from VND 2,000,000 to VND 4,000,000 if the illegal goods are worth from more than VND 10,000,000 to VND 20,000,000;

c) A fine of from VND 4,000,000 to VND 10.000.000 if the illegal goods are worth from more than VND 20,000,000 to VND 40,000,000;

d) A fine of from VND 10.000.000 to VND 25.000.000 if the illegal goods are worth from more than VND 40,000,000 to VND 80,000,000;

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e) A fine of from VND 50,000,000 to VND 100.000.000 if the illegal goods are worth from more than VND 150.000.000 to VND 300,000,000;

g) A fine of from VND 100.000.000 to VND 150,000,000 if the illegal goods are worth from more than VND 200,000,000 to VND 300,000,000;

h) A fine of from VND 150,000,000 to VND 200,000,000 if the illegal goods are worth from over VND 300,000,000.

2. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for the following violations against regulations on issuance of declaration of conformity (DoC) committed during the production or import of goods: [37]

a) Making a conformity declaration without registration with a competent authority;

b) Failure to follow procedures for conformity declaration;

c) Failure to retain DoC documentation;

d) Using the conformity marks illegally;

dd) Failure to re-declare standard conformity when there is any change to contents of the DoC documentation or change to utility and characteristics of products, goods or services for which DoC has been issued;

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3. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed for:

a) Failure to maintain constant conformity of products/goods/services for which DoC has been issued; failure to maintain regularly control, testing and supervision at the manufacturer’s factory or trader’s store;

b) Failure to suspend the release and recall of unqualified products/goods being sold on the market that are likely to cause unsafety to consumers; failure to cease operation of relevant processes, services and environment when required;

c) Failure to take remedial measures when products/goods/services are found to be not consistent with the DoC;

d) Failure to notify a competent authority in writing of remedial measure results before resumption of goods sale or service provision.

4. A fine equal to 1 – 2 times the total value of illegal goods consumed shall be imposed if the quality of the produced/imported goods is not consistent with the DoC documentation.

5. [39] Remedial measures:

In case of commission of any of the violations in Clause 1, Point dd Clause 2, Point c Clause 3 and Clause 4 of this Article, the remedial measures shall apply in the following order of priority:

a) Compulsory removal from the Socialist Republic of Vietnam or enforced re-export of imports

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c) Enforced recall of products/goods that cause harm to human’s health, livestock, plants, fishery and environment.

Article 19. Violations against regulations on regulation conformity

1. The following fines shall be imposed for the production or import of products/goods against the corresponding technical regulations:

a) A fine of from VND 1.000.000 to VND 2,000,000 if the illegal goods are worth VND 5.000.000 or less;

b) A fine of from VND 2,000,000 to VND 5,000,000 if the illegal goods are worth from more than VND 5.000.000 to VND 10,000,000;

c) A fine of from VND 5,000,000 to VND 10.000.000 if the illegal goods are worth from more than VND 10,000,000 to VND 20,000,000;

d) A fine of from VND 10.000.000 to VND 20.000.000 if the illegal goods are worth from more than VND 20,000,000 to VND 40,000,000;

dd) A fine of from VND 20.000.000 to VND 40.000.000 if the illegal goods are worth from more than VND 40,000,000 to VND 80,000,000;

e) A fine of from VND 40.000.000 to VND 80,000,000 if the illegal goods are worth from more than VND 80,000,000 to VND 140,000,000;

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h) A fine of from VND 140.000.000 to VND 220.000.000 if the illegal goods are worth from more than VND 220.000.000 to VND 320.000.000;

i) A fine of from VND 220,000,000 to VND 300,000,000 if the illegal goods are worth over VND 320,000,000.

1a. [40] A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for:

a) Failure to submit the result of conformity self-assessment to the inspecting agency by the deadline for group 2 imports in case the conformity declaration thereof is based on result of conformity self-assessment of the manufacturer or importer as prescribed in the national technical regulations;

b) Failure to submit a certified true copy of certificate of quality or certificate of assessment to the inspecting agency by the deadline for group 2 imports in case the conformity declaration thereof is based on the result of certification and assessment of the certification body or assessment body that has been registered or acknowledged by regulations of law as prescribed in the national technical regulations.

2. A fine of from VND 15,000,000 to VND 30,000,000 shall be imposed for the following violations against regulations on the production or import of products/goods for which DoC is required under corresponding technical regulations:

a) Failure to prepare and retain DoC documentation;

b) Failure to carry out regular quality control, testing and supervision.

3. A fine of from VND 30.000.000 to VND 40.000.000 shall be imposed for the following violations committed during the production of products/goods for which DoC is required under corresponding technical regulations: [41]

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b) Failure to register the DoC documentation with a competent authority;

c) Failure to use or properly use conformity marks for the goods for which DoC has been issued under regulations when placing them on the market;

d) Failure to take preventive measures promptly if the quantity of the goods that are being sold or have been brought in use does not conform to the issued DoC or the corresponding technical regulations;

dd) Failure to re-declare when there is any change to contents of the registered DoC documentation or change to utility and characteristics of goods or services for which DoC has been issued;

e) [42] Using banned additives, chemicals or antibiotics in production of goods, except for production or preparation for food;

g) [43] (annulled)

h) [44] (annulled)

3a. [45] A fine of from VND 50,000,000 to VND 100.000.000 shall be imposed for the following violations committed during the production or import of goods for which DoC is required under corresponding technical regulations:

a) Failure to assess the compliance of technical regulations with imported goods subject to one of the following measures: certification or assessment carried out by a certification body or assessment body that has been registered or acknowledged by regulations of law; self-assessment of compliance carried out by the importer.

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4. A fine equal to 2 – 3 times the total value of illegal goods consumed shall be imposed if the produced/imported goods do not conform to the corresponding technical regulations or regulations issued by the competent authority.

5. [46] (annulled)

6. [47] Remedial measures:

The following remedial measures for the violations specified in clauses 1, 2, 3, 3a and 4 of this Article shall apply according to the following order of priority:

a) Compulsory removal from the Socialist Republic of Vietnam or enforced re-export of imports;

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

c) Enforced recall and destruction of goods that cause harm to human’s health, livestock, plants, fishery and environment.

Article 20. Violations against regulations on quality of goods being sold on the market, except for violations in the field of food safety [48]

1. The following provisions shall be applied to impose penalties for violations against regulations on quality of goods of the seller when they are sold on the market:

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b) Clause 1 Article 18 herein in case of the violation against regulations on goods not conforming to the standards for which DoC has been issued;

c) Clause 1 Article 19 herein in case of the violation against regulations on goods not conforming to the corresponding technical regulations.

2. The Government’s regulations on penalties for administrative violations against regulations on trade shall be applied to impose penalties for production or trade in counterfeit goods.

3. [49] (annulled)

4. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for selling goods without conformity marks or lawful conformity marks while conformity marks are mandatory for such goods.

5. A fine equal to 1 – 2 times the total value of illegal goods consumed shall be imposed for the sale of goods whose quality is not conformable with declared standards or applied standards to which conformity has been declared.

6. [50] A fine equal to 02 – 03 times the total value of illegal goods consumed shall be imposed for:

a) The replacement, addition or removal of ingredients or additives, or mixture of impurities that makes the goods quality inconformable with the declared standards;

b) The sale of goods whose quality is not conformable to the corresponding technical regulations or regulations issued by a competent authority;

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7. [51] A fine equal to 3– 5 times the value of illegal goods consumed shall be imposed for the replacement, addition or removal of ingredients or additives, or addition of impurities or substances harmful to human, animals, fishery, property, plants and the environment that makes the goods quality inconformable with the corresponding technical regulations or regulations of a competent authority.

8. Additional penalties:

The certificate of eligibility for business shall be suspended for 1 - 3 months in case of the violation specified in Clauses 7 this Article.

9. [52] Remedial measures:

The following remedial measures for the violations specified in clauses 5, 6 and 7 of this Article shall apply according to their order of priority:

a) Mandatory recall and change of intended use;

b) Enforced recall and destruction of goods that cause harm to human’s health, livestock, plants, fishery and environment.

Article 21. Violations against regulations on assessment of conformity

1. A fine ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for:

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b) [54] (annulled)

c) Failure to make regular or ad hoc reports at the request of a competent authority on results of the conformity assessment that has been registered;

d) Failure to notify through mass media of issuance, reissue, expansion or reduction of the scope of suspension or revocation of the certificate of conformity and rights to use conformity marks.

2. A fine of from VND 50.000.000 to VND 100.000.000 shall be imposed for: [55]

a) [56] Assessment of conformity serving state management when the decision on designation has expired;

b) Assessment of conformity serving state management beyond the designated scope;

c) Failure to ensure the maintenance of organizational structures and capacity registered in accordance with corresponding standards or regulations of the competent authority;

d) Failure to comply with procedures for assessment of conformity that have been approved or registered;

dd) Failure to carry out regular supervision assessment of a requesting entity;

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g) Designation of unqualified experts responsible for assessment of conformity.

3. A fine of from VND 100.000.000 to VND 150.000.000 shall be imposed for: [57]

a) Provision of false conformity assessment results;

b) Assessment that is not independent and objective;

c) [58] Assessment of conformity when the certificate of registration of conformity assessment operation has expired;

d) [59] Assessment of conformity beyond the registered scope;

4. A fine of from VND 150.000.000 to VND 300.000.000 shall be imposed for: [60]

a) Failure to carry out assessment of conformity but provision of conformity assessment results;

b) Provision of consulting services for the requesting entity;

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d) [61] Assessment of conformity when the certificate of registration of conformity assessment operation has not been granted by a competent authority;

dd) [62] Assessment of conformity serving state management beyond the designated scope;

5. [63] Additional penalties:

a) The certificate of registration of conformity assessment operation shall be suspended for 3 – 6 months in case of the violations specified in Point b Clause 1, Points c, dd, e and g Clause 2 of this Article;

b) The certificate of registration of conformity assessment operation shall be suspended for 6-9 months in case of the violations specified in Clause 3 and Points a, b and c Clause 4 of this Article;

c) The decision on designation of conformity assessment body shall be suspended for 6-12 months in case of the violations specified in Point b Clause 2, Points a and b Clause 3 and Points a, b and c Clause 4 this Article;

d) The certificate of registration of conformity assessment operation shall be suspended for 1-3 months in case of the violations specified in Point a Clause 1 of this Article.

6. [64] Remedial measures:

a) Enforced revocation of conformity assessment results in case of the violations specified in Point a Clause 1, Points a, b, c, d, e and g Clause 2, Clauses 3 and 4 this Article;

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Article 22. Violations against regulations on provision of training and consulting services in management of quality measurement standards

1. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed for:

a) Provision of training or consulting service without certificate of registration thereof granted or reception of notification of training qualifications;

b) Provision of training or consulting service beyond the registered or declared scope.

2. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed for:

a) Failure to maintain the registered organizational structure in accordance with corresponding standards or to declare training qualifications;

b) Failure to comply with training or consulting process that has been approved or registered;

c) Failure to report results of the provision of training or consulting service.

3. A fine of from VND 70,000,000 to VND 100,000,000 shall be imposed for provision of training or consulting service in part or whole without registration of provision thereof or with limitation of training qualifications.

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The certificate of registration as provider of training/consulting service shall be suspended for 3 – 6 months in case of the violations specified in Point b Clause 1, Points a and b Clause 2 and Clauses 3 this Article.

5. Remedial measures:

a) Enforced revocation of the certificate of completion of training that has been granted in case of the violations specified in Clause 1 and Point b Clause 2 this Article;

b) Enforced transfer of the illegal profit earned from commission of the violations specified in Clause 1, Points a and b Clause 2 and Clause 3 this Article to state budget.

Article 23. Violations against regulations on accreditation

1. [65] A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for failure to make regular or ad hoc reports at the request of a competent authority on results of the accreditation that has been registered.

2. A fine of from VND 50.000.000 to VND 100.000.000 shall be imposed for: [66]

a) Failure to maintain the organizational structure, management system and capacity of the accreditation body;

b) Failure to declare process and procedures for assessment, accreditation and other relevant requirements therefor;

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d) Failure to make regular or ad hoc reports at the request of a competent authority on results of the accreditation that has been registered;

dd) [67] Accreditation when the certificate of registration as accreditation body has expired.

e) [68]Accreditation beyond the registered scope.

3. A fine of from VND 100.000.000 to VND 150.000.000 shall be imposed for: [69]

a) Failure to carry out regular supervision of the accredited organization;

b) Accreditation that is not independent and objective;

c) Provision of consulting service for the requester;

d) Failure to take remedial measures after receiving a notification from a competent authority of accreditation of the conformity assessment body’s violations against regulations of law.

4. A fine of from VND 150.000.000 to VND 300.000.000 shall be imposed for: [70]

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b) Grant or extension of the certificate of accreditation for the conformity assessment body that violates requirements for eligibility for conformity assessment operation stated in relevant legislative documents.

c) [71] Performance of accreditation operation without a certificate of registration as accreditation body granted by a competent authority;

5. [72] Additional penalties:

a) The certificate of registration as accreditation body shall be suspended for 3 – 6 months in case of the violations specified in Points a, b and c Clause 2 of this Article;

b) The certificate of registration as accreditation body shall be suspended for 6 – 9 months in case of the violations specified in Points dd and e Clause 2, Clause 3 of this Article;

c) The certificate of registration as accreditation body shall be suspended for 9 – 12 months in case of the violations specified in Points a and b Clause 4 of this Article;

d) The accreditation operation shall be suspended for 1 - 3 months in case of the violations specified in clause 1 of this Article.

6. [73] Remedial measures:

a) Enforced revocation of certificates of accreditation that have been granted in case of the violations specified in Points a, b, dd, e Clause 2, Points b, c Clauses 3 and 4 this Article;

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Article 24. Violations against regulations on providing false information about documents related to technical standards and regulations, measurement and quality of goods

1. A fine of from VND 10,000,000 to VND 30,000,000 shall be imposed for provision of false information about technical standards and regulations, measurement and quality of goods for consumers or through mass media.

2. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed for:

a) Falsification of conformity mark, quantity mark of pre-packaged goods or the certificate of conformity with standards/regulations, or DoC, which are displayed or attached on goods or enclosures;

b) Falsification of the certificate of certification/testing/assessment/inspection/accreditation, test/inspection/supervision/assessment results of goods;

c) Falsification of the measuring instrument/measurement standard inspection/calibration/test results and certificate;

d) [74] Use of false documents to register as provider of measuring instrument/measurement standard inspection/calibration/testing service or apply for provision thereof; register as provider of certification/testing/assessment/inspection/accreditation/training/consulting/prize consideration service or apply for being designated as certification/testing/assessment/inspection body; apply for the certificate of measurement standards or certificate of measurement inspector; apply for the certificate of registration as oil and gas blending facility, or registration of state inspection of the quality of imports, certificate of eligibility for use of quantity mark on pre-packaged goods labels, license for transportation of dangerous goods or certificate of barcode use rights;

dd) [75] Falsification of contents of the certificate of registration as measuring instrument/measurement standard inspection/calibration/testing service provider; decision on designation of measuring instrument/measurement standard inspection/calibration/testing body; certificate of registration as provider of certification/ testing/ assessment/ inspection/ accreditation/ training/ consulting/prize consideration service; decision on designation of certification/testing/assessment/inspection body; decision on certification of measurement standards, decision on certification of, issue of card of measurement inspector; certificate of registration as oil and gas blending facility; registration of state inspection of the quality of imports, certificate of eligibility for use of quantity mark on pre-packaged goods labels; license for transportation of dangerous goods or certificate of barcode use rights.

3. Additional penalties:

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b) [76] (annulled)

4. Remedial measures:

a) Enforced correction of false information about the quality of goods through the mass media in case of the violation specified in Clause 1 this Article;

b) Enforced recall and removal of illegal elements specified on or attached to goods, measuring instruments, measurement standards or enclosures. Enforced destruction of goods, measuring instruments or measurement standards violating the regulations stated in Points a and c Clause 2 this Article if the aforesaid elements fail to be removed.

c) [77] Enforced return of the certificate of standard conformity; certificate of regulation conformity; conformity mark; quantity mark on pre-packaged goods; certificate of certification/testing/assessment/inspection/accreditation, quality test/inspection/assessment results; stamp, mark or certificate of inspection/calibration; certificate of registration as measuring instrument/measurement standard inspection/calibration/testing service provider; decision on designation of measuring instrument/measurement standard inspection/calibration/testing body; certificate of registration as certification/testing/assessment/inspection/accreditation/training/consulting/prize consideration service provider; decision on designation of certification/testing/assessment/inspection body; decision on certification of measurement standards, decision on certification of, issue of card of measurement inspector; certificate of registration as oil and gas blending facility; certificate of eligibility for use of quantity mark on pre-packaged goods; license for transportation of dangerous goods or certificate of barcode use rights in case of the violations specified in Clause 2 this Article.

Article 25. Violations against regulations on giving goods quality awards

1. [78] A fine of from VND 30.000.000 to VND 40.000.000 shall be imposed for giving unregistered goods quality awards.

2. A fine of from VND 40,000,000 to VND 70,000,000 shall be imposed for:

a) Consideration and presentation of goods quality awards not compliant with registered regulations on award consideration;

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c) Failure to provide an application for giving goods quality awards when required by a competent authority;

d) Failure to report results of giving goods quality awards when required by a competent authority.

3. [79] A fine ranging from VND 70.000.000 to VND 100.000.000 shall be imposed for:

a) Giving goods quality awards without certificate of registration thereof granted by a competent authority;

b) Failure to make reports on implementation of remedial measures for violations at the request of a competent authority.

4. [80] Additional penalties:

The certificate of registration of giving awards shall be suspended for 3 – 6 months in case of the violations specified in Clause 1 and Points a, b and c Clause 2 of this Article.

5. [81] Remedial measures:

a) Enforced revocation or removal of the decision on giving awards; mandatory correction of false information on website in case of the violations specified in Clause 1, Points a, b and c Clause 2 and Clause 3 this Article;

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Article 26. Violations against regulations on national quality awards

1. A warning shall be imposed for:

a) Failure to comply with criteria for award consideration of awarded enterprise within the prescribed time limit;

b) Misuse of the national quality award that has been given to in a manner that damages its reputation.

2. Remedial measures:

Enforced correction of false information through transaction documents, commercials or in other manners in case of the violation specified in Clause 1 this Article.

Article 27. Violations against regulations on transportation of dangerous goods that are oxidizing agents, organic oxide compounds and corrosives [82]

1. A fine of from VND 30,000,000 to VND 70,000,000 shall be imposed for:

a) Transportation of dangerous goods without a license granted by a competent authority;

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c) Transportation of dangerous goods not included in the license granted;

d) Use of materials used to make packages and containers of dangerous goods on vehicles not conforming to the regulations or the declared standards and technical regulations of packages and containers corresponding to each type of substances, each group of dangerous goods under the licensing competence;

dd) Transportation of class 5, 7 or 8 - dangerous goods without certificate of completion of training course on transportation of dangerous goods according to regulations or use of the expired certificate thereof by a vehicle driver, storekeeper, escort or person loading and unloading goods;

e) Transportation of dangerous goods that require to have escorts without any escorts;

g) Failure to have a declaration of transportation of dangerous goods made by the hirer and given to the carrier before the goods are loaded on the vehicles; failure to buy insurance for dangerous goods when transporting them on railways according to regulations;

h) The carrier’s failure to display the hazard symbol of the type or group of dangerous goods that are being transported according to regulations; fully comply with the notification of the hirer and the regulations in the license for transportation of dangerous goods; buy insurance in accordance with regulations of the law in case of transportation on railways;

i) The vehicle driver’s failure to bring documents on transportation of dangerous goods provided by the hirer according to regulations; comply with regulations in the license for transportation of dangerous goods; make and submit records or reports to the People's Committee of the nearest commune and relevant agencies in order to promptly handle in case of detection of incidents that threaten the safety of people, vehicles, environment and other goods or traffic accidents throughout transportation; report to the superior authority and the hirer for prompt handling in case of excess of capacity for handling;

k) Failure to take remedial measures for violations at the request of a competent authority.

2. Additional penalties:

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Article 28. [83] (annulled)

Article 29. Violations against regulations on oil and gas blending [84]

1. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed for:

a) Oil and gas blending without registration;

b) Oil and gas blending without a certificate granted by a competent authority;

c) Use of the expired certificate of registration as oil and gas blending facility;

d) Use of uncommon additives and preparations for oil and gas blending without consent of a competent authority;

dd) Blending oil and gas at a location other than that stated in the certificate of registration as oil and gas blending facility.

2. Additional penalties:

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b) Confiscation of exhibits used for commission of the violations mentioned in points b and dd Clause 1 of this Article;

Article 29a. Article 85. Violations against regulations on production and blending of oil and gas [85]

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for:

a) Gas blending without submission of the Self-DoC with conditions for gas blending according to regulations;

b) Failure to notify the competent authority of the standards of the additives used for gas blending according to regulations.

2. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed for:

a) Failure to have a gas quality measurement laboratory or have a minimum one-year lease contract with a trader or organization with the registered laboratory in accordance with regulations of the Law, with a trader or organization qualified to test the criteria on the quality of gas according to the declared standards and national technical regulations;

b) Blending gas at a location other than that specified in the Self-DoC with conditions for gas blending that has been sent to the competent regulatory authority.

3. Additional penalties:

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Section 3. VIOLATIONS AGAINST REGULATIONS ON GOODS LABELS AND BARCODES

Article 30. Violations against regulations on goods labelling in goods business

1. A fine of from VND 500.000 to VND 1.000.000 shall be imposed for the following violations if the illegal goods are worth VND 5.000.000 or less, except for goods imported into Vietnam having the original labels with the contents that are illegible but unable to be recovered/repaired by the importers; goods imported into Vietnam having the original labels without secondary labels in case of carrying out the customs clearance procedure: [86]

a) The goods have labels that are obscured, torn, translucent, illegible, or unable to read all compulsory contents;

b) The goods have labels specifying false letter and number sizes, language, quantity and measurement units prescribed in regulations of law on goods labelling.

2. The following fines shall be imposed for the violations specified in Clause 1 this Article if the illegal goods are worth over VND 5,000,000:

a) A fine of from VND 1,000,000 to VND 3,000,000 if the illegal goods are worth from more than VND 5,000,000 to VND 10,000,000;

b) A fine of from VND 3,000,000 to VND 5,000,000 if the illegal goods are worth from more than VND 10,000,000 to VND 20,000,000;

c) A fine of from VND 5,000,000 to VND 7.000.000 if the illegal goods are worth from more than VND 20,000,000 to VND 30,000,000;

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dd) A fine of from VND 10.000.000 to VND 15,000,000 if the illegal goods are worth from more than VND 50,000,000 to VND 70.000.000;

e) A fine of from VND 15,000,000 to VND 20,000,000 if the illegal goods are worth from more than VND 70.000.000 to VND 100,000,000;

g) A fine of from VND 20,000,000 to VND 30.000.000 if the illegal goods are worth over VND 100,000,000.

3. [87] Remedial measures:

a) Enforced recall of goods and labelling in accordance with regulations before being placed; enforced destruction of illegal labels; enforced destruction or repurposing of goods having illegal labels if it is impossible to remove the illegal labels from the goods in case of violations specified in Clauses 1 and 2 of this Article;

b) Enforce return of an amount equal to the value of exhibits or means used to commit the administrative violations specified in this Article which have been sold, dispersed or destroyed in contrary to regulations of law.

Article 31. Violations against regulations on compulsory contents displayed on goods labels

1. [88] A fine of from VND 500.000 to VND 1.000.000 shall be imposed for the following violations if the illegal goods are worth VND 5.000.000 or less, except for goods imported into Vietnam having the original labels with the contents that are illegible but unable to be recovered/repaired by the importers; goods imported into Vietnam having the original labels without secondary labels in case of carrying out the customs clearance procedure:

a) Production, import, transportation, storage of or trade in goods that have labels (including secondary labels) or enclosures that do not contain adequate or correct mandatory information in accordance with regulations of law on goods labelling;

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2. [89] The following fines shall be imposed for the violations specified in Clause 1 this Article if the illegal goods are worth over VND 5,000,000:

a) A fine of from VND 1.000.000 to VND 3.000.000 shall be imposed if the illegal goods are worth from VND 5.000.000 to less than VND 10.000.000;

b) A fine ranging from VND 3,000,000 to VND 7.000.000 shall be imposed if the illegal goods are worth from VND 10.000.000 to less than VND 20.000.000;

c) A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed if the illegal goods are worth from VND 20.000.000 to less than VND 30.000.000;

d) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed is the illegal goods are worth from VND 30.000.000 to less than VND 50.000.000;

dd) A fine ranging from VND 15.000.000 to VND 20,000,000 shall be imposed if the illegal goods are worth from VND 50.000.000 to less than VND 70.000.000;

e) A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed if the illegal goods are worth from VND 70.000.000 to less than VND 100.000.000;

g) A fine ranging from VND 25.000.000 to VND 30.000.000 shall be imposed if the illegal goods are worth at least VND 100.000.000;

h) A fine of twice as much as the fine prescribed in Points a, b, c, d, dd, e and g in this Clause shall be imposed for the following illegal goods: food, food additives, food processing aids, food preservatives and functional foods.

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a) A fine of from VND 200.000 to VND 400.000 if the illegal goods are worth VND 1.000.000 or less;

b) A fine of from VND 400.000 to VND 600.000 if the illegal goods are worth from more than VND 1.000.000 to VND 2.000.000;

c) A fine of from VND 600.000 to VND 1.000.000 if the illegal goods are worth from more than VND 2.000.000 to VND 3.000.000;

d) A fine of from VND 1.000.000 to VND 2.000.000 if the illegal goods are worth from more than VND 3.000.000 to VND 5.000.000;

dd) A fine of from VND 2.000.000 to VND 3.000.000 if the illegal goods are worth from more than VND 5.000.000 to VND 10.000.000;

e) A fine of from VND 3.000.000 to VND 5.000.000 if the illegal goods are worth from more than VND 10.000.000 to VND 20.000.000;

g) A fine of from VND 5.000.000 to VND 7.000.000 if the illegal goods are worth from more than VND 20.000.000 to VND 30.000.000;

h) A fine of from VND 7.000.000 to VND 10.000.000 if the illegal goods are worth from more than VND 30.000.000 to VND 40.000.000;

i) A fine of from VND 10,000,000 to VND 15,000,000 if the illegal goods are worth from more than VND 40,000,000 to VND 50,000,000;

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l) A fine of from VND 20,000,000 to VND 30,000,000 if the illegal goods are worth from more than VND 70,000,000 to VND 100,000,000;

m) A fine of from VND 30,000,000 to VND 40,000,000 if the illegal goods are worth over VND 100,000,000;

n) [91] The fines of twice as much as the fines prescribed in Points a, b, c, d, dd, e and g in this Clause shall be imposed if the illegal goods are food, food additives, food processing aids, food preservatives, preventive and curative medicines for humans, functional foods and cosmetics; detergents, insecticides, disinfectant used in household and medical, veterinary drugs, fertilizers, cement, feedstuff, aquatic feed, treatment products for aquaculture environment, pesticides, growth promoters, crop varieties and breeds of livestock, aquatic breeds and conditional goods.

4. [92] The following fines shall be imposed for trade in goods without mandatory labels; without original labels or with original labels that do not contain adequate and correct mandatory information or with falsified original labels:

a) A fine ranging from VND 1.000.000 to VND 3,000,000 shall be imposed if the illegal goods are worth less than VND 5.000.000;

b) A fine ranging from VND 3,000,000 to VND 5.000.000 shall be imposed if the illegal goods are worth from VND 5.000.000 to less than VND 10.000.000;

c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the illegal goods are worth from VND 10.000.000 to less than VND 20.000.000;

d) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the illegal goods are worth from VND 20.000.000 to less than VND 30.000.000;

dd) A fine ranging from VND 15.000.000 to VND 25,000,000 shall be imposed if the illegal goods are worth from VND 30.000.000 to less than VND 50.000.000;

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g) A fine ranging from VND 35.000.000 to VND 50,000,000 shall be imposed if the illegal goods are worth from VND 70,000,000 to less than VND 100,000,000;

h) A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed if the illegal goods are worth at least VND 100,000,000;

i) The fines of twice as much as the fines prescribed in Points a, b, c, d, dd, e, g and h in this Clause shall be imposed for the following illegal goods: food, food additives, food processing aids, food preservatives and functional foods.

5. [93] (annulled)

6. [94] (annulled)

7. [95] Additional penalties:

a) Exhibits used for commission of violations which are goods with their labels displaying images or contents related to the sovereignty disputes and other sensitive contents that may affect security, politics, economy, society, diplomatic relations and Vietnamese custom shall be confiscated in case of the violations specified in Clause 3 of this Article;

b) The license or practicing certificate shall be suspended for 1 - 3 months in case of the violations specified in this Clauses 3, 4 of this Article.

8. [96] Remedial measures:

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b) Enforced recall of goods and enforced destruction of images, drawings, writings, signs, symbols, medals, prizes and other information that are not true to nature or fact of such goods; enforced recall and destruction of goods having fraudulent use duration on goods labels; or expired goods in case of the violations specified in Clause 3 of this Article;

c) Enforce return of an amount equal to the value of exhibits or means used for commission of the violations specified in this Article which have been sold, dispersed or destroyed in contrary to regulations of law.

Article 32. Violations against regulations on use of barcodes

1. A fine of from VND 2.000.000 to VND 5.000.000 shall be imposed for:

a) Failure to re-register with a competent authority when there is a change in the transaction name or address on the business license or failure to notify in writing when the certificate of barcode use rights is lost or damaged;

b) [97] Use of barcodes in case of the expired certificate of barcode use rights;

c) Failure to present legal documents proving rights to use barcodes at the request of a competent authority;

d) Failure to declare and update the list of used Global Trade Item Numbers (GTINs) and Global Location Numbers (GLNs) to the competent authority;

dd) [98] (annulled)

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g) [100] (annulled)

1a. [101] Failure to pay for the maintenance cost of using barcodes in accordance with regulations.

a) A fine equal to 1 to 3 times the amount of the maintenance cost of using barcodes. The maximum fine is VND 50.000.000;

b) Remedial measures

Enforced payment for the maintenance cost of using barcodes in accordance with regulations.

2. A fine of from VND 6.000.000 to VND 10,000,000 shall be imposed for:

a) Use of the 893 prefix (GS1 country code of Vietnam) without grant of rights to use barcodes by a competent authority;

b) Use of revoked barcodes;

c) Sale or transfer of granted barcodes.

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a) [102] Use of foreign barcodes to print on produced/processed/packaged/extracted goods in Vietnam without permission given by the foreign organization possessing such barcodes to use in Vietnam;

b) Use of signs that make it difficult to distinguish from barcodes of a competent regulatory authority and the GS1.

4. A fine of from VND 20,000,000 to VND 50,000,000 shall be imposed for:

a) Provision or use of sources of data on barcodes not in line with those of a competent regulatory authority in Vietnam and the GS1;

b) [103] Provision of false information about the owner or user of legal barcodes that are granted by a competent regulatory authority in Vietnam.

c) [104] Development and provision of services, solutions and applications based on barcodes of a competent regulatory authority in Vietnam without permission.

5. The fines for trade in goods violating regulations on barcodes:

a) A fine of from VND 500.000 to VND 1.000.000 if the illegal goods are worth VND 10.000.000 or less;

b) A fine of from VND 1,000,000 to VND 2,000,000 if the illegal goods are worth from more than VND 10,000,000 to VND 20,000,000;

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d) A fine of from VND 3.000.000 to VND 5.000.000 if the illegal goods are worth from more than VND 30.000.000 to VND 50.000.000;

dd) A fine of from VND 5.000.000 to VND 7.000.000 if the illegal goods are worth from more than VND 50.000.000 to VND 70.000.000;

e) A fine of from VND 7.000.000 to VND 10.000.000 if the illegal goods are worth from more than VND 70.000.000 to VND 100.000.000;

g) A fine of from VND 10,000,000 to VND 15.000.000 if the illegal goods are worth over VND 100,000,000.

6. [105] Remedial measures:

a) Enforced recall of products, goods and destruction of illegal barcodes; enforced destruction of goods having illegal labels if it is impossible to remove the illegal barcodes from the products, goods in case of the violations specified in Clauses 2 and 3 of this Article;

b) Enforced return of illegal profits obtained from the commission of the violation specified in Clause 4 of this Article.

Article 33. Violations against regulations on use and issuance of certificates of barcode use rights

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for:

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b) Use of the certificate of barcode use rights not issued by a competent authority.

2. Remedial measures:

The certificate of barcode use rights shall be revoked in case of the violation specified in Clause 1 this Article.

Chapter III

POWER TO MAKE REPORTS AND IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Article 34. Power to impose penalties of inspectors and entities responsible for conducting scientific and technological inspections

1. Inspectors and entities responsible for conducting scientific and technological inspections in the performance of their duties are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 500.000 upon an individual and VND 1.000.000 upon an organization;

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d) Impose remedial measures in case of the administrative violation specified in Point a Clause 3 Article 2 herein.

2. Chief inspectors of provincial Departments of Science and Technology; Chiefs of inspectorates of provincial Departments of Science and Technology; Directors of Departments of Standards, Metrology and Quality of districts/cities; Directors of Central Departments of Management of Goods and Product Quality and Directors of Southern Departments of Management of Goods and Product Quality affiliated to Departments of Management of Goods and Product Quality; Chiefs of inspectorates of Departments of Standards, Metrology and Quality of districts/cities and Chiefs of inspectorates of the Directorate for Standards, Metrology and Quality shall have the power to: [107]

a) Issue warnings;

b) Impose a maximum fine of VND 50.000.000 upon an individual and VND 100.000.000 upon an organization;

c) Suspend violators’ operation, licenses or practicing certificates;

d) [108] Confiscate exhibits and/or means used for commission of administrative violations, with value of not over VND 100.000.000 upon an individual, or VND 200.000.000 upon an organization;

dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

3. Chief of inspectorate of the Ministry, Director of Department of Management of Goods and Product Quality affiliated to Directorate for Standards, Metrology and Quality according to their functions, powers and tasks that are assigned shall have the power to: [109]

a) Issue warnings;

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c) Suspend violators’ operation, licenses or practicing certificates;

d) [110] Confiscate exhibits and/or means used for commission of administrative violations in the metrology field, with value of not over VND 140.000.000 upon an individual, VND 280.000.000 upon an organization; standards and quality of products and goods, with value of not over 210.000.000 upon an individual, VND 420.000.000 upon an organization;

dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

4. Chief inspector of the Ministry of Science and Technology and Director of the Directorate for Standards, Metrology and Quality are entitled to:

a) Issue warnings;

b) Impose the maximum fine under provisions stated herein;

c) Suspend violators’ operation, licenses or practicing certificates;

d) Confiscate exhibits and means used for commission of administrative violations;

dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

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1. Chairpersons of People’s Committees of communes are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 5.000.000 upon an individual and VND 10.000.000 upon an organization;

c) [111] Confiscate the exhibit or mean used for commission of an administrative violation whose value does not exceed VND 10.000.000 in case the violator is an individual, or VND 20.000.000 in case the violator is an organization;

d) Impose remedial measures in case of the administrative violation specified in Point a Clause 3 Article 2 herein.

2. Chairpersons of People’s Committees of districts are entitled to:

a) Issue warnings;

b) [112] Impose a fine of VND 50,000,000 upon an individual and VND 100,000,000 upon an organization in the metrology field, a fine of VND 75.000.000 upon an individual and VND 150.000.000 upon an organization in the field of standards and quality of products and goods;

c) Suspend violators’ operation, decisions, licenses or certificates granted by competent authorities;

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dd) Impose remedial measures in case of the administrative violation specified in Point a, c, dd, e, g, h and i Clause 3 Article 2 herein.

3. Chairpersons of People’s Committees of provinces are entitled to:

a) Issue warnings;

b) Impose the maximum fine under provisions stated herein;

c) Suspend violators’ operation, decisions, licenses or certificates granted by competent authorities;

d) Confiscate exhibits and means used for commission of administrative violations;

dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

Article 36. Power to impose penalties of the People's Police authorities

1. The People’s Police officers in the performance of their duties are entitled to:

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b) Impose a maximum fine of VND 500.000 upon an individual and VND 1,000,000 upon an organization.

2. Heads of company-level Mobile Police Units, Captains of police stations of the police officers specified in Clause 1 this Article shall have the power to: [114]

a) Issue warnings;

b) Impose a maximum fine of VND 1.500.000 upon an individual and VND 3,000,000 upon an organization.

3. Heads of Communal-level Police Authorities, Police Stations of Border Checkpoints and Export-Processing Zones, Chiefs of International Airport Border Gate Police, Commanders of Mobile Police Battalions, Squadron Leaders shall have the power to: [115]

a) Issue warnings;

b) Impose a maximum fine of VND 2.500.000 upon an individual and VND 5.000.000 upon an organization;

c) [116] Confiscate exhibits and/or means used for commission of administrative violations, with value of not over VND 5.000.000 upon an individual, VND 10.000.000 upon an organization;

d) Impose remedial measures in case of the administrative violation specified in Point a Clause 3 Article 2 herein.

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a) Issue warnings;

b) Impose a maximum fine of VND 25.000.000 upon an individual and VND 50.000.000 upon an organization;

c) Suspend violators’ operation, decisions, licenses or certificates granted by competent authorities;

d) [118] Confiscate exhibits and/or means used for commission of administrative violations, with value of not over VND 50.000.000 upon an individual, or VND 100.000.000 upon an organization;

dd) Impose remedial measures in case of the administrative violation specified in Points a, g, h and i Clause 3 Article 2 herein.

5. Directors of provincial Police Departments are entitled to:

a) Issue warnings;

b) [119] Impose a fine of VND 50,000,000 upon an individual and VND 100,000,000 upon an organization in the metrology field, a fine of VND 75.000.000 upon an individual and VND 150.000.000 upon an organization in the field of standards and quality of products and goods;

c) Suspend violators’ operation, decisions, licenses or certificates granted by competent authorities;

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dd) Impose remedial measures in case of the administrative violation specified in Points a, dd, g, h and i Clause 3 Article 2 herein.

6. Director of the Internal Political Security Department, Director of Economic Security Department, Director of Police Department for Administrative Management of Social Order, Director of Police Department for Investigation into Social Order-related Crimes, Director of Police Department for Investigation into Corruption, Economy and Smuggling-related Crimes, Director of Police Department for Investigation into Drug-related Crimes, Director of Police Department for Investigation into Drug-related Crimes, Director of Police Traffic Department, Director of Environment Police Department, Director of Department of Cybersecurity and Hi-tech Crime Prevention and Control, Director of Immigration Department shall have the power to: [121]

a) Issue warnings;

b) Impose the maximum fine under provisions stated herein;

c) Suspend violators’ operation, decisions, licenses or certificates granted by competent authorities;

d) [122] Confiscate exhibits and/or means used for commission of administrative violations;

dd) Impose remedial measures in case of the administrative violation specified in Points a, dd, g, h and i Clause 3 Article 2 herein.

Article 37. Power to impose penalties of customs authorities

1. Customs officials in the performance of their duties are entitled to:

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b) Impose a maximum fine of VND 500.000 upon an individual and VND 1,000,000 upon an organization.

2. Team leaders and squad leaders of Sub-departments of Customs; squad leaders of Control Teams of Customs Departments of provinces and inter-provinces; team leaders of Post Clearance Audit Sub-Departments shall have the power to: [123]

a) Issue warnings;

b) Impose a maximum fine of VND 5.000.000 upon an individual and VND 10.000.000 upon an organization.

3. Directors of Sub-departments of Customs; Directors of Post Clearance Audit Sub-Departments; team leaders of Control Teams of Customs Departments of provinces and inter-provinces; team leaders of Criminal Investigation Teams; team leaders of Anti-smuggling Control Teams; Commanders of Sea Patrol Squadrons and Team leaders of Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams affiliated to the Anti-Smuggling and Investigation Department; Directors of Post Clearance Audit Sub-Departments affiliated to Post Clearance Audit Department shall have the power to: [124]

a) Issue warnings;

b) Impose a maximum fine of VND 25,000,000 upon an individual and VND 50,000,000 upon an organization;

c) [125] Confiscate the exhibit or mean used for commission of an administrative violation whose value does not exceed VND 50.000.000 in case the violator is an individual, or VND 100.000.000 in case the violator is an organization;

d) Impose remedial measures in case of the administrative violation specified in Points a, b, d, dd, g, h and i Clause 3 Article 2 herein.

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a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 upon an individual and VND 100.000.000 upon an organization;

c) Suspend violators’ operation, licenses or practicing certificates;

d) [126] Confiscate exhibits and/or means used for commission of administrative violations;

dd) Impose remedial measures in case of the administrative violation specified in Points a, b, d, dd, g, h and i Clause 3 Article 2 herein.

5. Director of General Department of Customs is entitled to:

a) Issue warnings;

b) Impose the maximum fine under provisions stated herein;

c) Confiscate exhibits and equipment used for commission of administrative violations;

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Article 38. Power to impose penalties of the market surveillance authorities

1. Market surveillance officials in the performance of their duties are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 500.000 upon an individual and VND 1,000,000 upon an organization.

2. Leaders of market surveillance teams are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 25,000,000 upon an individual and VND 50,000,000 upon an organization;

c) [127] Confiscate the exhibit or mean used for commission of an administrative violation whose value does not exceed VND 50.000.000 in case the violator is an individual, or VND 100.000.000 in case the violator is an organization;

d) Impose remedial measures in case of the administrative violation specified in Points a, c, d, dd, e, g, h and i Clause 3 Article 2 herein.

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a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 upon an individual and VND 100.000.000 upon an organization;

c) [129] Confiscate exhibits and/or means used for commission of administrative violations;

d) Suspend violators’ operation, licenses or certificates;

dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

4. Director General of Vietnam Directorate of Market Surveillance shall have the power to: [130]

a) Issue warnings;

b) Impose the maximum fine under provisions stated herein;

c) Confiscate exhibits and/or means used for commission of administrative violations;

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dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

Article 39. Power to impose penalties of the border guard forces

1. Border guard soldiers in the performance of their duties are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 500.000 upon an individual and VND 1,000,000 upon an organization.

2. Team leaders of the border guard soldiers specified in Clause 1 this Article are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 2.500.000 upon an individual and VND 5.000.000 upon an organization.

2a. [131] Team leaders of Crime and Drug Prevention and Control Task Forces affiliated to Crime and Drug Prevention and Control Brigades shall have the power to:

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b) Impose a maximum fine of VND 10,000,000 upon an individual and VND 20.000.000 upon an organization;

c) Confiscate exhibits and/or means used for commission of administrative violations, with value of not over VND 20.000.000 upon an individual, VND 40.000.000 upon an organization;

d) Impose remedial measures in case of the administrative violations specified in Points a, g, h and i Clause 3 Article 2 herein.

3. Heads of Border-guard posts, Commanders of Border-guard Flotillas and Commanders of Port Border Guards shall have the power to: [132]

a) Issue warnings;

b) Impose a maximum fine of VND 20,000,000 upon an individual and VND 40.000.000 upon an organization for committing a measurement-related violation; VND 25.000.000 upon an individual and VND 50.000.000 upon an organization for committing a product quality-related violation;

c) [133] Confiscate exhibits and/or means used for commission of administrative violations in the metrology field, with value of not over VND 40.000.000 upon an individual, VND 80.000.000 upon an organization; standards and quality of products and goods, with value of not over 210.000.000 upon an individual, VND 420.000.000 upon an organization;

d) [134] Enforce the remedial measures mentioned in Points a, b, g, h and i Clause 3 Article 2 of this Decree.

3a. [135] The leaders of the Drug and Crime Prevention and Control Task Forces under the Drugs and Crime Prevention Departments of the Border Guard Commands have the power to:

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b) Impose a maximum fine of VND 50,000,000 upon an individual and VND 100,000,000 upon an organization for committing a measurement-related violation; VND 75.000.000 upon an individual and VND 150,000,000 upon an organization for committing a product quality-related violation;

c) Confiscate exhibits and/or means used for commission of administrative violations in the metrology field, with value of not over VND 100.000.000 upon an individual, VND 200.000.000 upon an organization; in the field of standards and quality of products and goods, with value of not over 150.000.000 upon an individual, VND 300.000.000 upon an organization;

d) Enforce remedial measures in case of the administrative violations specified in Points a, b, dd, g, h and i Clause 3 Article 2 herein.

4. Commanders of provincial-level Border Guard Forces, Commanders of Coastguard Squadrons, Director of Crime and Drug Prevention and Control Department of Border Guard High Command shall have the power to: [136]

a) Issue warnings;

b) Impose the maximum fine under provisions stated herein;

c) Suspend violators’ operation, licenses or practicing certificates;

d) Confiscate exhibits and/or means used for commission of administrative violations;

dd) [137] Enforce remedial measures in case of the administrative violations specified in Points a, b, dd, g, h and i Clause 3 Article 2 herein.

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1. Coastguard officers in the performance of their duties are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 1.500.000 upon an individual and VND 3.000.000 upon an organization;

2. Coastguard team leaders are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 5.000.000 upon an individual and VND 10.000.000 upon an organization.

3. Coastguard squad leaders and captains of coastguard stations are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 10,000,000 upon an individual and VND 20.000.000 upon an organization;

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4. Commanders of coastguard platoons are entitled to:

a) Issue warnings;

c) [138] Confiscate exhibits and/or means used for commission of administrative violations in the metrology field, with value of not over VND 40.000.000 upon an individual, VND 80.000.000 upon an organization; in the field of standards and quality of products and goods, with value of not over 50.000.000 upon an individual, VND 100.000.000 upon an organization;

d) Impose remedial measures in case of the administrative violations specified in Points a, b, g, h and i Clause 3 Article 2 herein.

5. Commanders in chief of Coastguard Squadrons, Commanders of Reconnaissance Brigades, Commanders of Crime and Drug Prevention and Control Brigades affiliated to Vietnam Coast Guard shall have the power to: [139]

a) Issue warnings;

b) Impose a maximum fine of VND 30,000,000 upon an individual and VND 60.000.000 upon an organization for committing a measurement-related violation; VND 45.000.000 upon an individual and VND 90.000.000 upon an organization for committing a product quality-related violation;

c) [140] Confiscate exhibits and/or means used for commission of administrative violations in the metrology field, with value of not over VND 60.000.000 upon an individual, VND 120.000.000 upon an organization; in the field of standards and quality of products and goods, with value of not over 90.000.000 upon an individual, VND 180.000.000 upon an organization;

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6. [141] Commanders of Regional Coast Guards, Director of Operation and Law Department affiliated to Vietnam Coast Guard shall have the power to:

a) Issue warnings;

c) Suspend violators’ licenses or practicing certificates;

d) Confiscate exhibits and/or means used for commission of administrative violations;

dd) Enforce the remedial measures in case of the administrative violation specified in Points a, b, g, h and i Clause 3 Article 2 herein.

7. Commander of Coastguard Headquarters is entitled to:

a) Issue warnings;

b) Impose the maximum fines for corresponding fields under the provisions of Article 24 herein;

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d) Confiscate exhibits and/or means used for commission of administrative violations;

dd) Impose remedial measures in case of the administrative violation specified in Points a, b, g, h and i Clause 3 Article 2 herein.

Article 41. Power to impose penalties of inspectors and entities responsible for conducting other inspections

1. Inspectors and entities responsible for conducting other inspections in the performance of their duties are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 500.000 upon an individual and VND 1.000.000 upon an organization;

c) [142] Confiscate the exhibit or mean used for commission of an administrative violation whose value does not exceed VND 1.000.000 in case the violator is an individual, or VND 2.000.000 in case the violator is an organization;

d) Impose remedial measures in case of the administrative violation specified in Point a Clause 3 Article 2 herein.

2. Chief Inspectors of Provincial Departments, Directors of Provincial Food Safety and Hygiene Authorities affiliated to Department of Health, Directors of Regional Animal Health Offices, Directors of Area Animal Quarantine Branches affiliated to Department of Animal Health, Directors of Regional Plant Quarantine Sub-Departments affiliated to Plant Protection Department, Directors of Agro-Forestry-Fisheries Quality Assurance Sub- Departments in Central and Southern Vietnam affiliated to National Agro-Forestry-Fisheries Quality Assurance Department, Directors of Provincial Crop Production and Plant Protection Authorities, Directors of Provincial Departments of Livestock Production and Veterinary Medicine, Directors of Provincial Departments of Fisheries, Directors of Agro-Forestry-Fisheries Quality Assurance Sub-Departments affiliated to Department of Agriculture and Rural Development, Directors of Regional Radio Frequency Centers shall have the power to: [143]

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b) Impose a maximum fine of VND 50.000.000 upon an individual and VND 100.000.000 upon an organization;

c) Suspend violators’ operation, licenses or practicing certificates;

d) [144] Confiscate exhibits and/or means used for commission of administrative violations, with value of not over VND 100.000.000 upon an individual, or VND 200.000.000 upon an organization;

dd) Impose remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

3. Chiefs of inspectorates of provincial authorities and other regulatory bodies have the power to impose penalties specified in Clause 2 this Article.

4. Chiefs of inspectorates of ministries are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 70,000,000 upon an individual and VND 140,000,000 upon an organization for committing a measurement-related violation; VND 105.000.000 upon an individual and VND 210,000,000 upon an organization for committing a product quality-related violation;

c) Suspend violators’ operation, licenses or practicing certificates;

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dd) Enforce remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

5. Chief Inspectors of Ministries, ministerial authorities, Director General of Vietnam Administration of Forestry, Director General of Directorate of Fisheries, Director General of General Department of Geology and Minerals of Vietnam, Director General of Vietnam Environment Administration, Directors of Department of Work Safety, Vietnam Chemicals Agency, Industrial Safety Techniques and Environment Agency, Industry Agency, Viet Nam Competition and Consumer Authority, Department of Animal Health, Plant Protection Department, Department of Crop Production, Department of Livestock production, National Agro - Forestry - Fisheries Quality Assurance Department, Agrotrade Vietnam, Authority of Radio Frequency Management, Authority of Broadcasting and Electronic Information, Authority of Press, Department of Publication, Printing and Distribution of Viet Nam, Drug Administration of Vietnam, Department of Medical Service Administration, Health Environment Management Agency, General Department of Preventive Medicine and Vietnam Food Safety Authority shall have the power to: [146]

a) Issue warnings;

b) Impose the maximum fine under provisions stated herein;

c) Suspend violators’ operation, licenses or practicing certificates;

d) Confiscate exhibits and/or means used for commission of administrative violations;

dd) Enforce remedial measures in case of the administrative violation specified in Clause 3 Article 2 herein.

Article 42. Distribution of power of inspectors, entities responsible for conducting scientific and technological inspections, Chairpersons of People’s Committees, the police, customs, market surveillance authorities, border guard, coastguard, inspectors and entities responsible for conducting other inspections

1. Inspectors have the power to impose penalties and entities responsible for conducting scientific and technological inspections have the power to make reports, impose penalties and remedial measures on all administrative violations specified herein within the power stated in Article 34 herein and within the scope of their functions, tasks, and entitlements.

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3. Police officers have the power to make reports, impose penalties and remedial measures for all administrative violations specified herein within the power stated in Article 36 herein and within the scope of their functions, tasks, and entitlements.

4. Customs officials specified in Article 37 herein have the power to make reports, impose penalties and remedial measures on violations against regulations on standards, measurement and quality of goods stated herein and found in the areas under their management that the Government's Decree on penalties for administrative violations against regulations on customs has not regulated.

5. Market surveillance officials have the power to make reports, impose penalties and remedial measures on administrative violations specified in Article 5, Article 6, Article 7, Article 9, Article 10, Article 14, Article 15, Article 16, Article 17, Article 18, Article 19, Article 20, Article 24, Article 27, Article 28, Article 29, Article 30, Article 31 and Article 32 herein within the power stipulated in Article 38 herein and the scope of their functions, tasks and entitlements.

6. Border guard officers have the power to make reports, impose penalties and remedial measures on administrative violations related to the sale specified in Article 5, Article 7, Article 9, Article 15, Article 16, Article 17, Article 18, Article 19, Article 20, Article 24, Article 27, Article 29, Article 30, Article 31 and Article 32 herein within the power stipulated in Article 39 herein and the scope of their functions, tasks and entitlements.

7. Coastguard officers have the power to make reports, impose penalties and remedial measures on administrative violations related to the sale specified in Article 5, Article 7, Article 9, Article 10, Article 14, Article 15, Article 16, Article 17, Article 18, Article 19, Article 20, Article 24, Article 27, Article 29, Article 30, Article 31 and Article 32 herein within the power stipulated in Article 40 herein and the scope of their functions, tasks and entitlements.

8. Inspectors and entities responsible for conducting other inspections have the power to make reports, impose penalties and remedial measures for administrative violations specified herein within the power stipulated in Article 41 herein and the scope of their functions, tasks and entitlements.

Article 43. Entities having the power to make reports on administrative violations

1. [147] Holders of the positions mentioned in Article 34, Article 35, Article 36, Article 37, Article 38, Article 39, Article 40 and Article 41 herein, persons in the People's Army of Vietnam and the People's Public Security Forces, officials and public employees in the performance of their duties when detecting administrative violations against regulations on standards, measurement and quality of goods shall have the power to make reports on such administrative violations according to regulations.

2. Chiefs of inspectorates of standards, measurement and quality of goods have the power to make reports on administrative violations and transfer the documents thereon to competent authorities for imposing penalties.

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IMPLEMENTATION CLAUSES [148]

Article 44. Effect

This Decree comes into force from December 15, 2017.

This Decree replaces the Government’s Decree No. 80/2013/ND-CP dated July 19, 2013 on penalties for administrative violations against regulations on standards, measurement and quality of goods.

Article 45. Transitional provisions

Where the administrative violation against regulations on standards, measurement and quality of goods is committed before the effective date of this Decree and is detected or considered for settlement later, favourable provisions shall apply to the violating entity.

Article 46. Implementation

1. The Minister of Science and Technology shall provide guidelines for and implement this Decree.

2. Ministers, heads of ministerial and governmental authorities, Chairpersons of People’s Committees of provinces/central-affiliated cities and relevant authorities, organizations and individuals shall implement this Decree./.

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CERTIFIED BY

PP. MINISTER
DEPUTY MINISTER

Pham Cong Tac

[1] Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain Articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022, is pursuant to:

“ Law on Governmental Organization dated June 19, 2015; Law on amendments to the Law on Governmental Organization and the Law on Local Government Organization dated November 22, 2019;

Law on Handling of Administrative Violations dated June 20, 2012; Law on amendments to certain Articles of the Law on Handling of Administrative Violations dated November 13, 2020;

Law on intellectual property of Vietnam dated November 29, 2005; Law on amendments to the Law on intellectual property of Vietnam dated June 19, 2009; Law on amendments to the Law on Insurance Business of Vietnam, the Law on Intellectual Property of Vietnam dated June 14, 2019;

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Law on Quality of Products and Goods dated November 21, 2007;

Law on Measurement dated November 11, 2011;

Law on Science and Technology dated June 18, 2013;

Law on Technology Transfer of Vietnam dated June 19, 2017;

Pursuant to the Law on Atomic Energy of Vietnam dated June 3, 2008;

At the proposal of Minister of Science and Technology of Vietnam;

The Government of Vietnam promulgates a Decree on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy.”

[2] This Clause is amended as prescribed in Clause 1 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[3] This Point is amended as prescribed in Clause 2 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

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[5] This Point is supplemented as prescribed in Point b Clause 3 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[6] This Point is amended as prescribed in Point c Clause 3 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[7] This Point is supplemented as prescribed in Clause 4 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[8] This Point is annulled as prescribed in Clause 2 Article 5 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[9] This Point is amended as prescribed in Clause 5 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[10] This Point is amended as prescribed in Clause 6 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[11] This Clause is amended as prescribed in Clause 7 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[12] This Clause is supplemented as prescribed in Clause 8 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[13] This Clause is amended as prescribed in Clause 9 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

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[15] This Point is supplemented as prescribed in Clause 11 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[16] This Clause is amended as prescribed in Clause 12 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[17] This Clause is amended as prescribed in Clause 13 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[18] This Clause is amended as prescribed in Clause 14 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[19] This Clause is amended as prescribed in Clause 15 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[20] This Clause is amended as prescribed in Clause 16 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[21] This Point is amended as prescribed in Clause 17 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[22] This Clause is amended as prescribed in Clause 18 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[23] [24]These Points are amended as prescribed in Clause 19 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

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[26] This Clause is amended and supplemented as prescribed in Clause 21 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[27] This Clause is supplemented as prescribed in Clause 22 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[28] This Point is supplemented as prescribed in Clause 23 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[29] This Clause is amended and supplemented as prescribed in Clause 24 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[30] This Clause is supplemented as prescribed in Clause 25 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[31] This Clause is amended as prescribed in Clause 26 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[32] This Point is amended as prescribed in Clause 27 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[33] This Clause is amended and supplemented as prescribed in Clause 28 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[34] This Clause is supplemented as prescribed in Clause 29 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

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[36] This Point is amended and supplemented as prescribed in Clause 31 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[37] Paragraph “2. A fine of from VND 5,000,000 to VND 15,000,000 shall be imposed for the production or import of goods violating declaration of standard conformity:” is amended and supplemented by Paragraph “2. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed on the following violations against regulations on issuance of DoC committed during the production or import of goods:” according to regulations in Point a Clause 32 Article 2 of Decree No. 126/2021/ND-CP.

[38] This Point is supplemented as prescribed in Point b Clause 32 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[39] This Clause is amended as prescribed in Point c Clause 32 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[40] This Clause is supplemented as prescribed in Point a Clause 33 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[41] Paragraph “3. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for the production or import of goods whose declaration of regulation conformity is required according to corresponding technical regulations:” is amended by Paragraph “3. A fine of from VND 30.000.000 to VND 40.000.000 shall be imposed on the following violations committed during the production of products/goods for which DoC is required under corresponding technical regulations:” according to regulations in Point b Clause 33 Article 2 of Decree No. 126/2021/ND-CP.

[42] This Point is amended and supplemented as prescribed in Point c Clause 33 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[43] [44]These Points are annulled as prescribed in Clause 2 Article 5 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[45] This Clause is supplemented as prescribed in Point d Clause 33 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

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[47] This Clause is amended as prescribed in Point dd Clause 33 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[48] The name of this Article is amended as prescribed in Clause 34 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[49] This Clause is annulled as prescribed in Clause 2 Article 5 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[50] This Clause is amended and supplemented as prescribed in Clause 35 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[51] This Clause is amended and supplemented as prescribed in Clause 36 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[52] This Clause is amended and supplemented as prescribed in Clause 37 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[53] [54] These Points are annulled as prescribed in Clause 2 Article 5 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[55] The paragraph "2. A fine of from VND 40.000.000 to VND 50.000.000 shall be imposed for:” is amended by the paragraph “2. A fine of from VND 50.000.000 to VND 100.000.000 shall be imposed for:” as prescribed in Point b Clause 38 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[56] This Point is amended as prescribed in Point c Clause 38 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

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[58] [59]These Points are supplemented as prescribed in Point a Clause 38 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[60] The paragraph "4. A fine of from VND 100.000.000 to VND 150.000.000 shall be imposed for:” is amended by the paragraph “4. A fine of from VND 150.000.000 to VND 300.000.000 shall be imposed for:” as prescribed in Point e Clause 38 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[61] [62]These Points are supplemented as prescribed in Point d Clause 38 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[63] This Clause is amended and supplemented as prescribed in point g Clause 38 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[64] This Clause is amended as prescribed in point h Clause 38 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[65] This Clause is amended and supplemented as prescribed in point a Clause 39 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[66] The paragraph "2. A fine of from VND 40.000.000 to VND 50.000.000 shall be imposed for:” is amended by the paragraph “2. A fine of from VND 50.000.000 to VND 100.000.000 shall be imposed for:” as prescribed in Point b Clause 39 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[67] [68]These Points are supplemented as prescribed in Point c Clause 39 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

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[70] The paragraph "4. A fine of from VND 100.000.000 to VND 150.000.000 shall be imposed for:” is amended by the paragraph “A fine of from VND 150.000.000 to VND 300.000.000 shall be imposed for:” as prescribed in Point e Clause 39 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[71] This Point is supplemented as prescribed in Point dd Clause 39 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[72] This Clause is amended as prescribed in point g Clause 39 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[73] This Clause is amended as prescribed in point h Clause 39 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[74] [75]These Points are supplemented as prescribed in Clause 40 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[76] This Point is annulled as prescribed in Clause 2 Article 5 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[77] This Point is amended as prescribed in Clause 41 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[78] [79] [80] [81] These Clauses are amended and supplemented as prescribed in Clause 42 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[82]This Article is amended as prescribed in Clause 43 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

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[84] This Article is amended as prescribed in Clause 44 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[85] This Article is supplemented as prescribed in Clause 45 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[86] The paragraph "1. A fine of from VND 500.000 to VND 1.000.000 shall be imposed for one of the following violations if the illegal goods are worth VND 5.000.000 or less:” is amended and supplemented by the paragraph “1. A fine of from VND 500.000 to VND 1.000.000 shall be imposed for the following violations if the illegal goods are worth VND 5.000.000 or less, except for goods imported into Vietnam having the original labels with the contents that are illegible but unable to be recovered/repaired by the importers; goods imported into Vietnam having the original labels without secondary labels in case of carrying out the customs clearance procedure:” as prescribed in Clause 46 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[87] This Clause is amended and supplemented as prescribed in Clause 47 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[88] This Clause is amended and supplemented as prescribed in Clause 48 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[89] This Clause is amended and supplemented as prescribed in Clause 49 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[90] The paragraph “3. The fines for trade in goods whose labels display images, drawings, writings, signs, symbols, medals, prizes and other information that are not true to nature or fact of such goods; labels displaying images or contents related to the sovereignty disputes and other sensitive contents that may affect security, politics, economy, society, diplomatic relations and Vietnamese custom; trade in labelled goods including original labels or secondary labels of imported goods that are falsified; trade in goods having fraudulent use duration on goods labels; or trade in expired goods:” is amended and supplemented by the paragraph "3. The fines for trade in goods whose labels display images, drawings, writings, signs, symbols, medals, prizes and other information that are not true to nature or fact of such goods; labels displaying images or contents related to the sovereignty disputes and other sensitive contents that may affect security, politics, economy, society, diplomatic relations and Vietnamese custom; trade in labelled goods including original labels or secondary labels of imported goods that are falsified; trade in goods having fraudulent use duration on goods labels; or trade in expired goods, except for imports that have not been cleared:” as prescribed in Clause 50 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[91] This Point is amended and supplemented as prescribed in Clause 51 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[92] This Clause is amended and supplemented as prescribed in Clause 52 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

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[95] This Clause is amended and supplemented as prescribed in Clause 53 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[96] This Clause is amended as prescribed in Clause 54 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[97] ⁹⁹ These Points are amended as prescribed in Clause 55 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[98] [100]These Points are annulled as prescribed in Clause 2 Article 5 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[101] This Clause is supplemented as prescribed in Clause 56 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[102] This Point is amended as prescribed in Clause 57 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[103] [104]These Points are amended as prescribed in Clause 58 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[105] This Clause is amended and supplemented as prescribed in Clause 59 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[106] This Point is amended and supplemented as prescribed in Clause 60 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

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[108] This Point is amended and supplemented as prescribed in Clause 62 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[109] The paragraph “3. Chief of inspectorate of the Ministry of Science and Technology is entitled to:” is amended and supplemented by the paragraph "3. Chief of inspectorate of the Ministry, Director of Department of Management of Goods and Product Quality affiliated to Directorate for Standards, Metrology and Quality according to their functions, powers and tasks that are assigned shall have the power to:” as prescribed in Clause 64 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[110] This Point is amended and supplemented as prescribed in Clause 63 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[111] This Point is amended and supplemented as prescribed in Clause 65 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[112] This Point is amended and supplemented as prescribed in Clause 66 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[113] This Point is amended and supplemented as prescribed in Clause 67 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[114] The paragraph “2. Captains of police stations of the police officers specified in Clause 1 this Article are entitled to:” is amended and supplemented by the paragraph "2. Heads of company-level Mobile Police Units, Captains of police stations of the police officers specified in Clause 1 this Article shall have the power to:” as prescribed in Clause 68 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[115] The paragraph “3. Chiefs of police departments of communes, police stations of border checkpoints and export-processing zones are entitled to:” is amended and supplemented by the paragraph “3. Heads of Communal-level Police Authorities, Police Stations of Border Checkpoints and Export-Processing Zones, Chiefs of International Airport Border Gate Police, Commanders of Mobile Police Battalions, Squadron Leaders shall have the power to:” as prescribed in Clause 69 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[116] This Point is amended and supplemented as prescribed in Clause 70 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

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[118] This Point is amended and supplemented as prescribed in Clause 72 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[119] This Point is amended and supplemented as prescribed in Clause 73 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[120] This Point is amended as prescribed in Clause 74 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[121] The paragraph “6. Directors of Internal Security Department, Economic Security Department, Cultural - Information - Communications Security Department, Corruption Department, Social Order Department, Drug Enforcement Department, High Technology Crime Department, Traffic Police Department, Environmental Crime Department and Fire and Rescue Police Department are entitled to:” is amended and supplemented by the paragraph “6. Director of the Internal Political Security Department, Director of Economic Security Department, Director of Police Department for Administrative Management of Social Order, Director of Police Department for Investigation into Social Order-related Crimes, Director of Police Department for Investigation into Corruption, Economy and Smuggling-related Crimes, Director of Police Department for Investigation into Drug-related Crimes, Director of Police Department for Investigation into Drug-related Crimes, Director of Police Traffic Department, Director of Environment Police Department, Director of Department of Cybersecurity and Hi-tech Crime Prevention and Control, Director of Immigration Department shall have the power to:” in Clause 75 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[122] This Point is amended as prescribed in Clause 76 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[123] The paragraph “2. Team leaders of Sub-department of Customs and Sub-departments of Post-Clearance Inspection are entitled to:” is amended and supplemented by the paragraph “Team leaders and squad leaders of Sub-departments of Customs; squad leaders of Control Teams of Customs Departments of provinces and inter-provinces; team leaders of Post Clearance Audit Sub-Departments shall have the power to:” as prescribed in Clause 77 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[124] The paragraph “3. Directors of Sub-departments of Customs, Sub-departments of Post-clearance Inspection, team leaders of provincial Customs Departments, smuggling prevention team leaders, customs procedures team leaders, leaders of customs control teams at sea and leaders of intellectual property right protection teams of the Smuggling Investigation and Prevention Department of the General Department of Customs are entitled to:” is amended and supplemented by the paragraph “3. Directors of Sub-departments of Customs; Directors of Post Clearance Audit Sub-Departments; team leaders of Control Teams of Customs Departments of provinces and inter-provinces; team leaders of Criminal Investigation Teams; team leaders of Anti-smuggling Control Teams; Commanders of Sea Patrol Squadrons and Team leaders of Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams affiliated to the Anti-Smuggling and Investigation Department; Directors of Post Clearance Audit Sub-Departments affiliated to Post Clearance Audit Department shall have the power to:” as prescribed in Clause 78 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[125]This Point is amended and supplemented as prescribed in Clause 78 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[126] This Point is amended as prescribed in Clause 79 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

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[128] The paragraph “3. Directors of Market Surveillance Departments of Provincial Departments of Industry and Trade, managers of Anti-counterfeiting units, managers of departments affiliated to Market Surveillance Agency are entitled to:” is amended and supplemented by the paragraph "3. Director of Provincial Market Surveillance Department and Director of Market Surveillance Operations Department affiliated to Vietnam Directorate of Market shall have the power to:” as prescribed in Clause 81 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022

[129] This Point is amended as prescribed in Clause 82 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[130] The paragraph “4. Director of the Market Surveillance Agency is entitled to:” is amended and supplemented by the paragraph "4. Director General of Vietnam Directorate of Market Surveillance shall have the power to:” as prescribed in Clause 83 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[131] This Clause is supplemented as prescribed in Clause 84 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[132] The paragraph “3. Captains of border guard stations, leaders of coastal guard teams, commanders of border guard at checkpoints and holders of equivalent positions are entitled to:” is amended and supplemented by the paragraph "3. Heads of Border-guard posts, Commanders of Border-guard Flotillas and Commanders of Port Border Guards shall have the power to:” as prescribed in Clause 85 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[133] [134]These Points are amended and supplemented as prescribed in Clause 86 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[135] This Clause is supplemented as prescribed in Clause 87 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[136] The paragraph “4. Captains of provincial border guard command centers, commanders of coastal guard fleets affiliated to the Border Guard Headquarters are entitled to:” is amended and supplemented by the paragraph "4. Commanders of provincial-level Border Guard Forces, Commanders of Coastguard Squadrons, Director of Crime and Drug Prevention and Control Department of Border Guard High Command shall have the power to:” as prescribed in Clause 88 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[137] This Point is amended and supplemented as prescribed in Clause 89 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

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[139]The paragraph “5. Commanders of coastguard fleets are entitled to:” is amended and supplemented by the paragraph "5. Commanders in chief of Coastguard Squadrons, Commanders of Reconnaissance Brigades, Commanders of Crime and Drug Prevention and Control Brigades affiliated to Vietnam Coast Guard shall have the power to:” as prescribed in Clause 90 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[140]This Point is amended and supplemented as prescribed in Point c Clause 90 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[141]This Clause is amended and supplemented as prescribed in Point d Clause 90 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[142] This Point is amended and supplemented as prescribed in Clause 91 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[143] The paragraph “2. Chief Inspector of Provincial Departments, Directors of Provincial Food Safety and Hygiene Authorities, Directors of Provincial Crop Production and Plant Protection Authorities, Directors of Provincial Departments of Livestock Production and Veterinary Medicine, Directors of Provincial Departments of Fisheries, Directors of Provincial Farm Produce and Aquatic Product Quality Control Authorities and holders of equivalent positions are entitled to:” is amended and supplemented by the paragraph "2. Chief Inspectors of Provincial Departments, Directors of Provincial Food Safety and Hygiene Authorities affiliated to Department of Health, Directors of Regional Animal Health Offices, Directors of Area Animal Quarantine Branches affiliated to Department of Animal Health, Directors of Regional Plant Quarantine Sub-Departments affiliated to Plant Protection Department, Directors of Agro-Forestry-Fisheries Quality Assurance Sub- Departments in Central and Southern Vietnam affiliated to National Agro-Forestry-Fisheries Quality Assurance Department, Directors of Provincial Crop Production and Plant Protection Authorities, Directors of Provincial Departments of Livestock Production and Veterinary Medicine, Directors of Provincial Departments of Fisheries, Directors of Agro-Forestry-Fisheries Quality Assurance Sub-Departments affiliated to Department of Agriculture and Rural Development, Directors of Regional Radio Frequency Centers shall have the power to:” as prescribed in Clause 92 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[144] This Point is amended and supplemented as prescribed in Clause 93 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[145] This Point is amended and supplemented as prescribed in Clause 94 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[146] The paragraph “5. Chief Inspectors of Ministries, ministerial agencies, Director of the Directorate for Standards, Metrology, and Quality, Director of Directorate of Fisheries, Director of Vietnam Environment Administration, Director of Vietnam Chemicals Agency, Director of Industrial Safety Techniques and Environment Agency; Director of Department of Animal Health, Director of Plant Protection Agency, Director of Crop Production Authority, Director of Department of Livestock production, Director of National Agro - Forestry - Fisheries Quality Assurance Department, Director of Agro - Forestry - Fishery processing and Salt Production Agency, Director of Drug Administration of Vietnam, Director of Health Environment Management Agency, Director of General Department of Preventive Medicine, Director of the Department food safety and hygiene and holders of equivalent positions are entitled to:” is amended and supplemented by the paragraph "5. Chief Inspectors of Ministries, ministerial authorities, Director General of Vietnam Administration of Forestry, Director General of Directorate of Fisheries , Director General of General Department of Geology and Minerals of Vietnam, Director General of Vietnam Environment Administration, Directors of Department of Work Safety, Vietnam Chemicals Agency, Industrial Safety Techniques and Environment Agency, Industry Agency, Viet Nam Competition and Consumer Authority, Department of Animal Health, Plant Protection Department, Department of Crop Production, Department of Livestock production, National Agro - Forestry - Fisheries Quality Assurance Department, Agrotrade Vietnam, Authority of Radio Frequency Management, Authority of Broadcasting and Electronic Information, Authority of Press, Department of Publication, Printing and Distribution of Viet Nam, Drug Administration of Vietnam, Department of Medical Service Administration, Health Environment Management Agency, General Department of Preventive Medicine and Vietnam Food Safety Authority shall have the power to:” as prescribed in Clause 95 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

[147] This Clause is amended and supplemented as prescribed in Clause 96 Article 2 of Decree No. 126/2021/ND-CP dated December 30, 2021 of the Government on amendments to certain articles of Decrees on administrative penalties in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy, which comes into force from January 01, 2022.

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“Article 6. Responsibilities

1. The Ministry of Science and Technology of Vietnam shall take charge and cooperate with relevant central and local authorities in implementation of this Decree.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities are responsible for implementation of this Decree.

Article 7. Implementation Clauses

1. This Decree comes into force from January 02, 2022.

2. Transitional provisions:

a) With respect to any administrative violation in industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers and atomic energy that occurs prior to the entry into force of this Decree, if it is detected or under consideration for actions and this Decree does not provide for legal liability or impose less serious legal liability, regulations of this Decree shall be applied.

b) If sanctioned persons or entities continue to appeal against administrative sanction decisions already issued or executed completely before the entry into force of this Decree, regulations of the Government’s Decree No. 99/2013/ND-CP dated August 29, 2013 on administrative penalties in industrial property, the Government’s Decree No. 119/2017/ND-CP dated November 01, 2017 on penalties for administrative violations against regulations on standards, measurement and quality of goods, the Government’s Decree No 51/2019/ND-CP dated June 13, 2019 on prescribing administrative fines for violations arising from scientific and technological activities and technology transfer and the Government’s Decree No. 107/2013/ND-CP dated September 20, 2013 providing on sanctioning of administrative violations in atomic energy shall be applied.”

Từ khóa: Văn bản hợp nhất 02/VBHN-BKHCN, Văn bản hợp nhất số 02/VBHN-BKHCN, Văn bản hợp nhất 02/VBHN-BKHCN của Bộ Khoa học và Công nghệ, Văn bản hợp nhất số 02/VBHN-BKHCN của Bộ Khoa học và Công nghệ, Văn bản hợp nhất 02 VBHN BKHCN của Bộ Khoa học và Công nghệ, 02/VBHN-BKHCN

File gốc của Integrated document No. 02/VBHN-BKHCN dated January 06, 2022 Decree on penalties for administrative violations against regulations on standards, measurement and quality of goods đang được cập nhật.

Integrated document No. 02/VBHN-BKHCN dated January 06, 2022 Decree on penalties for administrative violations against regulations on standards, measurement and quality of goods

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Cơ quan ban hành	Bộ Khoa học và Công nghệ
Số hiệu	02/VBHN-BKHCN
Loại văn bản	Văn bản hợp nhất
Người ký	Phạm Công Tạc
Ngày ban hành	2022-01-06
Ngày hiệu lực	2022-01-06
Lĩnh vực	Vi phạm hành chính
Tình trạng	Còn hiệu lực

TT	Tên sản phẩm	Giá tiền	Đăng ký
1	Gói cơ bản – 1 năm	350.000 ₫	Đăng nhập
2	Gói cơ bản – 2 năm	700.000 ₫	Đăng nhập
3	Gói cơ bản – 3 năm	1.000.000 ₫	Đăng nhập
4	Gói cơ bản – 6 tháng	180.000 ₫	Đăng nhập
5	Gói cơ bản – 5 năm	1.600.000 ₫	Đăng nhập
6	Gói nâng cao – 1 năm	1.100.000 ₫	Đăng nhập
7	Gói nâng cao – 2 năm	2.300.000 ₫	Đăng nhập
8	Gói nâng cao – 3 năm	3.400.000 ₫	Đăng nhập
9	Gói nâng cao – 6 tháng	594.000 ₫	Đăng nhập
10	Gói nâng cao – 5 năm	5.800.000 ₫	Đăng nhập

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