THE MINISTRY OF SCIENCE AND TECHNOLOGY
Circular No. 18/2018/TT-BKHCN dated December 18, 2018 of the Ministry of Science and Technology on guidelines for implementation of a number of articles of Decree No. 119/2017/ND-CP dated November 01, 2017 on penalties for administrative violations against regulations on standards, measurement and quality of goods
Pursuant to Decree No. 95/2017/ND-CP dated August 16, 2017 of the Government on functions, duties, rights and organizational structure of the Ministry of Science and Technology;
Pursuant to Decree No. 119/2017/ND-CP dated November 01, 2017 of the Government on penalties for administrative violations against regulations on standards, measurement and quality of products and goods;
At the request of Chief Ministry Inspectorate, Director General of Directorate for Standards; Metrology and Quality and Director General of Department of Legal Affairs;
The Minister of Science and Technology promulgates a Circular on guidelines for implementation of a number of Articles of Decree No. 119/2017/ND-CP dated November 01, 2017 of the Government on penalties for administrative violations against regulations on standards, measurement and quality of products and goods.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular provides guidelines for implementation of a number of Articles of Decree No.119/2017/ND-CP dated November 01, 2017 of the Government on penalties for administrative violations against regulations on standards, measurement and quality of products and goods (hereinafter referred to as “Decree No.119/2017/ND-CP)”.
Article 2. Subjects of application
1. Organizations and individuals committing administrative violations against regulations on standards, measurement and quality of products and goods.
2. Persons having power to impose penalties for and power to make records of administrative violations against regulations on standards, measurement and quality of products and goods specified in Chapter III of Decree No.119/2017/ND-CP (hereinafter referred to as “competent persons”).
3. Organizations and individuals committing administrative violations against regulations on standards, measurement and quality of products and goods.
Article 3. Principles for imposing penalties
1. Penalties for administrative violations against regulations on standards, measurement and quality of products and goods shall be imposed in compliance with the principles specified in Clause 1 Article 3 of the Law on Handling of Administrative Violations dated June 20, 2012 (hereinafter referred to as “the Law on Handling of Administrative Violations”).
2. If any administrative violation against regulations on standards, measurement and quality of products and goods is found, the competent person on service specified in Chapter III of Decree No.119/2017/ND-CP shall request the violators to stop their action immediately. Such request shall be mentioned in the inspection or administrative violation record.
3. Competent persons shall take actions as specified in Article 34, 35, 36, 37, 38, 39, 40 and 41 of Decree No.119/2017/ND-CP. Persons having power to make administrative violation records but not enough power to impose penalties for such violations shall transfer the case to a competent person as regulated by laws.
Article 4. Determination of value of unconformable goods and goods that have been sold
1. The value of unconformable goods shall be determined as prescribed in Article 60 of the Law on Handling of Administrative Violations. Total value of unconformable goods on the date of administrative violations shall be determined under regulations specified in Section 2 Chapter II of Decree No.119/2017/ND-CP and the following formula:
Total value of unconformable goods | = | |
Quantity of unconformable goods discovered on the inspection date | x | Price of unconformable goods |
(Total value of unconformable goods shall be equal to the quantity of unconformable goods discovered on the inspection date multiplied by the price of such goods).
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