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

Pursuant to the Law on organization of Government of Vietnam dated June 19, 2015; Law on amendments to the Law on organization of Government of Vietnam and the Law on Organization of Local Governments of Vietnam dated November 22, 2019;

Pursuant to the Law on handling of administrative violations of Vietnam dated June 20, 2012; Law on amendments to the Law on handling of administrative violations of Vietnam dated November 13, 2020;

Pursuant to the 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;

Pursuant to the Law on Technical regulations and standards of Vietnam dated June 29, 2006;

Pursuant to the Law on Product and goods quality of Vietnam dated November 21, 2007;

Pursuant to the Law on measurement of Vietnam dated November 11, 2011;

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Pursuant to the 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.

Article 1. Amendments to Decree No. 99/2013/ND-CP dated August 29, 2013 of the Government on administrative penalties in industrial property

1. Article 1 shall be amended as follows:

“Article 1. Scope

1. This Decree specifies acts of administrative violation, sanctioning forms and levels, remedies; procedures for filing written requests for handling of violations; entities subject to sanctions; competence and procedures for settling written requests for handling of violations; powers to make reports against administrative violations, sanctioning competence and fines to be imposed by given positions and enforcement of decisions on sanctioning administrative violations in industrial property.

2. Other administrative violations against regulations on industrial property not specified herein shall apply regulations stated in other Government's Decrees on penalties for administrative violations against regulations on state management.”.

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“Article 1a. Entities subject to administrative sanctions

1. Vietnamese or foreign individuals and organizations that commit administrative violations as prescribed in this Decree within Vietnam’s territory.

2. Household businesses or households that commit administrative violations as prescribed in this Decree shall face the sanctions as similarly as offending persons.

3. Organizations subject to sanctions as per this Decree include:

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) Industrial property representation;

d) Industrial property assessment organizations;

dd) Other organizations established in accordance with law.

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3. Clause 3 Article 3 shall be amended as follows:

a) Point b Clause 3 shall be amended as follows:

b) Forcible distribution or use for non­commercial purposes of goods bearing counterfeit marks or geographical indications; raw materials, materials and means used mainly for producing or trading in these goods, after infringing elements on these goods are removed, provided such act does not affect the exercise of the industrial property rights by their holders, does not cause harms to the health of humans, domestic animals, plants and environment;”;

b) Point d Clause 3 shall be amended as follows:

“d) Forcible destruction of goods bearing counterfeit marks or geographical indications, means, raw materials and materials used mainly for producing or trading in these goods, evidence and means involved in violations on which infringing elements cannot be removed; infringing goods which may cause harms to the health of humans, domestic animals, plants and the environment; stamps, labels, and articles bearing counterfeit marks or geographical indications; stamps, labels, packages and other articles bearing infringing elements;”;

c) Point h Clause 3 shall be amended as follows:

“h) Forcible remittance of illicit earnings from the commission of administrative violations if such illicit earnings are justifiably determined or forcible remittance of an amount equal to value of material evidence or means of administrative violation which have been sold, dispersed or destroyed in contrary to provisions of law;”;

d) Point i Clause 3 shall be added as follows:

“i) Forcible submission of falsified documents to the competent authorities or persons that issued such documents.”.

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“Article 4. Valuation of material evidences and means of violations

1. The valuation of material evidences and means of violations being goods or services infringing the industrial property rights and intellectual property counterfeit goods as prescribed in clause 2 Article 213 of the Intellecual Property Law of Vietnam for use as a basis for determining the fine bracket and sanctioning competence shall be applied basing on one of grounds according to the priority order specified in Clause 2 Article 60 of the Law on Handling of Administrative Violations of Vietnam as follows:

a) The price listed or stated in the contract or purchase invoices or import declaration;

b) The price according to the notice of local financial agencies; in case of without price notice, the price shall be based on the market price in the localities at the time of happening administrative violations;

c) The cost price of infringing goods if they are goods not yet been brought out for sale.

2. In case the grounds mentioned in Clause 1 of this Article cannot be applied for valuating material evidences to serve as a basis for determining the fine bracket or sanctioning competence, the competent persons settling case may issue a decision to temporarily seizure the infringing material evidences and establish a Council of valuation as prescribed in Clause 3 Article 60 of the Law on Handling of Administrative Violations.

3. The valuation of means of administrative violations to serve as a basis for determining the fine bracket or sanctioning competence shall comply with Article 60 of the Law on Handling of administrative violations.”.

5. Clause 4 Article 5 shall be amended as follows:

“4. Remedial measures:

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6. The first paragraph of clause 1 Article 6 shall be amended as follows:

“1. A fine of between VND 10.000.000 and 20.000.000 for any of the following acts:

7. Certain clauses of Article 7 shall be amended as follows:

a) The first paragraph of clause 1 shall be amended as follows:

“1. A fine of between VND 6.000.000 and 15.000.000 for any of the following acts:”;

b) The first paragraph of clause 2 shall be amended as follows:

“2. A fine of between VND 15.000.000 and 30.000.000 for any of the following acts:”;

c) Clause 3 shall be amended as follows:

“3. A fine of between VND 30.000.000 and 60.000.000 for any of the following acts:

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b) Providing untruthful information to competent state agencies in the process of registration and inspection of industrial property representation operations, application for industrial property representation practice certificates or request for recognition of industrial property representation service providers.

d) The first paragraph of clause 4 shall be amended as follows:

“4. A fine of between VND 60.000.000 and 120.000.000 for any of the following acts:”;

dd) Clause 6 shall be amended as follows:

“6. Remedial measures:

Forcible submission of falsified practicing certificates of industrial property representation to the competent authorities or persons that issued such certificates in relation to the violations as specified in point e clause 2 of this Article.”.

8. Certain points and clauses of Article 8 shall be amended as follows:

a) The first paragraph of clause 1 shall be amended as follows:

“1. A fine of between VND 1.500.000 and 3.000.000 for any of the following acts:”;

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“2. A fine of between VND 6.000.000 and VND 15.000.000 for acts of modifying, falsifying content of assessor cards or certificates of eligibility for industrial property assessment.”;

c) The first paragraph of clause 3 shall be amended as follows:

“3. A fine of between VND 15.000.000 and 30.000.000 for any of the following acts:”;

d) Clause 4 shall be amended as follows:

“4. A fine of between VND 30.000.000 and 60.000.000 for any of the following acts:

a) Taking advantage of the assessor status and assessment activities for self-seeking purposes;

b) Deliberately making untruthful assessment conclusions;

c) Modifying, erasing or otherwise falsifying assessment documents without permission;

d) Supplying untruthful information to competent state agencies in the process of registration and inspection of industrial property assessment operations, application for industrial property assessor cards or request for recognition of industrial property assessment organizations.

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dd) Point a Clause 6 shall be amended as follows:

“a) Forcible submission of falsified assessor cards or certificates of eligibility for industrial property assessment, industrial property assessment reports to the competent authorities or persons that issued such documents in relation to the violations as specified in clause 2, point c clause 4 of this Article;”.

9. Certain points and clauses of Article 10 shall be amended as follows:

a) Point a Clause 1 shall be amended as follows:

“a) Selling, offering for sale; transporting, included transiting; storing; displaying for sale of products infringing upon rights to inventions, utility solutions or layout designs, or products produced from a process infringing upon rights to inventions or utility solutions;

b) Clause 14 shall be amended as follows:

“14. Additional sanctions:

Partial or whole suspension of the production, trading of infringing goods, for between 01 and 03 months, for violations specified in Clauses 8 thru 13 of this Article.”;

c) Point d Clause 15 shall be amended as follows:

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10. Certain points and clauses of Article 11 shall be amended as follows:

a) Point a Clause 1 shall be amended as follows:

“a) Selling, offering for sale; transporting, included transiting; storing; displaying for sale of products or services infringing upon rights to marks, geographical indications, trade names or industrial designs;”;

b) Point a Clause 13 shall be amended as follows:

 “a) Production includes: designing, manufacture, processing, assembling and packaging goods bearing signs infringing upon rights to marks, trade names, geographical indications or industrial designs;”;

c) Clause 16 shall be amended as follows:

“16. Additional sanctions:

Partial or whole suspension of the production, trading of infringing goods, for between 01 and 03 months, for violations specified in Clauses 8 thru 13 of this Article.”;

d) Clause 17 shall be amended as follows:

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a) Forcible removal and destruction of infringing elements for violations specified in Clauses 1 thru 15 of this Article;

b) Forcible destruction of material evidence and means used in the commission of violations which infringing elements cannot be removed; goods that cause harms to the health of humans, plants and environment; infringing stamps, labels, packages and articles, for violations specified in Clauses 1 thru 15 of this Article;

c) Forcible bringing out of the Vietnamese territory of transit goods infringing industrial property rights for violations specified in Clauses 1 thru 12 of this Article;

d) Forcible change of enterprise name or removal of infringing elements in enterprise name, for violations specified in Clause 15 of this Article;

dd) Forcible remittance of illicit earnings from the commission of administrative violations specified in Clauses 1 thru 13 of this Article.”.

11. Certain points and clauses of Article 12 shall be amended as follows:

a) Point a Clause 1 shall be amended as follows:

“a) Selling, offering for sale; transporting, included transiting; storing; displaying for sale of goods bearing counterfeit marks or geographical indications;”;

b) Point a Clause 10 shall be amended as follows:

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c) Clause 12 shall be amended as follows:

“12. Additional sanctions:

a) Confiscation of material evidence and means used in the commission of violations, for violations specified in Clauses 1 thru 11 of this Article; except for remedial measures specified in points a, b or c clause 13 of this Articles;

b) Partial or whole suspension of the production, trading of infringing goods, for between 01 and 03 months, for violations specified in Clauses 7 thru 10 of this Article.”;

d) Clause 13 shall be amended as follows:

“13. Remedial measures:

a) Forcible destruction of goods bearing counterfeit marks or geographical indications; raw materials, materials and means used mainly for producing or trading in counterfeit goods or geographical indications that cause harms to the health of humans, domestic animals, plants or environment, for violations specified in Clauses 1 thru 11 of this Article, except for remedial measures specified in point c of this clause;

b) Forcible distribution or use for non­commercial purposes of goods bearing counterfeit marks or geographical indications; raw materials, materials and means used mainly for producing or trading in these goods, after infringing elements on these goods are removed, provided such act does not affect the exercise of the industrial property rights by their holders, does not harm the health of humans, domestic animals, plants and environment, for violations specified in Clauses 1 thru 11 of this Article, except for remedial measures specified in point a or c of this clause;

c) Forcible bringing out of the Vietnamese territory of transit goods or forcible re-export of goods bearing counterfeit marks or geographical indications, or imported means, raw materials and materials used mainly for producing or trading in these goods after infringing elements on these goods are removed, for violations specified in Clauses 1 thru 10 of this Article;

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12. Certain points and clauses of Article 13 shall be amended as follows:

a) Point a Clause 1 shall be amended as follows:

“a) Selling; transporting, included transiting; supplying: storing; displaying for sale of stamps, labels, packages or articles bearing counterfeit marks or geographical indications;”;

b) Point b Clause 8 shall be amended as follows:

“b) Forcible remittance of illicit earnings from the commission of administrative violations specified in Clauses 1 thru 7 of this Article.”.

13. Certain points and clauses of Article 14 shall be amended as follows:

a) Point a Clause 1 shall be amended as follows:

“a) Selling; transporting, included transiting; storing for sale of goods or services affixed with trade indications, thereby misleading as to business entities or activities, trade origin of goods or services or origin, method of production, utilities, quality, quantity or other features of goods or services or conditions for provision of goods or services;”;

b) Clause 17 shall be amended as follows:

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Partial or whole suspension of the production, trading of infringing goods, for between 01 and 03 months, for violations specified in Clauses 8 thru 13 of this Article.”;

c) Clause 18 shall be amended as follows:

“a) Forcible removal or forcible destruction of infringing elements, forcible destruction of infringing goods from which infringing elements cannot be removed, for violations specified in Clauses 1 thru 15 and point b clause 16 of this Article;

b) Forcible removal of infringing means of business, services, or websites, for violations specified in Clause 15 and point b clause 16 of this Article;

c) Forcible change of enterprise name or removal of infringing elements in enterprise name, for violations specified in point a clause 13 and point b clause 15 of this Article; forcible change or withdrawal of domain names, for violation specified in point a Clause 16 of this Article;

d) Forcible remittance of illicit earnings from the commission of administrative violations specified in Clauses 1 thru 13 and point a clause 15 of this Article.”.

14. Certain points and clauses of Article 16 shall be amended as follows:

a) Point c Clause 1 shall be amended as follows:

“c) Confiscate any exhibit or means used for commission of administrative violation which is worth up to 1.000.000 dong;”;

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“d) Confiscate any exhibit or means used for commission of administrative violation which is worth up to 100.000.000 dong;”;

c) Point d Clause 4 shall be amended as follows:

“d) Confiscate any exhibit or means used for commission of administrative violation which is worth up to 350.000.000 dong;”.

15. Certain points and clauses of Article 17 shall be amended as follows:

a) Point c Clause 1 shall be amended as follows:

“c) Confiscate any exhibit or means used for commission of administrative violation which is worth up to 1.000.000 dong;”;

b) Point d Clause 2 shall be amended as follows:

“d) Confiscate any exhibit or means used for commission of administrative violation which is worth up to 100.000.000 dong;”;

c) Point d Clause 4 shall be amended as follows:

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16. Certain points and clauses of Article 18 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. Heads of market management teams, heads of market management division affiliated to Market Management Department of Vietnam may:

a) Impose warning;

b) Fine up to VND 25.000.000;

c) Confiscate material evidence or means used in the commission of administrative violations which is worth up to VND 50.000.000;

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

b) Clause 2 shall be amended as follows:

“2. Directors of the Market Surveillance Operation Departments and Directors of the Market Surveillance Departments at the provincial level affiliated to the Vietnam Directorate of Market Surveillance of Vietnam shall be vested with the following powers:

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b) Fine up to VND 50.000.000;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

d) Confiscate material evidence or means used in the commission of administrative violations;

dd) Apply remedies specified at Clause 3 Article 3 of this Decree.”;

c) The first paragraph of clause 3 shall be amended as follows:

“3. General Director of the Vietnam Directorate of Market Surveillance of Vietnam shall be accorded the following powers:”.

17. Certain points and clauses of Article 19 shall be amended as follows:

a) The first paragraph of clause 1 shall be amended as follows:

 “1. Heads, leaders of Sub-departments of Customs; Leaders of Control Teams affiliated to Departments of Customs of provinces, inter-provinces, central-affiliated cities; Heads of Post-Customs Clearance Inspection Sub-Departments may:”;

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“2. Directors of Sub-departments of Customs, Sub-departments of Post-clearance Inspection, team leaders of provincial Customs Departments, criminal investigation team leaders, smuggling prevention team leaders, leaders of customs control teams at sea and leaders of counterfeit smuggling control teams and leaders of intellectual property right protection teams affiliated to Anti-Smuggling and Investigation Department of Vietnam; Heads of Post-Customs Clearance Inspection Sub-Departments affiliated to Post-Customs Clearance Inspection Department of Vietnam may:

a) Impose warning;

b) Fine up to VND 25.000.000;

c) Confiscate material evidence or means used in the commission of administrative violations which is worth up to VND 50.000.000;

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

c) Point d Clause 3 shall be amended as follows:

“d) Seize any exhibit or means used in commission of administrative violation;”.

18. Certain points and clauses of Article 20 shall be amended as follows:

a) Clause 1 shall be amended as follows:

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a) Impose warning;

b) Fine up to VND 2.500.000;

c) Confiscate material evidence or means used in the commission of administrative violations which is worth up to VND 5.000.000;

d) Apply remedies specified at Point d Clause 3 Article 3 of this Decree.”;

b) Clause 2 shall be amended as follows:

“2. District-level police chiefs, heads of police sections for investigation of crimes related to corruption, economics, smuggling affiliated to provincial police department may:

a) Impose warning;

b) Fine up to VND 25.000.000;

c) Deprive of the right to use practice permits or certificates for a definite period or suspend the business in infringing goods or services for a definite period;

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

c) Point d Clause 3 shall be amended as follows:

“d) Seize any exhibit or means used in commission of administrative violation;”;

d) The first paragraph of clause 4 shall be amended as follows:

“4. Directors of the Police Departments for Investigation of Crimes related to corruption, economics, smuggling may:”.

19. Point d Clause 1 Article 21 shall be amended as follows:

“d) Seize any exhibit or means used in commission of administrative violation;”.

20. Article 21a shall be added to Article 21 as follows:

“Article 21a. Power to make an administrative offense report

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1. Persons authorized to impose administrative penalties in industrial property shall be regulated in Article 16 through Article 21 of this Decree;

2. Persons in police forces, officials and public employees in the agencies from Article 16 through 21 of this Decree who are on duty.”.

21. Clause 2 Article 27 shall be amended as follows:

“2. During the settlement of the case, if the holder of industrial property rights proposes a handling measure or the parties to the case reach an agreement on a handling measure in compliance with the law on intellectual property which does not affect the rights and interests of a third party, consumers and the society, the agency competent to handle the violation shall recognize such handling measure and terminate the handling of the case.”.

22. Point b Clause 2 Article 28 shall be amended as follows:

“b) Lack of grounds to identify the violation after having accepted the written request for handling of the violation;”.

23. Article 31 shall be amended as follows:

a) The first paragraph of clause 31 shall be amended as follows:

 “Article 31. Execution of administrative sanctioning decisions, execution of remedial measures and enforcement of administrative sanctioning decisions”;

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“1. Execution of administrative sanctioning decisions, execution of remedial measures and enforcement of administrative sanctioning decisions prescribed in this Decree shall comply with Law on Handling of Administrative Violations and guiding documents.”;

c) Clause 2 shall be amended as follows:

“2. For decisions which apply remedial measure of forcible change or removal of infringing elements from enterprise name, infringing organizations and individuals shall conduct procedures for changing enterprise name, removing infringing elements from enterprise name at business registration agencies within 60 days after the effective day of decisions on sanctioning administrative violations.

After the time limit mentioned above, if infringing organizations and individuals fail to carry out procedures for changing enterprise name, removing infringing elements from enterprise name, agencies issuing decisions on sanctioning administrative violations shall request the business register agencies to withdraw certificate of business register.

The business register agencies shall withdraw certificates of business register as prescribed by law.

The holder of industrial property rights shall provide adequate documents as required and cooperate with competent authorities during the handling of the infringing enterprise name.”;

d) Clause 3 shall be amended as follows:

“3. For decisions on sanctioning administrative violations which apply remedial measure of forcible change of information about domain names or return of domain names, organizations and individuals shall conduct procedures for changing information of domain names or returning domain names at agencies managing domain names, within 30 days after the effective day of decisions on sanctioning administrative violations.

After the time limit mentioned above, if infringing organizations and individuals fail to carry out procedures for changing information about domain names, or returning domain names, agencies issuing decisions on sanctioning administrative violations shall request the agencies managing domain names to revoke such domain names.

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The domain name registrar shall send a notice of domain name revocation to the domain name user, revoke the domain name and send a report to the agency that manages the domain name upon completion of the revocation.”;

24. Certain points and clauses of Article 32 shall be amended as follows:

a) The first paragraph of clause 32 shall be amended as follows:

“Article 32. Modification, rectification, cancellation of administrative sanctioning decisions or issuance of new sanctioning decisions”

b) Clause 1 shall be amended as follows:

“1. In case a decision on the settlement of a dispute on industrial property is issued by a competent agency within 90 days from the date of issuance of an administrative sanctioning decision, leading to a change in grounds and contents of the administrative sanctioning decision, a person with sanctioning competence shall issue a decision to modify or cancel partially or wholly the validity of the issued administrative sanctioning decision or issue a new sanctioning decision to make it consistent with the dispute settlement decision.”;

c) Points a, b Clause 2 shall be amended as follows:

“a) Requesting the State Treasury that has collected the fine to refund partially or wholly the fine amount remitted under the decision on modification, cancellation of the sanctioning decision or issuance of new sanctioning decision at the request of the organization or individual that has paid the fine.  The request for fine refund may be accepted within 90 days after the date of issuance of the decision on modification, cancellation of the sanctioning decision or issuance of new sanctioning decision;

b) Returning the goods, article or means of business which has been seized or confiscated but not yet handled. In case such goods, article or means of business has been handled, the organization or individual that has requested the violation handling shall pay a compensation to the handled organization or individual according to the commitment realized upon requesting the violation handling, if any.”;

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“3. Except as provided in clause 1 of this Article, the modification, rectification, cancellation of sanctioning decision or issuance of new sanctioning decision in other cases shall comply with the law on handling of administrative violations.”.

Article 2. Amendments to Decree No. 119/2017/ND-CP dated November 1, 2017 of the Government on penalties for administrative violations against regulations on standards, measurement and quality of goods

1. Clause 2 Article 1 shall be amended as follows:

“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 regulations on state management.”.

2. Point a Clause 2 Article 2 shall be amended as follows:

“a) Suspension of the certificate of conformity assessment registration  (certificate of certification/testing/assessment/inspection registration); decision on appointment of conformity assessment body (certification/testing/assessment/inspection); certificate of registration of providing inspection/calibration/testing of measuring instrument/measurement standard services; decision on appointment of measurement standard for inspection/calibration of measuring instruments; decision on appointment of conformity assessment organization; decision on approval for measuring instrument samples; certificate of eligibility for use of quantity marking on pre-packaged goods labels; certificate of identification number and/or barcode use rights; certificate of accreditation registration; certificate of registration of award consideration, certificate of transportation of dangerous goods; certificate of petrol and oil/gas preparation registration; certificate of eligibility for business for 1 – 12 months.”.

3. Points b, dd clause 3 Article 2 shall be amended and point d1 Clause 3 shall be added to Article 2 as follows:

a) Point b shall be amended as follows:

‘b) Compulsory bringing out of the Socialist Republic of Vietnam or compulsory re-export of infringing goods, objects, equipment and means.”;

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 “d1) Enforced inspection of measurement instruments; compulsory presentation of units of measurement instruments; compulsory restoration of original state of measurement instruments; compulsory repacking of pre-packed goods; compulsory statement of quantity of pre-packed goods, compulsory representation of measurement units of pre-packed goods;”;

c) Point dd shall be amended as follows:

“dd) Forcible remittance of illicit earnings from the commission of administrative violations if such illicit earnings are justifiably determined or forcible remittance of an amount equal to value of material evidence or means of administrative violation which have been sold, dispersed or destroyed in contrary to provisions of law.”.

4. Article 2a shall be added to Article 2 as follows:

“Article 2a. Execution of sanctioning decisions, execution of remedial measures and enforcement of sanctioning decisions:

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

5. Point d Clause 3 Article 3 shall be amended as follows:

“d) Public service providers and other organizations as per the law.”.

6. Article 5 shall be amended as follows:

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1. A fine of between VND 5.000.000 and 10.000.000 for production, import, sale and use of reference substances or measurement standards that do not show statutory measurement units.

2. A fine of between VND 10.000.000 and 20.000.000 for any of the following acts:

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

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

3. A fine of between VND 20.000.000 and 40.000.000 for production, import or sale of reference substances/measurement standards not satisfying 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) Compulsory bringing out of the Socialist Republic of Vietnam or enforced revocation of and enforced re-export of reference substances/measurement standards;

b) Enforced revocation and change of intended use of reference substances/measurement standards;

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

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“1. A fine of between VND 5.000.000 and 10.000.000 for non-specification of statutory measurement units.”.

8. Point c Clause 3 Article 6 shall be added as follows:

“c) Production of group 1 measuring instruments not satisfying technical measurement requirements declared by the entity,”.

9. Clause 6 Article 6 shall be amended as follows:

“6. Remedial measures:

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

b) Compulsory inspection, calibration of group 1 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 confiscation of sold measuring instruments; enforced revocation and change of intended use of measurement instruments; enforced revocation of measuring instruments that cause harm to human’s health, livestock, plants, fishery and environment.”.

10. Clause 1 Article 7 shall be amended as follows:

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11. Point c Clause 3 Article 7 shall be amended as follows:

“c) Import of group 1 measuring instruments not satisfying technical measurement requirements declared by the entity;”.

12. Clause 6 Article 7 shall be amended as follows:

“6. Remedial measures:

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

b) As for the violations as prescribed in clause 1, point c clause 3, clause 4 of this Article, apply remedial measures in the following order of priority: compulsory bringing out of the Socialist Republic of Vietnam or enforced revocation of and enforced re-export of measurement instruments; enforced revocation and change of intended use of measurement instruments; enforced revocation of measuring instruments that cause harm to human’s health, livestock, plants, fishery and environment.”.

13. Clause 5 of Article 8 shall be amended as follows:

“5. Remedial measures:

a) Enforced inspection and calibration of the group 2 measuring instrument repaired before being put into use for violations specified in Clause 2 of this Article;

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

14. Clause 1 of Article 9 shall be amended as follows:

A fine of between VND 2.000.000 and 4.000.000 for non-specification of statutory measurement units on group 2 measuring instruments.”.

15. Clause 2 of Article 9 shall be amended as follows:

“2. A fine of between VND 5.000.000 and 10.000.000 for any of the following acts:

a) Sale of group 2 measuring instruments whose samples have not been approved;

b) Sale of group 2 measuring instruments whose samples are not satisfactory to those approved by a competent authority;

c) Sale of group 1 measuring instruments not satisfying technical measurement requirements declared by the seller.”.

16. Clause 3 of Article 9 shall be amended as follows:

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a) Enforced revocation of measurement instruments in circulation for the violations in clause 1 hereof;

b) As for the violations as prescribed in points a, b and c clause 2 of this Article, apply remedial measures in the following order of priority: enforced revocation and change of intended use of measurement instruments; enforced revocation of measuring instruments that cause harm to human’s health, livestock, plants, fishery and environment;

c) Enforced transfer of the illegal profit earned from committing the violation specified in point b clause 1, points b and c clause 2 of this Article to state budget.”.

17. Point b clause 6 Article 10 shall be amended as follows:

“b) Operation of the inspecting authority shall be suspended for 1 - 3 months in case of the violations specified in clause 4 of this Article.”.

18. Clause 7 of Article 10 shall be amended as follows:

“7. Remedial measures:

a) 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 profit earned from committing the violation specified in clause 3, points b and c clause 4 of this Article to state budget.”.

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“a) 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;”.

“c) Operation of the inspecting authority shall be suspended for 1 - 3 months in case of the violations specified in Clauses 2, Clauses 3, 4 and 5 of this Article.”.

20. Clause 7 of Article 11 shall be amended as follows:

“7. 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;

b) Enforced transfer of the illegal profit earned from committing the violation specified in clause 2, 3, 4 and 5 of this Article to state budget.”.

21. Clause 2 of Article 14 shall be amended as follows:

“2. 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 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.”.

22. Clause 2a shall be added to clause 2 Article 14 as follows:

 “2a. Additional sanctions:

Confiscation of the amount of illicit profits obtained by committing violations specified in Clause 2 of this Article."

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"dd) The non-suitable number of units of prepackaged goods exceeds the regulations; ".

24. Clause 2 Article 15 shall be amended as follows:

“2. 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 product owner 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;

b) A fine of from VND 10.000.000 to VND 20.000.000 if the illegal profit is exceeding VND 10.000.000 but not exceeding VND 50.000.000;

c) A fine of from VND 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;

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

25. Clause 2a shall be added to clause 2 Article 15 as follows:

 “2a. Additional sanctions:

Confiscation of the amount of illicit profits obtained by committing violations specified in Clause 2 of this Article."

26. Clause 3 Article 15 shall be amended as follows:

“3. Remedial measures:

a) Enforced specification of the quantity of pre-packed goods, forcing the expression of the measuring unit, enforced specification of the quantitative mark of prepackaged goods produced as prescribed before continuing to put into circulation for violations specified in Point a Clause 1 of this Article;

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

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"d) Sale of pre-packed goods with the number of units exceeding the regulations; ".

28. Clause 2 Article 16 shall be amended as follows:

“2. The fine 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 product owner or regulated by a competent authority for illegal profit:

a) A fine of from VND 2.000.000 to VND 5.000.000 if the illegal profit is not exceeding VND 10.000.000;

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;

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

29. Clause 2a shall be added to clause 2 Article 16 as follows:

 “2a. Additional sanctions:

Confiscation of the amount of illicit profits obtained by committing violations specified in Clause 2 of this Article."

30. Clause 3 Article 16 shall be amended as follows:

“3. Remedial measures:

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

31. Article 17 shall be amended as follows:

“Article 17. Violations against regulations on declaration of applicable standards except for violations in the field of food safety

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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 not exceeding VND 10.000.000;

b) A fine of from VND 1.000.000 to VND 2.000.000 if the illegal goods are exceeding VND 10.000.000 but not exceeding VND 20.000.000;

c) A fine of from VND 2.000.000 to VND 4.000.000 if the illegal goods are exceeding VND 20.000.000 but not exceeding VND 40.000.000;

d) A fine of from VND 4.000.000 to VND 8.000.000 if the illegal goods are exceeding VND 40.000.000 but not exceeding VND 80.000.000;

dd) A fine of from VND 8.000.000 to VND 15.000.000 if the illegal goods are exceeding VND 80.000.000 but not exceeding VND 150.000.000;

e) A fine of from VND 15.000.000 to VND 30.000.000 if the illegal goods are exceeding VND 150.000.000 but not exceeding VND 300.000.000;

g) A fine of from VND 30.000.000 to VND 100.000.000 if the illegal goods are exceeding 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 satisfactory to corresponding technical regulations or regulations of a competent authority.

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5. A fine equal to 2 – 3 times the total value of illegal goods consumed shall be imposed if the declared standards of produced/imported goods are against corresponding technical regulations or regulations of the competent authority.

6. A fine of between VND 10.000.000 and 20.000.000 for any of the following acts:

a) Failure to fulfill 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.

7. Remedial measures:

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

b) Enforced revision of declared standards and re-compliance with declaration of applicable 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 declared standards in case of the violation specified in Clause 5 of this Article.”.

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a) The first paragraph of clause 2 Article 18 shall be amended as follows:

“2. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for any of the following violations:

b) Point e shall be added to Clause 2 Article 18 as follows:

 "e) Failing to submit a certified true copy of certificate of quality or certificate of assessment to the inspecting agency within the prescribed time limit for imports and the legal document prescribes measures for management according to the results of certification and assessment of the certification authority or assessment authority that has been registered or acknowledged by regulations of law.”;

c) Clause 5 Article 18 is amended as follows:

“5. 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 bringing out of the Socialist Republic of Vietnam or enforced re-export of imports

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

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33. Clause 1a shall be added to clause 1 Article 19; the first paragraph of clause 3, point e clause 3 and clause 6 Article 19 shall be amended; clause 3a shall be added to clause 3 Article 19 as follows:

a) Clause 1a shall be added to Clause 1 Article 19 as follows:

 “1a. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to submit the result of conformity self-assessment to the inspecting agency within the prescribed time limit for group 2 imports in case the national technical regulation prescribes measures for declaration of regulation conformity according to the result of conformity self-assessment of organizations and individuals;

b) Failing to submit a certified true copy of certificate of quality or certificate of assessment to the inspecting agency within the prescribed time limit for group 2 imports in case the national technical regulation prescribes measures for declaration of regulation conformity according to the result of certification and assessment of the certification authority or assessment authority that has been registered or acknowledged by regulations of law.”;

b) The first paragraph of clause 3 Article 19 shall be amended as follows:

“3. A fine of from VND 30.000.000 to VND 40.000.000 shall be imposed for the commission of one of the following violations in production of goods that are subject to declaration of regulation conformity according to regulations of the national technical regulation.

c) Point e Clause 3 Article 19 shall be amended as follows:

“e) Using banned additives, chemicals or antibiotics in production of goods, except for production or preparation for food;";

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 “3a. A fine of from VND 50.000.000 to VND 100.000.000 shall be imposed for the commission of one of the following violations in production or import of goods that are subject to declaration of regulation conformity according to regulations of the national technical regulation:

a) Failing 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 authority or assessment authority that has been registered or acknowledged by regulations of law; self-assessment of compliance carried out by the importer;

b) Failing to carry out certification of regulation conformity in production or import of goods that are subject to certification of regulation conformity carried out by a certification authority or assessment authority that has been appointed according to regulations of the Law or using the expired certificate of regulation conformity or conformity marking;

dd) Clause 6 Article 19 shall be amended as follows:

“6. 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 bringing out of the Socialist Republic of Vietnam or enforced re-export of imports

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

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

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“Article 20. Violations against regulations on quality of goods for sale, except for violations in in the field of food safety”.

35. Clause 6 Article 20 shall be amended as follows:

“6. A fine equal to 2 – 3 times the value of illegal goods consumed shall be imposed for commission of one of the following violations:

a) The goods are replaced, have ingredients or additives added or removed, impurities mixed or contain substances that reduce the quality of goods or fail to satisfy the declared standards.

b) The sold goods have quality not satisfying corresponding technical regulations or regulations of a competent authority;

c) The sold goods have not been carried out measures for management according to regulations of corresponding national technical regulations or have not been carried out certification of regulation conformity or assessment in conformity with technical regulation within the prescribed time limit for group 2 goods”.

36. Clause 7 Article 20 shall be amended as follows:

“7. A fine equal to 3– 5 times the value of illegal goods consumed shall be imposed if replacing, adding or removing ingredients or additives, mixing impurities or containing substances that affect safety of human, animals, fishery, property, plants and the environment; reduce the quality of goods or fail to satisfy corresponding technical regulations or regulations of the competent authority.

37. Clause 9 Article 20 shall be amended as follows:

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

a) Enforced revocation and change of intended use;

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

38. Some Points, Clauses of Article 21 shall be amended as follows:

a) Points c, d Clause 3, Article 21 shall be added as follows:

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

d) Carrying out assessment of conformity beyond the registered scope;

b) The first paragraph of clause 2 Article 21 shall be amended as follows:

“2. A fine of from VND 50.000.000 to VND 100.000.000 shall be imposed for the commission of one of the following violations:

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“a) Carrying out assessment of conformity serving state management when the decision on appointment has expired;

d) Points d, dd Clause 4 Article 21 shall be added as follows:

“d) Carrying out assessment of conformity without registration thereof granted by a competent authority;

dd) Carrying out assessment of conformity serving state management without appointment;

d) The first paragraph of clause 3 Article 21 shall be amended as follows:

“3. A fine of from VND 100.000.000 to VND 150.000.000 shall be imposed for the commission of one of the following violations:

e) The first paragraph of clause 4 Article 21 shall be amended as follows:

“4. A fine of from VND 150.000.000 to VND 300.000.000 shall be imposed for commission of one of the following violations:

g) Clause 5 Article 21 shall be amended as follows:

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

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

d) The assessment of conformity shall be suspended for 1 – 3 months in case of the violations specified in Point a Clause 1 of this Article.”;

h) Clause 6 Article 21 shall be amended as follows:

“6. Remedial measures:

a) Enforced revocation of assessment results of conformity 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;

b) Enforced return of benefits illegally obtained from the commission of the violation in Point b, Clause 1 or Points a,b,c,d,e and g Clause 2, Clauses 3 and 4 of this Article;”.

39. Some Points, Clauses of Article 23 shall be amended as follows:

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“1. 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 accreditation results registered.

b) The first paragraph of clause 2 shall be amended as follows:

“2. A fine of from VND 50.000.000 to VND 100.000.000 shall be imposed for the commission of one of the following violations:

c) Point dd, e Clause 2 shall be amended as follows:

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

e) Carrying out accreditation beyond the registered scope;

d) The first paragraph of clause 3 shall be amended as follows:

“3. A fine of from VND 100.000.000 to VND 150.000.000 shall be imposed for the commission of one of the following violations:

dd) Point c Clause 4 shall be amended as follows:

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e) The first paragraph of clause 4 shall be amended as follows:

A fine of from VND 150.000.000 to VND 300.000.000 shall be imposed for the commission of one of the following violations:

g) Clause 5 shall be amended as follows:

“5. Additional penalties:

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

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

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

d) The accreditation shall be suspended for 01 - 03 months in case of commission of the violation specified in Clause 1 of this Article;

h) Clause 6 shall be amended as follows:

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

b) Enforced return of benefits illegally obtained from the commission of the violation in Points a,b,dd,e clause 2; points b,c Clauses 3 and 4 of this Article;”.

40. Point d,dd Clause 2 Article 24 shall be amended as follows:

“d) Using false documents to register provision of inspection/calibration/testing of measuring instrument or measurement standard services or apply for provision thereof; register certification/ testing/ assessment/ inspection/ accreditation/ training/consulting/prize consideration or apply for certification/testing/assessment/inspection; apply for the certificate of measurement standards or certificate of measurement inspector; apply for the certificate of petrol and oil/gas preparation registration; register for state inspection of the quality of imports, certificate of eligibility for use of quantity marking on pre-packaged goods labels, license for transportation of dangerous goods or certificate of barcode use rights;

dd) Falsifying contents of the certificate of registration of providing inspection/calibration/testing of measuring instrument or measurement standard services; decision on appointment of inspection/calibration/testing of measuring instruments/measurement standards; certificate of certification/ testing/ assessment/ inspection/ accreditation/ training/ consulting/prize consideration registration; decision on appointment of certification/testing/assessment/inspection organization; decision on certification of measurement standards, decision on certification of, issue of card of measurement inspector; certificate of petrol and oil/gas preparation registration; registration of state inspection of the quality of imports, certificate of eligibility for use of quantity marking on pre-packaged goods labels; license for transportation of dangerous goods or certificate of barcode use rights.

41. Point c Clause 4 Article 24 shall be added as follows:

“c) Enforced return of the certificate of standard conformity; certificate of regulation conformity; conformity marking; quantity marking on pre-packaged goods; certificate of certification/ testing/assessment/inspection/accreditation, test/inspection/assessment results of quality; stamp, marking or certificate of inspection/calibration; certificate of registration of providing inspection/calibration/testing of measuring instrument or measurement standard services; decision on appointment of inspection/calibration/testing of measuring instruments/ measurement standards; certificate of certification/ testing/ assessment/ inspection/ accreditation/training/consulting/prize consideration registration; decision on appointment of certification/testing/assessment/inspection organization; decision on certification of measurement standards, decision on certification of, issue of card of measurement inspector; certificate of petrol and oil/gas preparation registration; certificate of eligibility for use of quantity marking on pre-packaged goods labels; license for transportation of dangerous goods or certificate of barcode use rights in case of the violation specified in Clause 2 this Article.

42. Some Clauses of Article 25 shall be amended as follows:

a) Clause 1 shall be amended as follows:

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b) Clause 3 shall be amended as follows:

“3. A fine of from VND 70.000.000 to VND 100.000.000 shall be imposed for the commission of one of the following violations:

a) Considering rewards for quality of goods when registration thereof has not been granted by a competent authority;

b) Failing to failure to make reports on remedial measures for violations required by a competent authority.”;

c) Clause 4 shall be amended as follows:

“4. Additional penalties:

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

d) Clause 5 shall be amended as follows:

“5. Remedial measures:

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b) Enforced return of benefits illegally obtained from the commission of the violation in Clause 1; Points a,b and c Clause 2 and Clauses 3 of this Article;”.

43. Clause Article 27 shall be amended as follows:

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

1. A fine of from VND 30.000.000 to VND 70.000.000 shall be imposed for the commission of one of the following violations:

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

b) Using the expired license for transportation of dangerous goods;

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

d) Failing to use materials used to make packages and containers of dangerous goods on the vehicles in accordance with regulations, declared standards, technical regulations of packages and containers corresponding to each type of substances, each group of dangerous goods under the licensing competence;

dd) A vehicle driver, storekeeper, escort or person loading and unloading goods in case of 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 with the expired certificate of completion of training course;

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g) Failing to have a declaration of dangerous goods sent by the hirer who hires transportation of dangerous goods (hereinafter referred to as “the hire”) to the carrier before loading the goods on the vehicle; failing to buy insurance for dangerous goods when transporting them on the railway according to regulations;

h) Carrier not displaying the dangerous logo of the type or group of dangerous goods that are being transported according to regulations; failing to fully comply with the notification of the hirer and regulations in the license for transport dangerous goods; failing to buy insurance in accordance with regulations of the Law in case of transportation on railways;

i) Vehicle driver not bringing documents on transportation of dangerous goods provided by the hirer according to regulations; failing to comply with regulations in the license for transport dangerous goods; failing to make records, report to the nearest People's Committees of communes and relevant agencies in order to promptly handling in case of detection of incidents that threaten the safety of people, vehicles, the environment and other goods or traffic accidents throughout transportation; failing to report to superior bodies and hirers for prompt handling in case of excess of capacity for handling;

k) Failing to take remedial measures for violations required by a competent authority.

2. Additional penalty:

44.  Article 29 shall be amended as follows:

“Article 29. Violations against regulations on production and preparation of petrol and oil

1. A fine of from VND 40.000.000 to VND 60.000.000 shall be imposed for the commission of one of the following violations:

a) Production and preparation of petrol and oil without registration

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c) Using the expired certificate of petrol and oil preparation registration;

d) Using uncommon additives and preparations to prepare petrol and oil without the consent of the competent authority;

dd) Production or preparation of petrol and oil at a location that is not the location for production or preparation according to the certificate of petrol and oil preparation registration

2. Additional penalties:

a) The certificate of petrol and oil preparation registration shall be suspended for 1 - 6 months in case of the violations specified in Point d Clause 1 this Article;

b) Exhibits used for administrative violation commitment mentioned in points b and dd Clause 1 of this Article shall be confiscated;

45. Article 29a shall be added to Article 29 as follows:

“Article 29a. Violations against regulations on production and preparation of gas

1. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for the commission of one of the following violations:

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b) Failing to notify the competent authority of the standard of the additives used to prepare the gas according to regulations.

2. A fine of from VND 40.000.000 to VND 60.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to have a laboratory to check the quality of gas or have a minimum one-year lease contract with a trader or organization with the laboratory that has registered in accordance with regulations of the Law, with a trader or organization that is fully capable for checking the criteria on the quality of gas according to declared standards and national technical regulations;

b) Production or preparation of gas at a location that is not the location for preparation according to the Self-Declaration of conformity with conditions for preparation sent to the competent management authority.

3. Additional penalties:

b) Exhibits used for administrative violation commitment mentioned in points b Clause 1, point b Clause 2 of this Article shall be confiscated;

46. The first paragraph of Clause 1 Article 30 shall be amended as follows:

 “1. A fine of from VND 500.000 to VND 1.000.000 shall be imposed for any of the following violations if the illegal goods are not exceeding VND 5.000.000, except for goods imported into Vietnam having the original labels with the contents that are illegible according to regulations of the Law without being remedied by the importers; goods imported into Vietnam having the original labels without auxiliary labels in case of customs clearance procedure.”.

47. Clause 3 Article 30 shall be amended as follows:

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a) Enforced recall of goods and labelling in accordance with regulations before circulation; enforced destruction of illegal labels; enforced destruction or change of intended use 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 remittance of an amount equal to value of material evidence or means of administrative violation which have been sold, dispersed or destroyed in contrary to regulations of law in case of violations specified in this Article.

48. Clause 1 Article 31 shall be amended as follows:

“1. A fine of from VND 500.000 to VND 1.000.000 shall be imposed for any of the following violations if the illegal goods are not exceeding VND 5.000.000, except for goods imported into Vietnam having the original labels with the contents that are illegible according to regulations of the Law without being remedied by the importers; goods imported into Vietnam having the original labels without auxiliary labels in case of carrying out the customs clearance procedure:

a) Produce, import, transport, store and trade in goods that have labels (including stamps or auxiliary labels) or enclosed documents without specifying compulsory contents on the goods labels in accordance with regulations of law on goods labeling;

b) Import, transport, store and trade in goods that have original labels in a foreign language without auxiliary labels in Vietnamese.

49. Clause 2 Article 31 shall be amended as follows:

"2. The fines for the violation specified in Clause 1 this Article if the illegal goods are exceeding VND 3.000.000:

a) A fine of from VND 1.000.000 to VND 3.000.000 if the illegal goods are exceeding VND 5.000.000 but not exceeding VND 10.000.000;

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c) A fine of from VND 7.000.000 to VND 10.000.000 if the illegal goods are exceeding VND 20.000.000 but not exceeding VND 30.000.000;

d) A fine of from VND 10.000.000 to VND 15.000.000 if the illegal goods are exceeding VND 30.000.000 but not exceeding VND 50.000.000;

dd) A fine of from VND 15.000.000 to VND 20.000.000 if the illegal goods are exceeding VND 50.000.000 but not exceeding VND 70.000.000;

e) A fine of from VND 20.000.000 to VND 25.000.000 if the illegal goods are exceeding VND 70.000.000 but not exceeding VND 100.000.000;

g) A fine of from VND 25.000.000 to VND 30.000.000 if the illegal goods are exceeding 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.”.50. The first paragraph of Clause 3 Article 31 shall be amended as follows:

"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 labeled goods including original labels or auxiliary ones 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.“.

51. Point n Clause 3 Article 31 shall be amended as follows:

“n) 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, 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.

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“4. The fines for trading in goods without compulsory labels; without original labels or with  original labels not specifying compulsory contents on the goods or with falsified original labels:

a) A fine of from VND 1.000.000 to VND 3.000.000 if the illegal goods are not exceeding VND 5.000.000;

b) A fine of from VND 3.000.000 to VND 5.000.000 if the illegal goods are exceeding VND 5.000.000 but not exceeding VND 10.000.000;

c) A fine of from VND 5.000.000 to VND 10.000.000 if the illegal goods are exceeding VND 10.000.000 but not exceeding VND 20.000.000;

d) A fine of from VND 10.000.000 to VND 15.000.000 if the illegal goods are exceeding VND 20.000.000 but not exceeding VND 30.000.000;

dd) A fine of from VND 15.000.000 to VND 25.000.000 if the illegal goods are exceeding VND 30.000.000 but not exceeding VND 50.000.000;

e) A fine of from VND 25.000.000 to VND 35.000.000 if the illegal goods are exceeding VND 50.000.000 but not exceeding VND 70.000.000;

g) A fine of from VND 35.000.000 to VND 50.000.000 if the illegal goods are exceeding VND 70.000.000 but not exceeding VND 100.000.000;

h) A fine of from VND 50.000.000 to VND 60.000.000 if the illegal goods are exceeding VND 100.000.000;

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53. Clause 7 Article 31 shall be amended as follows:

“7. Additional penalties:

a) Confiscate exhibits used for commission of administrative violation which are 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, for violations specified in Clause 3 of this Article;

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

54. Clause 8 Article 31 shall be amended as follows:

“8. Remedial measures:

a) As for the violations specified in clauses 1,2 and 4 of this Article, the remedial measures shall apply in the following order of priority: compulsory bringing out of the Socialist Republic of Vietnam or enforced re-export of imports; enforced recall of goods and labelling in accordance with regulations before circulation; enforced recall and destruction of illegal labels; enforced destruction or change of intended use of goods having illegal labels in case it is impossible to remove the illegal labels from the goods;

b) Enforced recall of goods and 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 commission of violations specified in Clause 3 of this Article;

c) Enforce remittance of an amount equal to value of material evidence or means of administrative violation which have been sold, dispersed or destroyed in contrary to regulations of law in case of violations specified in this Article.

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“b) Using codes and barcodes in case of the expired certificate of barcode use rights;

e) Declaring information about codes and barcodes on the national identification number database not in line with real information about the trade item using the GTIN or location using the GLN; using trace codes, tags, stamps, labels or formats according to an appropriate method to provide information on the original of products and goods without data or with data having the contents and data in contrary to regulations; attaching tags, stamps, labels or formats according to an appropriate method to provide information about the original of products and goods without declaring or updating information in accordance with regulations on the forms, contents of tags, stamps, labels or formats according to an appropriate method”.

56. Clause 1a shall be added to Clause 1 Article 32 as follows:

 “1a. Failing 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 barcode  The maximum fine is VND 50.000.000.

b) Remedial measures:

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

57. Point a Clause 3 Article 32 shall be amended as follows:

“a) 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

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“b) Provide false information about the owner or user of legal GS1 barcodes that are granted by the competent state authority in Vietnam.

“c) Developing and providing services, solutions and applications based on barcodes of the competent state authority of Vietnam without permission.

59. Clause 6 Article 32 shall be amended as follows:

“6. 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 violations specified in Clauses 2 and 3 of this Article;

b) Enforced return of benefits illegally obtained from the commission of the violation in Clause 4 of this Article;”.

60. Point c Clause 1 Article 34 shall be amended as follows:

“c) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 1.000.000 upon an individual, VND 2.000.000 upon an organization;”;

61. The first paragraph of Clause 2 Article 34 shall be amended as follows:                     

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“d) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 100.000.000 upon an individual, VND 200.000.000 upon an organization;”;

63. Point d Clause 3 Article 34 shall be amended as follows:

“d) Confiscate material evidences and/or means used for administrative violations in the metrology, 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;”

64. The first paragraph of Clause 3 Article 34 shall be amended as follows:

“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:

65. Point c Clause 1 Article 35 shall be amended as follows:

“c) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 10.000.000 upon an individual, VND 20.000.000 upon an organization;”;

66. Point b Clause 2 Article 35 shall be amended as follows:

“b) Impose a fine of VND 50,000,000 upon an individual and VND 100,000,000 upon an organization in the metrology, a fine of VND 75.000.000 upon an individual and VND 150.000.000 upon an organization in the standards and quality of products and goods.

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“d) Confiscate exhibits and/or means used for administrative violations;”.

68. The first paragraph of Clause 2 Article 36 shall be amended as follows:

“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:

69. The first paragraph of Clause 3 Article 36 shall be amended as follows:

“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:

70. Point c Clause 3 Article 36 shall be amended as follows:

“c) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 5.000.000 upon an individual, VND 10.000.000 upon an organization;”;

71. Clause 4 Article 36 shall be amended as follows:

“4. Heads of District-level Police Authorities, Managers of Specialized Departments of Traffic Police Departments and Heads of Provincial-level Police Departments, including Heads of Police Departments for Waterway Navigation, Heads of Traffic Police Departments, Heads of Police Departments for Investigation into Social Order-related Crimes, Heads of Police Departments for Administrative Management of Social Order, Heads of Police Departments for Investigation into Corruption, Economy and Smuggling-related Crimes, Heads of Environment Police Departments, Heads of Police Departments for Investigation into Drug-related Crimes, Heads of Road-Rail Traffic Divisions, Heads of Road Traffic Divisions, Heads of Internal Political Security Departments, Heads of Economic Security Departments shall have power to:

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“d) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 50.000.000 upon an individual, VND 100.000.000 upon an organization;”;

73. Point b Clause 5 Article 36 shall be amended as follows:

“b) Impose a fine of VND 50.000.000 upon an individual and VND 100.000.000 upon an organization in the metrology, a fine of VND 75.000.000 upon an individual and VND 150.000.000 upon an organization in the standards and quality of products and goods.

74. Point d Clause 5 Article 36 shall be amended as follows:

“d) Confiscate exhibits and/or means used for administrative violations;”.

75. The first paragraph of Clause 6 Article 36 shall be amended as follows:

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

76. Point d Clause 6 Article 36 shall be amended as follows:

“d) Confiscate exhibits and/or means used for administrative violations;”.

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“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:

78. The first paragraph of Clause 3, Point c Clause 3 Article 37 shall be amended as follows:

“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:

“c) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 50.000.000 upon an individual, VND 100.000.000 upon an organization;”;

79. Point d Clause 4 Article 37 shall be amended as follows:

“d) Confiscate exhibits and/or means used for administrative violations;”.

80. Point c Clause 2 Article 38 shall be amended as follows:

“c) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 50.000.000 upon an individual, VND 100.000.000 upon an organization;”;

81. The first paragraph of Clause 3 Article 38 shall be amended as follows:

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82. Point c Clause 3 Article 38 shall be amended as follows:

“c) Confiscate material evidences and/or means used for administrative violations;

83. The first paragraph of Clause 4 Article 38 shall be amended as follows:

"4. Director General of Vietnam Directorate of Market Surveillance shall have the power to:

84. Clause 2a shall be added to Clause 2 Article 39 as follows:

 “2a. 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:

a) Issue warnings;

b) Impose a maximum fine of VND 10.000.000 upon an individual and VND 20.000.000 upon an organization;

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

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85. The first paragraph of Clause 3 Article 39 shall be amended as follows:

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

86. Points c, d Clause 3 Article 39 shall be amended as follows:

“c) Confiscate material evidences and/or means used for administrative violations in the metrology, with value of not over VND 40.000.000 upon an individual, VND 80.000.000 upon an organization; the 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) Enforce remedial measures mentioned in Points a, b, g, h and i Clause 3 Article 2 of this Decree.

87. Clause 3a shall be added to Clause 3 Article 39 as follows:

 “3a. Commanders of Crime and Drug Prevention and Control Brigades affiliated to Crime and Drug Prevention and Control Department of Border Guard High Command shall have the power to:

a) Issue warnings;

b) Impose a fine of VND 50.000.000 upon an individual and VND 100.000.000 upon an organization in the metrology, a fine of VND 75.000.000 upon an individual and VND 150.000.000 upon an organization in the standards and quality of products and goods.

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

88. The first paragraph of Clause 4 Article 39 shall be amended as follows:

“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:

89. Point dd Clause 4 Article 39 shall be amended as follows:

“dd) Enforce remedial measures mentioned in Points a, b, dd, g, h and i Clause 3 Article 2 of this Decree.”

90. Point c Clause 4; the first paragraph and point c Clauses 5 and 6 Article 40 shall be amended as follows:

a) Point c Clause 4 shall be amended as follows:

“c) Confiscate material evidences and/or means used for administrative violations in the metrology, with value of not over VND 40.000.000 upon an individual, VND 80.000.000 upon an organization; the 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;”

b) The first paragraph of Clause 5 shall be amended as follows:

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c) Point c, Clause 5 shall be amended as follows:

“c) Confiscate material evidences and/or means used for administrative violations in the metrology, with value of not over VND 60.000.000 upon an individual, VND 120.000.000 upon an organization; the 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;”

d) Clause 6 shall be amended as follows:

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

a) Issue warnings;

b) Impose a fine of VND 50.000.000 upon an individual and VND 100.000.000 upon an organization in the metrology, a fine of VND 75.000.000 upon an individual and VND 150.000.000 upon an organization in the standards and quality of products and goods.

c) Suspend licenses/practicing certificates for fixed periods;

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

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

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“c) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 1.000.000 upon an individual, VND 2.000.000 upon an organization;”;

92. The first paragraph of Clause 2 Article 41 shall be amended as follows:

 “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:

93. Point d Clause 2 Article 41 shall be amended as follows:

“d) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 100.000.000 upon an individual, VND 200.000.000 upon an organization;”.

94. Point d Clause 4 Article 41 shall be amended as follows:

“d) Confiscate material evidences and/or means used for administrative violations in the metrology, with value of not over VND 140.000.000 upon an individual, VND 280.000.000 upon an organization; the 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;”

95. The first paragraph of Clause 5 Article 41 shall be amended as follows:

“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:

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“1. 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.

Article 3. Amendments to some articles of 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

1. Clause 11, 12 and 13 shall be added to Article 4 as follows:

“11. Enforced disclosure of science and technology tasks

12. Enforced making of performance review reports in accordance with regulations.

13. Enforced registration of change and amendments to certificates of registration of scientific and technological operations.”.

2. Clause 4a shall be added to Clause 4 as follows:

“Article 4a. Execution of administrative sanctioning decisions, execution of remedial measures and enforcement of administrative sanctioning decisions

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

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a) Clause 2 shall be amended as follows:

“2. A fine of from VND 2.000.000 to VND 4.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to carry out or carry out disclosure of science and technology tasks performed by using state budget allocations assigned to competent regulatory authorities;

b) Failing to register achievements in scientific and technological tasks performed by using state budget allocations assigned to competent regulatory authorities.";

b) Clause 3 shall be added to Clause 2 as follows:

“3. Remedial measures:

Enforced disclosure of science and technology tasks in relation to the violations as specified in Point a, Clause 1 of this Article.".

4. Some Clauses of Article 8 shall be amended as follows:

a) Clause 1 shall be amended as follows:

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b) Clause 10 shall be amended as follows:

“10. Remedial measures:

a) Enforced making of performance review reports in accordance with regulations in relation to the violations as specified in Clause 1 of this Article;

b) Enforced registration of change and amendments to certificates of registration of scientific and technological operations in relation to the violations specified in point b, Clause 3 of this Article.”.

c) Enforced revocation of dossiers and documents containing false information in relation to violations specified in Clause 7 of this Article.".

5. Some Clauses of Article 20 shall be amended as follows:

a) Clause 2 shall be amended as follows:

“A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for failure to repay subsidies from the State by due dates in accordance with regulations when the certificate of registration of technology transfer or the certificate of transfer of technology encouraged for transfer is revoked.

b) Point l Clause 4 shall be amended as follows:

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6. Clause 2 Article 27 shall be amended as follows:

“2. Persons in the People's Public Security forces, officials and public employees working for entities specified in from Article 28 through Article 34 who are on duty.”.

7. Some Points, Clauses of Article 28 shall be amended as follows:

a) Point c Clause 1 shall be amended as follows:

“c) Confiscate material evidences and/or means used for administrative violations which is worth up to VND 1.000.000.”;

b) Point d Clause 2 shall be amended as follows:

“d) Confiscate material evidences and/or means used for administrative violations which is worth up to VND 50.000.000.”;

c) Point d Clause 4 shall be amended as follows:

“d) Confiscate material evidences and/or means used for administrative violations which is worth up to VND 70.000.000.”;

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a) Point c Clause 1 shall be amended as follows:

“c) Confiscate material evidences and/or means used for administrative violations which is worth up to VND 10.000.000.”;

b) Point d Clause 2 shall be amended as follows:

“d) Confiscate exhibits and/or means used for administrative violations;”.

9. Some Clauses of Article 30 shall be amended as follows:

a) The first paragraph of Clause 2 shall be amended as follows:

"2. Heads of Police Stations and Leaders of the soldiers mentioned in Clause 1 of this Article shall have the power to:

b) Clause 3 shall be amended as follows:

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

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b) Impose a fine of up to VND 2.500.000;

c) Confiscate material evidences and/or means used for administrative violations which is worth up to VND 5.000.000.”;

b) Clause 4 shall be amended as follows:

“4. Heads of District-level Police Authorities, Managers of Specialized Departments of Internal Political Security Departments, Managers of Specialized Departments of Police Departments for Administrative Management of Social Order, Managers of Specialized Departments of Cybersecurity and Hi-tech Crime Prevention and Control Divisions and Heads of Provincial-level Police Departments, including Heads of Police Departments for Investigation into Corruption, Economy and Smuggling-related Crimes, Heads of Police Departments for Investigation into Social Order-related Crimes, Heads of Police Departments for Administrative Management of Social Order, Heads of Economic Security Departments, Heads of Internal Political Security Departments, Heads of Cybersecurity and Hi-tech Crime Prevention and Control Divisions and Chiefs of Environment Police Departments shall have power to:

a) Issue warnings;

b) Impose a fine of up to VND 10.000.000;

c) Deprive of the right to use the followings within the definite term: the certificate of registration of scientific and technological activities and the certificate of operation of representative office or branch;

d) Confiscate material evidences and/or means used for administrative violations which is worth up to VND 20.000.000.”;

c) Point d Clause 5 shall be amended as follows:

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10. Some Points, Clauses of Article 31 shall be amended as follows:

a) The first paragraph of Clause 2 shall be amended as follows:

“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:

b) Clause 3 shall be amended as follows:

"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:

a) Issue warnings;

b) Impose a fine of up to VND 25.000.000;

c) Confiscate material evidences and/or means used for administrative violations which is worth up to VND 50.000.000.”;

d) Enforce remedial measures mentioned in Clause 8 Article 4 of this Decree.”;

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“c) Confiscate material evidences and/or means used for administrative violations;

11. Some Points, Clauses of Article 32 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. Team leaders of Market Surveillance Teams and Heads of Specialized Departments affiliated to Department of Market Surveillance Operations shall have the power to:

a) Issue warnings;

b) Impose a fine of up to VND 25.000.000;

c) Confiscate material evidences and/or means used for administrative violations which is worth up to VND 50.000.000.”;

b) Clause 2 shall be amended as follows:

"2. Director of Provincial Market Surveillance Department and Director of Market Surveillance Operations Department affiliated to Vietnam Directorate of Market shall have the power to:

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b) Impose a fine of up to VND 50.000.000;

c) Confiscate material evidences and/or means used for administrative violations;

d) Deprive of the right to use the followings within the definite term: Certificate of fulfillment of requirements for provision of technology assessment and testing.”.

12. Point c Clause 1 Article 33 shall be amended as follows:

“c) Confiscate material evidences and/or means used for administrative violations;

13. Some Points, Clauses of Article 34 shall be amended as follows:

a) Point c Clause 1 shall be amended as follows:

“c) Confiscate material evidences and/or means used for administrative violations which is worth up to VND 1.000.000.”;

b) Point d Clause 2 shall be amended as follows:

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c) Point d Clause 4 shall be amended as follows:

“d) Confiscate material evidences and/or means used for administrative violations which is worth up to VND 70.000.000;”.

Article 4. Amendments to some articles of the Government’s Decree No 107/2013/ND-CP dated September 20, 2013 providing on sanctioning of administrative violations in atomic energy

1. Clause 3 Article 1 shall be amended as follows:

 “3. Sanctioning of administrative violation that fails to provide correct information about nuclear accidents shall comply with regulations on penalties for administrative violations in journalistic and publishing activities

2. Article 1a shall be added to Article 1 as follows:

“Article 1a. Entities subject to administrative sanctions

1. Vietnamese organizations and individuals or foreign organizations and individuals committing administrative violations against regulations in this Decree within Vietnam’s territory.

2. Household businesses and households committing administrative violations specified in this Decree shall be sanctioned similar to individual offenders.

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a) Business entities established under Law on Enterprises including: Sole proprietorships, joint-stock companies, limited liability companies and partnerships;

b) Business entities established under Cooperative Law including: Cooperatives and unions of cooperatives; 

c) Other organizations established in accordance with law.

4.  Entities subject to administrative sanctions being branches, representative offices, places of business of enterprises which have been determined in accordance with law on handling of administrative violations.”.

3. Clause 7 Article 2 shall be amended as follows:

 “7. In case the administrative violations specified in Article 5, Article 6, Article 7, points a, c, d and dd Clause 2 Article 8, Article 10, Article 13, Article 15 of this Decree are committed many times, it shall be considered as aggravating circumstances.

“7. In case, other administrative violations specified in this Decree are committed many times, it shall be sanctioned for each violation.

4. Clause 12 shall be added to Clause 11 Article 3 as follows:

“12. Enforced recall of goods for destruction.".

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 “Article 3a. Execution of administrative sanctioning decisions, execution of remedial measures and enforcement of administrative sanctioning decisions

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

6. Clause 2 Article 4 shall be amended as follows:

“2. The authority to impose sanctions against administrative violations of persons defined in Articles 43, 44, 45, 45a, 45b and 45c of this Decree is the authority applied to an administrative violation of individual.  In case of fine, the authority to impose sanctions for organizations shall be more than twice of the authority to impose sanctions for individuals.

7. Some Points, Clauses of Article 6 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. A fine of from VND 2.000.000 to VND 5.000.000 shall be imposed for the commission of one of the following violations:

a) Carrying out the radiation jobs when the licenses have been expired for no more than 30 working days;

b) Failing to carry out procedure for adjustment of the license for carrying out radiation jobs in accordance with regulations.”;

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“4. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for the commission of one of the following violations without licenses, in case of violations not to the extent of being examined for criminal liability:”;

c) Point e shall be added to Point dd Clause 4 as follows:

“e) Building the radiation facility,”;

d) Title of Clause 5 shall be amended as follows:

“5. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for the commission of one of the following violations without licenses, in case of violations not to the extent of being examined for criminal liability:”;

dd) Title of Clause 6 shall be added as follows:

“6. A fine of from VND 20.000.000 to VND 35.000.000 shall be imposed for the commission of one of the following violations without licenses, in case of violations not to the extent of being examined for criminal liability:”;

e) Title of Clause 7 shall be added as follows:

“7. A fine of from VND 30.000.000 to VND 50.000.000 shall be imposed for the commission of one of the following violations without licenses, in case of violations not to the extent of being examined for criminal liability:”;

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“8. A fine of from VND 40.000.000 to VND 70.000.000 shall be imposed for the commission of one of the following violations without licenses, in case of violations not to the extent of being examined for criminal liability:”;

8. Some Points of Clause 2 of Article 8 shall be amended as follows:

a) Point c shall be amended as follows:

“c) Failing to equip or adequately equip the personal dosimeters for radiological workers;”;

b) Point e shall be added to Point dd Clause 2 as follows:

“e) Failing to set the level of investigation according to regulations.’.

9. Point c Clause 1 Article 12 shall be amended as follows:

“c) Failing to periodically inspect radiotherapy equipment according to regulations.”.

10. Point c Clause 4 Article 13 shall be amended as follows:

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11. Point a Clause 1 Article 19 shall be amended as follows:

“a) Failing to formulate, organize implementation or have decision on approval for plan to response radiation accidents at grassroots, except for violation specified in point b Clause 2 Article 17 of this Decree;

12. Point g Clause 2 Article 27 shall be amended as follows:

“g) Failing to appoint a person in charge of safety or decontamination; have staff trained in medical physics according to regulations;”.

13. Points c and dd Clause 2 Article 28 shall be amended as follows:

a) Point c Clause 2 shall be amended as follows:

“c) Failing to install locks for gates of the area for security control; failing to install locks for gates of rooms where radioactive sources are laid, source control rooms, security control rooms; failing to install locks for water treatment tanks to preserve radioactive sources in industrial irradiation;”;

b) Point dd Clause 2 shall be amended as follows:

“dd) Failing to have written permission of heads of facilities or the authorized persons, failing to have the minutes of handing over when transferring radioactive sources in internal scope of facilities; failing to have documents on regulations the responsibilities and powers of the security forces and of each organization and individual regarding assurance about the security of radioactive sources according to regulations;”.

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“dd) Failing to have written permission of heads of facilities or the authorized persons, failing to have the minutes of handing over when transferring radioactive sources in internal scope of facilities; failing to have documents on regulations on the responsibilities and powers of each organization and individual regarding assurance about the security of radioactive sources according to regulations;”.

15. Point b Clause 2 Article 30 shall be amended as follows:

“b) Committing violations mentioned in Point d Clause 2 Article 29 of this Decree;”.

16. Point dd Clause 2 Article 31 shall be amended as follows:

“dd) Committing violations mentioned in Point d Clause 2 Article 29 of this Decree;”.

17. Some Points, Clauses of Article 32 shall be amended as follows:

a) Point e Clause 1 shall be amended as follows:

“e) Committing violations mentioned in Point d Clause 2 Article 29 of this Decree.”;

b) Point e shall be added to Point dd Clause 3 as follows:

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c) Point c, Clause 5 shall be amended as follows:

“c) Committing violations mentioned in Point d Clause 2 Article 29 of this Decree.”;

18. Article 33 shall be amended as follows:

“Article 33. Violating the provisions on security of radioactive sources when using, storing radioactive sources at the security level D

A fine of from VND 3.000.000 to VND 6.000.000 shall be imposed for the commission of one of the following violations:

1. Failing to tally radioactive sources every three months, every week in case of maintenance, repair and suspension of production line for equipment using radioactive sources and installed on the production line.

2.  Failing to have documents on regulations on the responsibilities and powers of each organization and individual regarding assurance about the security of radioactive sources according to regulations.”;

19. Clause 4 shall be added to Clause 3 Article 39 as follows:

“4. Remedial measures:

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20. Some Clauses of Article 40 shall be amended as follows:

a) Clause 2 shall be amended as follows:

“2. A fine of from VND 8.000.000 to VND 15.000.000 shall be imposed for organizations providing support service for the application of atomic energy with one of the following violations:

a) Providing support service for the application of atomic energy without sufficiency of person quantity possessing the practice certificates according to regulations;

b) Employing person not possessing a practice certificate of support service for the application of atomic energy to perform service activities that require the practicing certificate.”;

b) Clauses 3 and 4 shall be added to Clause 2 as follows:

“3. Additional penalties:

 Depriving the right to use the registration license for providing support service for the application of atomic energy from 01 – 03 months in relation to violations specified in Point a Clause 2 of this Article;

4. Remedial measures:

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21. Some Clauses of Article 41 shall be amended as follows:

a) Point dd shall be added to Point d Clause 2 as follows:

“dd) Failing to equip or adequately equip the personal dosimeters for radiological workers, equipment for protection; failing to assess personal dose at the prescribed frequency for workers performing services and directly working with radiation according to regulations.”;

b) Point dd shall be added to Point d Clause 3 as follows:

“dd) Failing to ensure maintenance of material - technical facilities according to the conditions for granting the registration license for providing support service for the application of atomic energy, except for violations that are sanctioned according to regulations of this Decree;” ;

c) Point e shall be added to Point dd Clause 3 as follows:

“e) Repeating one of violations specified in Points a, b, d and dd Clause 3 of this Article;

e) Clause 4 shall be amended as follows:

“4. Additional penalties:

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22. Some Points, Clauses of Article 43 shall be amended as follows:

a) Point c Clause 1 shall be amended as follows:

“c) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 1.000.000;”;

b) Point d Clause 2 shall be amended as follows:

“d) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 100.000.000;”;

c) Point d Clause 3 shall be amended as follows:

“d) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 500.000.000;”;

23. Some Points of Clause 1 of Article 44 shall be amended as follows:

a) Point b Clause 1 shall be amended as follows:

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b) Point d Clause 1 shall be amended as follows:

“d) Confiscate exhibits and/or means used for administrative violations;”.

24. Article 45 shall be amended as follows:

“Article 45. Power to impose penalties of the People’s Public Security:

1. On-duty soldiers of the People’s Police forces; Heads of Communal-level Police Authorities shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 500.000;

2. Heads of Communal-level Police Authorities shall have the power to:

a) Issue warnings;

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c) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 5.000.000;

d) Enforce remedial measures mentioned in Article 3 of this Decree

3. Heads of District-level Police Authorities, Managers of Specialized Departments of Immigration Departments, Managers of Specialized Departments of Police Departments for Administrative Management of Social Order, Managers of Specialized Departments of Cybersecurity and Hi-tech Crime Prevention and Control Divisions and Heads of Provincial-level Police Departments, including Heads of Police Departments for Investigation into Social Order-related Crimes, Heads of Police Departments for Administrative Management of Social Order, Heads of Economic Security Departments, Heads of Cybersecurity and Hi-tech Crime Prevention and Control Divisions and Chiefs of Environment Police Departments, Heads of Immigration Departments shall have power to:

a) Issue warnings;

b) Impose a fine of up to VND 25.000.000;

c) Suspend licenses/practicing certificates or suspend operations for fixed periods;

d) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 50.000.000;

dd) Enforce remedial measures mentioned in Points 2,4 and 5 Article 3 of this Decree

4. Directors of provincial-level Public Security Departments shall have the power to:

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b) Impose a fine of up to VND 100.000.000;

c) Suspend licenses/practicing certificates or suspend operations for fixed periods;

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

dd) Enforce remedial measures mentioned in Clauses 2, 3, 4, 5, 6, 7 and 8 Article 3 of this Decree

5. Director of Department of Cybersecurity and Hi-tech Crime Prevention and Control, 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 Administrative Management of Social Order, Director of Internal Political Security Department, Director of Economic Security Department, Director of Environment Police Department shall have the power to:

a) Issue warnings;

b) Impose a fine of up to VND 1.000.000.000;

c) Suspend licenses/practicing certificates or suspend operations for fixed periods;

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

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25. Article 45a shall be added to Article 45 as follows:

“Article 45a. Power to impose administrative penalties of the Customs

1. 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:

a) Issue warnings;

b) Impose a fine of up to VND 25.000.000;

c) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 50.000.000;

d) Enforce remedial measures mentioned in Clauses 2 and 4 Article 3 of this Decree.”;

2. Director of Smuggling Investigation and Prevention Department, Director of Post Clearance Audit Department affiliated to General Department of Customs, Directors of Customs Departments of provinces and inter-provinces shall have the power to:

a) Issue warnings;

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c) Suspend licenses/practicing certificates or suspend operations for fixed periods;

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

dd) Enforce remedial measures mentioned in Clauses 2 and 4 Article 3 of this Decree.

3. Director General of General Department of Vietnam Customs shall have power to:

a) Issue warnings;

b) Impose a fine of up to VND 1.000.000.000;

c) Confiscate material evidences and/or means used for administrative violations;

d) Enforce remedial measures mentioned in Clauses 2 and 4 Article 3 of this Decree.”;

26. Article 45b shall be added to Article 45a as follows:

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

a) Issue warnings;

b) Impose a fine of up to VND 100.000.000;

c) Suspend licenses/practicing certificates for fixed periods;

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

dd) Enforce remedial measures mentioned in Clauses 2 and 4 Article 3 of this Decree.

2. Commanders of Vietnam Coast Guard shall have the power to:

a) Issue warnings;

b) Impose a fine of up to VND 1.000.000.000;

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

dd) Enforce remedial measures mentioned in Clauses 2 and 4 Article 3 of this Decree.

27. Article 45c shall be added to Article 45b as follows:

“Article 45c. Power to impose penalties of Border Guard forces:

1. Commanders of Crime and Drug Prevention and Control Brigades affiliated to Crime and Drug Prevention and Control Department of Border Guard High Command shall have the power to:

a) Issue warnings;

b) Impose a fine of up to VND 100.000.000;

c) Confiscate material evidences and/or means used for administrative violations, with value of not over VND 200.000.000;

d) Enforce remedial measures mentioned in Clauses 2 and 4 Article 3 of this Decree.”;

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a) Issue warnings;

b) Impose a fine of up to VND 1.000.000.000;

c) Suspend licenses/practicing certificates or suspend operations for fixed periods;

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

dd) Enforce remedial measures mentioned in Clauses 2 and 4 Article 3 of this Decree.

28. Article 45d shall be added to Article 45c as follows:

“Article 45d. Determination of power to impose penalties

1. Science and technology inspectors:

a) On-duty inspectors and persons assigned to carry out specialized inspections in Science and Technology shall have the power to impose penalties for the administrative violations in Clause 1 Article 5, Clause 1 Article 8, Clause 1 Article 13, Clause 1 Article 27 and Clause 1 Article 42 of this Decree;

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c) Heads of specialized delegations of the Ministry of Science and Technology shall have the power to impose penalties for the administrative violations in Article 5, Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 6, Article 7, Article 8, Article 9, Article 10, Article 11, Article 12, Article 13, Article 14, Article 15, Article 16, Article 17, Article 18, Clauses 1, 2, 3 and 5 Article 19, Article 20, Article 21, Article 22, Article 23, Article 24, Article 25, Clause 1 Article 26, Article 27, Article 28, Article 29, Article 30, Article 31, Article 32, Article 33, Article 34, Clauses 1, 2 and 3 Article 35, Article 36, Clauses 1, 3 and 4 Article 37, Clause 1 Article 38, Article 39, Article 40, Article 41 and Article 42 of this Decree;

d) The Chief Inspector of Ministry of Science and Technology, Director of the Department of Radiation Safety and Nuclear shall have the power to impose penalties for the administrative violations in Chapter II of this Decree;

2. Power to impose penalties of the Presidents of the People’s Committees at all levels:

a) The Presidents of the People’s Committees of districts have the power to impose penalties for administrative violations in Point b, Clause 2 Article 5, Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 6, Article 7, Article 9, Article 34 and Article 42 of this Decree;

b) Chairpersons of the People’s Committees of provinces shall have the power to impose penalties for administrative violations in Chapter II of this Decree.

3. Power to impose penalties of the People’s Public Security forces:

a) On-duty soldiers of the people’s police security forces shall have the power to impose penalties for administrative violations in Clause 1 Article 5, Clause 1 Article 8 and Clause 1 Article 42 of this Decree;

b) Heads of Communal-level Police Authorities shall have the power to impose penalties for administrative violations in Clauses 1 and 2 Article 5, Clause 1 Article 8, Clause 1 Article 20 and Clause 1 Article 42 of this Decree;

c) Heads of District-level Police Authorities, Managers of Specialized Departments of Immigration Departments, Managers of Specialized Departments of Police Departments for Administrative Management of Social Order, Managers of Specialized Departments of Cybersecurity and Hi-tech Crime Prevention and Control Divisions and Heads of Provincial-level Police Departments, including Heads of Police Departments for Investigation into Social Order-related Crimes, Heads of Police Departments for Administrative Management of Social Order, Heads of Economic Security Departments, Heads of Cybersecurity and Hi-tech Crime Prevention and Control Divisions and Chiefs of Environment Police Departments, Heads of Immigration Departments shall have power to impose penalties for administrative violations in Clauses 1 and 2 Article 5, Clauses 3, 4, 5 and 11 Article 6, Article 8, Article 9, Clauses 1, 2 and 3 Article 17, Clauses 1 and 6 Article 18, Clause 1 Article 19, Clauses 1 and 2 Articles 20, Article 30, Article 31, Article 32, Article 33, Clauses 1, 2, 3 and 4 Article 34 and Article 42 of this Decree;

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dd) Director of Department of Cybersecurity and Hi-tech Crime Prevention and Control, 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 Administrative Management of Social Order, Director of Internal Political Security Department, Director of Economic Security Department, Director of Environment Police Department shall have the power to impose penalties for administrative violations in atomic energy specified in Article 5, Article 6, Article 7, Article 8, Article 9, Article 17, Article 18, Article 19, Article 20, Article 21, Article 23, Article 28, Article 29, Article 30, Article 31, Article 32, Article 33 , Article 34, Article 35, Article 36, Article 38 and Article 42 of this Decree according to their competence, sector and management.

4. Power to impose administrative penalties of the Customs

a) 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 Anti-Smuggling and Investigation Department; Directors of Post Clearance Audit Sub-Departments affiliated to Post Clearance Audit Department shall have the power to impose penalties for administrative violations in atomic energy regarding Customs specified in Point c Clause 4 and Point a Clause 11 Article 6, Clauses 2 and 3 Article 9, Clause 1, Point a Clause 2, Clause 3 and Clause 6 Article 18 and Article 42 of this Decree according to their competence, sector and management.

b) Directors of Anti-Smuggling and Investigation Departments, Directors of Customs Departments of provinces and inter-provinces shall have the power to impose penalties for administrative violations in atomic energy regarding Customs specified in Point c Clause 4, Point a Clause 7 and Clause 11 Article 6, Clauses 2 and 3 Article 9, Clauses 1, 2, 3, 4 and 6 Article 18 and Article 42 of this Decree according to their competence, sector and management.

c) General Director of General Department of Vietnam Customs shall have the power to impose penalties for administrative violations in atomic energy regarding Customs specified in Point c Clause 4, Point a Clause 7 and Clause 11 Article 6, Clauses 2 and 3 Article 9, Clause 1, Point a Clause 2, Clause 3, Clause 4, Clause 5 and Clause 6 Article 18 and Article 42 of this Decree according to their competence, sector and management.

5. Power to impose penalties of Coast Guard forces

a) Commanders of Regional Coast Guards, Director of Operation and Law Department affiliated to Vietnam Coast Guard shall have the power to impose penalties for administrative violations in atomic energy occurring at sea areas under the sovereignty and jurisdiction of Vietnam and specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 6, Article 17, Clauses 1, 2, 3 and 4 Article 18, Article 34, Clauses 1, 2 and 3 Article 35, Clause 1 Article 38 and Article 42 of this Decree according to their competence, sector and management.

b) Commanders of Regional Coast Guards shall have the power to impose penalties for administrative violations in atomic energy occurring at sea areas under the sovereignty and jurisdiction of Vietnam and specified in Article 6, Article 17, Article 18, Article 34, Article 35, Article 38 and Article 42 of this Decree according to their competence, sector and management.

6. Power to impose penalties of Border Guard forces:

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b) 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 impose penalties for administrative violations in atomic energy occurring at border areas, border gates and specified in Article 6, Article 17, Article 18, Article 34, Article 35, Article 38 and Article 42 of this Decree according to their competence, sector and management.

29. Article 46 shall be amended as follows:

“Article 46. Power to make an administrative offense report

Persons authorized to make an administrative offense report in atomic energy include:

1. b) Persons authorized to impose administrative penalties in atomic energy shall be regulated in Article 43, Article 44, Article 45, Article 45a, Article 45b and Article 45c of this Decree

2. Persons in the People's Army of Vietnam, People's Public Security Forces of Vietnam, officials and public employees in the agencies in Vietnam in Articles 43, 44 and 45a of this Decree who are on duty.”.

Article 5. Annulment of some 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 and the Government’s Decree No. 107/2013/ND-CP dated September 20, 2013 providing on sanctioning of administrative violations in atomic energy.

1. This Decree annuls Clause 3 Article 5; Point b Clause 1 Article 7; Point c Clause 2 Article 32 of Decree No. 99/2013/ND-CP.

2. This Decree annuls Point c, Clause 3, Article 3; Point g, Point h Clause 3, Clause 5 Article 19; Clause 3, Article 20; point a, point b clause 1 Article 21; Point b, Clause 3, Article 24; Article 28; Clause 5, Clause 6 Article 31; Points dd, g, Clause 1, Article 32 of Decree No. 119/2017/ND-CP.

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Article 6. Responsibilities for implementation

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. The Ministers, heads of the ministerial-level agencies, heads of the governmental agencies, the Presidents of the People's Committees of provinces of Vietnam shall be responsible for the implementation of this Decree

Article 7. Implementation

1. This Decree comes into force from January 01, 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 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.

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ON BEHALF OF THE GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Vu Duc Dam